Statement of Principles concerning otitis media No. 2 of 2003

Administered by Department of Veterans' Affairs

Legislation au F2005B02134 Not in force Legislative Instrument

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Instrument No.2 of 2003

 

Determination

of

Statement of Principles

concerning

OTITIS MEDIA

 

ICD-10-AM CODES: H65, H66, H67

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

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

 

(b)              For the purposes of this Statement of Principles “otitis media” means an inflammatory process within the middle ear.  This definition of otitis media excludes cholesteatoma of middle ear or isolated perforation of tympanic membrane.  Otitis media attracts ICD-10-AM code H65, H66 or H67.

 

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 media and death from otitis media 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 media or death from otitis media is connected with the circumstances of a person’s relevant service are:

 

(a)               suffering from a viral upper respiratory tract infection within the seven days immediately before the clinical onset of otitis media; or

 

(b)              suffering from partial or complete obstruction of the eustachian tube of the affected side within the seven days immediately before the clinical onset of otitis media; or

 

(c)               suffering from malignant neoplasm of the nasopharynx at the time of the clinical onset of otitis media; or

 

(d)              undergoing a course of therapeutic radiation involving the temporal bone of the affected side within the three years immediately before the clinical onset of otitis media; or

 

(e)               suffering from rupture of the tympanic membrane of the affected side within the seven days immediately before the clinical onset of otitis media; or

 

(f)                suffering from otitic barotrauma within the seven days immediately before the clinical onset of otitis media; or

 

(g)              suffering from tuberculosis at the time of the clinical onset of otitis media; or

 

(h)              suffering from a viral upper respiratory tract infection within the seven days immediately before the clinical worsening of otitis media; or

 

(i)                suffering from partial or complete obstruction of the eustachian tube of the affected side within the seven days immediately before the clinical worsening of otitis media; or

 

(j)                suffering from rupture of the tympanic membrane of the affected side within the seven days immediately before the clinical worsening of otitis media; or

 

(k)              suffering from otitic barotrauma within the seven days immediately before the clinical worsening of otitis media; or

 

(l)                inability to obtain appropriate clinical management for otitis media.


Factors that apply only to material contribution or aggravation

6. Paragraphs 5(h) to 5(l) apply only to material contribution to, or aggravation of, otitis media where the person’s otitis media 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;

 

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

 

“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), Third Edition, effective date of 1 July 2002, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 413 9.  Where in this Statement of Principles an ICD code is referenced, such reference is not to constrain or limit the proper meaning of the definition or words preceding the alphanumeric code reference;

 

“relevant service” means:

(a) eligible war service (other than operational service); or

(d)              defence service (other than hazardous service);

 

“rupture of the tympanic membrane” means a full-thickness injury to the tympanic membrane caused by:

(i)                surgical procedures,

(ii)              intrusion of a foreign body such as a weapon, implement, stick, bullet or shrapnel fragment into the tympanic cavity, or

(iii)           blast injury;


“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.

 

 

Dated this  Ninth  day of  January 2003

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

KEN DONALD

CHAIRMAN

 

Overview

The Veterans’ Entitlements Act 1986, enacted in 1986, was introduced to provide entitlements to veterans and members of the Australian Defence Force, including compensation and other benefits for injuries or diseases suffered or contracted in the course of their service. The Act was established to address the need for a comprehensive legal framework that acknowledges and supports the sacrifices made by veterans in the line of duty. The Repatriation Medical Authority, as the enacting body, determined the Statement of Principles concerning Otitis Media under the provisions of the Act, aiming to ensure that veterans receive appropriate recognition and support for conditions such as otitis media and related fatalities. This Statement of Principles, determined on 9 January 2003, clarifies that otitis media, defined as an inflammatory process within the middle ear, and deaths from otitis media are covered by the Act. The Repatriation Medical Authority established that it is more probable than not that otitis media and related deaths can be related to relevant service rendered by veterans or members of the Australian Defence Force. The Statement outlines specific factors that must exist for a connection to be made between otitis media or death from otitis media and the circumstances of a person’s relevant service, aiming to facilitate the provision of appropriate entitlements and support.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains to otitis media and death from otitis media, excluding cholesteatoma of the middle ear or isolated perforation of the tympanic membrane. This legislation applies to veterans or members of the Australian Defence Forces who may have contracted otitis media or died from it during or because of their relevant service. The Statement of Principles specifies that for a connection to be established between otitis media or death from otitis media and the person's service, at least one of the listed factors must be related to the service. These factors include viral upper respiratory tract infections, eustachian tube obstruction, malignant neoplasm of the nasopharynx, therapeutic radiation, tympanic membrane rupture, otitic barotrauma, tuberculosis, or failure to obtain appropriate clinical management. Notably, some of these factors apply only to cases where there is a material contribution or aggravation of otitis media that was suffered or contracted before or during service. Geographically, the application of this Statement of Principles is national, as it falls under the Commonwealth's jurisdiction as per the Veterans’ Entitlements Act 1986. The Statement of Principles incorporates any other relevant Statements of Principles if they pertain to injuries or diseases also involved. This determination is instrumental in guiding the assessment and recognition of service-related otitis media or death from otitis media, facilitating appropriate entitlements for affected veterans.

Key Provisions

The main operative sections of this legislation, particularly sections 2 and 5, define the scope and conditions under which otitis media and death from otitis media can be related to relevant service rendered by veterans or members of the Forces. Section 2(a) clarifies that this Statement of Principles pertains to otitis media and death from otitis media, specifying that "otitis media" refers to an inflammatory process within the middle ear, excluding certain conditions such as cholesteatoma of the middle ear or isolated perforation of the tympanic membrane. Section 5 enumerates the specific factors that must exist before it can be said that otitis media or death from otitis media is connected with the circumstances of a person's relevant service. These factors include suffering from a viral upper respiratory tract infection, obstruction of the eustachian tube, malignant neoplasm of the nasopharynx, therapeutic radiation, rupture of the tympanic membrane, otitic barotrauma, tuberculosis, or inability to obtain appropriate clinical management within specified timeframes. The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires that at least one of the factors outlined in section 5 must be related to any relevant service rendered by the person for a connection to be established. Secondly, it mandates that if a relevant factor includes an injury or disease for which there is a Statement of Principles, the factors in that Statement must apply as specified. Furthermore, the Act includes definitions for terms such as "relevant service," "rupture of the tympanic membrane," and "terminal event" to ensure clarity and consistency in application. These definitions are crucial in determining the scope and applicability of the legislation. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the authority of the Repatriation Medical Authority in determining these Statements of Principles implies a certain level of scrutiny and accountability. Any failure to adhere to the conditions or misrepresentation of facts could potentially lead to disputes or challenges in the adjudication of veterans' entitlements, although the Act does not specify maximum penalties for such breaches. It is also worth noting that any non-compliance with the provisions of the Veterans' Entitlements Act 1986 could result in legal consequences under the broader framework of the Act.

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