Instrument No.137 of 1995
Statement of Principles
concerning
ANCYLOSTOMIASIS
ICD CODE: 126.0 & 126.1
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that ancylostomiasis and death from ancylostomiasis can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting ancylostomiasis or death from ancylostomiasis with the circumstances of that service, are:
(a) being in an area which is indigenous for ancylostomiasis, as identified in Schedule 1 or 2 before the clinical onset of ancylostomiasis; or
(b) inability to obtain appropriate clinical management for ancylostomiasis.
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 ancylostomiasis 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 ancylostomiasis and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the Act.
4. For the purposes of this Statement of Principles:
“ancylostomiasis” commonly known as hookworm disease, means a symptomatic infection in humans caused by Necator americanus (ICD code 126.1) or Ancylostoma duodenale (ICD code 126.0);
“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;
Schedule 1
In relation to infection by Ancylostoma duodenale—the area between the latitudes 30 degrees South and 36 degrees North of the Equator.
Schedule 2
In relation to infection by Necator americanus—the area between the Tropic of Capricorn and the Tropic of Cancer.
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
Overview
The Statement of Principles concerning Ancylostomiasis ICD CODE: 126.0 & 126.1, issued in 1995 by the Repatriation Medical Authority under the authority of the Veterans’ Entitlements Act 1986, aims to address the medical-scientific evidence linking ancylostomiasis, commonly known as hookworm disease, to service rendered by veterans, peacekeeping forces, and members of the Armed Forces. This legislative instrument was developed to ensure that a reasonable hypothesis can be raised connecting ancylostomiasis or death from ancylostomiasis with the circumstances of such service, particularly where individuals were in areas indigenous for the disease before the clinical onset or were unable to obtain appropriate clinical management. The policy objective of this Statement of Principles is to provide clear criteria for establishing a connection between the disease and the service, facilitating the recognition and compensation of veterans affected by ancylostomiasis.
Scope and Application
The Veterans’ Entitlements Act 1986, under subsection 196B(2), addresses the connection between ancylostomiasis and the service rendered by veterans, peacekeeping forces, and hazardous service personnel. Specifically, the Act requires that certain conditions must exist to establish a reasonable hypothesis that ancylostomiasis or death from ancylostomiasis is related to the service provided. This includes being in an area indigenous for ancylostomiasis before the clinical onset of the disease or an inability to obtain appropriate clinical management for ancylostomiasis. The application of these conditions is contingent on the individual's service history and the specific circumstances of their exposure to the disease. Notably, the inability to obtain appropriate clinical management applies only if the ancylostomiasis was contracted before the service period in question and if the relationship between the disease and the service falls within certain specified parameters. The legislation delineates geographic areas where ancylostomiasis is endemic, further refining the criteria for eligibility under the Act.
Key Provisions
The main operative sections of this Statement of Principles, issued under subsection 196B(2) of the Veterans’ Entitlements Act 1986, establish the criteria necessary to link ancylostomiasis (hookworm disease) or death from ancylostomiasis to the service of veterans, peacekeeping forces, or military personnel. Specifically, section 1 identifies two factors that must exist for such a connection to be made. Firstly, the person must have been in an area indigenous for ancylostomiasis, as specified in Schedule 1 or Schedule 2, prior to the clinical onset of the disease. Secondly, the person must have been unable to obtain appropriate clinical management for ancylostomiasis. Section 2 further clarifies that at least one of these factors must be related to the service rendered by the individual. Section 3 provides an exception, noting that the inability to obtain appropriate clinical management applies only if the ancylostomiasis was contracted before the period of service in question and if the relationship between the disease and the service is of a type specified in certain paragraphs of the Act.
The Act imposes specific obligations and requirements on the parties involved. For veterans, peacekeeping forces, and military personnel, it mandates that they must demonstrate one of the two specified factors if they seek to connect ancylostomiasis or death from ancylostomiasis to their service. The onus is on the claimant to provide evidence that they were in an endemic area for ancylostomiasis prior to the onset of symptoms or that they were unable to obtain appropriate clinical management for the disease. The Repatriation Medical Authority is responsible for evaluating the evidence provided and determining whether the criteria set out in the Statement of Principles have been met. The authority must ensure that the evidence is sufficient to establish a reasonable hypothesis linking the disease to the service rendered.
The Statement of Principles does not explicitly outline offences, penalties, or consequences for breach. However, under the Veterans’ Entitlements Act 1986, failure to comply with the requirements for claiming entitlements can result in penalties. These may include the imposition of fines, recovery of benefits paid, or other administrative actions as deemed appropriate by the Repatriation Commission. Additionally, any fraudulent claims or misrepresentations made in the process of seeking entitlements could be subject to criminal prosecution, potentially leading to fines or imprisonment, depending on the severity of the offence.