{"id":"F2022L01386","name":"Statement of Principles concerning allergic rhinitis (Balance of Probabilities) (No. 112 of 2022)","slug":"statement-of-principles-concerning-allergic-rhinitis-balance-of-probabilities-no-112-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441576,"registerId":"F2022L01386-fast-fetch-1775956842837","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning allergic rhinitis (Balance of Probabilities) (No. 112 of 2022)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nALLERGIC RHINITIS (Balance of Probabilities)\n\n(No. 112 of 2022)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 21 October 2022.\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
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Professor Terence Campbell AM
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\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\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning allergic rhinitis (Balance of Probabilities) (No. 112 of 2022).\n\n2 Commencement\n\n This instrument commences on 21 November 2022.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning allergic rhinitis No. 23 of 2014 (Federal Register of Legislation No. F2014L00300) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 rhinitis and death from allergic rhinitis.\n\nMeaning of allergic rhinitis\n\n(2) For the purposes of this Statement of Principles, allergic rhinitis:\n\n(a) means symptomatic inflammation of the nasal mucosa associated with allergen exposure and mediated by an immunoglobulin E (IgE) allergic response;\n\n(b) includes:\n\n(i) intermittent (seasonal) allergic rhinitis;\n\n(ii) local allergic rhinitis;\n\n(iii) occupational allergic rhinitis; and\n\n(iv) persistent (perennial) allergic rhinitis; and\n\n(c) excludes:\n\n(i) allergic fungal rhinosinusitis;\n\n(ii) eosinophilic granulomatosis with polyangiitis;\n\n(iii) non-allergic rhinitis; and\n\n(iv) vasomotor rhinitis.\n\nNote 1: Symptoms of allergic rhinitis include rhinorrhea, nasal congestion or blockage, itching of the nose and sneezing.\n\nNote 2: Some patients with chronic rhinosinusitis with nasal polyposis or central compartment atopic disease may also have allergic rhinitis.\n\n(3) While allergic rhinitis attracts ICD‑10‑AM code J30.1, J30.2, J30.3 or J30.4, in applying this Statement of Principles the meaning of allergic rhinitis 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 rhinitis\n\n(5) For the purposes of this Statement of Principles, 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.\n\nNote: 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 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 MRCA.\n\nNote: 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 rhinitis or death from allergic rhinitis is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to an allergenic stimulus within the 24 hours before the clinical onset of allergic rhinitis;\n\nNote: allergenic stimulus is defined in the Schedule 1 – Dictionary.\n\n(2) having a sensitising exposure to an allergen before the clinical onset of allergic rhinitis;\n\nNote: sensitising exposure to an allergen is defined in the Schedule 1 – Dictionary.\n\n(3) being exposed to an allergenic stimulus within the 24 hours before the clinical worsening of allergic rhinitis;\n\nNote: allergenic stimulus is defined in the Schedule 1 – Dictionary.\n\n(4) inability to obtain appropriate clinical management for allergic rhinitis.\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(3) and 9(4) 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 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\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n allergic rhinitis—see subsection 7(2).\n\n allergenic stimulus means an exogenous antigen capable of stimulating a type-I hypersensitivity reaction in atopic individuals through IgE responses, and which:\n\n(a) is associated with the onset of allergic rhinitis symptoms; and\n\n(b) has been confirmed by specific allergy testing, including:\n\n(i) a positive skin prick test; or\n\n(ii) a positive serum test for allergen specific IgE; or;\n\n(iii) a nasal specific allergen challenge.\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n relevant 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\nNote: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\n sensitising exposure to an allergen means an exposure to an allergen without the occurrence of symptoms where the clinical onset of allergic rhinitis occurs within 24 hours of a subsequent exposure to the same allergen.\n\n terminal 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\n VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard Statement of Principles (SOP) issued by the Repatriation Medical Authority under its statutory authority. It replaces the 2014 version of the same SOP (No. 23 of 2014) and maintains the same scope: determining the causal connection between allergic rhinitis and military service for compensation purposes. The scope remains tightly focused on its original purpose under the veterans' compensation framework."},"complexity_factors":["Multiple defined terms requiring cross-reference to Schedule 1 (allergenic stimulus, sensitising exposure, terminal event, relevant service)","Nested definitions: 'allergic rhinitis' defined in section 7(2) but referenced in Dictionary; 'allergenic stimulus' has a 3-part technical medical definition requiring specific allergy testing","Conditional logic in section 9(3) and 9(4) with limitation clause in section 10(2) restricting application to aggravation cases only","Cross-referencing between Acts: operates under both VEA and MRCA with different service definitions","Medical terminology requiring specialist knowledge (IgE, type-I hypersensitivity, atopic individuals, ICD-10-AM codes)","Specific temporal requirements (24-hour windows for exposure)","Incorporation by reference to external medical classification system (ICD-10-AM Tenth Edition)"],"plain_english_summary":"This rule sets the medical test for whether veterans and current/former ADF members can get compensation for allergic rhinitis linked to service. It defines allergic rhinitis (IgE‑mediated nasal allergy) and requires a clear medical link to service—typically recent allergen exposure, prior sensitising exposure, or service‑related worsening or lack of treatment for a pre‑existing condition—on the balance of probabilities. \n\nIt replaces the 2014 instrument and narrows claims to cases with a specific service‑related medical connection."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals Statement No. 23 of 2014 (s4) and restates scope and criteria: it defines allergic rhinitis and lists included/excluded subtypes (s7(2)), includes death where allergic rhinitis contributed (s7(5)), requires specified diagnostic confirmation methods (Schedule 1), prescribes temporal connection rules including 24‑hour windows and sensitising exposures (s9; Schedule 1), and applies to claims under section 120B VEA or section 339 MRCA (s5). These elements indicate an updated scope relative to the repealed instrument."},"complexity_factors":["Technical medical definitions and diagnostic requirements (IgE-mediated response, skin prick test, serum allergen‑specific IgE, nasal challenge) (Schedule 1)","Narrow temporal thresholds for causal connection (24‑hour exposure window; sensitising exposure concept) (s9; Schedule 1)","Cross-reference to external classification (ICD‑10‑AM codes) and reliance on clinical testing standards (s7(3)-(4); Schedule 1)","Interaction with other Statements of Principles when factors refer to conditions covered elsewhere (s11)","Application across two statutes and claimant pathways (VEA and MRCA) and repeal of prior instrument (ss3–5)","Inclusion of death via contribution to a terminal event with a listed set of terminal events (s7(5); Schedule 1)","Use of the civil standard of proof (‘balance of probabilities’) and reliance on the RMA’s assessment of medical‑scientific evidence (s8)","Bounded administrative guidance on assessing 'inability to obtain appropriate clinical management' leaving implementation discretion"],"plain_english_summary":"This instrument sets the medical criteria the Repatriation Medical Authority will use to decide when allergic rhinitis (and deaths to which it contributed) is legally connected to a veteran's or defence member's service for claims under the VEA or MRCA. It repeals the 2014 Statement. \n\nIt defines which forms are included or excluded, requires allergy test confirmation and short temporal links (for example, a 24‑hour exposure or a prior sensitising exposure), and allows inability to obtain appropriate clinical management as a qualifying factor."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-allergic-rhinitis-balance-of-probabilities-no-112-of-2022","history":"/api/acts/statement-of-principles-concerning-allergic-rhinitis-balance-of-probabilities-no-112-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-allergic-rhinitis-balance-of-probabilities-no-112-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-allergic-rhinitis-balance-of-probabilities-no-112-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-allergic-rhinitis-balance-of-probabilities-no-112-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-allergic-rhinitis-balance-of-probabilities-no-112-of-2022/documents"}}