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Statement of Principles concerning pilonidal sinus No. 72 of 2010

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Statement of Principles
concerning
 
PILONIDAL SINUS
No. 72 of 2010
 
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 pilonidal sinus No. 72 of 2010.
 
Determination
2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)       revokes Instrument No. 177 of 1995, as amended by Instrument No. 313 of 1995, concerning pilonidal sinus; and
(b)       determines in their place this Statement of Principles.
 
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about pilonidal sinus and death from pilonidal sinus.
(b)              For the purposes of this Statement of Principles, "pilonidal sinus" means a suppurating sinus containing a tuft of hair, occurring chiefly in the coccygeal region but also seen in other regions of the body. Also known as a pilonidal cyst or pilonidal fistula.
(c)              Pilonidal sinus attracts ICD-10-AM code L05.
(d)              In the application of this Statement of Principles, the definition of "pilonidal sinus" 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 pilonidal sinus and death from pilonidal sinus 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, pilonidal sinus or death from pilonidal sinus is connected with the circumstances of a person’s relevant service is:
 
(a)               for pilonidal sinus of the hand or foot only,
(i)                working as a hairdresser within the three months before the clinical onset of pilonidal sinus; or
(ii)              having cutaneous exposure to animal hair within the three months before the clinical onset of pilonidal sinus; or
 
(b)              driving or being a passenger in a motorised vehicle, or riding a bicycle, for an average of at least 25 hours per week for a period of at least three months, within the six months before the clinical onset of pilonidal sinus; or
 
(c)              driving or being a passenger in a motorised vehicle, or riding a bicycle, for an average of at least 25 hours per week for a period of at least three months, within the six months before the clinical worsening of pilonidal sinus; or
 
(d)              inability to obtain appropriate clinical management for pilonidal sinus.
 
Factors that apply only to material contribution or aggravation
7.         Paragraphs 6(c) to 6(d) apply only to material contribution to, or aggravation of, pilonidal sinus where the person’s pilonidal sinus 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:
 
"death from pilonidal sinus" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s pilonidal sinus;
 
"having cutaneous exposure to animal hair" means milking cows, shearing sheep, grooming or handling dogs or other animals, or slaughtering animals;
 
"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)       eligible war service (other than operational service) under the VEA; or
(b)       defence service (other than hazardous 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 1 September 2010.
 
Dated this       eighteenth     day of              August               2010
 
 
The Common Seal of the                  )
Repatriation Medical Authority       )
was affixed to this instrument          )
in the presence of:                            )
 
KEN DONALD
CHAIRPERSON