Statement of Principles concerning ascariasis No. 136 of 1995 (Cth)

Instrument No.136 of 1995

Statement of Principles

concerning

ASCARIASIS

ICD CODE: 127.0

Veterans’ Entitlements Act 1986
subsection 196B(3)

1.         Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that ascariasis and death from ascariasis can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, ascariasis or death from ascariasis is connected with the circumstances of that service, are:

(a)       being in an area described in column 2 of the Schedule before the clinical onset of ascariasis, unless the person's risk of contracting that ascariasis infection from exposure not related to service was significantly greater than the risk of contracting it from being in that area during service; or

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

2.         Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(b) must be related to any service rendered by a person.

3.         The factor set out in paragraph 1(b) applies only where:

(a)       the person’s ascariasis was contracted before a period, or part of a period, of service to which the factor is related; and

(b)       the relationship suggested between the ascariasis and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), or 70(5)(d) of the Act.

4.         For the purposes of this Statement of Principles:

“ascariasis” means an intestinal nematode parasite infection caused by Ascaris lumbricoides, attracting ICD code 127.0;

“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472;

“Asia” means the continental area bounded:

(a)       in the east by the Bering Straits and including the islands             of Japan, the Philippines, Indonesia and Papua New     Guinea and Sri Lanka and islands belonging to any of       those countries; and

(b)       in the west, by a line running down the Ural Mountains    from the Arctic Ocean to the Caspian Sea, across to the    Black Sea, following the eastern shoreline of the             Mediterranean, through the Suez Canal and down the Red            sea to Aden;

“Central and South America” means all that part of the Americas south of the USA/Mexico border;

“the Caribbean” means all that archipelago of islands, countries  and nations within the Caribbean Sea or the Gulf of Mexico.

Schedule

column 1	column 2	column 3
1.	The continents of Africa and Asia.

2. Central and South America.

3. The Caribbean

4. The states of Idaho, Wyoming, Colorado, Utah, Arizona, New Mexico, Texas, Oklahoma, Kansas, Nebraska, North Dakota, South Dakota, Iowa, Missouri, Arkansas, Mississippi, Alabama, Georgia, Florida, Louisiana,Tennessee, South Carolina and North Carolina in the United States of America.

Note:    the shaded areas shown in the maps in column 3 indicate the areas described opposite in column 2.

Dated this       Thirteenth        day of              April   1995

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN