Instrument No.138 of 1995
Statement of Principles
concerning
ANCYLOSTOMIASIS
ICD CODE: 126.0 & 126.1
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 ancylostomiasis and death from ancylostomiasis 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, ancylostomiasis or death from ancylostomiasis is connected with the circumstances of that service, are:
(a) (i) being in an area which is indigenous for ancylostomiasis, as identified in the Schedules; and
(ii) where ancylostomiasis was diagnosed while in that area during relevant service or within the 2 years immediately after having been in that area at that time; 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 subparagraph 1(a)(i) and paragraph 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), or 70(5)(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 Veterans’ Entitlements Act 1986, enacted by the Australian Parliament, aims to provide entitlements and benefits to veterans and members of the Australian Defence Forces, addressing gaps in recognition and support for those affected by diseases or conditions related to their service. One such legislative instrument is the Statement of Principles concerning Ancylostomiasis ICD CODE: 126.0 & 126.1, issued in 1995 by the Repatriation Medical Authority under subsection 196B(3) of the Act. This instrument establishes the medical-scientific criteria linking ancylostomiasis, commonly known as hookworm disease, to service rendered by veterans and members of the Forces. The policy objective is to ensure that veterans and Defence personnel who contracted ancylostomiasis, or who died from it, during or shortly after their service are appropriately recognised and compensated for their condition, provided there is a connection to the specific geographical areas where the disease is endemic or a failure to receive appropriate clinical management.
Scope and Application
The Statement of Principles concerning Ancylostomiasis (Hookworm Disease) issued under the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Forces (ADF) who may have contracted ancylostomiasis during their service, provided the service was not operational or hazardous. Specifically, the determination addresses the likelihood of a connection between ancylostomiasis or death from the disease and the service rendered, focusing on the geographic location and circumstances of the service. The areas of relevance include regions where ancylostomiasis is indigenous, namely between the latitudes 30 degrees South and 36 degrees North for Ancylostoma duodenale, and between the Tropic of Capricorn and the Tropic of Cancer for Necator americanus. Additionally, the Statement considers the inability to obtain appropriate clinical management for ancylostomiasis contracted before or during service.
The instrument extends its application to any service period where the veteran or ADF member was in an area indigenous for ancylostomiasis and diagnosed with the disease during service or within two years of leaving such an area. Furthermore, it applies to cases where the service member's ancylostomiasis was contracted before service and the relationship between the disease and service falls within specified provisions of the Act. The Statement of Principles does not apply where the factors mentioned are not related to the service in question. Subordinate instruments may further refine the application of these principles, but the primary focus remains on establishing a connection between ancylostomiasis and non-hazardous, non-operational service.
Key Provisions
The Statement of Principles under the Veterans’ Entitlements Act 1986 (the Act) outlines specific conditions that must be met for a veteran or member of the Forces to establish a connection between ancylostomiasis, or death from ancylostomiasis, and their service. According to section 1, for such a connection to be established, either the individual must have been in an area indigenous for ancylostomiasis, as specified in Schedules 1 and 2, and have been diagnosed with ancylostomiasis during that service or within two years after leaving that area, or they must have been unable to obtain appropriate clinical management for the disease. Section 2 further stipulates that at least one of these factors must be related to the service in question.
The obligations imposed by this legislation are centred on the requirement for veterans or members of the Forces to provide evidence that satisfies the conditions outlined in the Statement of Principles. This includes proving their presence in an indigenous area for ancylostomiasis, as per the schedules, and that they were diagnosed with the disease either during service or shortly thereafter. Additionally, if they were unable to obtain appropriate clinical management, this must be demonstrated as part of their claim. The onus is on the claimant to provide sufficient medical and service records that substantiate their case under these provisions.
Breach of the requirements or failure to provide adequate evidence to substantiate a claim under these provisions may lead to civil or criminal consequences. Under the Act, misrepresentation or providing false information in a claim can result in penalties. The maximum penalties for such offences are detailed within the Act, but generally include fines and, in severe cases, imprisonment. It is imperative for claimants to ensure the accuracy and completeness of their submissions to avoid any adverse legal repercussions.