Statement of Principles concerning human immunodeficiency virus No. 1 of 1996

Administered by Department of Veterans' Affairs

Legislation au F2008B00204 Not in force Legislative Instrument

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Instrument No.1 of 1996

 

Determination

of

Statement of Principles

concerning

HUMAN IMMUNODEFICIENCY VIRUS

ICD CODES: 042, 079.53

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about human immunodeficiency virus and death from human immunodeficiency virus.

 

(b) For the purposes of this Statement of Principles, “human immunodeficiency virus (HIV)” means infection with one of the human retroviruses HIV-1 or HIV-2 which are of the lentivirus subfamily and are characterised by a genome containing, as well as the genes, gag, pol and env, at least six other genes (tat, rev, nef, vif, vpr, vpu (HIV-1 only) and vpx (HIV-2 only) that encode for proteins which are involved in the regulation of HIV expression, attracting ICD code 042 or 079.53.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that human immunodeficiency virus 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, the factors set out in at least one of the paragraphs 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 human immunodeficiency virus or death from human immunodeficiency virus with the circumstances of a person’s relevant service are:

 

(a) receiving a blood transfusion, a blood product injection or an organ transplant, after 1 January 1975, that was not screened for human immunodeficiency virus, and within the 15 years immediately before clinical evidence of infection with human immunodeficiency virus; or

 

(b) being injected, or undergoing a dental procedure, or a surgical procedure (including tattooing), after 1 January 1975, involving an unsterilised needle or unsterilised instruments, and within the 15 years immediately before the clinical evidence of infection with human immunodeficiency virus; or

 

(c) suffering a wound, laceration, or other injury or disease disrupting skin integrity, after 1 January 1975, that may have been contaminated by the body fluids of a person not proven to be negative for human immunodeficiency virus, and within the 15 years immediately before the clinical evidence of infection with human immunodeficiency virus; or

 

(d) being a parenteral drug user and sharing needles, after 1 January 1975, and within the 15 years immediately before the clinical evidence of infection with human immunodeficiency virus; or

 

(e) having had unprotected sexual intercourse, after 1 January 1975, with a person not proven to be negative for human immunodeficiency virus, and within the 15 years immediately before the clinical evidence of infection with human immunodeficiency virus; or

 

(f) undergoing artificial insemination with donor semen, after 1 January 1975, that was not screened for human immunodeficiency virus, and within the 15 years immediately before the clinical evidence of infection with human immunodeficiency virus; or

 

(g) inability to obtain appropriate clinical management for human immunodeficiency virus.

 

Note:  (this note forms part of the instrument) Factors 1(a) to 1(f) only apply where there is no evidence of negative serology for human immunodeficiency virus three years or more after the reported exposure to HIV.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(g) applies only to material contribution to, or aggravation of, human immunodeficiency virus where the person’s human immunodeficiency virus 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.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“artificial insemination” means the introduction of semen into the vagina, cervix or uterus by artificial means.  This procedure is used as a treatment for infertility;

 

“blood product injection” means the injection of material extracted from human blood;

 

“body fluids” means blood, serum, serous discharge, saliva, tears, seminal fluid, bile, or vaginal secretions;

 

“clinical evidence of infection with human immunodeficiency virus” means serological evidence of infection with HIV-1 or HIV-2, the development of Acquired Immunodeficiency Syndrome (AIDS), AIDS-like Syndrome or AIDS-related complex;

 

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;

 

“laceration” means a mechanically produced wound that:

 

(a) interrupts the continuity of the epidermis or other external tissue by:

 

(i) tearing; or

(ii) scraping; or

(iii) cutting; and

 

(b) may or may not penetrate to the subcutaneous tissues; and

 

(c) was not caused by a:

 

(i) gunshot; or

(ii) missile; or

(iii) explosive device or fragment thereof; or

(iv) burn;

 

“parenteral drug user” means a person who injects or causes to be injected, addictive or recreational drugs into their body;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“sexual intercourse” means physical contact between two or more individuals which involves stimulation of the genital organs of at least one of the individuals and which involves the transfer of blood, serum, seminal fluid or vaginal secretions between any two of the individuals.  Sexual intercourse does not include orogenital sex or kissing, even kissing associated with the exchange of saliva;

 

“unprotected sexual intercourse” means sexual intercourse without barrier protection of the genitals, such as a sheath or condom, which prevents the transfer of body fluids between the two individuals.

 

 

 

Dated this Sixteenth    day of January   1996

 

 

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 Human Immunodeficiency Virus (HIV) was determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986. The Statement addresses the relationship between HIV infection or death from HIV and relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Australian Defence Force. It identifies certain factors that must be related to service to establish a connection between HIV and the circumstances of a person's relevant service. The policy objective of the Statement is to provide a framework for determining whether HIV contracted by veterans or members of Peacekeeping Forces or the Australian Defence Force can be connected to their service, thereby ensuring appropriate entitlements and benefits under the Act.

Scope and Application

The Statement of Principles concerning Human Immunodeficiency Virus (HIV) and death from HIV under the Veterans’ Entitlements Act 1986 applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who contracted HIV or died from HIV under specific conditions related to their service. The principles are intended to establish a connection between the veterans' service and the HIV infection or death, thereby qualifying them for entitlements under the Act. The geographic scope of the Statement of Principles is nationwide, as it pertains to all relevant service rendered by individuals within Australia’s military and peacekeeping forces. The Statement of Principles delineates specific factors that must exist to establish a connection between the HIV infection or death and the service, such as receiving a blood transfusion or blood product injection that was not screened for HIV, undergoing certain medical procedures with unsterilised instruments, or suffering an injury that may have been contaminated by body fluids of an untested individual, all occurring after 1 January 1975 and within 15 years before the clinical evidence of infection with HIV. These factors are subject to certain conditions, and the Statement of Principles further specifies that some factors only apply to material contribution or aggravation of HIV where the infection was suffered before or during the relevant service. The application of the Act extends through subordinate instruments that may further define or modify the criteria for establishing the required connection between the service and the HIV infection or death.

Key Provisions

The Statement of Principles, as determined under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (section 1), pertains to human immunodeficiency virus (HIV) infection and death from HIV. It outlines the specific circumstances under which HIV infection or death from HIV may be considered related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (section 2). The Repatriation Medical Authority has found sound medical-scientific evidence to support a connection between HIV and relevant service (section 3). For a reasonable hypothesis to be raised connecting HIV or death from HIV with a person’s service, at least one of the specified factors must exist and be related to that service (section 4). The factors include receiving a blood transfusion, blood product injection, or organ transplant after 1 January 1975 that was not screened for HIV (section 5(a)); being injected or undergoing a dental or surgical procedure after 1 January 1975 involving an unsterilised needle or instrument (section 5(b)); suffering a wound, laceration, or injury after 1 January 1975 that may have been contaminated by the body fluids of a person not proven to be HIV-negative (section 5(c)); being a parenteral drug user and sharing needles after 1 January 1975 (section 5(d)); engaging in unprotected sexual intercourse with a person not proven to be HIV-negative after 1 January 1975 (section 5(e)); undergoing artificial insemination with donor semen after 1 January 1975 that was not screened for HIV (section 5(f)); or being unable to obtain appropriate clinical management for HIV (section 5(g)). Factors (a) to (f) apply only if there is no evidence of negative serology for HIV three years or more after exposure (note). The obligations imposed by the Act on parties include ensuring that any claim for benefits related to HIV infection or death from HIV must be supported by evidence that the infection or death was related to relevant service under the conditions specified. This involves providing documentation and evidence of exposure to one or more of the factors outlined in section 5, as well as demonstrating a direct connection to the service provided. The Act requires the Repatriation Medical Authority to review and assess the evidence submitted to determine if the conditions for entitlement are met. There are no specific offences, penalties, or civil/criminal consequences outlined in this Statement of Principles. However, the failure to meet the conditions set out for a claim to be considered valid could result in the denial of benefits. The primary consequence of non-compliance would be the inability to receive compensation or other entitlements related to HIV infection or death from HIV under the Veterans’ Entitlements Act 1986. This underscores the importance of adhering to the stipulated factors and providing comprehensive evidence to support the claim.

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