Document ID: chunk:federal_register_of_legislation:F2022C00588:front:0:p2
Version: federal_register_of_legislation:F2022C00588
Segment Type: other
Provision Reference: 
Character Range: 2866–5811

of Principles concerning sensorineural hearing loss (Balance of Probabilities) (No. 99 of 2019).
     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 sensorineural hearing loss and death from sensorineural hearing loss.
Meaning of sensorineural hearing loss
(2)          For the purposes of this Statement of Principles, sensorineural hearing loss:
(a)          means acquired hearing loss due to a defect in the cochlea or auditory nerve, with a permanent shift to a hearing threshold level of 25 decibels (dB) or more, at 500, 1 000, 1 500, 2 000, 3 000, 4 000 or 6 000 hertz (Hz); and
(b)          excludes:
(i)            congenital deafness; and
(ii)         hearing loss due to Meniere's disease.
Death from sensorineural hearing loss
(3)          For the purposes of this Statement of Principles, 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.
            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 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 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, sensorineural hearing loss or death from sensorineural hearing loss is connected with the circumstances of a person's relevant service:
(1)          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;
            Note: dB(C) is defined in the Schedule 1 - Dictionary.
(2)          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;
Note: dB(A) and time-weighted average (TWA) with a 3-dB exchange rate are defined in the Schedule 1 -