Statement of Principles concerning photocontact dermatitis No. 64 of 1997

Administered by Department of Veterans' Affairs

Legislation au F2008B00589 Not in force Legislative Instrument

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Instrument No.64 of 1997

 

Determination

of

Statement of Principles

concerning

PHOTOCONTACT DERMATITIS

ICD CODE:692.72

 

 

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 photocontact dermatitis  and death from photocontact dermatitis.

 

(b) For the purposes of this Statement of Principles, “photocontact dermatitis” means phototoxic contact dermatitis or photoallergic contact dermatitis, which describe inflammation of an area of the skin due to a particular substance coming in contact with that part of the skin whilst that same part of skin is exposed to light, attracting an ICD code of 692.72.  This definition excludes photocontact-type dermatitis due to ingesting a substance and exposing the affected skin to light.

 

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 photocontact dermatitis and death from photocontact dermatitis 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, photocontact dermatitis or death from photocontact dermatitis is connected with the circumstances of a person’s relevant service are:

 

(a) exposure of the affected area of skin to a phototoxic agent and light simultaneously within the six hours immediately before the clinical onset of photocontact dermatitis; or

 

(b) exposure of the affected area of skin to a photoallergen and light simultaneously within the 5 days immediately before the clinical onset of photocontact dermatitis; or

 

(c) suffering exposure of the affected area of skin to a phototoxic agent and light simultaneously within the six hours immediately before the clinical worsening of photocontact dermatitis; or

 

(d) exposure of the affected area of skin to a photoallergen and light simultaneously within the 5 days immediately before the clinical worsening of photocontact dermatitis; or

 

(e) inability to obtain appropriate clinical management for photocontact  dermatitis.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(c) to 5(e) apply only to material contribution to, or aggravation of, photocontact  dermatitis where the person’s photocontact  dermatitis 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.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

“photoallergen” means a topical substance which, when applied to an area of skin which is simultaneously exposed to light, is capable of producing an immune response resulting in photoallergic contact dermatitis;

 

“photoallergic contact dermatitis” means a type of contact dermatitis which develops on an area of the skin which has been simultaneously exposed to a photoallergen and light;

 

“phototoxic agent” means a topical agent or substance, for example a chemical, which, when applied to an area of skin which is simultaneously exposed to light, causes dermatitis which is referred to as phototoxic contact dermatitis.  It does not include physical agents such as heat, cold solar radiation or other forms of radiation;

 

“phototoxic contact dermatitis” means a type of contact dermatitis which develops on an area of the skin which has been simultaneously exposed to a phototoxic agent and light;

 

“relevant service” means:

 

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

(b) defence service (other than hazardous service).

 

 

Dated this Ninth day of  September 1997

 

 

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 is a piece of legislation enacted by the Commonwealth Parliament to provide a framework for the provision of various benefits and services to Australian Defence Force (ADF) veterans, their families, and dependants. This Act was introduced to address the need for a comprehensive system to support veterans and their loved ones in the aftermath of their service. The Repatriation Medical Authority, under subsection 196B(3) of the Act, determined a Statement of Principles concerning photocontact dermatitis for veterans in 1997. This Statement of Principles was created to clarify the circumstances under which veterans may be eligible for benefits related to photocontact dermatitis, a skin condition resulting from exposure to certain substances and light. The policy objective behind this determination is to ensure that veterans who suffer from photocontact dermatitis, and in some cases death from the condition, receive the appropriate recognition and support for their service-related injuries.

Scope and Application

The Statement of Principles under the Veterans' Entitlements Act 1986 pertains to veterans or members of the Australian Defence Force who have contracted photocontact dermatitis or died from the condition as a result of their service. This Statement, determined by the Repatriation Medical Authority, specifies the criteria for linking photocontact dermatitis to relevant service, which includes exposure to a phototoxic agent or photoallergen in conjunction with light exposure, and failure to obtain appropriate clinical management. Photocontact dermatitis is defined as either phototoxic contact dermatitis or photoallergic contact dermatitis, which are types of skin inflammation caused by substances coming into contact with the skin while it is exposed to light. This definition excludes cases where the dermatitis results from ingesting a substance. The Statement applies to individuals whose dermatitis was contracted or worsened during their service, or where their pre-existing dermatitis was materially contributed to or aggravated by their service. The legislation applies nationally within the Commonwealth of Australia, encompassing all veterans and members of the Defence Force, subject to the specific conditions and definitions outlined in the Statement of Principles.

Key Provisions

The Statement of Principles (SoP) concerning photocontact dermatitis, established under the Veterans’ Entitlements Act 1986 (section 196B(3)), focuses on photocontact dermatitis and death from photocontact dermatitis (section 2(a)). It defines photocontact dermatitis as phototoxic contact dermatitis or photoallergic contact dermatitis, which is skin inflammation caused by a substance coming into contact with the skin while it is exposed to light, with an ICD code of 692.72 (section 2(b)). This definition excludes cases where dermatitis results from ingesting a substance and exposing the skin to light. The SoP outlines that photocontact dermatitis and death from photocontact dermatitis are more likely than not to be related to relevant service rendered by veterans or members of the Forces, based on available medical-scientific evidence (section 3). For a connection to be made between photocontact dermatitis and a person’s service, at least one of the specified factors must be related to that service (section 4). These factors include exposure to a phototoxic agent and light within six hours before the onset of dermatitis, exposure to a photoallergen and light within five days before the onset, exposure within the same time frames before the worsening of dermatitis, and inability to obtain appropriate clinical management for photocontact dermatitis (section 5). Paragraphs 5(c) to 5(e) apply only to material contribution to, or aggravation of, photocontact dermatitis if it was suffered or contracted before or during the person’s service, but not arising out of the service (section 6). The Statement of Principles does not explicitly mention any offences, penalties, or consequences for breach. However, the Veterans' Entitlements Act 1986, under which this SoP is determined, includes provisions for penalties and enforcement mechanisms that may apply to breaches of related legislative requirements. For instance, general penalties for fraudulent claims or misrepresentation under the Act can include fines and imprisonment, though specific penalties for non-compliance with this SoP are not detailed within the SoP itself.

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