Statement of Principles concerning malaria No. 60 of 2009 (Cth)
Statement of Principles
concerning
MALARIA
No. 60 of 2009
for the purposes of the
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
This Instrument may be cited as Statement of Principles concerning malaria No. 60 of 2009.
Determination
The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 172 of 1995 concerning malaria; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
(a) This Statement of Principles is about malaria and death from malaria.
(b)For the purposes of this Statement of Principles, "malaria" means an infection that is due to parasites of the genus Plasmodium. This definition includes infection with the human malaria species Plasmodium falciparum, Plasmodium vivax, Plasmodium ovale, and Plasmodium malariae and infection with Plasmodium knowlesi or other simian malaria species.
(c)Malaria attracts ICD-10-AM code B50, B51, B52, B53 or B54.
(d)In the application of this Statement of Principles, the definition of "malaria" is that given at paragraph 3(b) above.
Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that malaria and death from malaria 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 Military Rehabilitation and Compensation Act 2004 (the MRCA).
Factors that must be related to service
Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
Factors
The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting malaria or death from malaria with the circumstances of a person’s relevant service is:
(a)being exposed to Plasmodium vivax or Plasmodium ovale as specified at least four days, but less than one year, before the clinical onset of malaria; or
(b)being bitten by a mosquito infected with Plasmodium vivax or Plasmodium ovale at least four days, but less than five years, before the clinical onset of malaria; or
(c)being exposed to Plasmodium malariae, Plasmodium falciparum or simian malaria species at least four days, but less than one year, before the clinical onset of malaria; or
(d)being infected with the human immunodeficiency virus (HIV) at the time of the clinical worsening of malaria; or
(e)being pregnant at the time of the clinical worsening of malaria; or
(f)inability to obtain appropriate clinical management for malaria.
Factors that apply only to material contribution or aggravation
Paragraphs 6(d) to 6(f) apply only to material contribution to, or aggravation of, malaria where the person’s malaria was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
Other definitions
For the purposes of this Statement of Principles:
"being exposed to Plasmodium malariae, Plasmodium falciparum or simian malaria species" means:
(a)being bitten by a mosquito infected with Plasmodium malariae, Plasmodium falciparum or simian malaria species;
(b)having percutaneous exposure to blood infected with Plasmodium malariae, Plasmodium falciparum or simian malaria species;
(c)having an organ transplant, where the organ is infected with Plasmodium malariae, Plasmodium falciparum or simian malaria species; or
(d)having a blood transfusion, where the blood is infected with Plasmodium malariae, Plasmodium falciparum or simian malaria species;
"being exposed to Plasmodium vivax or Plasmodium ovale as specified" means:
(a)having percutaneous exposure to blood infected with Plasmodium vivax or Plasmodium ovale;
(b)having an organ transplant, where the organ is infected with Plasmodium vivax or Plasmodium ovale; or
(c)having a blood transfusion, where the blood is infected with Plasmodium vivax or Plasmodium ovale;
"death from malaria" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s malaria;
"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification (ICD-10-AM), Sixth Edition, effective date of 1 July 2008, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 016 6;
"relevant service" means:
(a) operational service under the VEA;
(b) peacekeeping service under the VEA;
(c) hazardous service under the VEA;
(d) warlike service under the MRCA; or
(e) non-warlike service under the MRCA;
"terminal event" means the proximate or ultimate cause of death and includes:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
Application
This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.
Date of effect
This Instrument takes effect from 2 September 2009.
Dated this nineteenth day of August 2009
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRPERSON
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