{"id":"F2010L03254","name":"Statement of Principles concerning sensorineural hearing loss No. 6 of 2011","slug":"statement-of-principles-concerning-sensorineural-hearing-loss-no-6-of-2011","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85480,"registerId":"commonwealth-F2010L03254-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning sensorineural hearing loss No. 6 of 2011","content":"Statement of Principles\n\nconcerning\n\nSENSORINEURAL HEARING LOSS\n\nNo. 6 of 2011\n\nfor the purposes of the\n\nVeterans’ Entitlements Act 1986\n\nand\n\nMilitary Rehabilitation and Compensation Act 2004\n\nTitle\n\n1. This Instrument may be cited as Statement of Principles concerning sensorineural hearing loss No. 6 of 2011.\n\nDetermination\n\n2. The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):\n\n(a) revokes Instrument No. 30 of 2001 concerning sensorineural hearing loss; and\n\n(b) determines in its place this Statement of Principles.\n\nKind of injury, disease or death\n\n3. (a) This Statement of Principles is about sensorineural hearing loss and death from sensorineural hearing loss.\n\n(b) For the purposes of this Statement of Principles, \"sensorineural hearing loss\" means a permanent shift to a hearing threshold level of 25 decibels (dB) or more, at 500, 1000, 1500, 2000, 3000, 4000 or 6000 hertz (Hz), due to a defect in the cochlea or the auditory nerve, but excluding congenital deafness.\n\nBasis for determining the factors\n\n4. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that sensorineural hearing loss and death from sensorineural hearing loss 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).\n\nFactors that must be related to service\n\n5. 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.\n\nFactors\n\n6. The factor that must exist before it can be said that, on the balance of probabilities, sensorineural hearing loss or death from sensorineural hearing loss is connected with the circumstances of a person’s relevant service is:\n\n(a) being exposed to a peak sound pressure level at the tympanic membrane of at least 140 dB(C), before the clinical onset of sensorineural hearing loss; or\n\n(b) being exposed to a sound pressure level at the tympanic membrane of at least 85 dB(A) as an 8-hour time-weighted average (TWA) with a 3 dB exchange rate for a cumulative period of at least one year, before the clinical onset of sensorineural hearing loss; or\n\n(c) experiencing otitic barotrauma involving the affected side, or decompression sickness, within the 30 days before the clinical onset of sensorineural hearing loss; or\n\n(d) undergoing a course of treatment with a drug or a drug from a class of drugs from the specified list within the one year before the clinical onset of sensorineural hearing loss; or\n\n(e) receiving a specified ototopical medication directly into the inner ear, in the presence of tympanic membrane perforation, before the clinical onset of sensorineural hearing loss; or\n\n(f) taking aspirin, paracetamol or a nonsteroidal anti-inflammatory drug more than twice per week, for at least the two years before the clinical onset of sensorineural hearing loss; or\n\n(g) having suppurative labyrinthitis of the affected ear within the 30 days before the clinical onset of sensorineural hearing loss; or\n\n(h) having chronic suppurative otitis media on the affected side before the clinical onset of sensorineural hearing loss; or\n\n(i) having an acute viral infection from the specified list of viruses within the 30 days before the clinical onset of sensorineural hearing loss; or\n\n(j) having meningitis within the six months before the clinical onset of sensorineural hearing loss; or\n\n(k) having neurosyphilis before the clinical onset of sensorineural hearing loss; or\n\n(l) having tuberculosis involving the temporal bone on the affected side before the clinical onset of sensorineural hearing loss; or\n\n(m) having leprosy before the clinical onset of sensorineural hearing loss; or\n\n(n) having Meniere’s disease at the time of the clinical onset of sensorineural hearing loss; or\n\n(o) having Paget’s disease of bone, affecting the petrous temporal bone or middle ear ossicles, at the time of the clinical onset of sensorineural hearing loss; or\n\n(p) having a specified autoimmune disorder at the time of the clinical onset of sensorineural hearing loss; or\n\n(q) having multiple sclerosis at the time of the clinical onset of sensorineural hearing loss; or\n\n(r) having diabetes mellitus at the time of the clinical onset of sensorineural hearing loss; or\n\n(s) having a hyperviscosity syndrome for at least the 30 days before the clinical onset of sensorineural hearing loss; or\n\n(t) having a lesion interrupting the supply of blood to the cochlea of the affected ear at the time of the clinical onset of sensorineural hearing loss; or\n\n(u) having structural injury or physiological disruption to the inner ear or the auditory nerve as a result of blunt trauma, penetrating trauma or surgery, within the five years before the clinical onset of sensorineural hearing loss; or\n\n(v) having a neoplasm that involves the auditory nerve or the inner ear at the time of the clinical onset of sensorineural hearing loss; or\n\n(w) undergoing a course of therapeutic radiation to the head or neck region within the 18 months before the clinical onset of sensorineural hearing loss; or\n\n \n\n(x) inhaling, ingesting or having cutaneous contact with a specified organic solvent, on more days than not for a continuous period of at least four years before the clinical onset of sensorineural hearing loss, and where that exposure has ceased, the clinical onset of sensorineural hearing loss occurred within two years after cessation; or\n\n(y) inhaling, ingesting or having cutaneous contact with lead or emissions containing lead, for a cumulative period of at least 7000 hours, before the clinical onset of sensorineural hearing loss, and where that exposure has ceased, the clinical onset of sensorineural hearing loss occurred within two years after cessation; or\n\n(z) smoking at least 40 pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical onset of sensorineural hearing loss, and where smoking has ceased, the clinical onset of sensorineural hearing loss has occurred within five years after cessation; or\n\n(aa) being vaccinated with the measles-mumps vaccine within the 30 days before the clinical onset of sensorineural hearing loss; or\n\n(bb) being exposed to a peak sound pressure level at the tympanic membrane of at least 140 dB(C), before the clinical worsening of sensorineural hearing loss; or\n\n(cc) being exposed to a sound pressure level at the tympanic membrane of at least 85 dB(A) as an 8-hour time-weighted average (TWA) with a 3 dB exchange rate for a cumulative period of at least one year, before the clinical worsening of sensorineural hearing loss; or\n\n(dd) experiencing otitic barotrauma involving the affected side, or decompression sickness, within the 30 days before the clinical worsening of sensorineural hearing loss; or\n\n(ee) undergoing a course of treatment with a drug or a drug from a class of drugs from the specified list within the one year before the clinical worsening of sensorineural hearing loss; or\n\n(ff) receiving a specified ototopical medication directly into the inner ear, in the presence of tympanic membrane perforation, before the clinical worsening of sensorineural hearing loss; or\n\n(gg) taking aspirin, paracetamol or a nonsteroidal anti-inflammatory drug more than twice per week, for at least the two years before the clinical worsening of sensorineural hearing loss; or\n\n(hh) having suppurative labyrinthitis of the affected ear within the 30 days before the clinical worsening of sensorineural hearing loss; or\n\n(ii) having chronic suppurative otitis media on the affected side before the clinical worsening of sensorineural hearing loss; or\n\n(jj) having an acute viral infection from the specified list of viruses within the 30 days before the clinical worsening of sensorineural hearing loss; or\n\n(kk) having meningitis within the 6 months before the clinical worsening of sensorineural hearing loss; or\n\n(ll) having neurosyphilis before the clinical worsening of sensorineural hearing loss; or\n\n(mm) having tuberculosis involving the temporal bone on the affected side before the clinical worsening of sensorineural hearing loss; or\n\n(nn) having leprosy before the clinical worsening of sensorineural hearing loss; or\n\n(oo) having Meniere’s disease at the time of the clinical worsening of sensorineural hearing loss; or\n\n(pp) having Paget’s disease of bone, affecting the petrous temporal bone or middle ear ossicles, at the time of the clinical worsening of sensorineural hearing loss; or\n\n(qq) having a specified autoimmune disorder at the time of the clinical worsening of sensorineural hearing loss; or\n\n(rr) having multiple sclerosis at the time of the clinical worsening of sensorineural hearing loss; or\n\n(ss) having diabetes mellitus at the time of the clinical worsening of sensorineural hearing loss; or\n\n(tt) having a hyperviscosity syndrome for at least the 30 days before the clinical worsening of sensorineural hearing loss; or\n\n(uu) having a lesion interrupting the supply of blood to the cochlea of the affected ear at the time of the clinical worsening of sensorineural hearing loss; or\n\n(vv) having structural injury or physiological disruption to the inner ear or the auditory nerve as a result of blunt trauma, penetrating trauma or surgery, within the five years before the clinical worsening of sensorineural hearing loss; or\n\n(ww) having a neoplasm that involves the auditory nerve or the inner ear at the time of the clinical worsening of sensorineural hearing loss; or\n\n(xx) undergoing a course of therapeutic radiation to the head or neck region within the 18 months before the clinical worsening of sensorineural hearing loss; or\n\n(yy) inhaling, ingesting or having cutaneous contact with a specified organic solvent, on more days than not for a continuous period of at least four years before the clinical worsening of sensorineural hearing loss, and where that exposure has ceased, the clinical worsening of sensorineural hearing loss occurred within two years after cessation; or\n\n(zz) inhaling, ingesting or having cutaneous contact with lead or emissions containing lead, for a cumulative period of at least 7000 hours, before the clinical worsening of sensorineural hearing loss, and where that exposure has ceased, the clinical worsening of sensorineural hearing loss occurred within two years after cessation; or\n\n(aaa) smoking at least 40 pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical worsening of sensorineural hearing loss, and where smoking has ceased, the clinical worsening of sensorineural hearing loss has occurred within five years after cessation; or\n\n(bbb) being vaccinated with the measles-mumps vaccine within the 30 days before the clinical worsening of sensorineural hearing loss; or\n\n(ccc) inability to obtain appropriate clinical management for sensorineural hearing loss.\n\nFactors that apply only to material contribution or aggravation\n\n7. Paragraphs 6(bb) to (ccc) apply only to material contribution to, or aggravation of, sensorineural hearing loss where the person’s sensorineural hearing loss was suffered or contracted before or during (but not arising out of) the person’s relevant service.\n\nInclusion of Statements of Principles\n\n8. 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.\n\n \nOther definitions\n\n9. For the purposes of this Statement of Principles:\n\n\"a course of therapeutic radiation\" means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;\n\n\"a drug or a drug from a class of drugs from the specified list\" means:\n\n(a) \\-difluoromethylornithine (eflornithine);\n\n(b) aminoglycoside antibiotics;\n\n(c) antineoplastic agents as specified;\n\n(d) loop diuretics; or\n\n(e) quinine derivatives;\n\n\"a hyperviscosity syndrome\" means a disorder causing an increased viscosity of the blood, including leukaemia, polycythaemia or macroglobulinaemia;\n\n\"a specified autoimmune disorder\" means one of the following:\n\n(a) Behçet’s syndrome;\n\n(b) Cogan’s syndrome;\n\n(c) immune thrombocytopaenic purpura;\n\n(d) inflammatory myopathies, e.g., dermatomyositis, polymyositis, inclusion-body myositis;\n\n(e) microscopic polyangiitis;\n\n(f) polyarteritis nodosa;\n\n(g) relapsing polychondritis;\n\n(h) rheumatoid arthritis;\n\n(i) Sjogren’s syndrome;\n\n(j) Susac’s syndrome;\n\n(k) systemic lupus erythematosus;\n\n(l) systemic sclerosis (scleroderma); or\n\n(m) Wegener’s granulomatosis;\n\n\"a specified ototopical medication\" means ear drops containing agents from the following list:\n\n(a) acetic acid;\n\n(b) chloramphenicol;\n\n(c) chlorhexidine;\n\n(d) chloromycetin;\n\n(e) cresylate;\n\n(f) ethanol;\n\n(g) gentian violet;\n\n(h) povidone iodine; or\n\n(i) salicylates;\n\n \n\"a specified organic solvent\" means:\n\n(a) allyl benzene;\n\n(b) α-methylstyrene;\n\n(c) carbon disulphide;\n\n(d) ethyl benzene;\n\n(e) n\\-propylbenzene;\n\n(f) p\\-xylene;\n\n(g) styrene;\n\n(h) toluene;\n\n(i) trichloroethylene; or\n\n(j) trans-β-methylstyrene;\n\n\"antineoplastic agents as specified\" means:\n\n(a) carboplatin;\n\n(b) cisplatin;\n\n(c) daunorubicin derivatives;\n\n(d) erlotinib;\n\n(e) 5-flourouracil (5-FU);\n\n(f) fotemustine;\n\n(g) misonidazole;\n\n(h) nitrogen mustard compounds;\n\n(i) oxaliplatin; or\n\n(j) vinca alkaloids, including vinblastine or vincristine;\n\n\"chronic suppurative otitis media\" means a recurrent or continuous infective disorder of the middle ear characterised by perforation of the tympanic membrane and aural discharge;\n\n\"dB(A)\" means A-weighted sound pressure level in decibels, where\n\nA-weighting is a standardised frequency response used in sound measuring instruments;\n\n\"dB(C)\" means C-weighted sound pressure level in decibels, where\n\nC-weighting is a standardised frequency response used in sound measuring instruments;\n\n\"death from sensorineural hearing loss\" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s sensorineural hearing loss;\n\n\"meningitis\" means inflammation of the lining of the brain, which may be of bacterial, viral, fungal or parasitic origin;\n\n\"neurosyphilis\" means inflammation of the central nervous system as a manifestation of syphilis;\n\n\"pack-years of cigarettes, or the equivalent thereof in other tobacco products\" means a calculation of consumption where one pack-year of cigarettes equals twenty tailor-made cigarettes per day for a period of one calendar year, or 7300 cigarettes. One tailor-made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight. One pack-year of tailor-made cigarettes equates to 7300 cigarettes, or 7.3 kilograms of smoking tobacco by weight. Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;\n\n\"relevant service\" means:\n\n(a) eligible war service (other than operational service) under the VEA; or\n\n(b) defence service (other than hazardous service) under the VEA; or\n\n(c) peacetime service under the MRCA;\n\n\"specified list of viruses\" means:\n\n(a) measles virus;\n\n(b) mumps virus; or\n\n(c) varicella-zoster virus;\n\n\"suppurative labyrinthitis\" means inflammation of the inner ear characterised by the presence of pus;\n\n\"terminal event\" means the proximate or ultimate cause of death and includes:\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\"time-weighted average (TWA) with 3‑dB exchange rate\" means the time-weighted average noise exposure level calculated according to the following formulae and shown in the table:\n\nTWA = 10.0 x Log(D/100) + 85\n\nwhere D = daily dose; and\n\nD = \\[ C1/T1 + C2/T2 + …..+ Cn/Tn\\] x 100\n\nwhere Cn = total time of exposure at a specified noise level,\n\nTn = exposure duration for which noise at this level becomes hazardous.\n\n \n\nTable of noise exposure levels and\n\ndurations based on 3-dB(A) exchange rate\n\n```html\n

Duration, T

Duration, T

Exposure

Level, L

(dB(A))

Hours

Minutes

Seconds

Exposure

Level, L

(dB(A))

Hours

Minutes

Seconds

80

25

24

106

3

45

81

20

10

107

2

59

82

16

108

2

22

83

12

42

109

1

53

84

10

5

110

1

29

85

8

111

1

11

86

6

21

112

56

87

5

2

113

45

88

4

114

35

89

3

10

115

28

90

2

31

116

22

91

2

117

18

92

1

35

118

14

93

1

16

119

11

94

1

120

9

95

47

37

121

7

96

37

48

122

6

97

30

123

4

98

23

49

124

3

99

18

59

125

3

100

15

126

2

101

11

54

127

1

102

9

27

128

1

103

7

30

129

1

104

5

57

130-140

<1

105

4

43

\n```\n\nSource: National Institute of Occupational Safety and Health 1998 Guidelines\n\nPublication No. 98-126\n\nApplication\n\n10. This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.\n\n \nDate of effect\n\n11. This Instrument takes effect from 5 January 2011.\n\nDated this fourteenth day of December 2010\n\nThe Common Seal of the )\n\nRepatriation Medical Authority )\n\nwas affixed to this instrument )\n\nin the presence of: )\n\nKEN DONALD\n\nCHAIRPERSON","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2619},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument is a standard revocation and replacement of Instrument No. 30 of 2001. It updates the medical-scientific criteria for linking sensorineural hearing loss to service but does not expand beyond the original scope of defining this specific condition for veterans' compensation purposes."},"complexity_factors":["55 enumerated causal factors (clauses 6(a) through 6(ccc)) with varying temporal requirements (e.g., 'within 30 days', 'for at least four years', 'at the time of')","15+ defined technical terms spanning pharmacology (e.g., 'aminoglycoside antibiotics', 'antineoplastic agents'), medicine (e.g., 'suppurative labyrinthitis', 'hyperviscosity syndrome'), and acoustics (e.g., 'dB(A)', 'dB(C)', 'time-weighted average')","Technical noise exposure calculation table incorporating logarithmic formulas (TWA = 10.0 x Log(D/100) + 85) and 3-dB exchange rates","Bifurcated structure distinguishing between 'clinical onset' and 'clinical worsening' with clause 7 limitation restricting factors (bb) to (ccc) to material contribution/aggravation scenarios only","Dynamic cross-reference mechanism (clause 8) allowing other Statements of Principles to apply recursively"],"plain_english_summary":"This instrument sets the medical rules for when current and former Australian Defence Force members can get compensation for sensorineural hearing loss under the VEA and MRCA. It identifies 55 service‑related risk factors—noise exposure, physical trauma (e.g. blast, barotrauma), diseases/infections, certain chemicals/drugs, and specific medical treatments—that must be linked to service for a claim to succeed.\n\nClaimants must show at least one factor connected to eligible service; factors are treated differently if they cause onset versus worsening, and the rule integrates related Statements of Principles."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Instrument expressly revokes Instrument No. 30 of 2001 and replaces it with a new Statement of Principles (clause 2). The replacement establishes the operative list of factors, definitions and temporal limits that apply to VEA and MRCA matters (clauses 6, 9 and 10). The source text does not list the prior text for direct comparison, so specific differences in content or narrower/broader scope are not identified in this instrument."},"complexity_factors":["Extensive enumerated causation and aggravation factors (long list in clause 6, covering noise, medical events, drugs, infections, diseases, toxins and lifestyle exposures).","Different temporal windows and cumulative-exposure thresholds (e.g. 30 days, 6 months, 1 year, 4 years, 5 years, 18 months, 7000 hours, 40 pack‑years) spread across many factors (clause 6).","Two-tier causation approach: factors that can cause the condition and a separate list that apply only to material contribution or aggravation (clauses 5–7).","Technical noise exposure metrics and calculation method (dB(A) 8‑hour TWA with 3 dB exchange rate and accompanying table and formulae — definitions in clause 9).","Multiple cross‑references to other Statements of Principles and external standards (clause 8; source for noise table noted).","Numerous specialised definitions and specified lists (drugs, organic solvents, autoimmune disorders, ototopical medications, viruses) that require precise medical/occupational evidence (clause 9).","Requirement that connection be shown on the balance of probabilities but determined by the Repatriation Medical Authority (clause 4 and clause 2), introducing adjudicative discretion.","Practical evidentiary and compliance burden on claimants to document exposures, treatments and timing to meet thresholds (clauses 5–6, 9).","Overlap between causation and worsening criteria (many factors repeated for 'clinical onset' and 'clinical worsening' in clause 6), increasing interpretive complexity for assessors and claimants."],"plain_english_summary":"This instrument tells the Repatriation Medical Authority what medical and exposure criteria it must use to decide whether sensorineural hearing loss (and death from it) is connected with a person’s service for claims under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It lists specific noise thresholds, medical events, drug and toxin exposures and time limits that, if proven on the balance of probabilities, establish causation or aggravation; the Authority applies these technical thresholds when deciding claims."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-sensorineural-hearing-loss-no-6-of-2011","history":"/api/acts/statement-of-principles-concerning-sensorineural-hearing-loss-no-6-of-2011/history","analysis":"/api/acts/statement-of-principles-concerning-sensorineural-hearing-loss-no-6-of-2011/analysis","conflicts":"/api/acts/statement-of-principles-concerning-sensorineural-hearing-loss-no-6-of-2011/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-sensorineural-hearing-loss-no-6-of-2011/important-cases","documents":"/api/acts/statement-of-principles-concerning-sensorineural-hearing-loss-no-6-of-2011/documents"}}