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Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 77 of 2020)
1Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 77 of 2020)
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Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 77 of 2020)
made under subsection 196B(3) of the
Veterans' Entitlements Act 1986
Compilation No. 1
Compilation date: 19 September 2022
Includes amendments up to: Amendment Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 91 of 2022) (F2022L01131)
The day of commencement of this Amendment Statement of Principles concerning conjunctivitis is 19 September 2022.
About this compilation
This compilation
This is a compilation of the Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 77 of 2020) that shows the text of the law as amended and in force on 19 September 2022.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The 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.
Application, saving and transitional provisions for provisions and amendments
If 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.
Modifications
If 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.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
5 Application
6 Definitions
7 Kind of injury, disease or death to which this Statement of Principles relates
8 Basis for determining the factors
9 Factors that must exist
10 Relationship to service
11 Factors referring to an injury or disease covered by another Statement of Principles
Schedule 1 - Dictionary
1 Definitions
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name
This is the Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 77 of 2020).
3 Authority
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
5 Application
This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.
6 Definitions
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
7 Kind of injury, disease or death to which this Statement of Principles relates
(1) This Statement of Principles is about conjunctivitis and death from conjunctivitis.
Meaning of conjunctivitis
(2) For the purposes of this Statement of Principles, conjunctivitis means inflammation of the conjunctiva and includes blepharoconjunctivitis and keratoconjunctivitis.
(3) While conjunctivitis attracts ICD‑10‑AM code H10, H13.1, H13.2 or H16.2, in applying this Statement of Principles the meaning of conjunctivitis is that given in subsection (2).
(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.
Death from conjunctivitis
(5) For the purposes of this Statement of Principles, conjunctivitis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's conjunctivitis.
Note: terminal event is defined in the Schedule 1 - Dictionary.
8 Basis for determining the factors
On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that conjunctivitis and death from conjunctivitis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.
Note: MRCA, relevant service and VEA are defined in the Schedule 1 - Dictionary.
9 Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, conjunctivitis or death from conjunctivitis is connected with the circumstances of a person's relevant service:
(1) having blepharitis of the affected eye at the time of the clinical onset of conjunctivitis;
(2) having an infection of the conjunctiva of the affected eye at the time of the clinical onset of conjunctivitis;
Note: infection of the conjunctiva is defined in the Schedule 1 - Dictionary.
(3) having a condition of the affected eye from the specified list of conditions at the time of the clinical onset of conjunctivitis;
Note: specified list of conditions is defined in the Schedule 1 - Dictionary.
(4) having a condition that causes chronic lack of sufficient lubrication and moisture on the surface of the affected eye at the time of the clinical onset of conjunctivitis;
Note: Examples of conditions associated with a chronic lack of sufficient lubrication and moisture on the surface of the eye include dysfunctional tear syndrome, keratoconjunctivitis sicca and Sjögren syndrome.
(5) having ocular or periocular exposure to an allergen within the 24 hours before the clinical onset of conjunctivitis;
Note: allergen is defined in the Schedule 1 - Dictionary.
(5A) having a sensitising exposure to an allergen before the clinical onset of conjunctivitis;
Note: sensitising exposure to an allergen is defined in the Schedule 1 – Dictionary.
(6) having an autoimmune disease at the time of the clinical onset of conjunctivitis;
(7) having graft versus host disease at the time of the clinical onset of conjunctivitis;
(8) having diabetes mellitus at the time of the clinical onset of conjunctivitis;
(9) having topical medication applied to the affected eye within the 48 hours before the clinical onset of conjunctivitis;
(10) taking a drug from the specified list of drugs for at least the seven days before the clinical onset of conjunctivitis;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(11) taking a drug which is associated in the individual with the development of conjunctivitis during drug therapy and either:
(a) the improvement of conjunctivitis within seven days of discontinuing or tapering drug therapy; or
(b) the redevelopment of conjunctivitis on rechallenge with the same drug;
where treatment with the drug continued for at least the seven days before the clinical onset of conjunctivitis;
(12) having ocular or periocular exposure to an irritant substance within the 24 hours before the clinical onset of conjunctivitis;
Note: irritant substance is defined in the Schedule 1 - Dictionary.
(13) having mustard gas exposure to the affected eye within the 24 hours before the clinical onset of conjunctivitis;
(14) having a foreign body in contact with the affected conjunctiva within the 24 hours before the clinical onset of conjunctivitis;
(15) having an injury to the conjunctiva of the affected eye within the 24 hours before the clinical onset of conjunctivitis;
Note: injury to the conjunctiva is defined in the Schedule 1 - Dictionary.
(16) undergoing a course of therapeutic radiation for cancer, where the region of the affected eye was in the field of radiation, at the time of the clinical onset of conjunctivitis;
(17) having a benign or malignant neoplasm affecting the conjunctiva or eyelid margin of the affected eye at the time of the clinical onset of conjunctivitis;
(18) being in an immunocompromised state as specified at the time of the clinical onset of conjunctivitis;
Note: immunocompromised state as specified is defined in the Schedule 1 - Dictionary.
(19) having blepharitis of the affected eye at the time of the clinical worsening of conjunctivitis;
(20) having an infection of the conjunctiva of the affected eye at the time of the clinical worsening of conjunctivitis;
Note: infection of the conjunctiva is defined in the Schedule 1 - Dictionary.
(21) having a condition of the affected eye from the specified list of conditions at the time of the clinical worsening of conjunctivitis;
Note: specified list of conditions is defined in the Schedule 1 - Dictionary.
(22) having a condition that causes chronic lack of sufficient lubrication and moisture on the surface of the affected eye at the time of the clinical worsening of conjunctivitis;
Note: Examples of conditions associated with a chronic lack of sufficient lubrication and moisture on the surface of the eye include dysfunctional tear syndrome, keratoconjunctivitis sicca and Sjögren syndrome.
(23) having ocular or periocular exposure to an allergen within the 24 hours before the clinical worsening of conjunctivitis;
Note: allergen is defined in the Schedule 1 - Dictionary.
(24) having an autoimmune disease at the time of the clinical worsening of conjunctivitis;
(25) having graft versus host disease at the time of the clinical worsening of conjunctivitis;
(26) having diabetes mellitus at the time of the clinical worsening of conjunctivitis;
(27) having topical medication applied to the affected eye within the 48 hours before the clinical worsening of conjunctivitis;
(28) taking a drug from the specified list of drugs for at least the seven days before the clinical worsening of conjunctivitis;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(29) taking a drug which is associated in the individual with:
(a) the worsening of conjunctivitis during drug therapy; and
(b) the improvement of conjunctivitis within seven days of discontinuing or tapering drug therapy;
where treatment with the drug continued for at least the seven days before the clinical worsening of conjunctivitis;
(30) having ocular or periocular exposure to an irritant substance within the 24 hours before the clinical worsening of conjunctivitis;
Note: irritant substance is defined in the Schedule 1 - Dictionary.
(31) having mustard gas exposure to the affected eye within the 24 hours before the clinical worsening of conjunctivitis;
(32) having a foreign body in contact with the affected conjunctiva within the 24 hours before the clinical worsening of conjunctivitis;
(33) having an injury to the conjunctiva of the affected eye within the 24 hours before the clinical worsening of conjunctivitis;
Note: injury to the conjunctiva is defined in the Schedule 1 - Dictionary.
(34) undergoing a course of therapeutic radiation for cancer, where the region of the affected eye was in the field of radiation, at the time of the clinical worsening of conjunctivitis;
(35) having a benign or malignant neoplasm affecting the conjunctiva or eyelid margin of the affected eye at the time of the clinical worsening of conjunctivitis;
(36) being in an immunocompromised state as specified at the time of the clinical worsening of conjunctivitis;
Note: immunocompromised state as specified is defined in the Schedule 1 - Dictionary.
(37) inability to obtain appropriate clinical management for conjunctivitis.
10 Relationship to service
(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.
(2) The factors set out in subsections 9(19) to 9(37) apply only to material contribution to, or aggravation of, conjunctivitis where the person's conjunctivitis was suffered or contracted before or during (but did not arise out of) the person's relevant service.
11 Factors referring to an injury or disease covered by another Statement of Principles
In this Statement of Principles:
(1) if a factor referred to in section 9 applies in relation to a person; and
(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;
then 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.
Schedule 1 - Dictionary
Note: See Section 6
1 Definitions
In this instrument:
allergen means an antigenic substance capable of producing an immune response.
chronic renal failure means:
(a) having a glomerular filtration rate of less than 15 mL/min/1.73 m2 for a period of at least three months; or
(b) a need for renal replacement therapy (dialysis or transplantation) for treatment of complications of decreased glomerular filtration rate which would otherwise increase the risk of morbidity and mortality; or
(c) undergoing chronic dialysis.
conjunctivitis—see subsection 7(2).
immunocompromised state as specified means a condition of substantially lowered immune function, such as would occur in the following conditions or circumstances:
(a) taking an immunosuppressive drug;
(b) having a haematological or solid organ malignancy;
(c) having chronic renal failure;
(d) having infection with human immunodeficiency virus;
(e) having severe malnutrition; or
(f) undergoing solid organ, stem cell or bone marrow transplantation.
Note: chronic renal failure and immunosuppressive drug are also defined in the Schedule 1 - Dictionary.
immunosuppressive drug means a drug or an agent which results in substantial suppression of immune responses.
Note: Examples of an immunosuppressive drug include:
Note: (a) chemotherapeutic agents used for the treatment of cancer;
Note: (b) corticosteroids, other than inhaled or topical corticosteroids;
Note: (c) drugs used to prevent transplant rejection; or
Note: (d) a tumour necrosis factor-alpha inhibitor.
infection of the conjunctiva means a bacterial, viral, rickettsial, parasitic or fungal infection involving the conjunctiva.
injury to the conjunctiva means trauma to the ocular surface involving the conjunctiva by mechanisms including thermal, electrical and chemical burns and blunt or penetrating trauma.
irritant substance means a chemical which causes an inflammatory effect on living tissue by chemical action at the site of contact.
MRCA means the Military Rehabilitation and Compensation Act 2004.
relevant service means:
(a) eligible war service (other than operational service) under the VEA;
(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c) peacetime service under the MRCA.
Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.
sensitising exposure to an allergen means an exposure to an allergen without the occurrence of symptoms, where the clinical onset of conjunctivitis occurs within the two weeks of a subsequent exposure to the same allergen.
Note: 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 conjunctivitis.
specified list of conditions means:
(a) disorder of nasolacrimal duct or gland;
(b) ectropion;
(c) exophthalmos; or
(d) lid retraction.
specified list of drugs means:
(a) benzodiazepines;
(b) bisphosphonates;
(c) celecoxib;
(d) chemotherapy for cancer;
(e) cyclosporine;
(f) dupilumab;
(g) fluoxetine;
(h) imatinib;
(i) isotretinoin;
(j) paroxetine;
(k) risperidone;
(l) tadalafil;
(m) topiramate;
(n) vardenafil; or
(o) vemurafenib.
terminal event means the proximate or ultimate cause of death and includes the following:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
VEA means the Veterans' Entitlements Act 1986.
Note: Endnotes
Note: Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The 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.
The 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.
Misdescribed amendments
A 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.
If 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.
Note: Endnote 2—Abbreviation key
o = order(s)
ad = added or inserted
Ord = Ordinance
am = amended
orig = original
amdt = amendment
par = paragraph(s)/subparagraph(s)
c = clause(s)
/sub‑subparagraph(s)
C[x] = Compilation No. x
pres = present
Ch = Chapter(s)
prev = previous
def = definition(s)
(prev…) = previously
Dict = Dictionary
Pt = Part(s)
disallowed = disallowed by Parliament
r = regulation(s)/rule(s)
Div = Division(s)
exp = expires/expired or ceases/ceased to have
reloc = relocated
effect
renum = renumbered
F = Federal Register of Legislation
rep = repealed
gaz = gazette
rs = repealed and substituted
LA = Legislation Act 2003
s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003
Sch = Schedule(s)
(md) = misdescribed amendment can be given
Sdiv = Subdivision(s)
effect
SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment
SR = Statutory Rules
cannot be given effect
Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification
SubPt = Subpart(s)
No. = Number(s)
underlining = whole or part not
commenced or to be commenced
Note: Endnote 3—Legislation history
Name
Registration
Commencement
Application, saving and transitional provisions
Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 77 of 2020)
3 November 2020F2020L01397
30 November 2020
Amendment Statement of Principles concerning conjunctivitis (Balance of Probabilities) (No. 91 of 2022)
29 August 2022F2022L01131
19 September 2022
Note: Endnote 4—Amendment history
Provision affected
How affected
Section 2……………….
rep LA s 48D
Section 4……………….
rep LA s 48C
Subsection 9(5A)………
ad No. 91 of 2022
Schedule 1 – Dictionary – sensitising exposure to an allergen…………..