Instrument No.317 of 1995
Statement of Principles
concerning
SINUS BAROTRAUMA
ICD CODE: 993.1
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being of the view that on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that sinus barotrauma and death from sinus barotrauma can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, sinus barotrauma or death from sinus barotrauma is connected 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) or 70(5)(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 a framework for the assessment and payment of benefits and services to Australian war veterans and members of the Australian Defence Force (ADF). A key issue that arose was the need to clarify the circumstances under which certain medical conditions, specifically sinus barotrauma, could be linked to military service. To address this gap, the Repatriation Medical Authority issued a Statement of Principles in 1995 to provide guidance on the connection between sinus barotrauma and service rendered by veterans and ADF members. The policy objective was to ensure that veterans and ADF members receive appropriate recognition and support for service-related medical conditions, thereby fulfilling a moral and legal obligation to those who have served their country.
Scope and Application
The Statement of Principles issued under the Veterans' Entitlements Act 1986 establishes the criteria for determining the connection between sinus barotrauma or death from sinus barotrauma and war service or defence service. This legislative instrument applies to veterans and members of the Forces who may have experienced exposure to abrupt changes in barometric pressure or failure to obtain appropriate clinical management during their service. The determination is made by the Repatriation Medical Authority, which considers the medical-scientific evidence available. This Act pertains to eligible war service and defence service, excluding operational or hazardous service, and applies nationally across Australia, as it is a Commonwealth act. The determination hinges on the presence of specific factors related to the service and the onset or worsening of sinus barotrauma, which must be linked to the service through the stipulated relationships detailed in the Act. Exclusions and exemptions are not explicitly stated in this Statement of Principles, but it is implied that the connection must be more probable than not, and the service must meet the conditions outlined.
The jurisdictional reach of this Statement of Principles is governed by the Commonwealth, under the authority of the Veterans' Entitlements Act 1986. The Repatriation Medical Authority, in its capacity to determine the validity of claims related to service-connected sinus barotrauma, extends the application of this legislation through its assessments and decisions. Any subordinate instruments or regulations that further define the application or interpretation of this Statement of Principles would be issued under the authority of the Act, ensuring consistency and clarity in the adjudication process for veterans and members of the Forces seeking recognition and compensation for service-related sinus barotrauma.
Key Provisions
The Statement of Principles (No. 317 of 1995) under subsection 196B(3) of the Veterans’ Entitlements Act 1986 outlines specific factors that must be considered to establish a connection between sinus barotrauma and military service. These factors include exposure to an abrupt change in barometric pressure (such as during rapid ascent or descent in an aircraft or underwater diving) before the onset or worsening of sinus barotrauma, or the inability to obtain appropriate clinical management for the condition. At least one of these factors must relate to the service rendered by the veteran or member of the forces for a connection to be deemed probable (section 1 and 2).
These provisions impose obligations on veterans or service members to provide evidence of exposure to the specified conditions or lack of clinical management during their service, which must be related to their sinus barotrauma (section 3). The statement also clarifies definitions used within the document, such as "abrupt change in the barometric pressure," "ICD code," and "sinus barotrauma," ensuring there is a clear understanding of terms for both claimants and the Repatriation Medical Authority (section 4).
Breach of the requirements or providing false information in claims related to these provisions may result in legal consequences. While the specific penalties are not detailed in this Statement of Principles, under the Veterans’ Entitlements Act 1986, making false statements can be considered an offence leading to criminal penalties. The Act also allows for civil consequences, such as the recovery of any benefits improperly received, and administrative actions taken by the relevant authorities (sections not explicitly detailed in this Statement of Principles but implied under the overarching Act).