Statement of Principles concerning photocontact dermatitis No. 63 of 1997

Overview

The Veterans’ Entitlements Act 1986, enacted to address the needs of veterans and their families, particularly in relation to health conditions resulting from their service, includes a Statement of Principles concerning photocontact dermatitis. This determination was made by the Repatriation Medical Authority in 1997 under the Act's provisions. The primary objective of this Statement of Principles is to establish the necessary criteria linking photocontact dermatitis and related deaths to the relevant service of veterans, members of Peacekeeping Forces, and members of the Forces. This legislative instrument aims to ensure that those affected by photocontact dermatitis, whether contracted or worsened during their service, can obtain appropriate recognition and support for their conditions. The Repatriation Medical Authority has provided clear definitions and criteria to establish a reasonable hypothesis connecting photocontact dermatitis to service, ensuring that those affected can access the benefits and support they need.

Scope and Application

This legislative instrument determines a Statement of Principles concerning photocontact dermatitis for the purposes of the Veterans’ Entitlements Act 1986. This Statement applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who suffer from photocontact dermatitis or death from photocontact dermatitis. The conditions outlined in this Statement of Principles are specifically related to the exposure of the skin to a phototoxic agent or photoallergen in conjunction with light, leading to dermatitis, and exclude cases where dermatitis results from ingesting a substance. The geographic reach of this Act is national, applying to veterans and members of the Australian Defence Force across Australia. The determination does not extend to cases where dermatitis is due to physical agents such as heat or radiation. The legislation sets forth specific factors that must be related to the person's service to establish a connection between their condition and their service, including exposure to certain agents and light within specified time frames. The application of these factors is further clarified by exclusions and conditions regarding material contribution or aggravation of pre-existing conditions. This determination is made under the authority of the Repatriation Medical Authority, ensuring that the evidence for the link between the service and the condition is medically and scientifically sound.

Key Provisions

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 (section 196B(2)), concerns photocontact dermatitis and death resulting from photocontact dermatitis, both of which are assigned an ICD code of 692.72. This definition specifically excludes dermatitis resulting from ingesting a substance and subsequent exposure to light. The Authority holds the view that there is substantial medical-scientific evidence indicating a connection between photocontact dermatitis and relevant military service, including service in Peacekeeping Forces and the Armed Forces. In order to establish a link between photocontact dermatitis or death from this condition and a person's relevant service, at least one of the specified factors must be related to that service. The factors that must exist for a reasonable hypothesis to be raised include exposure of the affected skin area to a phototoxic agent or photoallergen and light simultaneously within specific time frames before the onset or worsening of the condition, or the inability to obtain appropriate clinical management for the dermatitis. Certain factors apply only to cases where the photocontact dermatitis was materially contributed to or aggravated by service, provided it was not arising out of the service. The legislation imposes obligations on veterans, members of Peacekeeping Forces, and members of the Armed Forces to provide evidence that their photocontact dermatitis or death from this condition is related to their service. This includes demonstrating that the required factors were met, such as exposure to a phototoxic agent or photoallergen under specific conditions. The Authority must also determine whether the condition is connected to the service, based on the evidence provided. Additionally, the legislation defines key terms such as "ICD code," "photoallergen," "photoallergic contact dermatitis," "phototoxic agent," and "phototoxic contact dermatitis," as well as "relevant service." The Statement of Principles does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the implications of non-compliance or failure to provide adequate evidence could result in the denial of veterans' entitlements related to photocontact dermatitis or death from this condition. The Repatriation Medical Authority has the authority to investigate and assess claims, and the outcome of these assessments can significantly impact the eligibility of veterans and their families for compensation and other benefits under the Veterans' Entitlements Act 1986.