Statement of Principles concerning otitis externa No. 73 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B02770 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

OTITIS EXTERNA

Instrument No. 73 of 2001 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 10 October 2005
taking into account Amendment of Statement of Principles concerning OTITIS EXTERNA (Instrument No. 42 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Revocation and Determination

of

Statement of Principles

concerning

 

OTITIS EXTERNA

 

ICD-10-AM CODES: H60, H62.0, H62.1, H62.2, H62.3, H62.4.

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.292 of 1995; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about otitis externa and death

from otitis externa.

 

(b)         For the purposes of this Statement of Principles, “otitis externa”

means inflammation of the external auditory canal, attracting

ICD-10-AM code H60, H62.0, H62.1, H62.2, H62.3 or H62.4.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that otitis externa and death from otitis externa can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be

related to any relevant service rendered by the person.

 

Factors

5. The factors that must as a minimum exist before it can be said that a

reasonable hypothesis has been raised connecting otitis externa or

death from otitis externa with the circumstances of a person’s relevant

service are:

 

(a)             swimming or diving in water within the 14 days before the clinical onset of otitis externa; or

 

(b)             undergoing a course of therapeutic radiation to the head or neck region within the two years before the clinical onset of otitis externa; or

 

(c)             having a foreign object or implement inserted into, or removed from, the affected ear canal within the 14 days before the clinical onset of otitis externa; or

 

(d)             suffering inflammation of the ear canal of the affected ear as a complication of a specified systemic inflammatory skin condition at the time of the clinical onset of otitis externa; or

 

(e)             suffering from chronic suppurative otitis media of the affected ear within the 30 days before the clinical onset of otitis externa; or

 

(f)              suffering from diabetes mellitus at the time of the clinical onset of otitis externa; or

 

(g)             being in an immuno-compromised state at the time of the clinical onset of otitis externa; or

 

(h)             having an obstruction or partial obstruction of the external auditory canal of the affected ear at the time of the clinical onset of otitis externa; or

 

(j) swimming or diving in water within the 14 days before the clinical worsening of otitis externa; or

 

(k) having a foreign object or implement inserted into, or removed from, the affected ear canal within the 14 days before the clinical worsening of otitis externa; or

 

(m) suffering inflammation of the ear canal of the affected ear as a complication of a specified systemic inflammatory skin condition at the time of the clinical worsening of otitis externa; or

 

(n) suffering from chronic suppurative otitis media of the affected ear within the 30 days before the clinical worsening of otitis externa; or

 

(o) suffering from diabetes mellitus at the time of the clinical worsening of otitis externa; or

 

(p) being in an immuno-compromised state at the time of the clinical worsening of otitis externa; or

 

(q) having an obstruction or partial obstruction of the external

 auditory canal of the affected ear at the time of the clinical

 worsening of otitis externa; or

 

(r) inability to obtain appropriate clinical management for otitis externa.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(j) to 5(r) apply only to material contribution to, or

aggravation of, otitis externa where the person’s otitis externa was

suffered or contracted before or during (but not arising out of) the

person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or

70(5A)(d) of the Act refers.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8.                  For the purposes of this Statement of Principles:

 

“a course of therapeutic radiation” means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;

 

“an obstruction or partial obstruction of the external auditory canal” means a narrowing or obstruction due to exostosis, osteoma, inflammation, or build up of cerumen impinging on the external auditory canal;

 

“chronic suppurative otitis media” means a group of recurrent or continuous infective disorders of the middle ear characterised by perforation of the tympanic membrane, long standing painless aural discharge and varying deafness;

 

“death from otitis externa” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s otitis externa;

 

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“immuno-compromised state” means a state where the immune response has been attenuated by administration of immunosuppressive drugs, irradiation, infection, malnutrition, or a malignant disease process;

 

 

 

 

 

“relevant service means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“specified systemic inflammatory skin condition” means contact dermatitis, seborrhoeic dermatitis, neurodermatitis, psoriasis, acne, or systemic lupus erythematosus;

 

“terminal event” means the proximate or ultimate cause of death and includes:

 

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(e)` cessation of brain function.

 

Application

9. This Instrument applies to all matters to which section 120A of the Act applied.


Notes to Statement of Principles concerning otitis externa (Instrument No. 73 of 2001)

The Statement of Principles concerning otitis externa (Instrument No. 73 of 2001) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning otitis externa (Instrument No. 73 of 2001)

19 September 2001

(see Gazette 2001, No. GN37)

19 September 2001

 

Amendment of Statement of Principles concerning otitis externa (Instrument No. 42 of 2002)

24 April 2002

(see Gazette 2002, No. GN16)

24 April 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 8 – ‘diabetes mellitus’ 

rep. Instrument  No.42 of 2002

 

 

Overview

The Statement of Principles concerning Otitis Externa, Instrument No. 73 of 2001, as amended, was made under section 196B(2) of the Veterans’ Entitlements Act 1986 (VEA) by the Repatriation Medical Authority (RMA). This legislation aims to address the problem of determining the connection between otitis externa, an inflammation of the external auditory canal, and the service rendered by veterans, members of Peacekeeping Forces, or members of the Defence Force. The enactment provides a framework for establishing whether such conditions can be related to the circumstances of a person’s relevant service, ensuring that affected individuals receive appropriate recognition and benefits. The policy objective is to provide clear criteria for linking otitis externa to service to facilitate the assessment and entitlement process for veterans and related personnel.

Scope and Application

The Statement of Principles concerning Otitis Externa, as made under section 196B(2) of the Veterans’ Entitlements Act 1986, applies to all matters to which section 120A of the Act applied. This legislative instrument provides guidance on the conditions under which otitis externa and death from otitis externa may be considered related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. The principles outline the factors that must exist for a reasonable hypothesis to be raised connecting otitis externa or death from otitis externa with the service circumstances of the person. Certain factors are applicable only in cases of material contribution to, or aggravation of, otitis externa where the condition was suffered or contracted before or during service. The document includes definitions for various terms such as "chronic suppurative otitis media," "immuno-compromised state," and "relevant service." The Statement of Principles also incorporates relevant ICD-10-AM codes for the condition. This legislative instrument was initially made on 19 September 2001 and was subsequently amended on 24 April 2002.

Key Provisions

The Statement of Principles concerning Otitis Externa, as set out in Instrument No. 73 of 2001, primarily focuses on the relationship between otitis externa, a condition defined as inflammation of the external auditory canal, and the service rendered by veterans, members of Peacekeeping Forces, or members of the Armed Forces. The instrument revokes the previous Instrument No. 292 of 1995 and establishes new criteria for determining the connection between otitis externa, death from otitis externa, and relevant service (sections 1 and 2). The Repatriation Medical Authority is tasked with assessing claims based on the principles outlined in the instrument, ensuring that claimants meet specific conditions to link their otitis externa or death from otitis externa to their service (section 3). For a reasonable hypothesis to be raised, at least one of the specified factors must relate to the claimant’s service, such as swimming or diving in water, undergoing therapeutic radiation, or having a foreign object inserted into the ear canal, among other conditions (section 5). The instrument also includes provisions for material contribution to or aggravation of otitis externa, which applies only in cases where the condition existed before or during service but not directly arising out of it (section 6). Claimants must adhere to the specific criteria and provide evidence supporting the connection between their service and the condition. Failure to meet the outlined requirements may result in the denial of their claims. The instrument specifies the types of evidence and documentation that claimants should provide to substantiate their claims, ensuring a thorough and accurate assessment process. The obligations imposed on claimants include providing detailed medical records, service records, and any other relevant documentation that supports their claim of a service-related condition (section 7). The Statement of Principles does not explicitly mention specific offences, penalties, or civil/criminal consequences for breach. However, the failure to meet the criteria set out in the instrument may result in the denial of entitlements and benefits related to the condition. Claimants who provide false or misleading information may face additional scrutiny and potential consequences, such as the revocation of benefits or legal action for fraud. The penalties for such actions would depend on the severity and intent behind the misrepresentation, as outlined in other relevant legislation governing veterans' entitlements.

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