Statement of Principles concerning allergic rhinitis No. 23 of 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00300

 
Statement of Principles
concerning
 
ALLERGIC RHINITIS
No. 23 of 2014
 
for the purposes of the
 
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
1.         This Instrument may be cited as Statement of Principles concerning allergic rhinitis No. 23 of 2014.
Determination
2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 4 of 2003 concerning allergic rhinitis; and
(b)        determines in its place this Statement of Principles.
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about allergic rhinitis and death from allergic rhinitis.
(b)        For the purposes of this Statement of Principles, "allergic rhinitis" means inflammation of the mucous membranes of the nasal passages occurring after allergen exposure and mediated by an Immunoglobulin E (IgE) allergic response.
(c)        Allergic rhinitis attracts ICD-10-AM code J30.1, J30.2, J30.3 or J30.4.
(d)       In the application of this Statement of Principles, the definition of "allergic rhinitis" is that given at paragraph 3(b) above.
Basis for determining the factors
4.         On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that allergic rhinitis and death from allergic rhinitis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).
Factors that must be related to service
5.         Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
Factors
6.         The factor that must exist before it can be said that, on the balance of probabilities, allergic rhinitis or death from allergic rhinitis is connected with the circumstances of a person’s relevant service is:
(a)               being exposed to an allergenic stimulus within the 24 hours before the clinical onset of allergic rhinitis; or
(b)               being exposed to an allergenic stimulus within the 24 hours before the clinical worsening of allergic rhinitis; or
(c)                inability to obtain appropriate clinical management for allergic rhinitis.
Factors that apply only to material contribution or aggravation
7.         Paragraphs 6(b) to 6(c) apply only to material contribution to, or aggravation of, allergic rhinitis where the person’s allergic rhinitis was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
8.                  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 as in force from time to time.
Other definitions
9.                  For the purposes of this Statement of Principles:
"an allergenic stimulus" means an exogenous substance which is an antigen capable of stimulating a type-I hypersensitivity reaction in atopic individuals through IgE responses, and is associated with:
(a)                onset of allergic rhinitis symptoms; and
(b)               a positive skin prick test with a wheal diameter of at least three millimetres within 20 minutes of exposure to the allergen; or
(c)                a positive radioallergosorbent test (RAST) of ≥0.35 kU/l to the allergen; or
(d)               a controlled allergen provocation/challenge test identifying the allergen;
"death from allergic rhinitis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s allergic rhinitis;
"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), Eighth Edition, effective date of 1 July 2013, copyrighted by the Independent Hospital Pricing Authority, and having ISBN 978-1-74128-213-9;
"relevant service" means:
(a)        eligible war service (other than operational service) under the VEA;
(b)        defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c)        peacetime service under the MRCA;
"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.
Application
10.       This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
Date of effect
11.       This Instrument takes effect from 26 March 2014.
Dated this   fourteenth   day of   March   2014
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed to this instrument                        )
in the presence of:                               )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON
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