Statement of Principles concerning seborrhoeic dermatitis No. 13 of 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L00405

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Statement of Principles
concerning
 
SEBORRHOEIC DERMATITIS
No. 13 of 2013
 
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 seborrhoeic dermatitis No. 13 of 2013.
Determination
2.         The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 21 of 2005 concerning seborrhoeic dermatitis; and
(b)        determines in its place this Statement of Principles.
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about seborrhoeic dermatitis and death from seborrhoeic dermatitis.
(b)               For the purposes of this Statement of Principles, "seborrhoeic dermatitis" means an exfoliative, chronic dermatitis involving areas of increased sebaceous gland activity, characteristically affecting the scalp, face, ears or the flexural creases of the body.
(c)                Seborrhoeic dermatitis attracts ICD-10-AM code L21.0, L21.8 or L21.9.
(d)              In the application of this Statement of Principles, the definition of "seborrhoeic dermatitis" is that given at paragraph 3(b) above.
Basis for determining the factors
4.         The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that seborrhoeic dermatitis and death from seborrhoeic dermatitis can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting seborrhoeic dermatitis or death from seborrhoeic dermatitis with the circumstances of a person’s relevant service is:
(a)                being infected with human immunodeficiency virus at the time of the clinical onset of seborrhoeic dermatitis; or
(b)               having Parkinson’s disease or parkinsonism at the time of the clinical onset of seborrhoeic dermatitis; or
(c)                having:
(i)         a permanent physical disability, or
(ii)        a psychiatric disease from the specified list,
which limits the person’s ability to maintain personal hygiene of the affected area immediately before the clinical onset of seborrhoeic dermatitis; or
(d)               having received a solid organ transplant before the clinical onset of seborrhoeic dermatitis; or
(e)                being treated with erlotinib or interferon alpha at the time of the clinical onset of seborrhoeic dermatitis; or
(f)                being infected with human immunodeficiency virus at the time of the clinical worsening of seborrhoeic dermatitis; or
(g)               having Parkinson’s disease or parkinsonism at the time of the clinical worsening of seborrhoeic dermatitis; or
(h)               having:
(i)         a permanent physical disability, or
(ii)        a psychiatric disease from the specified list,
which limits the person’s ability to maintain personal hygiene of the affected area immediately before the clinical worsening of seborrhoeic dermatitis; or
(i)                 having received a solid organ transplant before the clinical worsening of seborrhoeic dermatitis; or
(j)                 being treated with erlotinib or interferon alpha at the time of the clinical worsening of seborrhoeic dermatitis; or
(k)               inability to obtain appropriate clinical management for seborrhoeic dermatitis.
Factors that apply only to material contribution or aggravation
7.         Paragraphs 6(f) to 6(k) apply only to material contribution to, or aggravation of, seborrhoeic dermatitis where the person’s seborrhoeic dermatitis 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:
"a psychiatric disease from the specified list" means:
(a)        alcohol dependence;
(b)               bipolar depressive disorder;
(c)                major depressive disorder;
(d)               panic disorder with agoraphobia; or
(e)                schizophrenia;
"death from seborrhoeic dermatitis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s seborrhoeic dermatitis;
"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), Seventh Edition, effective date of 1 July 2010, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 154 5;
"relevant service" means:
(a)                operational service under the VEA;
(b)                peacekeeping service under the VEA;
(c)                hazardous service under the VEA;
(d)               British nuclear test defence service under the VEA;
(e)                warlike service under the MRCA; or
(f)                 non-warlike 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 120A of the VEA or section 338 of the MRCA applies.
Date of effect
11.       This Instrument takes effect from 13 March 2013.
Dated this   fourth   day of   March   2013
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed to this instrument                        )
in the presence of:                               )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON