Instrument No.173 of 1995
Statement of Principles
concerning
MALARIA
ICD CODE: 084
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 malaria and death from malaria 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, malaria or death from malaria is connected 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), or 70(5)(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
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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.
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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.
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Table 2 (continued)
Note: the shaded areas shown in the map are indications of the areas described above.
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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.
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Table 3 (continued)
Note: the shaded areas shown in the map are indications of the areas described above.
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Dated this Twenty-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