Statement of Principles concerning dengue fever No. 15 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B01694 Not in force Legislative Instrument

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Instrument No.15 of 2001

 

Revocation and Determination

of

Statement of Principles

concerning

 

DENGUE FEVER

 

ICD-10-AM CODES: A90, A91

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a)               revokes Instrument No.139 of 1995; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about dengue fever and death from dengue fever.

 

(b)              For the purposes of this Statement of Principles, “dengue fever” means a clinical illness due to:

(i)                a viral infection due to dengue viruses types 1, 2, 3, or 4, or

(ii)              dengue haemorrhagic fever,

attracting ICD-10-AM code A90 or A91.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that dengue fever and death from dengue fever can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting dengue fever or death from dengue fever with the circumstances of a person’s relevant service are:

 

(a) being infected with dengue viruses types 1, 2, 3, or 4 within the 14 days immediately before the clinical onset of dengue fever; or

 

(b)              for dengue haemorrhagic fever only, being infected with dengue viruses types 1, 2, 3, or 4 within the 20 years immediately before the clinical onset of dengue fever; or

 

(c) inability to obtain appropriate clinical management for dengue fever.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(c) applies only to material contribution to, or aggravation of, dengue fever where the person’s dengue fever was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

 

Inclusion of Statements of Principles

7. 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.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

“death from dengue fever” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s dengue fever;

 

“dengue haemorrhagic fever” means a complication of infection with dengue virus that is characterised by high fever, and haemorrhagic phenomena.  The pathophysiological changes underlying the condition are an increased vascular permeability and disordered haemostasis;

 

“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), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“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

9. This Instrument applies to all matters to which section 120A of the Act applied.

 

 

Dated this  Twenty-second  day of     February   2001

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

KEN DONALD

CHAIRMAN

Overview

The Instrument No.15 of 2001, enacted in 2001, is a legislative instrument under the Veterans’ Entitlements Act 1986. This instrument revokes the previous Instrument No.139 of 1995 and establishes a new Statement of Principles concerning dengue fever and death from dengue fever for the purposes of the Act. The Repatriation Medical Authority, under subsection 196B(2) of the Act, introduced this instrument to address the issue of sound medical-scientific evidence indicating a potential connection between dengue fever, death from dengue fever, and relevant military service. This legislation aims to ensure that veterans, members of Peacekeeping Forces, and members of the Forces receive appropriate consideration and benefits if their service has contributed to or aggravated their condition. The instrument outlines specific factors that must be related to a person's relevant military service for a reasonable hypothesis to be raised connecting dengue fever or death from dengue fever with that service. These factors include being infected with dengue viruses within a specified timeframe before the onset of symptoms, or being unable to obtain appropriate clinical management for dengue fever. The policy objective of this instrument is to provide clarity and ensure fair treatment for those affected by dengue fever in the context of their military service.

Scope and Application

The legislative instrument under consideration pertains to the Veterans’ Entitlements Act 1986, specifically focusing on the Statement of Principles concerning dengue fever, which is identified by ICD-10-AM codes A90 and A91. The Repatriation Medical Authority has revoked Instrument No.139 of 1995 and introduced a new Statement of Principles to address the medical and scientific evidence indicating a link between dengue fever and relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Armed Forces. This legislative instrument applies to all matters to which section 120A of the Veterans’ Entitlements Act 1986 applied, thereby ensuring that relevant service members who have contracted dengue fever or died from it, under specified conditions, are covered. The new Statement of Principles stipulates that for a reasonable hypothesis connecting dengue fever or death from dengue fever with the circumstances of a person’s relevant service to be raised, certain factors must be met, including infection with dengue viruses within a specific timeframe or inability to obtain appropriate clinical management. This legislative instrument aims to provide clarity and support for affected veterans and their families by ensuring that medical evidence is properly considered in the context of their service.

Key Provisions

This legislative instrument revokes Instrument No.139 of 1995 and establishes a new Statement of Principles concerning dengue fever and death from dengue fever for the purposes of the Veterans’ Entitlements Act 1986 (section 1). The Repatriation Medical Authority has determined that there is sufficient medical-scientific evidence to link dengue fever and death from dengue fever to relevant service by veterans, members of Peacekeeping Forces, or members of the Forces (section 3). The factors that must exist to connect dengue fever or death from dengue fever with a person’s relevant service include being infected with dengue viruses types 1, 2, 3, or 4 within certain timeframes or being unable to obtain appropriate clinical management for dengue fever (section 5). The instrument also includes definitions for terms such as "relevant service" and "terminal event" and applies to all matters to which section 120A of the Act applied (sections 2, 8, and 9). The Repatriation Medical Authority, under the Veterans’ Entitlements Act 1986, is responsible for determining the factors that must be related to any relevant service rendered by a person in order to connect dengue fever or death from dengue fever with that service (section 4). This includes ensuring that at least one of the factors outlined in section 5 is related to the relevant service. The Authority must also consider whether any relevant factors include an injury or disease in respect of which there is a Statement of Principles, in which case the factors in that Statement of Principles apply in accordance with its terms (section 7). The Authority must apply this Statement of Principles to all matters to which section 120A of the Act applied (section 9). There are no specific offences, penalties, or civil/criminal consequences outlined in this legislative instrument for breach of its provisions. However, the instrument is part of the framework established by the Veterans’ Entitlements Act 1986, which may include provisions for penalties and consequences for non-compliance with its requirements. The maximum penalties for breaches of the Act would be determined by the relevant sections of that Act and any subsidiary legislation or regulations. The primary focus of this instrument is to establish the medical-scientific basis for linking dengue fever and death from dengue fever with relevant service by veterans, members of Peacekeeping Forces, or members of the Forces, and to provide a clear framework for determining the factors that must be related to such service.

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