{"id":"F2021L00033","name":"Statement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 2 of 2021)","slug":"statement-of-principles-concerning-allergic-contact-dermatitis-balance-of-probabilities-no-2-of-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101198,"registerId":"commonwealth-F2021L00033-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 2 of 2021)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nStatement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 2 of 2021)\n\nmade under subsection 196B(3) of the\n\nVeterans' Entitlements Act 1986\n\nCompilation No. 1\n\nCompilation date: 19 September 2022\n\nIncludes amendments up to: Amendment Statement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 89 of 2022) (F2022L01114)\n\nThe day of commencement of this Amendment Statement of Principles concerning allergic contact dermatitis is 19 September 2022.\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Statement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 2 of 2021) that shows the text of the law as amended and in force on 19 September 2022.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nContents\n\n1 Name\n\n3 Authority\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n  \n\n1 Name\n\nThis is the Statement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 2 of 2021).\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about allergic contact dermatitis and death from allergic contact dermatitis.\n\nMeaning of allergic contact dermatitis\n\n(2) For the purposes of this Statement of Principles, allergic contact dermatitis:\n\n(a) means inflammation of an area of the skin from exposure to an allergen that has been applied to the same area of skin; and\n\n(b) is a cell-mediated delayed-type hypersensitivity reaction due to contact with a substance to which the individual has previously been sensitised;\n\n(c) includes allergic contact dermatitis that is due to cutaneous exposure from airborne allergens; and\n\n(d) excludes:\n\n(i) atopic dermatitis (eczema);\n\n(ii) irritant contact dermatitis;\n\n(iii) local skin hypersensitivity associated with metal implants;\n\n(iv) photocontact dermatitis;\n\n(v) systemic allergic dermatitis; and\n\n(vi) urticaria.\n\n> Note: Allergic contact dermatitis typically presents as an eczema like rash on skin exposed to the allergen, including the skin of the lips (allergic contact cheilitis), around the mouth and the eyelids.\n\n(3) While allergic contact dermatitis attracts ICD‑10‑AM code L23, in applying this Statement of Principles the meaning of allergic contact dermatitis is that given in subsection (2).\n\n(4) For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.\n\nDeath from allergic contact dermatitis\n\n(5) For the purposes of this Statement of Principles, allergic contact dermatitis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's allergic contact dermatitis.\n\n> Note: terminal event is defined in the Schedule 1 - Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that allergic contact dermatitis and death from allergic contact dermatitis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\n> Note: MRCA, relevant service and VEA are defined in the Schedule 1 - Dictionary.\n\n9 Factors that must exist\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, allergic contact dermatitis or death from allergic contact dermatitis is connected with the circumstances of a person's relevant service:\n\n(1) having the affected area of skin exposed to an allergen within the two weeks before the clinical onset of allergic contact dermatitis;\n\n> Note 1: allergen is defined in the Schedule 1 \\- Dictionary.\n\n> Note 2: Cross-sensitisation may occur between allergens.\n\n(1A) having a sensitising exposure to an allergen before the clinical onset of allergic contact dermatitis;\n\n> Note: sensitising exposure to an allergen is defined in the Schedule 1 – Dictionary.\n\n(2) having the affected area of skin exposed to an allergen within the two weeks before the clinical worsening of allergic contact dermatitis;\n\n> Note 1: allergen is defined in the Schedule 1 - Dictionary.\n\n> Note 2: Cross-sensitisation may occur between allergens.\n\n(3) inability to obtain appropriate clinical management for allergic contact dermatitis.\n\n10 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.\n\n(2) The factors set out in subsections 9(2) to 9(3) apply only to material contribution to, or aggravation of, allergic contact dermatitis where the person's allergic contact dermatitis was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;\n\nthen the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.\n\nSchedule 1 \\- Dictionary\n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\nallergen means a substance which, when present in an area of skin, is capable of producing an immune response and inflammation resulting in contact dermatitis. Examples of allergens include:\n\n(a) balsam of Peru (found in topical medicines such as haemorrhoid ointment and personal care products);\n\n(b) basic red dye in socks or flame retardant material;\n\n(c) bufexamac (a nonsteroidal anti-inflammatory drug found in first aid creams);\n\n(d) chromium in cement or boots;\n\n(e) disperse dyes in uniforms;\n\n(f) epoxy resin in flying masks or araldite adhesive;\n\n(g) formaldehyde or formaldehyde releasers (including quaternium- 15);\n\n(h) fragrances (found in personal care products and disinfectants);\n\n(i) fuels or oils;\n\n(j) nickel in uniform buttons;\n\n(k) rubber accelerators (including thiurams in gloves);\n\n(l) tea tree oil;\n\n(m) topical benzocaine; and\n\n(n) topical neomycin.\n\nallergic contact dermatitis—see subsection 7(2).\n\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nrelevant service means:\n\n(a) eligible war service (other than operational service) under the VEA;\n\n(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c) peacetime service under the MRCA.\n\n> Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\nsensitising exposure to an allergen means an exposure to an allergen without the occurrence of symptoms, where the clinical onset of allergic contact dermatitis occurs within the two weeks of a subsequent exposure to the same allergen.\n\nNote: The initial sensitising exposure to an allergen may be either systemic or cutaneous and may have occurred months to years before the re-exposure that has resulted in the contact dermatitis.\n\nterminal event means the proximate or ultimate cause of death and includes the following:\n\n(a) pneumonia;\n\n(b) respiratory failure;\n\n(c) cardiac arrest;\n\n(d) circulatory failure; or\n\n(e) cessation of brain function.\n\nVEA means the Veterans' Entitlements Act 1986.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n|                                                | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| ad = added or inserted                         | Ord = Ordinance                     |\n| am = amended                                   | orig = original                     |\n| amdt = amendment                               | par = paragraph(s)/subparagraph(s)  |\n| c = clause(s)                                  | /sub‑subparagraph(s)                |\n| C[x] = Compilation No. x                       | pres = present                      |\n| Ch = Chapter(s)                                | prev = previous                     |\n| def = definition(s)                            | (prev…) = previously                |\n| Dict = Dictionary                              | Pt = Part(s)                        |\n| disallowed = disallowed by Parliament          | r = regulation(s)/rule(s)           |\n| Div = Division(s)                              |                                     |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated                   |\n| effect                                         | renum = renumbered                  |\n| F = Federal Register of Legislation            | rep = repealed                      |\n| gaz = gazette                                  | rs = repealed and substituted       |\n| LA = Legislation Act 2003                      | s = section(s)/subsection(s)        |\n| LIA = Legislative Instruments Act 2003         | Sch = Schedule(s)                   |\n| (md) = misdescribed amendment can be given     | Sdiv = Subdivision(s)               |\n| effect                                         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n|                                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                                 | Registration              | Commencement      | Application, saving and transitional provisions |\n| -------------------------------------------------------------------------------------------------------------------- | ------------------------- | ----------------- | ----------------------------------------------- |\n| Statement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 2 of 2021)            | 6 January 2021F2021L00033 | 25 January 2021   |                                                 |\n| Amendment Statement of Principles concerning allergic contact dermatitis (Balance of Probabilities) (No. 89 of 2022) | 26 August 2022F2022L01114 | 19 September 2022 |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected                                                  | How affected       |\n| ------------------------------------------------------------------- | ------------------ |\n| Section 2……………….                                                    | rep LA s 48D       |\n| Section 4……………….                                                    | rep LA s 48C       |\n| Subsection 9(1)………..                                                | rs No. 89 of 2022  |\n| Subsection 9(1A)………                                                 | ad No. 89 of 2022  |\n| Subsection 9(2)………..                                                | rs No. 89 of 2022  |\n| Schedule 1 – Dictionary – sensitising exposure to an allergen………….. | ad. No. 89 of 2022 |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument's scope was expanded and clarified by Amendment No. 89 of 2022. Key changes include replacement of subsection 9(1), addition of subsection 9(1A) establishing a 'sensitising exposure' pathway, revision of subsection 9(2), and an added Dictionary definition for 'sensitising exposure' (endnotes; ss 9(1), 9(1A); Schedule 1). Section 7(2)(c) also explicitly includes cutaneous exposure from airborne allergens, broadening recognised exposure routes."},"complexity_factors":["Specialised medical concepts (cell-mediated delayed‑type hypersensitivity) requiring clinical interpretation (s 7(2)(b)).","Temporal causation rule: exposures within two weeks before onset or worsening (ss 9(1), 9(2)).","Newly added 'sensitising exposure' concept linking prior asymptomatic exposure to later reaction (s 9(1A); Schedule definition).","Broad, non‑exhaustive list of example allergens in the Dictionary that may require toxicological/occupational analysis (Schedule 1).","Interaction rules with other Statements of Principles, requiring cross-reference where factors invoke other injuries/diseases (s 11).","Conditional application of certain factors to material contribution or aggravation when dermatitis pre‑existed service (s 10(2)).","Vague/adversarial‑risk term: 'inability to obtain appropriate clinical management' as a factor with evidentiary and proof challenges (s 9(3)).","Legal standard of proof is 'balance of probabilities' but medical causation often involves probabilistic judgment, increasing adjudicative complexity (title; s 8).","Amendment history (No. 89 of 2022) altered key factors and definitions, requiring attention to commencement and compilation dates (endnotes)."],"plain_english_summary":"This Statement of Principles defines \"allergic contact dermatitis\" for veterans' compensation and sets the medical and evidentiary factors decision‑makers must use to link the condition (or death from it) to a person's relevant service under the VEA/MRCA, on the balance of probabilities. It affects veterans, serving members and adjudicators by listing qualifying exposures (including a defined \"sensitising exposure\" and a two‑week timing rule), medical exclusions, example allergens and a ground for claim acceptance where appropriate clinical management could not be obtained."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope. It addresses only allergic contact dermatitis and death therefrom, with specific exclusions preventing expansion into broader dermatology. The 2022 amendment (No. 89) added the 'sensitising exposure' factor (section 9(1A)) and refined the exposure windows, but this was a technical clarification of medical causation rather than scope expansion. The instrument remains tightly focused on its original purpose: establishing service connection criteria for this specific skin condition."},"complexity_factors":["Short, focused instrument (approximately 1,500 words) dealing with a single medical condition","Only 7 defined terms in the Dictionary (allergen, allergic contact dermatitis, MRCA, relevant service, sensitising exposure to an allergen, terminal event, VEA)","Simple conditional structure: one of three factors must exist (section 9), with straightforward temporal requirements (2-week windows)","Single cross-reference mechanism (section 11) linking to other Statements of Principles for comorbid conditions","Clear exclusions in section 7(2)(d) that prevent scope creep into related dermatological conditions","Minimal nested logic — no exceptions to exceptions or complex deeming provisions"],"plain_english_summary":"This Statement of Principles sets the medical test for awarding compensation to current/former ADF members and veterans for allergic contact dermatitis. It requires a \"balance of probabilities\" link to service and (briefly) that at least one: recent exposure to an allergen, a prior sensitising exposure, or inability to obtain proper treatment caused or worsened the rash.\n\nIt excludes non‑allergic skin conditions and functions as the DVA’s gatekeeper for what evidence proves service‑related allergy."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-allergic-contact-dermatitis-balance-of-probabilities-no-2-of-2021","history":"/api/acts/statement-of-principles-concerning-allergic-contact-dermatitis-balance-of-probabilities-no-2-of-2021/history","analysis":"/api/acts/statement-of-principles-concerning-allergic-contact-dermatitis-balance-of-probabilities-no-2-of-2021/analysis","conflicts":"/api/acts/statement-of-principles-concerning-allergic-contact-dermatitis-balance-of-probabilities-no-2-of-2021/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-allergic-contact-dermatitis-balance-of-probabilities-no-2-of-2021/important-cases","documents":"/api/acts/statement-of-principles-concerning-allergic-contact-dermatitis-balance-of-probabilities-no-2-of-2021/documents"}}