Statement of Principles concerning malaria No. 173 of 1995 (Cth)

Instrument No.173 of 1995

Statement of Principles

concerning

MALARIA

ICD CODE: 084

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 malaria and death from malaria 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, malaria or death from malaria is connected with the circumstances of that service, are:

(a)       being in an area described in the Schedule before the clinical onset of malaria; or

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

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 malaria 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 malaria 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:

“being in an area described in the Schedule” means being in an area indicated by the shaded area on a map contained in the Schedule, at a time when the area is specified by the Schedule, such an area being an area in which the transmission of malaria has occurred;

“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;

“malaria” means infection by a parasite of the genus Plasmodium, being Plasmodium falciparum, P. vivax, P. malariae or P. ovale, attracting ICD code 084.

Schedule

Table 1— areas of malarial transmission before 1 January 1950

The following States within the United States of America:

      Alabama

      Arkansas

      California

      Delaware

      District of Colombia

      Florida

      Georgia

      Indiana

      Iowa

      Kansas

      Kentucky

      Louisiana

      Michigan

      Mississippi

      Missouri

      North Carolina

      Ohio

      Oklahoma

      Oregon

      Pennsylvania

      South Carolina

      Tennessee

      Texas

      Virginia

      Washington

      West Virginia

      Wisconsin

Mexico
West Indies
Central America
Colombia
Venezuela
Guyana
Suriname
French Guiana
Brazil
Ecuador
Peru
Bolivia
Paraguay

Table 1 (continued)

Continental Europe, excluding Scandinavia
Finland
Sweden
England
Islands within the Mediterranean Sea
All that part of the continent of Asia south of 60 degrees North, excluding Mongolia
The continent of Africa and related islands, excluding Libya and South Africa
Madagascar
Islands in the Indian Ocean north of 24 degrees South
Indonesia
Japan
Taiwan
Philippines
Malaysia
Singapore
Brunei
Papua New Guinea
Solomon Islands
New Hebrides
That part of Australia north of 24 degrees South

Note:    where an area is identified by the name of a country, the area is the geographic area of the relevant country as at 1995.

Note:    the shaded areas shown in the map are indications of the areas described above.

Table 2— areas of malarial transmission on or after 1 January 1950
but before 1 January 1969

The following States within the United States of America:

      Alabama

      Arkansas

      Florida

      Georgia

      Illinios

      Indiana

      Kansas

      Louisiana

      Mississippi

      Missouri

      Oklahoma

      South Carolina

      Texas

Mexico
West Indies
Central America
Colombia
Venezuela
Guyana
Suriname
French Guiana
Brazil
Ecuador
Peru
Bolivia
Paraguay
The continent of Africa and related islands, excluding Libya and South Africa
Madagascar
Islands in the Indian Ocean north of 24 degrees South
All that part of the continent of Asia south of 60 degrees North, excluding Europe and Mongolia
Belarus
Ukraine
Greece
Albania
The former Yugoslav Republic of Macedonia
Bulgaria
Sri Lanka
Malaysia
Indonesia
Taiwan
Philippines
Brunei
Papua New Guinea
Solomon Islands
New Hebrides
That part of the Northern Territory north of 15 degrees South

Note:    where an area is identified by the name of a country, the area is the geographic area of the relevant country as at 1995.

Table 2 (continued)

Note:    the shaded areas shown in the map are indications of the areas described above.

Table 3—areas of malarial transmission on or after 1 January 1969

Mexico
West Indies
Central America
Colombia
Venezuela
Guyana
Suriname
French Guiana
Brazil
Ecuador
Peru
Bolivia
Paraguay

The continent of Africa and related islands (excluding Libya, Egypt, Algeria, Tunisia, Morocco, South Africa and Lesotho)

Madagascar
Yemen
Turkey
Cyprus
Syria
Iraq
Iran
Jordan
Israel
Lebanon
Afghanistan
Pakistan
India
Bangladesh
Nepal
Bhutan
Sri Lanka

That area of China (excluding Taiwan) south of a line between 30 degrees latitude North, 95 degrees longitude East and 34 degrees latitude North, 120 degrees longitude East.

Myanmar (Burma)
Thailand
Malaysia
Indonesia
Vietnam
Laos
Cambodia
Philippines
Papua New Guinea
Solomon Islands
New Hebrides

Note:    where an area is identified by the name of a country, the area is the geographic area of the relevant country as at 1995.

Table 3 (continued)

Note:    the shaded areas shown in the map are indications of the areas described above.

Dated this       Twenty-fifth            day of              May          1995

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN