Statement of Principles concerning malaria No. 172 of 1995

Administered by Department of Veterans' Affairs

Legislation au F2008B00324 Not in force Legislative Instrument

Legislation content

Instrument No.172 of 1995

 

 

Statement of Principles

concerning

MALARIA

ICD CODE: 084

Veterans’ Entitlements Act 1986
subsection 196B(2)

1. Being of the view that there is sound medical-scientific evidence that indicates that malaria and death from malaria 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 malaria or death from malaria with the circumstances of that service, are:

 

(a) being in an area described in the Schedule before the clinical onset of malaria; or

 

(b) inability to obtain appropriate clinical management for malaria.

 

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 malaria 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 malaria 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:

 

“being in an area described in the Schedule” means being in an area indicated by the shaded area on a map contained in the Schedule, at a time when the area is specified by the Schedule, such an area being an area in which the transmission of malaria has occurred;

 

“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;

 

“malaria” means infection by a parasite of the genus Plasmodium, being Plasmodium falciparum, P. vivax, P. malariae or P. ovale, attracting ICD code 084.

 

 


Schedule

 

Table 1— areas of malarial transmission before 1 January 1950

 

The following States within the United States of America:

 Alabama

 Arkansas

 California

 Delaware

 District of Colombia

 Florida

 Georgia

 Indiana

 Iowa

 Kansas

 Kentucky

 Louisiana

 Michigan

 Mississippi

 Missouri

 North Carolina

 Ohio

 Oklahoma

 Oregon

 Pennsylvania

 South Carolina

 Tennessee

 Texas

 Virginia

 Washington

 West Virginia

 Wisconsin

Mexico

West Indies

Central America

Colombia

Venezuela

Guyana

Suriname

French Guiana

Brazil

Ecuador

Peru

Bolivia

Paraguay

 

Table 1 (continued)

 

Continental Europe, excluding Scandinavia

Finland

Sweden

England

Islands within the Mediterranean Sea

All that part of the continent of Asia south of 60 degrees North, excluding Mongolia

The continent of Africa and related islands, excluding Libya and South Africa

Madagascar

Islands in the Indian Ocean north of 24 degrees South

Indonesia

Japan

Taiwan

Philippines

Malaysia

Singapore

Brunei

Papua New Guinea

Solomon Islands

New Hebrides

That part of Australia north of 24 degrees South

 

Note: where an area is identified by the name of a country, the area is the geographic area of the relevant country as at 1995.

 

Note: the shaded areas shown in the map are indications of the areas described above.

 

 

 

 


Table 2— areas of malarial transmission on or after 1 January 1950
but before 1 January 1969

 

The following States within the United States of America:

 Alabama

 Arkansas

 Florida

 Georgia

 Illinios

 Indiana

 Kansas

 Louisiana

 Mississippi

 Missouri

 Oklahoma

 South Carolina

 Texas

Mexico

West Indies

Central America

Colombia

Venezuela

Guyana

Suriname

French Guiana

Brazil

Ecuador

Peru

Bolivia

Paraguay

The continent of Africa and related islands, excluding Libya and South Africa

Madagascar

Islands in the Indian Ocean north of 24 degrees South

All that part of the continent of Asia south of 60 degrees North, excluding Europe and Mongolia

Belarus

Ukraine

Greece

Albania

The former Yugoslav Republic of Macedonia

Bulgaria

Sri Lanka

Malaysia

Indonesia

Taiwan

Philippines

Brunei

Papua New Guinea

Solomon Islands

New Hebrides

That part of the Northern Territory north of 15 degrees South

 

Note: where an area is identified by the name of a country, the area is the geographic area of the relevant country as at 1995.

 

Table 2 (continued)

 

 

Note: the shaded areas shown in the map are indications of the areas described above.

 

 

 


Table 3—areas of malarial transmission on or after 1 January 1969

 

Mexico

West Indies

Central America

Colombia

Venezuela

Guyana

Suriname

French Guiana

Brazil

Ecuador

Peru

Bolivia

Paraguay

The continent of Africa and related islands (excluding Libya, Egypt, Algeria, Tunisia, Morocco, South Africa and Lesotho)

Madagascar

Yemen

Turkey

Cyprus

Syria

Iraq

Iran

Jordan

Israel

Lebanon

Afghanistan

Pakistan

India

Bangladesh

Nepal

Bhutan

Sri Lanka

That area of China (excluding Taiwan) south of a line between 30 degrees latitude North, 95 degrees longitude East and 34 degrees latitude North, 120 degrees longitude East.

Myanmar (Burma)

Thailand

Malaysia

Indonesia

Vietnam

Laos

Cambodia

Philippines

Papua New Guinea

Solomon Islands

New Hebrides

 

Note: where an area is identified by the name of a country, the area is the geographic area of the relevant country as at 1995.

 

Table 3 (continued)

 

 

Note: the shaded areas shown in the map are indications of the areas described above.

 

 

 

 

 

Dated this  Twent-fifth day of  May 1995

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

 

KEN DONALD

CHAIRMAN

Overview

The Veterans’ Entitlements Act 1986 was enacted to provide benefits and services to Australian veterans and their families. One of its provisions allows for the establishment of Statements of Principles to address specific medical conditions related to service. The Statement of Principles concerning Malaria was issued in 1995 under subsection 196B(2) of the Act by the Repatriation Medical Authority. This legislative instrument identifies the circumstances under which a reasonable hypothesis can be made connecting malaria or death from malaria to service in the Australian Defence Force, peacekeeping forces, or hazardous service, thus enabling eligible veterans to access appropriate benefits and support. The primary objective is to ensure that veterans who contracted malaria due to their service, or were unable to obtain appropriate clinical management for malaria during their service, are recognised and supported accordingly.

Scope and Application

The Statement of Principles concerning Malaria under the Veterans’ Entitlements Act 1986 establishes criteria to link malaria or death from malaria to operational service rendered by veterans, peacekeeping service by members of Peacekeeping forces, and hazardous service by members of the Forces. This legislative instrument applies to veterans, members of peacekeeping forces, and members of the Australian Defence Force who contracted malaria or died from malaria under specific conditions. The criteria outlined in the legislation require that the individual was in an area where malaria transmission occurred before the onset of the disease, or that they were unable to obtain appropriate clinical management for malaria in relation to their service. The geographic scope of the legislation includes numerous regions across the United States, various parts of Central and South America, Europe, Asia, Africa, and Oceania, as detailed in the Schedule to the legislation. Notably, the legislation does not explicitly exclude any persons or entities from its purview, but the application of these principles is contingent upon the specific conditions related to service and malaria exposure as stipulated. The Act’s application may be extended or restricted through subordinate instruments, although no such instruments are mentioned in this particular Statement of Principles.

Key Provisions

The Statement of Principles concerning Malaria, under subsection 196B(2) of the Veterans’ Entitlements Act 1986, establishes the criteria that must be met to establish a connection between malaria or death from malaria and the service rendered by veterans, peacekeeping forces, or members of the Forces. Specifically, the Repatriation Medical Authority determines that a reasonable hypothesis can be raised if the person was in an area where malaria transmission occurred before the onset of the disease or if they were unable to obtain appropriate clinical management for malaria (Section 1). The statement of principles further specifies that at least one of these factors must be related to the service rendered by the person (Section 2). Importantly, the inability to obtain appropriate clinical management applies only when the malaria was contracted before the service in question and the relationship between the malaria and the service falls within certain categories outlined in the Act (Section 3). These categories include operational service, peacekeeping service, and hazardous service. In terms of obligations, the Statement of Principles requires that any claim for a connection between malaria and service must demonstrate that the individual was either in a malarial transmission area before the onset of the disease or could not obtain appropriate clinical management. This includes providing evidence that the individual was present in a specified area at a specified time, as detailed in the Schedule to the Statement of Principles, which lists areas where malaria transmission has occurred. Additionally, the claimant must show that the inability to obtain appropriate clinical management occurred before the service in question and falls within the defined categories of service. The Statement of Principles does not explicitly outline specific offences or penalties for breach. However, any misrepresentation or failure to comply with the requirements of the Statement of Principles could potentially lead to civil or criminal consequences under the Veterans’ Entitlements Act 1986 or other relevant legislation. Such consequences could include fines, imprisonment, or the revocation of entitlements. While the maximum penalties are not specified within this Statement of Principles, they would typically be defined within the overarching legislation that governs veterans' entitlements and benefits.

Legal classification tags

Area of Law
Veterans’ Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.