Instrument No.135 of 1995
Statement of Principles
concerning
ASCARIASIS
ICD CODE: 127.0
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that ascariasis and death from ascariasis 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 ascariasis or death from ascariasis 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; 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), 70(5)(d), or 70(5A)(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. | |
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
Overview
The Statement of Principles concerning Ascariasis, issued in 1995 under subsection 196B(2) of the Veterans’ Entitlements Act 1986, addresses the issue of ascariasis, an intestinal nematode parasite infection, and its connection to the service of veterans, peacekeeping forces, and hazardous service members. The Repatriation Medical Authority established that a reasonable hypothesis linking ascariasis or death from the condition to the service circumstances exists if a veteran was in a specific geographical area before the onset of the disease, or if they were unable to obtain appropriate clinical management for the condition during their service. This legislative instrument aims to provide a clear framework for assessing such claims by detailing the geographical areas and specific conditions that must be met.
The enacting body, the Repatriation Medical Authority, determined these principles to ensure that veterans, peacekeeping forces, and hazardous service members who contracted ascariasis or suffered from it during their service can be appropriately recognised and compensated. The underlying policy objective is to provide medical and financial support to those affected by service-related health conditions, thereby fulfilling a moral and legal obligation to those who have served their country.
Scope and Application
The Statement of Principles concerning Ascariasis under the Veterans’ Entitlements Act 1986 applies to veterans, members of peacekeeping forces, and members of the Australian Defence Force who have rendered operational, peacekeeping, or hazardous service and who have contracted ascariasis or died from it. The geographical scope of the legislation encompasses specific regions in Africa, Asia, Central and South America, the Caribbean, and certain states in the United States. The principles are designed to establish a minimum connection between the service rendered by these individuals and the development of ascariasis or death from it. The statement stipulates that a reasonable hypothesis can be raised if the individual was present in a specified area before the clinical onset of ascariasis or if they were unable to obtain appropriate clinical management for the condition. The application of these principles is further refined by detailing specific circumstances and conditions under which the service-related factors must exist. The legislation excludes situations where the ascariasis was contracted before the relevant service period unless the service is directly related to the disease’s progression in a specific manner outlined in the Act. The principles are subject to modifications and extensions through subordinate instruments, which may further define the scope and application of these provisions.
Key Provisions
The Statement of Principles issued under the Veterans' Entitlements Act 1986 (the Act) sets out the minimum conditions that must exist for a veteran, member of a peacekeeping force, or member of the Australian Defence Force to establish a connection between ascariasis or death from ascariasis and their service. According to section 1, the individual must either have been in a specified geographic area before the onset of the disease, or must have been unable to obtain appropriate clinical management for the disease (section 1(a) and (b)). The inability to obtain appropriate clinical management applies only where the individual contracted the disease before the relevant period of service, and the relationship between the disease and the service must be of a specific type (section 3(a) and (b)). These geographic areas are defined in the Schedule to the Statement of Principles, which includes Africa, Asia, Central and South America, the Caribbean, and certain states in the United States of America (Schedule column 2).
Under the Act, the onus is on the veteran, member of a peacekeeping force, or member of the Defence Force to provide evidence that the service they rendered meets the criteria set out in the Statement of Principles. This may include evidence of the geographic area in which they served, evidence of the onset of the disease, and evidence of any attempts to obtain clinical management for the disease. The Repatriation Medical Authority is responsible for assessing the evidence provided and determining whether the criteria have been met.
Breach of the requirements set out in the Statement of Principles does not, in itself, constitute an offence under the Act. However, providing false or misleading information to the Repatriation Medical Authority in order to obtain benefits under the Act may be an offence under section 235 of the Act, which carries a maximum penalty of 500 penalty units or imprisonment for five years, or both. Additionally, any person who knowingly makes a false statement in a document required to be lodged under the Act may be guilty of an offence under section 236 of the Act, which carries a maximum penalty of 250 penalty units or imprisonment for two years, or both.