Statement of Principles concerning tinea of the skin No. 14 of 2004

Administered by Department of Veterans' Affairs

Legislation au F2005B02397 Not in force Legislative Instrument

Legislation content

Instrument No. 14 of 2004

 

Revocation

of

Statement of Principles

concerning

 

TINEA

 

and

 

Determination

of

Statement of Principles

concerning

 

TINEA OF THE SKIN

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.28 of 1994, as amended by Instrument No. 185 of 1995 and Instrument No. 8 of 2002; and

 

(b) determines in their place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about tinea of the skin and death from tinea of the skin.

(b)              For the purposes of this Statement of Principles, “tinea of the skin” is a fungal infection of the skin caused by dermatophytes resulting in clinical lesions.  This definition excludes tinea unguium.

(c)               Tinea of the skin attracts ICD-10-AM code B35.0, B35.2, B35.3, B35.4, B35.5, B35.6, B35.8, or B35.9.

(d)              In the application of this Statement of Principles, the definition of “tinea of the skin” is that given at paragraph 2(b) above.

 

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 tinea of the skin and death from tinea of the skin 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 factor that must exist before it can be said that, on the balance of probabilities, tinea of the skin or death from tinea of the skin is connected with the circumstances of a person’s relevant service is:

 

(a)               having skin maceration at the affected site within the 14 days before the clinical onset of tinea of the skin; or

 

(b)              having diabetes mellitus at the time of the clinical onset of tinea of the skin; or

 

(c)               being in an immunocompromised state at the time of the clinical onset of tinea of the skin; or

 

(d)              for tinea pedis only, having chronic ischaemia of the affected lower limb from:

(i)                peripheral vascular disease; or

(ii)              chronic venous insufficiency

at the time of the clinical onset of tinea of the skin; or

 

(e)               having skin maceration at the affected site within the 14 days before the clinical worsening of tinea of the skin; or

 

(f)                having diabetes mellitus at the time of the clinical worsening of tinea of the skin; or

 

(g)              being in an immunocompromised state at the time of the clinical worsening of tinea of the skin; or

 

(h)              for tinea pedis only, having chronic ischaemia of the affected lower limb from:

(i)                peripheral vascular disease; or

(ii)              chronic venous insufficiency

at the time of the clinical worsening of tinea of the skin; or

 

(i)                inability to obtain appropriate clinical management for tinea of the skin.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(e) to 5(i) apply only to material contribution to, or aggravation of, tinea of the skin where the person’s tinea of the skin 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.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8.                  For the purposes of this Statement of Principles:

 

“death from tinea of the skin” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s tinea of the skin;

 

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Third Edition, effective date of 1 July 2002, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 413 9;

 

“immunocompromised state” means a state where the immune response has been attenuated by administration of immunosuppressive drugs, irradiation, malnutrition, a malignant disease process or certain types of infection;

 

“relevant service” means:

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

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

 

“skin maceration” means the softening of the skin by moisture;

 

“terminal event” means the proximate or ultimate cause of death and includes:

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(e)              cessation of brain function;

 

“tinea pedis” means tinea of the foot, also called athlete’s foot.

 

Application

9. This Instrument applies to all matters to which section 120B of the Act applies.

 

 

Dated this 24th  day of  May 2004

 

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, enacted by the Commonwealth Parliament, addresses the rights and entitlements of Australian veterans, service personnel, and their families. Specifically, it was introduced to establish a framework for the assessment and payment of benefits and pensions to those who have served in the Australian Defence Force. In 2004, the Repatriation Medical Authority, under subsection 196B(3) of the Act, issued a legislative instrument that revoked previous statements of principles concerning tinea of the skin and its relation to service, replacing them with updated provisions. The policy objective of this update was to ensure that veterans who have contracted tinea of the skin, a fungal infection of the skin, and those who have died from the condition, can be properly assessed for potential service-related factors, thereby facilitating their eligibility for relevant benefits. This revision aimed to reflect the most current medical-scientific evidence and to accurately reflect the conditions and circumstances under which tinea of the skin can be related to relevant service.

Scope and Application

The Repatriation Medical Authority, under the authority of the Veterans’ Entitlements Act 1986, has revoked previous instruments related to the Statement of Principles concerning tinea of the skin and death from tinea of the skin, replacing them with a new Statement of Principles. This new statement pertains specifically to tinea of the skin, a fungal infection of the skin caused by dermatophytes, which results in clinical lesions. The definition of "tinea of the skin" explicitly excludes tinea unguium, and the relevant ICD-10-AM codes are specified. The application of these principles is confined to matters governed by section 120B of the Veterans’ Entitlements Act 1986, ensuring that the criteria and factors for establishing a connection between tinea of the skin, death from tinea of the skin, and relevant service are clearly defined and applicable within the scope of the Act. This legislative instrument outlines the specific conditions and factors, such as skin maceration, diabetes mellitus, immunocompromised states, and chronic ischaemia, that must be considered in relation to the service of veterans or members of the Forces. The factors are categorised to determine whether they are related to the initial onset or worsening of tinea of the skin and whether they apply only to material contribution or aggravation. The application of this Statement of Principles is further clarified by defining relevant terms such as "relevant service," "terminal event," and "immunocompromised state," ensuring that the legislative instrument provides a comprehensive framework for assessing the connection between tinea of the skin, death from tinea of the skin, and service in the context of veterans' entitlements.

Key Provisions

The legislative instrument in question primarily revolves around the revocation of an existing Statement of Principles concerning tinea of the skin and the determination of a new Statement of Principles (sections 1 and 2). The Repatriation Medical Authority, under the authority granted by section 196B(3) of the Veterans’ Entitlements Act 1986, revokes the previous instrument (Instrument No. 28 of 1994) as amended, and introduces a new Statement of Principles pertaining to tinea of the skin and death from tinea of the skin. This new Statement of Principles outlines the specific circumstances under which tinea of the skin and related deaths can be considered connected to the service of veterans or members of the Australian Defence Force. Under the new provisions, several obligations and requirements are established for veterans or members of the Defence Force who may be seeking benefits related to tinea of the skin. To establish a connection between the service and the tinea of the skin or death from it, at least one of the specified factors must be related to the service rendered (section 4). These factors include conditions such as skin maceration, diabetes mellitus, immunocompromised states, and specific vascular conditions relevant to tinea pedis, among others (section 5). The instrument also outlines the application of this Statement of Principles to cases where there is a material contribution to, or aggravation of, tinea of the skin (section 6). Failure to comply with the requirements set forth in the new Statement of Principles could potentially lead to adverse legal consequences. While the specific penalties are not detailed in the instrument, breaches of the Veterans’ Entitlements Act 1986 generally may result in civil or criminal penalties, depending on the nature and severity of the breach. Under Australian law, penalties for breaches can include fines, imprisonment, or both, with the exact penalties varying based on the specific provisions of the Act and the circumstances of the offence. It is important for legal practitioners to be aware of these potential consequences when advising clients on matters related to the new Statement of Principles.

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