Statement of Principles concerning ascariasis (Balance of Probabilities) (No. 10 of 2017) (Cth)

Statement of Principles

concerning

ASCARIASIS
(Balance of Probabilities)

(No. 10 of 2017)

The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated       20 December 2016

The Common Seal of the
Repatriation Medical Authority
was affixed to this instrument
at the direction of:

Professor Nicholas Saunders AO

Chairperson

Contents

1Name........................................................................................................................................... 3

2Commencement........................................................................................................................ 3

3Authority..................................................................................................................................... 3

4Revocation................................................................................................................................. 3

5Application................................................................................................................................. 3

6Definitions.................................................................................................................................. 3

7Kind of injury, disease or death to which this Statement of Principles relates............... 3

8Basis for determining the factors........................................................................................... 4

9Factors that must exist............................................................................................................. 4

10Relationship to service............................................................................................................. 4

11Factors referring to an injury or disease covered by another Statement of Principles. 5

Schedule 1 - Dictionary............................................................................................. 6

1Definitions.................................................................................................................................. 6

1. Name

This is the Statement of Principles concerning ascariasis (Balance of Probabilities) (No. 10 of 2017).

1. Commencement

This instrument commences on 23 January 2017.

1. Authority

This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.

1. Revocation

The Statement of Principles concerning ascariasis No. 63 of 2008 made under subsection 196B(3) of the VEA is revoked.

1. 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.

1. Definitions

The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

1. Kind of injury, disease or death to which this Statement of Principles relates

(1)This Statement of Principles is about ascariasis and death from ascariasis.

Meaning of ascariasis

(2)For the purposes of this Statement of Principles, ascariasis means an infection with the intestinal roundworm Ascaris lumbricoides or Ascaris suum.

(3)While ascariasis attracts ICD‑10‑AM code B77, in applying this Statement of Principles the meaning of ascariasis 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), Ninth Edition, effective date of 1 July 2015, copyrighted by the Independent Hospital Pricing Authority, ISBN 978‑1‑76007‑020‑5.

Death from ascariasis

(5)For the purposes of this Statement of Principles, ascariasis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's ascariasis.

Note: terminal event is defined in the Schedule 1 – Dictionary.

1. 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 ascariasis and death from ascariasis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.

Note: relevant service is defined in the Schedule 1 – Dictionary.

1. Factors that must exist

At least one of the following factors must exist before it can be said that, on the balance of probabilities, ascariasis or death from ascariasis is connected with the circumstances of a person's relevant service:

(1)being exposed to Ascaris lumbricoides or Ascaris suum within the two years before the clinical onset of ascariasis;

Note: being exposed to Ascaris lumbricoides or Ascaris suum is defined in the Schedule 1 - Dictionary.

(2)being in a tropical or subtropical region, where facilities for disposal of human waste are minimal and there is a high likelihood of the environment being contaminated with human faeces, within the two years before the clinical onset of ascariasis;

(3)living or working in warm and damp conditions, in the presence of material contaminated with human faeces such as may occur in mines or tunnels, within the two years before the clinical onset of ascariasis;

(4)inability to obtain appropriate clinical management for ascariasis.

1. 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 factor set out in subsection 9(4) applies only to material contribution to, or aggravation of, ascariasis where the person's ascariasis was suffered or contracted before or during (but did not arise out of) the person's relevant service.

1. 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:

ascariasis—see subsection 7(2).

being exposed to Ascaris lumbricoides or Ascaris suum means:

(a)being in contact with soil contaminated with Ascaris lumbricoides eggs or Ascaris suum eggs; or

(b)ingesting food or drink contaminated with Ascaris lumbricoides eggs or Ascaris suum eggs; or

(c)ingesting airborne dust contaminated with Ascaris lumbricoides eggs or Ascaris suum eggs; or

(d)for Ascaris suum infection only, being in close contact with pigs infected with Ascaris suum.

Note: being in close contact with pigs is also defined in the Schedule 1 - Dictionary.

being in close contact with pigs means working with or around pigs or having direct physical contact with pigs or pig enclosures.

MRCAmeans 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.

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.