{"id":"F2020L01384","name":"Statement of Principles concerning photocontact dermatitis (Balance of Probabilities) (No. 83 of 2020)","slug":"statement-of-principles-concerning-photocontact-dermatitis-balance-of-probabilities-no-83-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440644,"registerId":"F2020L01384-fast-fetch-1775956210435","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning photocontact dermatitis (Balance of Probabilities) (No. 83 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\nPHOTOCONTACT DERMATITIS (Balance of Probabilities)\n\n(No. 83 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 30 October 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 photocontact dermatitis (Balance of Probabilities) (No. 83 of 2020).\n\n2 Commencement\n\n This instrument commences on 30 November 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 photocontact dermatitis No. 109 of 2011 (Federal Register of Legislation No. F2011L01744) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 photocontact dermatitis and death from photocontact dermatitis.\n\nMeaning of photocontact dermatitis\n\n(2) For the purposes of this Statement of Principles, photocontact dermatitis:\n\n(a) means inflammation of an area of the skin from exposure to light in the presence of a phototoxic agent or photoallergen that has been applied to the same area of skin; and\n\n(b) includes phototoxic contact dermatitis and photoallergic contact dermatitis; and\n\n(c) excludes:\n\n(i) allergic contact dermatitis;\n\n(ii) irritant contact dermatitis;\n\n(iii) phototoxic contact dermatitis due to systemic administration of a phototoxicant; and\n\n(iv) systemic allergic dermatitis.\n\nNote 1: Phototoxic contact dermatitis typically presents as an exaggerated sunburn while photoallergic contact dermatitis typically presents as an eczema like rash in sun-exposed skin.\n\nNote 2: light is defined in the Schedule 1 - Dictionary.\n\n(3) While photocontact dermatitis attracts ICD‑10‑AM code L56.2, in applying this Statement of Principles the meaning of photocontact 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 photocontact dermatitis\n\n(5) For the purposes of this Statement of Principles, photocontact dermatitis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's photocontact dermatitis.\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 photocontact dermatitis and death from photocontact dermatitis 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, photocontact dermatitis or death from photocontact dermatitis is connected with the circumstances of a person's relevant service:\n\n(1) having the affected area of skin exposed to light in the presence of a phototoxic agent within the 48 hours before the clinical onset of photocontact dermatitis;\n\nNote: phototoxic agent is defined in the Schedule 1 - Dictionary.\n\n(2) for photoallergic contact dermatitis only, having the affected area of skin exposed to light in the presence of a photoallergen within the five days before the clinical onset of photoallergic contact dermatitis;\n\nNote 1: photoallergen is defined in the Schedule 1 - Dictionary.\n\nNote 2: The initial sensitising exposure to a photoallergen may be either systemic or cutaneous and may have occurred months to years before the re-exposure that has resulted in the photocontact dermatitis.\n\nNote 3: Cross-photosensitisation may occur between photoallergens (for example ketoprofen and sunscreens containing benzophenones).\n\n(3) having the affected area of skin exposed to light in the presence of a phototoxic agent within the 48 hours before the clinical worsening of photocontact dermatitis;\n\nNote: phototoxic agent is defined in the Schedule 1 - Dictionary.\n\n(4) for photoallergic contact dermatitis only, having the affected area of skin exposed to light in the presence of a photoallergen within the five days before the clinical worsening of photoallergic contact dermatitis;\n\nNote 1: photoallergen is defined in the Schedule 1 - Dictionary.\n\nNote 2: The initial sensitising exposure to a photoallergen may be either systemic or cutaneous and may have occurred months to years before the re-exposure that has resulted in the photocontact dermatitis.\n\nNote 3: Cross-photosensitisation may occur between photoallergens (for example ketoprofen and sunscreens containing benzophenones).\n\n(5) inability to obtain appropriate clinical management for photocontact 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(3) to 9(5) apply only to material contribution to, or aggravation of, photocontact dermatitis where the person's photocontact 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\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n light means sunlight, and natural and artificial sources of ultraviolet light and visible light. Exposure to light may occur outdoors or indoors (for example through glass windows, under operating theatre lights or lamps that produce ultraviolet light during therapy).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n photoallergen means a substance which, when present in an area of skin which is exposed to light, is capable of producing an immune response and inflammation.\n\nNote: Examples of a photoallergen include UV absorbers in sunscreens and cosmetics (octocrylene, benzophenones, cinnamates, para-aminobenzoic acid derivatives), topical non-steroidal anti-inflammatory agents (ketoprofen, piroxicam), fragrance chemicals (methyl coumarins, musk ambrette) and antimicrobials (fentichlor, hexachlorophene).\n\n photocontact dermatitis—see subsection 7(2).\n\n phototoxic agent means a topical substance which, when present in an area of skin which is exposed to light, is capable of producing direct tissue injury and inflammation.\n\nNote: Examples of a phototoxic agent include coal tar cream, fluorouracil cream, sap of fig trees, lime or lemon juice, cosmetic products, PUVA and photodynamic topical therapy.\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 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":"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":4,"scope_assessment":{"changed":false,"description":"This is a standard replacement Statement of Principles that maintains the same scope as its 2011 predecessor. It continues to address only photocontact dermatitis in the context of veterans' compensation claims. The 2020 version updates medical references (ICD-10-AM edition) and clarifies definitions but does not expand beyond the original purpose of establishing medical connection factors for this specific condition."},"complexity_factors":["Multiple defined terms in Schedule 1 (7 definitions including nested definitions like 'relevant service' with 3 sub-categories)","Conditional logic distinguishing between phototoxic and photoallergic subtypes with different timeframes (48 hours vs 5 days)","Cross-referencing to other Statements of Principles in section 11","Exclusions in the definition (4 specific exclusions in section 7(2)(c))","Dual application standards (clinical onset vs clinical worsening) in factors 9(1)-9(4)","Reference to external medical classification system (ICD-10-AM Tenth Edition)","Interaction between two different Acts (VEA and MRCA) with different service categories"],"plain_english_summary":"This instrument sets the medical test for linking photocontact dermatitis to military service for veterans and current/former defence members claiming under the VEA or MRCA. It defines when a phototoxic or photoallergic reaction is considered connected to service (including timing of exposure and treatment access), uses the balance-of-probabilities standard, replaces the 2011 rule, and determines eligibility for government-funded medical care, compensation and other veteran benefits."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the earlier Statement of Principles No. 109 of 2011 (s4) and restates the scope and criteria for causation (see s7–s11 and Schedule 1). It explicitly defines photocontact dermatitis, lists exclusions (s7(2)(c)), sets exposure/time windows and worsening/treatment factors (s9), and applies to VEA and MRCA claims (s5). The text supplied replaces the prior instrument, but the precise textual differences from the 2011 statement cannot be determined from this document alone."},"complexity_factors":["Specialised medical definitions and coding (photocontact dermatitis, phototoxic agent, photoallergen; ICD‑10‑AM reference) — s7(2)–(4), Schedule 1.","Time‑window causation criteria that differ for phototoxic (48 hours) and photoallergic (five days) exposures — s9(1)–(4).","Inclusion of both incident and worsening events and a separate factor for lack of appropriate clinical management — s9(3)–(5).","Service‑connection rules that require factors to be related to relevant service and limit material contribution/aggravation mechanics where condition pre‑existed service — s10(1)–(2).","Interplay with other Statements of Principles where overlapping injuries/diseases exist — s11.","Detailed definitional scope for 'light' and examples of agents, producing practical evidentiary and causation questions for claimants and clinicians — Schedule 1.","Statutory replacement of a prior instrument (repeal) requiring claims/decisions to apply the new text — s4."],"plain_english_summary":"This Statement of Principles defines when photocontact dermatitis — skin inflammation caused by light acting on a topical phototoxic agent or photoallergen — and deaths partly caused by it are, on the balance of probabilities, connected to a veteran’s relevant service. It applies to claims under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act and replaces the 2011 statement.\n\nIt sets medical definitions and exclusions, specific exposure windows (48 hours for phototoxic events; up to five days for photoallergic reactions), clinical-worsening and treatment‑access factors, and links those factors to service connection."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-photocontact-dermatitis-balance-of-probabilities-no-83-of-2020","history":"/api/acts/statement-of-principles-concerning-photocontact-dermatitis-balance-of-probabilities-no-83-of-2020/history","analysis":"/api/acts/statement-of-principles-concerning-photocontact-dermatitis-balance-of-probabilities-no-83-of-2020/analysis","conflicts":"/api/acts/statement-of-principles-concerning-photocontact-dermatitis-balance-of-probabilities-no-83-of-2020/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-photocontact-dermatitis-balance-of-probabilities-no-83-of-2020/important-cases","documents":"/api/acts/statement-of-principles-concerning-photocontact-dermatitis-balance-of-probabilities-no-83-of-2020/documents"}}