Statement of Principles concerning ross river fever No. 79 of 1997

Overview

The Statement of Principles concerning Ross River Fever ICD Code: 066.3, enacted under the Veterans’ Entitlements Act 1986, was introduced to address the issue of recognising Ross River fever and related deaths as service-related conditions for veterans, members of Peacekeeping Forces, and members of the Forces. This legislative instrument was determined by the Repatriation Medical Authority, which identified a sound medical-scientific basis for linking Ross River fever to relevant service rendered by these individuals. The policy objective is to ensure that veterans who contracted Ross River fever during their service, or those who were at an increased risk of exposure to the virus due to their service, are acknowledged and potentially compensated for their service-related health conditions. This Statement of Principles sets out the criteria for establishing a connection between the disease and the service, including the requirement for increased risk of exposure to mosquitoes in areas with Ross River virus transmission, and the inability to obtain appropriate clinical management for the fever.

Scope and Application

The Statement of Principles concerning Ross River Fever under the Veterans’ Entitlements Act 1986 applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have contracted Ross River fever or died from the disease. This determination is made by the Repatriation Medical Authority and is focused on the relationship between the disease and the circumstances of the person's relevant service, which includes operational, peacekeeping, or hazardous service. The determination applies to individuals who have been exposed to an increased risk of mosquitoes carrying the Ross River virus in specific geographical areas such as Australia, Papua New Guinea, and various South Pacific Islands, at least three days but no more than 30 days before the onset of the disease. Additionally, the principle applies where there was an inability to obtain appropriate clinical management for Ross River fever. The determination outlines specific criteria that must be met to establish a connection between the disease and the person’s service, and it does not apply if the disease arose out of the person's service. The scope of this legislation is further defined and may be extended through subordinate instruments under the Act.

Key Provisions

The Statement of Principles under the Veterans' Entitlements Act 1986 (section 1) clarifies the conditions under which Ross River fever and death from Ross River fever can be considered related to relevant service rendered by veterans, Peacekeeping Forces, or members of the Forces. The relevant service includes operational, peacekeeping, or hazardous service (section 7). The determination is based on sound medical-scientific evidence that links Ross River fever or death from Ross River fever to these services (section 3). For a connection to be established, at least one of the specified factors must be related to the service (section 4). The factors include increased risk of exposure to mosquitoes in a geographical area with Ross River virus within a specific timeframe before the onset of Ross River fever, or an inability to obtain appropriate clinical management for Ross River fever (section 5). The Repatriation Medical Authority outlines specific obligations and requirements for the application of these provisions. Any claim for compensation or benefits related to Ross River fever or death from Ross River fever must be substantiated by evidence that the claimant was exposed to increased risk of mosquito bites in a geographical area with Ross River virus, or that they were unable to obtain appropriate clinical management for Ross River fever, within the relevant timeframe (section 5). The claimant must demonstrate a link between their relevant service and at least one of the specified factors (section 4). Additionally, the authority may consider other contributing factors if the disease was contracted before or during the relevant service, but not arising out of it (section 6). Breach of the obligations or failure to meet the requirements outlined in this Statement of Principles could result in the denial of compensation or benefits related to Ross River fever or death from Ross River fever. The Act itself does not specify criminal or civil penalties for non-compliance in this context, but it is important for claimants to provide accurate and complete information to ensure their entitlements are properly assessed and awarded. The authority retains the discretion to review and verify the evidence presented to determine the eligibility for benefits under the Veterans' Entitlements Act 1986.