Instrument No.136 of 1995
Statement of Principles
concerning
ASCARIASIS
ICD CODE: 127.0
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 ascariasis and death from ascariasis 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, ascariasis or death from ascariasis is connected 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, unless the person's risk of contracting that ascariasis infection from exposure not related to service was significantly greater than the risk of contracting it from being in that area during service; 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), or 70(5)(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 ICD CODE: 127.0, issued under the Veterans’ Entitlements Act 1986, was enacted to address the issue of ascariasis, an intestinal parasite infection, being potentially related to eligible war service or defence service. This legislative instrument, No. 136 of 1995, was developed by the Repatriation Medical Authority and aims to provide clear guidelines on the circumstances under which ascariasis contracted during service can be deemed connected to that service. The primary objective is to ensure that veterans and members of the Forces who contracted ascariasis, or died from it, while serving in specific areas are acknowledged and appropriately compensated. This instrument establishes that a connection is probable if the individual was in a specified area before the onset of ascariasis or if they were unable to obtain appropriate clinical management for the condition, provided the infection was contracted prior to the relevant service period.
Scope and Application
The Statement of Principles issued under the Veterans' Entitlements Act 1986 outlines the criteria that must be met to establish a connection between ascariasis and war service or defence service rendered by veterans and members of the Forces, respectively. This legislative instrument applies to veterans and members of the Forces who contracted ascariasis, a parasitic infection, and who served in specific areas described in the Schedule, which includes parts of Africa, Asia, Central and South America, the Caribbean, and certain states in the United States. The determination hinges on whether the individual was present in these areas before the onset of the infection or was unable to obtain appropriate clinical management for the condition during their service. For the inability to obtain treatment factor, the infection must have been contracted before the relevant period of service, and the relationship between the infection and the service must align with certain provisions of the Act.
Exclusions and exemptions are implied by the conditions set out in the Statement of Principles; if the veteran or member of the Forces was not in the specified areas before the onset of ascariasis or if their risk of contracting the infection outside of service was significantly greater than from service-related exposure, then the infection may not be connected to their service. Additionally, the inability to obtain appropriate clinical management applies only under certain circumstances, such as if the infection was contracted before the relevant service period and if the relationship between the infection and the service falls under specific sections of the Act. The geographic and jurisdictional reach of this legislation is federal, as it is issued under the Commonwealth's authority as outlined in the Veterans' Entitlements Act 1986.
Key Provisions
The main operative sections of this legislative instrument, under the Veterans’ Entitlements Act 1986, establish the criteria for determining whether a case of ascariasis or death from ascariasis can be related to eligible war service or defence service. Specifically, section 1(a) stipulates that the individual must have been in a specified area before the clinical onset of ascariasis, unless the risk of contracting the infection from sources unrelated to service was significantly greater than the risk from being in that area during service. Section 1(b) states that the inability to obtain appropriate clinical management for ascariasis must be related to the service. Section 3 adds that the factor in 1(b) applies only if the ascariasis was contracted before the relevant period of service, and the relationship is of a specific kind as outlined in paragraphs 8(1)(e), 9(1)(e), or 70(5)(d) of the Act.
The Act imposes several obligations on the parties it governs. Firstly, veterans or members of the Forces must provide evidence that they were in one of the specified areas before the onset of ascariasis, unless the risk of infection from non-service-related sources was higher. Secondly, they must demonstrate that they were unable to obtain appropriate clinical management for ascariasis during their service, if this is relevant to their case. Furthermore, the Repatriation Medical Authority must evaluate the evidence presented by the individual and determine whether the factors outlined in the Act are met to establish a connection between ascariasis and the service.
The legislative instrument also outlines potential consequences for non-compliance or breach of its provisions. Although the specific penalties for breaches are not detailed in the instrument, under the broader framework of the Veterans’ Entitlements Act 1986, breaches could lead to civil or criminal penalties. These may include fines or imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined by the courts based on the specific circumstances of each case.