Statement of Principles concerning dengue fever No. 16 of 2001

Overview

The Repatriation Medical Authority, under subsection 196B(3) of the Veterans' Entitlements Act 1986, has revoked Instrument No.140 of 1995 and determined a new Statement of Principles concerning dengue fever. The purpose of this legislative instrument is to address the medical-scientific evidence suggesting that dengue fever and death from dengue fever can be linked to the service rendered by veterans or members of the Forces. The Repatriation Medical Authority is of the view that it is more probable than not that these conditions can be related to relevant service. This new Statement of Principles identifies specific factors that must exist before a connection can be made between dengue fever or death from dengue fever and the circumstances of a person's relevant service, such as being infected with certain dengue viruses within a specified timeframe before the clinical onset of dengue fever or the inability to obtain appropriate clinical management for dengue fever. The instrument also outlines how other related Statements of Principles apply in accordance with their terms.

Scope and Application

This legislative instrument, numbered 16 of 2001, pertains to the Veterans' Entitlements Act 1986 and specifically addresses dengue fever and death from dengue fever within the veteran community. The instrument revokes Instrument No.140 of 1995 and introduces a new Statement of Principles concerning the diagnosis and relatedness of dengue fever to service rendered by veterans or members of the Forces. This legislation applies to veterans and current or former members of the Australian Defence Force who contracted dengue fever or died from dengue fever. The instrument outlines the circumstances under which dengue fever or death from dengue fever can be related to the service, such as being infected with dengue viruses types 1, 2, 3, or 4 within specific timeframes relative to the onset of symptoms, or the inability to obtain appropriate clinical management. The scope of the Act extends to the Commonwealth jurisdiction, covering all matters to which section 120B of the Act applied. There are no stated exclusions or exemptions within this instrument; however, it does specify conditions under which certain factors apply, such as the material contribution or aggravation of dengue fever where the infection predates or coincides with relevant service but is not arising out of that service.

Key Provisions

This legislative instrument revokes the previous Statement of Principles concerning dengue fever and replaces it with new provisions (section 1). The new Statement of Principles applies to dengue fever and death from dengue fever, defined as a clinical illness due to a viral infection from dengue viruses types 1, 2, 3, or 4, or dengue haemorrhagic fever (section 2). The Repatriation Medical Authority has determined that, based on available medical-scientific evidence, it is more probable than not that dengue fever and death from dengue fever can be related to relevant service rendered by veterans or members of the Forces (section 3). To establish a connection between dengue fever or death from dengue fever and relevant service, at least one of the factors in section 5 must be related to that service (section 4). These factors include being infected with dengue viruses types 1, 2, 3, or 4 within 14 days before the onset of dengue fever, or within 20 years before the onset of dengue haemorrhagic fever, or inability to obtain appropriate clinical management for dengue fever (section 5). The inability to obtain appropriate clinical management 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 (section 6). If a relevant factor includes an injury or disease in respect of which there is another Statement of Principles, then the factors in that Statement of Principles apply (section 7). This instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applied (section 9). The obligations under this Act primarily concern the Repatriation Medical Authority, which must determine the factors that establish a connection between dengue fever or death from dengue fever and relevant service rendered by veterans or members of the Forces. The Authority must also ensure that the new Statement of Principles is applied in all relevant matters, replacing the previous provisions. This involves reviewing claims and assessing whether the specified factors have been met to establish a probable connection between the illness or death and the relevant service. For breaches of the provisions of this Act, there are potential civil or criminal consequences, although specific penalties are not outlined in the Act itself. Generally, breaches of legislative instruments in Australia can result in penalties such as fines or imprisonment, depending on the severity of the breach and the specific provisions of the Act under which the breach is prosecuted. The maximum penalties would typically be determined by the relevant courts based on the specific nature of the breach and the applicable laws.