Instrument No.316 of 1995
Statement of Principles
concerning
SINUS BAROTRAUMA
ICD CODE: 993.1
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that sinus barotrauma and death from sinus barotrauma can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping Forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting sinus barotrauma or death from sinus barotrauma with the circumstances of that service, are:
(a) being exposed to an abrupt change in the barometric pressure surrounding the person immediately before the clinical onset of sinus barotrauma; or
(b) being exposed to an abrupt change in the barometric pressure surrounding the person immediately before the clinical worsening of sinus barotrauma; or
(c) inability to obtain appropriate clinical management for the sinus barotrauma.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(c) must be related to any service rendered by a person.
3. The factors set out in paragraphs 1(b) to 1(c) apply only where:
(a) the person's sinus barotrauma was suffered before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the sinus barotrauma and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act.
4. For the purposes of this Statement of Principles:
“being exposed to an abrupt change in the barometric pressure” means directly experiencing a sudden rise or fall in atmospheric pressure surrounding the person, such as that which occurs during rapid altitude changes while ascending or descending in an aircraft or whilst underwater diving;
“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 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;
“sinus barotrauma” (also known as aerosinusitis or barosinusitis) means fluid accumulation and inflammation of the mucosa of one or more paranasal sinuses due to an inability to equilibrate the difference in pressure between the surrounding atmosphere and the air within the sinus cavity, causing clinical symptoms of sinus pain, sinus haemorrhage or x-ray changes to the sinus cavity, attracting ICD code 993.1.
Dated this Twenty-ninth day of August 1995
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 was enacted to provide entitlements to veterans, their families, and dependants who have served in the Australian Defence Force. This legislation aims to address the various needs and challenges faced by veterans post-service, including medical and financial support. The Act encompasses a broad range of provisions to ensure that veterans are appropriately compensated for injuries and illnesses sustained during their service. The Statement of Principles concerning Sinus Barotrauma, issued in 1995 by the Repatriation Medical Authority, was developed to provide clarity and guidance on the conditions under which sinus barotrauma may be considered related to service, thereby facilitating the claims process for affected veterans. The policy objective is to ensure that veterans receive the necessary recognition and support for injuries that can be linked to their service, particularly those related to abrupt changes in barometric pressure or inadequate clinical management during service.
Scope and Application
The Veterans’ Entitlements Act 1986, through its legislative instrument No. 316 of 1995, specifically addresses the recognition of sinus barotrauma as a condition potentially linked to operational service, peacekeeping service, and hazardous service rendered by veterans, members of Peacekeeping Forces, and members of the Forces. This Act applies to veterans and service personnel who have experienced sinus barotrauma, requiring a reasonable hypothesis that the condition is related to their service. This involves exposure to abrupt changes in barometric pressure or failure to obtain appropriate clinical management, provided the condition manifests or worsens in connection with the service. The Act’s jurisdictional reach is federal, governing across Australia and applying to all veterans and relevant service personnel within its scope. The legislation does not specify exclusions or exemptions but mandates that the service-related factors align with certain defined relationships under the Act. Additionally, the Act may extend its application through subordinate instruments, which could provide further clarifications or adjustments to the criteria and conditions outlined in this legislative instrument.
Key Provisions
The Statement of Principles under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act) sets out specific conditions that must be met to establish a link between sinus barotrauma or death from sinus barotrauma and service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. According to these provisions, the critical factors include exposure to an abrupt change in barometric pressure immediately before the clinical onset or worsening of sinus barotrauma, or the inability to obtain appropriate clinical management for the condition. At least one of these factors must be related to the service rendered by the individual. Furthermore, the factors related to clinical worsening or lack of appropriate management apply only if the sinus barotrauma occurred before the relevant period of service, and if the service is connected to specific categories outlined in the Act.
The obligations imposed by the Act on the parties involved are primarily concerned with the medical and service history of the veterans, Peacekeeping Forces members, or military personnel. They must provide evidence that they were exposed to abrupt barometric pressure changes or faced difficulties in obtaining appropriate clinical management for sinus barotrauma, and that these factors were related to their service. Additionally, the service must meet the specific criteria mentioned in the Act, such as operational, peacekeeping, or hazardous service. The onus is on the claimant to present sufficient evidence to satisfy the Repatriation Medical Authority that the conditions stipulated in the Statement of Principles have been met.
Breaching the conditions or failing to provide the necessary evidence as required by the Statement of Principles can have legal consequences. While the Statement of Principles itself does not explicitly outline penalties for non-compliance, the Act under which it operates may impose civil or criminal penalties for misrepresentation or fraud in the context of veterans’ entitlements. For instance, providing false information or documents with the intent to deceive could result in criminal charges, with potential penalties including fines and imprisonment. In civil terms, failure to provide adequate evidence or misleading statements could lead to the denial of benefits or claims under the Act.