
Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 98 of 2019)
made under subsection 196B(2) of the
Veterans' Entitlements Act 1986
Compilation No. 2
Compilation date: 22 September 2025
Includes amendments up to: Amendment Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 75 of 2025) (F2025L00977)
About this compilation
This compilation
This is a compilation of the Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 98 of 2019) that shows the text of the law as amended and in force on 22 September 2025.
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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
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
This is the Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 98 of 2019).
This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.
This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies.
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
Meaning of sensorineural hearing loss
Note: The diagnosis of sensorineural hearing loss is usually made by performing an audiogram in which bone conduction thresholds are measured.
Death from sensorineural hearing loss
Note: terminal event is defined in the Schedule 1 – Dictionary.
The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that sensorineural hearing loss and death from sensorineural hearing loss can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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.
Note: dB(C) is defined in the Schedule 1 - Dictionary.
Note: dB(A) and time-weighted average (TWA) with a 3-dB exchange rate are defined in the Schedule 1 - Dictionary.
within the 30 days before the clinical onset of sensorineural hearing loss;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
Note: ototopical medication as specified is defined in the Schedule 1 - Dictionary.
Note: specified list of bacterial infections is defined in the Schedule 1 - Dictionary.
Note: specified list of viruses is defined in the Schedule 1 - Dictionary.
Note: specified list of bone diseases is defined in the Schedule 1 - Dictionary.
Note: specified list of autoimmune diseases is defined in the Schedule 1 - Dictionary.
Note: specified list of haematological diseases is defined in the Schedule 1 - Dictionary.
Note: Examples of lesions interrupting the supply of blood to the cochlea include, but are not limited to, thrombosis, haemorrhage or vasospasm of the vertebro-basilar circulation, and intralabyrinthine haemorrhage or infarction.
Note: Examples of trauma include, but are not limited to, temporal bone fracture and basilar skull fracture.
Note: specified list of chemical agents is defined in the Schedule 1 - Dictionary.
for at least four weeks before the clinical onset of sensorineural hearing loss;
Note: pack-years of cigarettes, or the equivalent thereof in other tobacco products is defined in the Schedule 1 - Dictionary.
Note: being exposed to second-hand smoke is defined in the Schedule 1 - Dictionary.
Note: Alcohol consumption is calculated utilising the Australian Standard of ten grams of alcohol per standard alcoholic drink.
Note: being obese is defined in the Schedule 1 - Dictionary.
Note: dB(C) is defined in the Schedule 1 - Dictionary.
Note: dB(A) and time-weighted average (TWA) with a 3-dB exchange rate are defined in the Schedule 1 - Dictionary.
within the 30 days before the clinical worsening of sensorineural hearing loss;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
Note: ototopical medication as specified is defined in the Schedule 1 - Dictionary.
Note: specified list of bacterial infections is defined in the Schedule 1 - Dictionary.
Note: specified list of viruses is defined in the Schedule 1 - Dictionary.
Note: specified list of bone diseases is defined in the Schedule 1 - Dictionary.
Note: specified list of autoimmune diseases is defined in the Schedule 1 - Dictionary.
Note: specified list of haematological diseases is defined in the Schedule 1 - Dictionary.
Note: Examples of lesions interrupting the supply of blood to the cochlea include, but are not limited to, thrombosis, haemorrhage or vasospasm of the vertebro-basilar circulation, and intralabyrinthine haemorrhage or infarction.
Note: Examples of trauma include, but are not limited to, temporal bone fracture and basilar skull fracture.
Note: specified list of chemical agents is defined in the Schedule 1 - Dictionary.
for at least four weeks before the clinical worsening of sensorineural hearing loss;
Note: pack-years of cigarettes, or the equivalent thereof in other tobacco products is defined in the Schedule 1 - Dictionary.
Note: being exposed to second-hand smoke is defined in the Schedule 1 - Dictionary.
Note: Alcohol consumption is calculated utilising the Australian Standard of ten grams of alcohol per standard alcoholic drink.
Note: being obese is defined in the Schedule 1 - Dictionary.
In this Statement of Principles:
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.
Note: See Section 6
In this instrument:
being obese means having a Body Mass Index (BMI) of 30 or greater.
Note: BMI is also defined in the Schedule 1 - Dictionary.
BMI means W/H2 where:
W is the person's weight in kilograms; and
H is the person's height in metres.
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.
dB(A) means the sound pressure level in decibels measured by a sound level meter using a type A electronic filter.
dB(C) means the sound pressure level in decibels measured by a sound level meter using a type C electronic filter. The type C filter is used to measure peak or impact sound pressure levels.
hyperviscosity syndrome means a disorder causing an increased viscosity of the blood.
Note: Examples of disorders causing an increased viscosity of the blood include, but are not limited to, polycythaemia and Waldenstrom macroglobulinaemia.
MRCA means the Military Rehabilitation and Compensation Act 2004.
ototopical medication as specified means ear drops containing one or more of the following agents:
(a) Burow's solution (5% aluminium subacetate);
(b) aminoglycosides;
(c) chloramphenicol;
(d) chlorhexidine; or
(e) ethanol.
pack-years of cigarettes, or the equivalent thereof in other tobacco products means a calculation of consumption where one pack-year of cigarettes equals 20 tailor-made cigarettes per day for a period of one calendar year, or 7 300 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 7.3 kilograms of smoking tobacco by weight. Tobacco products mean cigarettes, pipe tobacco or cigars, smoked alone or in any combination.
relevant service means:
(a) operational service under the VEA;
(b) peacekeeping service under the VEA;
(c) hazardous service under the VEA;
(d) British nuclear test defence service under the VEA;
(e) warlike service under the MRCA; or
(f) non-warlike service under the MRCA.
Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.
sensorineural hearing loss—see subsection 7(2).
specified list of autoimmune diseases means:
(a) antiphospholipid antibody syndrome;
(b) Behcet disease;
(c) Cogan syndrome;
(d) eosinophilic granulomatosis with polyangiitis (Churg–Strauss syndrome);
(e) giant cell arteritis;
(f) granulomatosis with polyangiitis (Wegener granulomatosis);
(g) Hashimoto's thyroiditis;
(h) immune thrombocytopaenia;
(i) microscopic polyangiitis;
(j) mixed cryoglobulinaemia;
(k) mucocutaneous lymph node syndrome (Kawasaki disease);
(l) polyarteritis nodosa;
(m) psoriasis;
(n) pyoderma gangrenosum;
(o) relapsing polychondritis;
(p) rheumatoid arthritis;
(q) sarcoidosis;
(r) Sjogren syndrome;
(s) Susac syndrome;
(t) systemic lupus erythematosus;
(u) systemic sclerosis (scleroderma);
(v) Takayasu arteritis;
(w) ulcerative colitis; or
(x) Vogt-Koyanagi-Harada disease.
specified list of bacterial infections means:
(a) acute otitis media;
(b) chronic suppurative otitis media; or
(c) suppurative labyrinthitis.
Note: chronic suppurative otitis media and suppurative labyrinthitis are also defined in the Schedule 1 - Dictionary.
specified list of bone diseases means:
(a) acromegaly;
(b) otosclerosis; or
(c) Paget's disease of bone.
specified list of chemical agents means:
(a) allyl benzene;
(b) cadmium;
(c) carbon disulphide;
(d) carbon monoxide;
(e) dimethylacetamide;
(f) epoxy adhesives;
(g) ethyl benzene;
(h) lead or fumes containing lead;
(i) manganese or fumes containing manganese;
(j) mercury;
(k) methyl ethyl ketone (MEK);
(l) n-hexane;
(m) n-propylbenzene;
(n) xylene;
(o) styrene;
(p) toluene; or
(q) trichloroethylene.
specified list of drugs means:
(a) α-difluoromethylornithine (eflornithine);
(b) 2-hydroxypropyl-b-cyclodextrin (HPbCD);
(c) aminoglycosides;
(d) carboplatin;
(e) cisplatin;
(f) erlotinib;
(g) 5-fluorouracil (5-FU);
(h) gabapentin;
(i) imatinib;
(j) loop diuretics;
(k) macrolide antibiotics;
(l) misonadazole;
(m) nitrogen mustard compounds;
(n) opioids;
(o) oxaliplatin;
(p) phosphodiesterase 5 inhibitors;
(q) propylthiouracil;
(r) quinine and quinine derivatives, including mefloquine;
(s) tetracyclines;
(t) valproic acid;
(u) vancomycin;
(v) vigabatrin; or
(w) vinca alkaloids.
specified list of haematological diseases means:
(a) aplastic anaemia;
(b) hyperviscosity syndrome;
(c) Langerhan cell histiocytosis;
(d) leukaemia;
(e) myelodysplastic syndrome; or
(f) sickle-cell disorder.
Note: hyperviscosity syndrome is also defined in the Schedule 1 - Dictionary.
specified list of viruses means:
(a) cytomegalovirus;
(b) hepatitis B virus;
(c) hepatitis C virus;
(d) herpes simplex virus types 1 or 2;
(e) human immunodeficiency virus;
(f) Lassa virus;
(g) measles virus;
(h) mumps virus; or
(i) varicella-zoster virus infection of the geniculate ganglion on the affected side.
Note: Varicella-zoster virus infection of the geniculate ganglion is also known as herpes zoster oticus or Ramsay-Hunt syndrome.
suppurative labyrinthitis means inflammation of the inner ear characterised by the presence of pus.
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.
time-weighted average (TWA) with a 3-dB exchange rate means the time-weighted average noise exposure level calculated according to the following formulae and shown in the table:
TWA = 10.0 x Log(D/100) + 85
where D = daily dose; and
D = [C1/T1 + C2/T2 + …..+ Cn/Tn] x 100
where Cn = total time of exposure at a specified noise level; and
Tn = exposure duration for which noise at this level becomes hazardous.
Table of noise exposure levels and
durations based on 3-dB(A) exchange rate
| 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 | | | | |
Source: National Institute of Occupational Safety and Health 1998 Guidelines Publication No. 98-126
VEA means the Veterans' Entitlements Act 1986.
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.
| 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 |
Name | Registration | Commencement | Application, saving and transitional provisions |
Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 98 of 2019)
| 21 October 2019
F2019L01360 | 18 November 2019
|
|
Amendment Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 55 of 2022)
| 3 May 2022
F2022L00672
| 30 May 2022
|
|
Amendment Statement of Principles concerning sensorineural hearing loss (Reasonable Hypothesis) (No. 75 of 2025)
| 26 August 2025
F2025L00977 | 22 September 2025
|
|
Provision affected | How affected |
Section 2………………. | rep LA s 48D |
Section 4………………. | rep LA s 48C |
Schedule 1 – Dictionary – specified list of chemical agents…...…. | ad No. 55 of 2022 |
Subsection 7(2)………. | rs No. 75 of 2025 |