{"id":"F2020L01107","name":"Statement of Principles concerning chloracne (Balance of Probabilities) (No. 63 of 2020)","slug":"statement-of-principles-concerning-chloracne-balance-of-probabilities-no-63-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440593,"registerId":"F2020L01107-fast-fetch-1775956164554","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning chloracne (Balance of Probabilities) (No. 63 of 2020)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nCHLORACNE (Balance of Probabilities)\n\n(No. 63 of 2020)\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 28 August 2020\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:
|\n| --- |\n| 
Professor Nicholas Saunders AO
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 chloracne (Balance of Probabilities) (No. 63 of 2020).\n\n2 Commencement\n\n This instrument commences on 28 September 2020.\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 chloracne No. 18 of 2012 (Federal Register of Legislation No. F2012L00448) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 chloracne and death from chloracne.\n\nMeaning of chloracne\n\n(2) For the purposes of this Statement of Principles, chloracne:\n\n(a) means a chronic skin disease, characterised by an acne-like eruption of open and closed comedones (whiteheads and blackheads), pustules and epidermal cysts, occurring after the systemic absorption of certain polyhalogenated aromatic hydrocarbons; and\n\n(b) excludes drug-related acneiform facial eruptions.\n\nNote: Chloracne lesions are typically distributed over the face, earlobes and neck, and can also occur on the trunk, genitalia and buttocks. Other skin manifestations may include hyperpigmentation and hyperhidrosis. The skin lesions may be accompanied by systemic signs and symptoms.\n\nDeath from chloracne\n\n(3) For the purposes of this Statement of Principles, chloracne, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's chloracne.\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 chloracne and death from chloracne 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, chloracne or death from chloracne is connected with the circumstances of a person's relevant service:\n\n(1) inhaling, ingesting or having cutaneous contact with a polyhalogenated aromatic hydrocarbon from the specified list of polyhalogenated aromatic hydrocarbons, within the six weeks before the clinical onset of chloracne;\n\nNote 1: Examples of products that may contain polyhalogenated aromatic hydrocarbons from the specified list include:\n\n(a) fungicides;\n\n(b) herbicides;\n\n(c) insecticides;\n\n(d) transformer oils; and\n\n(e) wood protectors.\n\nNote 2: Examples of circumstances that may lead to exposure to polyhalogenated aromatic hydrocarbons from the specified list include:\n\n(a) being in an environment shrouded in dust from timber treated with;\n\n(b) being sprayed with;\n\n(c) cleaning or maintaining equipment used to apply;\n\n(d) consuming cooking oil or food contaminated with;\n\n(e) decanting or spraying;\n\n(f) handling or sawing timber treated with; and\n\n(g) using cutting oil contaminated with;\n\nany of the polyhalogenated aromatic hydrocarbons from the specified list of polyhalogenated aromatic hydrocarbons. \n\nNote 3: specified list of polyhalogenated aromatic hydrocarbons is defined in the Schedule 1 - Dictionary. \n\n(2) inhaling, ingesting or having cutaneous contact with a polyhalogenated aromatic hydrocarbon from the specified list of polyhalogenated aromatic hydrocarbons, within the six weeks before the clinical worsening of chloracne;\n\nNote 1: Examples of products that may contain polyhalogenated aromatic hydrocarbons from the specified list include:\n\n(a) fungicides;\n\n(b) herbicides;\n\n(c) insecticides;\n\n(d) transformer oils; and\n\n(e) wood protectors.\n\nNote 2: Examples of circumstances that may lead to exposure to polyhalogenated aromatic hydrocarbons from the specified list include:\n\n(a) being in an environment shrouded in dust from timber treated with;\n\n(b) being sprayed with;\n\n(c) cleaning or maintaining equipment used to apply;\n\n(d) consuming cooking oil or food contaminated with;\n\n(e) decanting or spraying;\n\n(f) handling or sawing timber treated with; and\n\n(g) using cutting oil contaminated with;\n\nany of the polyhalogenated aromatic hydrocarbons from the specified list of polyhalogenated aromatic hydrocarbons. \n\nNote 3: specified list of polyhalogenated aromatic hydrocarbons is defined in the Schedule 1 - Dictionary. \n\n(3) inability to obtain appropriate clinical management for chloracne.\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) and 9(3) apply only to material contribution to, or aggravation of, chloracne where the person's chloracne 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 chloracne—see subsection 7(2).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n polychlorodibenzofurans (PCDFs) as specified means:\n\n(a) 2,3,7,8-tetrachlorodibenzofuran (TCDF);\n\n(b) pentachlorodibenzofurans (PeCDFs);\n\n(c) haemachlorodibenzofurans;\n\n(d) hexachlorodibenzofurans (HxCDFs);\n\n(e) heptachlorodibenzofurans (HpCDFs);\n\n(f) octachlorodibenzofurans (OCDFs); or\n\n(g) trichlorodibenzofurans.\n\n polychlorodibenzo-para-dioxins (PCDDs) as specified means:\n\n(a) 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD);\n\n(b) 1,2,3,7,8-pentachlorodibenzo-para-dioxin (PeCDD);\n\n(c) hexachlorodibenzo-para-dioxin (HxCDD);\n\n(d) 1,2,3,4,6,7,8-heptachlorodibenzo-para-dioxin (HpCDD); or\n\n(e) octachlorodibenzo-para-dioxin (OCDD).\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 specified list of polyhalogenated aromatic hydrocarbons means:\n\n(a) azobenzenes, including 3,3',4,4'-tetrachloroazobenzene;\n\n(b) azoxybenzenes, including 3,4,3',4'-tetrachloroazoxybenzene;\n\n(c) dioxin-like polychlorinated biphenyls (PCBs); \n\n(d) o-dichlorobenzene;\n\n(e) polybrominated biphenyls (PBBs);\n\n(f) polybromodibenzofurans, including tetrabromodibenzofuran;\n\n(g) polychlorodibenzofurans (PCDFs) as specified;\n\n(h) polychlorodibenzo-para-dioxins (PCDDs) as specified;\n\n(i) polychloronaphthalenes, including pentachloronaphthalene (Halowax 1013) and hexachloronaphthalene (HCN);\n\n(j) polychromonaphthalenes; or\n\n(k) triazoloquinoxalines.\n\nNote: polychlorodibenzofurans (PCDFs) as specified and polychlorodibenzo-para-dioxins (PCDDs) as specified are also defined in the Schedule 1 - Dictionary.\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 instrument maintains the same focused scope as its 2012 predecessor. It addresses a single, specific medical condition (chloracne) with well-established causal links to defined chemical exposures. The 2020 revision appears to be a routine update based on current medical-scientific evidence rather than an expansion of scope. The defined chemical list remains tightly constrained to known chloracnegens, and the service connection requirements are unchanged."},"complexity_factors":["Moderate chemical specificity: 11 categories of polyhalogenated aromatic hydrocarbons defined, with nested sub-definitions for PCDFs (7 specific compounds) and PCDDs (5 specific compounds)","Cross-referencing structure: Multiple defined terms in Schedule 1 that are referenced throughout the instrument (MRCA, VEA, terminal event, etc.)","Temporal limitation: Strict 6-week exposure window before clinical onset or worsening creates precise evidentiary requirements","Conditional logic in section 10(2): Factor (3) and the worsening provision in factor (2) only apply to pre-existing conditions aggravated by service, not new conditions arising from service","Dual statutory framework: Must operate under both Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004 with slightly different service definitions","Incorporation by reference: Section 11 allows factors to incorporate other Statements of Principles dynamically 'as in force from time to time'"],"plain_english_summary":"This Statement of Principles sets the medical rules for awarding compensation to veterans and current/former defence members for chloracne, a severe, dioxin‑linked skin disease. It requires evidence that service‑related exposure to listed polyhalogenated aromatic hydrocarbons (or lack of access to treatment) occurred within about six weeks before the condition began or materially worsened. The instrument replaces the 2012 version and updates the scientific basis so service‑connected toxic exposures (e.g., Agent Orange, PCBs) can support claims."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the earlier Statement of Principles concerning chloracne No. 18 of 2012 (s4) and therefore replaces the prior instrument. The operative scope is determined by the updated definitions, listed substances and the factors in ss.7–10 and Schedule 1; practical claim eligibility will be governed by these revised criteria."},"complexity_factors":["Technical medical and chemical definitions and exclusions (Schedule 1; s7(2))","Precise temporal exposure window and clinical-worsening timing (s9(1)–(2))","Multiple specified substances and categories to be considered (Schedule 1: specified list of polyhalogenated aromatic hydrocarbons)","Interaction with other Statements of Principles where overlap exists (s11)","Application to two statutory schemes (VEA and MRCA) and defined claim pathways (s5)","Standard of proof limited to balance of probabilities but requiring demonstrable exposure or treatment failure (title; s8; s9(3))","Requirement that factors be related to relevant service, including material contribution or aggravation rules (s10)","Replaces an earlier instrument, so decision-makers must apply the updated text (s4)"],"plain_english_summary":"This Statement of Principles sets the medical criteria the Repatriation Medical Authority uses to decide whether chloracne (or death from it) is connected to a veteran’s or member’s service for claims under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. It defines chloracne, lists specific chemical agents, requires exposure within a six‑week window (or clinical worsening/inability to obtain care), and applies the balance‑of‑probabilities test. Claimants must show exposure or treatment gaps; decision‑makers apply these technical criteria to award entitlements."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-chloracne-balance-of-probabilities-no-63-of-2020","history":"/api/acts/statement-of-principles-concerning-chloracne-balance-of-probabilities-no-63-of-2020/history","analysis":"/api/acts/statement-of-principles-concerning-chloracne-balance-of-probabilities-no-63-of-2020/analysis","conflicts":"/api/acts/statement-of-principles-concerning-chloracne-balance-of-probabilities-no-63-of-2020/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-chloracne-balance-of-probabilities-no-63-of-2020/important-cases","documents":"/api/acts/statement-of-principles-concerning-chloracne-balance-of-probabilities-no-63-of-2020/documents"}}