Statement of Principles concerning otitis externa No. 74 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B02771 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

OTITIS EXTERNA

Instrument No. 74 of 2001 as amended

made under section 196B(3) 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. 43 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(3) of the

Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.293 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that otitis externa and death from otitis externa can be related to relevant service rendered by veterans 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 exist before it can be said that, on the balance of probabilities, otitis externa or death from otitis externa is connected with the circumstances of a person’s relevant service are:

 

(a)             swimming or diving in water within the seven 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 seven 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 seven 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 seven 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) or 70(5)(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) eligible war service (other than operational service); or

(b) defence service (other than 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 120B of the Act

applies.


Notes to Statement of Principles concerning otitis externa (Instrument No. 74 of 2001)

The Statement of Principles concerning otitis externa (Instrument No. 74 of 2001) in force under section 196B(3) 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. 74 of 2001)

19 September 2001

(see Gazette 2001, No. GN37)

19 September 2001

 

Amendment of Statement of Principles concerning otitis externa (Instrument No. 43 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.43 of 2002

 

 

Overview

The Statement of Principles concerning Otitis Externa, Instrument No. 74 of 2001, was enacted under section 196B(3) of the Veterans’ Entitlements Act 1986 to address the medical and scientific evidence regarding the relationship between otitis externa, inflammation of the external auditory canal, and the service rendered by veterans or members of the Forces. This legislative instrument was introduced by the Repatriation Medical Authority, which is tasked with determining the principles that govern the assessment of veterans' claims related to health conditions that may have been caused or aggravated by their service. The policy objective of this Statement of Principles is to establish the connection between specific service-related activities or conditions and the onset or worsening of otitis externa, thereby facilitating the assessment and approval of relevant veterans' claims. The Statement of Principles lists various factors that must be related to service for a claim to be considered, including swimming or diving in water, undergoing therapeutic radiation, and having a foreign object inserted into the ear canal, among others. The Repatriation Medical Authority determined that it is more probable than not that otitis externa and death from otitis externa can be related to relevant service under the conditions outlined in the Statement of Principles. This legislative instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies.

Scope and Application

The Statement of Principles concerning Otitis Externa Instrument No. 74 of 2001, as amended, made under section 196B(3) of the Veterans' Entitlements Act 1986, pertains to otitis externa, which is defined as inflammation of the external auditory canal, and death from otitis externa. This instrument applies to all matters covered by section 120B of the Act and primarily concerns veterans and members of the Australian Defence Force. It outlines the specific circumstances and factors that must exist to establish a connection between otitis externa or death from otitis externa and relevant military service. These factors include exposure to swimming or diving in water, therapeutic radiation, insertion or removal of foreign objects, systemic inflammatory skin conditions, chronic suppurative otitis media, diabetes mellitus, immuno-compromised states, and obstruction of the external auditory canal. The instrument also details how these factors apply differently when considering material contribution or aggravation of the condition post-service. Furthermore, the instrument incorporates definitions from other relevant Statements of Principles where applicable and includes transitional provisions to accommodate amendments. The scope of the instrument is limited to the factors specified and does not extend beyond what is explicitly outlined in the Statement of Principles.

Key Provisions

This legislation, the Statement of Principles concerning Otitis Externa (Instrument No. 74 of 2001), revokes an earlier instrument (Instrument No. 293 of 1995) and establishes new principles for considering claims related to otitis externa, including death from otitis externa. This is done under the authority of the Veterans’ Entitlements Act 1986 (the Act). The new principles focus on the relationship between otitis externa and relevant service rendered by veterans or members of the Armed Forces. Otitis externa is defined as inflammation of the external auditory canal, with specific ICD-10-AM codes (H60, H62.0, H62.1, H62.2, H62.3, H62.4) to identify the condition. The Statement of Principles outlines that for otitis externa or death from otitis externa to be considered connected to relevant service, at least one of the specified factors must relate to the service. These factors include swimming or diving in water, undergoing therapeutic radiation, having a foreign object inserted into the ear canal, suffering from inflammation of the ear canal due to a specified systemic inflammatory skin condition, having chronic suppurative otitis media, suffering from diabetes mellitus, being in an immuno-compromised state, having an obstruction or partial obstruction of the external auditory canal, or being unable to obtain appropriate clinical management for otitis externa. The legislation also details specific time frames within which these factors must occur in relation to the onset or worsening of the condition. The obligations imposed by the Statement of Principles require that claims for benefits related to otitis externa must be supported by evidence that at least one of the specified factors is related to the veteran’s or service member’s relevant service. This involves providing medical and service records that demonstrate the presence of these factors and their connection to the service. The Statement of Principles further clarifies that certain factors apply only to material contribution to, or aggravation of, otitis externa when the condition was suffered or contracted before or during relevant service but not arising out of it. There are no specific offences, penalties, or consequences for breach outlined in this legislation. Instead, the consequences of failing to meet the requirements are related to the denial of benefits for the claimed condition if the necessary evidence is not provided or if the connection to relevant service is not established. The Statement of Principles ensures that claims are assessed based on the sound medical-scientific evidence and the outlined factors, ensuring that benefits are awarded fairly and appropriately to those who qualify.

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