REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 109 of 2011
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 64 of 1997, determined under subsection 196B(3) of the VEA concerning photocontact dermatitis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that photocontact dermatitis and death from photocontact dermatitis can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles, Instrument No. 109 of 2011 concerning photocontact dermatitis. This Instrument will in effect replace the revoked Statement of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
4. The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:
eligible war service (other than operational service) under the VEA;
defence service (other than hazardous service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, photocontact dermatitis or death from photocontact dermatitis is connected with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning photocontact dermatitis in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The contents of this Instrument are in similar terms as the revoked Instrument. Comparing this Instrument and the revoked Instrument, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of 'photocontact dermatitis' in clause 3;
- revising factors 6(a) & 6(d) concerning 'exposure of the affected area of skin to a phototoxic agent and light simultaneously';
- revising factor 6(b) & 6(e) concerning 'exposure of the affected area of skin to a photoallergen and light simultaneously';
- new factor 6(c) concerning 'exposure to the photoallergen responsible for the photocontact dermatitis and to light' for allergic photocontact dermatitis only;
- new definitions of 'death from photocontact dermatitis', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising definition of 'relevant service' in clause 9;
- deleting definitions of 'ICD code', 'photoallergic contact dermatitis' and 'phototoxic contact dermatitis'; and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to photocontact dermatitis in the Government Notices Gazette of 25 June 2008, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. No submissions were received for consideration by the Authority during the investigation.
9. The determining of this Instrument finalises the investigation in relation to photocontact dermatitis as advertised in the Government Notices Gazette of 25 June 2008.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 109 of 2011, which amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address the issue of claims related to photocontact dermatitis, a skin condition that can be exacerbated by exposure to light and certain chemicals. This legislation was enacted to provide updated medical-scientific evidence and criteria for determining whether photocontact dermatitis or death from the condition can be related to specific kinds of military service. The Authority, established under the Veterans’ Entitlements Act, determined this Statement of Principles to replace the previously revoked Instrument No. 64 of 1997. The policy objective of this Instrument is to ensure that claims for compensation concerning photocontact dermatitis are assessed based on the latest medical-scientific evidence, facilitating accurate and fair determinations for affected veterans and their dependants.
Scope and Application
The Repatriation Medical Authority Instrument No. 109 of 2011 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) establishes a Statement of Principles concerning photocontact dermatitis, replacing the previously revoked Instrument No. 64 of 1997. This Instrument applies to claims for compensation for service-related photocontact dermatitis and death from photocontact dermatitis, which must be connected to particular kinds of service, such as eligible war service, defence service, and peacetime service, as defined under the VEA and MRCA. The Instrument's geographic and jurisdictional reach is within the Commonwealth of Australia, applying to veterans and service personnel who have rendered eligible service and who may have contracted photocontact dermatitis. The Authority's determination of this Instrument finalises the investigation into the condition as advertised in the Government Notices Gazette of 25 June 2008, and it supersedes previous definitions and factors related to photocontact dermatitis. The Authority has also updated the Instrument's format to reflect the MRCA's commencement and to clarify that the Statement of Principles applies for the purposes of both the VEA and the MRCA.
Key Provisions
The Repatriation Medical Authority (the Authority) under the Veterans’ Entitlements Act 1986 (VEA) has revoked Instrument No. 64 of 1997 concerning photocontact dermatitis, and determined a new Statement of Principles, Instrument No. 109 of 2011, as it is more probable than not that photocontact dermatitis and death from photocontact dermatitis can be related to particular kinds of service (sections 2 and 3). The Statement of Principles outlines the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, before it can be said that, on the balance of probabilities, photocontact dermatitis or death from photocontact dermatitis is connected with the circumstances of that service (section 4). This Instrument was determined following an investigation into photocontact dermatitis, which involved an examination of the sound medical-scientific evidence available to the Authority (section 5). The Instrument replaces the revoked Instrument, with changes including adopting the latest revised Instrument format, revising definitions and factors, and specifying a date of effect (section 6).
The Statement of Principles imposes obligations on parties or entities it governs, such as requiring that the factors outlined in the Instrument be considered when determining claims for compensation under the VEA and Military Rehabilitation and Compensation Act 2004 (MRCA) (section 3). The Authority must determine the Statement of Principles for the purposes of both the VEA and MRCA, clarifying the scope of its application (section 7). Prior to determining the Instrument, the Authority advertised its intention to undertake an investigation in relation to photocontact dermatitis and invited submissions from relevant organisations and persons, although no submissions were received (sections 8 and 9).
Any breaches of the provisions of the VEA, MRCA, or the Statement of Principles may result in civil or criminal consequences, depending on the nature of the breach. For example, knowingly providing false or misleading information in a claim for compensation may be considered an offence under section 238 of the VEA, with penalties including fines or imprisonment (section 196D of the VEA). The maximum penalties for offences under the VEA and MRCA vary depending on the specific offence and the jurisdiction in which it is committed. It is important to note that the consequences of a breach will depend on the specific circumstances of the case and the relevant legislation.