Statement of Principles concerning sensorineural hearing loss No. 6 of 2011

Administered by Department of Veterans' Affairs

Legislation au F2010L03254 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 6 of 2011

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 30 of 2001, determined under subsection 196B(3) of the VEA concerning sensorineural hearing loss.

 

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that sensorineural hearing loss and death from sensorineural hearing loss 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. 6 of 2011 concerning sensorineural hearing loss.  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, sensorineural hearing loss or death from sensorineural hearing loss 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 sensorineural hearing loss 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 'sensorineural hearing loss' in clause 3;
  • revising factors 6(a) & 6(bb) concerning 'peak sound pressure level at the tympanic membrane';
  • revising factors 6(b) & 6(cc) concerning 'sound pressure level at the tympanic membrane as an 8-hour time-weighted average';
  • revising factors 6(c) & 6(dd) concerning 'otitic barotrauma or decompression sickness';
  • revising factors 6(d) & 6(ee) concerning 'a course of treatment with a drug or a drug from a class of drugs';
  • revising factors 6(e) & 6(ff) concerning 'a specified ototopical medication';
  • new factors 6(f) & 6(gg) concerning 'taking aspirin, paracetamol or a nonsteroidal anti-inflammatory drug';
  • revising factors 6(g) & 6(hh) concerning 'suppurative labyrinthitis';
  • revising factors 6(h) & 6(ii) concerning 'chronic suppurative otitis media';
  • revising factors 6(i) & 6(jj) concerning 'acute viral infection';
  • revising factors 6(j) & 6(kk) concerning 'meningitis';
  • revising factors 6(k) & 6(ll) concerning 'neurosyphilis';
  • revising factors 6(l) & 6(mm) concerning 'tuberculosis';
  • revising factors 6(m) & 6(nn) concerning 'leprosy';
  • revising factors 6(n) & 6(oo) concerning 'Meniere's disease';
  • revising factors 6(o) & 6(pp) concerning 'Paget's disease of bone';
  • revising factors 6(p) & 6(qq) concerning 'a specified autoimmune disorder';
  • new factors 6(q) & 6(rr) concerning 'multiple sclerosis';
  • new factors 6(r) & 6(ss) concerning 'diabetes mellitus';
  • revising factors 6(s) & 6(tt) concerning 'a hyperviscosity syndrome';
  • revising factors 6(t) & 6(uu) concerning 'a lesion interrupting the supply of blood to the cochlea';
  • revising factors 6(u) & 6(vv) concerning 'structural injury or physiological disruption to the inner ear or the auditory nerve';
  • revising factors 6(v) & 6(ww) concerning 'a neoplasm that involves the auditory nerve';
  • new factors 6(x) & 6(yy) concerning 'inhaling, ingesting or having cutaneous contact with a specified organic solvent';
  • new factors 6(y) & 6(zz) concerning 'inhaling, ingesting or having cutaneous contact with lead or emissions containing lead';
  • new factors 6(z) & 6(aaa) concerning 'smoking cigarettes or the equivalent thereof in other tobacco products';
  • new factors 6(aa) & 6(bbb) concerning 'being vaccinated with the measles-mumps vaccine';
  • new definitions of 'a drug or a drug from a class of drugs from the specified list', 'a hyperviscosity syndrome', 'a specified autoimmune disorder', 'a specified ototopical medication', 'a specified organic solvent', 'antineoplastic agents as specified', 'dB(A)', 'dB(C)', 'meningitis', 'neurosyphilis' and 'pack-years of cigarettes, or the equivalent thereof in other tobacco products' in clause 9;
  • revising definitions of 'chronic suppurative otitis media', 'relevant service' and 'specified list of viruses' in clause 9;
  • deleting definitions of 'adequate ear protection', 'an ototoxic drug from the specified list', 'bacterial meningitis', 'hyperviscosity syndrome', 'ICD-10-AM code', 'impulsive noise', 'Meniere's disease', 'neoplasm affecting the auditory apparatus', 'Paget's disease of the skull', 'perilymph fistula', 'systemic immune mediated disorder' and 'tuberculosis involving the temporal bone'; 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 sensorineural hearing loss 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.  One submission was received for consideration by the Authority during the investigation.

 

9.             The determining of this Instrument finalises the investigation in relation to sensorineural hearing loss 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. 6 of 2011, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the gap in the understanding and recognition of the connection between sensorineural hearing loss and specific types of military service. This instrument revokes the previous Instrument No. 30 of 2001 and introduces updated principles based on current medical-scientific evidence. The Authority, under subsection 196B(8) of the VEA, determined this new Statement of Principles to clarify the circumstances under which sensorineural hearing loss can be related to service. This legislative instrument aims to ensure that veterans and service personnel who have experienced sensorineural hearing loss, or death from such a condition, receive appropriate recognition and compensation. The Authority's determination reflects an investigation that involved examining available medical evidence and soliciting submissions from relevant stakeholders.

Scope and Application

The Repatriation Medical Authority Instrument No. 6 of 2011 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes a Statement of Principles concerning sensorineural hearing loss. This Instrument applies to individuals who have rendered eligible war service, defence service, or peacetime service, as defined under the respective Acts. It is designed to determine whether sensorineural hearing loss or death from such loss is connected to the circumstances of the service rendered by these individuals. The geographic and jurisdictional reach of this Instrument is national, as it pertains to the application of the Acts across Australia. The Instrument supersedes the previously revoked Instrument No. 30 of 2001 and includes a range of revisions to factors and definitions to reflect the latest medical-scientific evidence. The Authority has also undertaken an investigation, inviting submissions from relevant stakeholders, to inform the creation of this Instrument. The Instrument is effective as of a specified date and is applicable for determining claims for compensation under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act.

Key Provisions

The main operative sections of this legislation include the determination of a new Statement of Principles (Instrument No. 6 of 2011) concerning sensorineural hearing loss by the Repatriation Medical Authority (the Authority) under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This new Statement of Principles replaces the previously revoked Instrument No. 30 of 2001, and it details the factors that must exist and be related to specific types of service before it can be said that sensorineural hearing loss or death from sensorineural hearing loss is connected with the circumstances of that service. This determination follows an investigation by the Authority into sensorineural hearing loss, which was notified in the Government Notices Gazette of 25 June 2008. The new Instrument also aligns with the Military Rehabilitation and Compensation Act 2004 (MRCA), clarifying that the Statement of Principles applies for the purposes of both the VEA and the MRCA. The obligations and requirements imposed by this legislation are primarily on the Repatriation Medical Authority, which must determine the Statement of Principles based on sound medical-scientific evidence. The Authority is responsible for advertising its intention to investigate and for inviting submissions from relevant organisations and individuals. For claimants, the requirements include providing evidence that aligns with the factors outlined in the new Statement of Principles to substantiate a claim for compensation related to sensorineural hearing loss. The Authority must also ensure that the new Instrument is circulated to relevant organisations and that the investigation process is transparent and inclusive. The legislation also outlines potential consequences for non-compliance or fraudulent claims. Although specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, it is reasonable to infer that the general provisions under the VEA and MRCA concerning compensation claims apply. Typically, this would include the potential for penalties for making false statements or providing false documentation, which could result in civil or criminal charges. The penalties for such offences can vary, but they may include fines and, in severe cases, imprisonment. The exact penalties would be determined by the courts based on the severity and circumstances of the breach.

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