Statement of Principles concerning malaria No. 173 of 1995

Overview

The Statement of Principles concerning Malaria, issued in 1995 under the Veterans’ Entitlements Act 1986, was enacted to address the medical-scientific evidence suggesting a probable connection between malaria and death from malaria and eligible war service rendered by veterans and defence service rendered by members of the Forces, excluding operational and hazardous service respectively. This legislative instrument was issued by the Repatriation Medical Authority, an entity established under the Act, to provide clarity on the circumstances that would establish a connection between malaria and the relevant service. The policy objective was to ensure that veterans and service members who contracted malaria during their service, or were unable to obtain appropriate clinical management for malaria, could be recognised for the potential link to their service, thereby facilitating their access to appropriate entitlements and support. The Statement of Principles sets out specific factors that must exist for malaria or death from malaria to be considered connected with the service in question, including being in an area where malaria transmission has occurred before the clinical onset of the disease or being unable to obtain appropriate clinical management for malaria. These factors are intended to be applied in conjunction with the provisions of the Veterans’ Entitlements Act, providing a framework for assessing claims related to malaria contracted during service. The detailed maps and descriptions of areas with malarial transmission provided in the Schedule aim to assist in determining whether the conditions set out in the Statement of Principles have been met.

Scope and Application

The Statement of Principles concerning Malaria under the Veterans’ Entitlements Act 1986 outlines the criteria for determining the connection between malaria contracted by veterans and their service, specifically focusing on areas where malaria transmission has occurred. This legislative instrument applies to veterans and defence personnel who contracted malaria during their service, with the determination made based on their presence in a malarial area before the onset of the disease or their inability to obtain appropriate clinical management for malaria. The geographic scope of the Statement covers various regions around the world, including specific states within the USA, parts of Europe, Asia, Africa, and Australia, as delineated in the Schedule attached to the instrument. The application of this Statement is subject to the specific time periods mentioned in the Schedule, indicating areas of malarial transmission before 1 January 1950, between 1 January 1950 and 1 January 1969, and on or after 1 January 1969. The application extends to those who were in these areas before their clinical onset of malaria or those who contracted the disease prior to their service and were unable to receive adequate treatment. The determination of connection to service is also subject to the criteria set out in the Veterans’ Entitlements Act 1986. The Statement of Principles also provides for the exclusion of certain relationships between the service and the malaria, specifying that the inability to obtain appropriate clinical management applies only if the malaria was contracted before the service or if the relationship falls under specific subsections of the Act. This legislative instrument is integral to the process of validating claims made by veterans regarding the connection between their service and their health conditions, thereby facilitating their eligibility for benefits under the Act.

Key Provisions

The Statement of Principles concerning Malaria (F2008B00325, Instrument No.173 of 1995) sets out the conditions under which malaria contracted by veterans or members of the Australian Defence Force can be linked to their service, particularly when the service was not operational or hazardous. According to section 1, a connection between malaria and service can be made if the person was in a specified area before the onset of symptoms, or if they could not obtain appropriate clinical management for the disease. This is elaborated in section 2, which requires that at least one of these conditions must be related to the service rendered. Additionally, section 3 clarifies that the inability to obtain clinical management applies only if the malaria was contracted before the service and if the relationship between the disease and the service falls under specific subsections of the Veterans’ Entitlements Act 1986. The obligations imposed by this Statement of Principles are primarily on the Repatriation Medical Authority, which must assess whether the conditions set out in the principles are met in individual cases. The Authority must also determine whether the veteran or member of the Defence Force was in a specified area before the onset of malaria, and whether they were unable to obtain appropriate clinical management, as outlined in the document. Furthermore, the Authority must consider the specific relationship between the malaria and the service, as delineated in the Act. Failure to comply with the conditions outlined in the Statement of Principles can result in significant consequences. While the document does not explicitly detail offences, penalties, or consequences for breach, it is implied that such non-compliance could affect the eligibility of veterans or Defence Force members for certain entitlements under the Veterans’ Entitlements Act 1986. Given the legislative context, breaches might also be subject to the general legal consequences for non-compliance with statutory requirements, which could include civil or administrative penalties as prescribed by the relevant legislation.