Statement of Principles concerning ross river fever No. 80 of 1997

Administered by Department of Veterans' Affairs

Legislation au F2008B00591 Not in force Legislative Instrument

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Instrument No.80 of 1997

 

Determination

of

Statement of Principles

concerning

ROSS RIVER FEVER

ICD CODE: 066.3

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about Ross River fever and death               from Ross River fever.

 

(b) For the purposes of this Statement of Principles, Ross River fever” means infection by a mosquito-borne alpha virus, known as Ross River virus, attracting ICD code 066.3.

 

Basis for determining the factors

3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that Ross River fever and death from Ross River fever can be related to relevant service rendered by veterans or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factors that must exist before it can be said that, on the balance of probabilities, Ross River fever or death from Ross River fever is connected with the circumstances of a person’s relevant service are:

 

(a) having an increased risk of exposure to mosquitoes in a geographical area with Ross River virus, at least three days, but not more than 21 days, immediately before the clinical onset of Ross River fever; or

 

(b) inability to obtain appropriate clinical management for Ross River fever.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(b) applies only to material contribution to, or aggravation of, Ross River fever where the person’s Ross River fever was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“increased risk of exposure to mosquitoes” means an increased risk of being bitten by mosquitoes bearing Ross River virus due to, for example, participation in outdoor activities or movement to an area with higher prevalence of Ross River fever;

 

“geographical area with Ross River virus” means one of the following areas which are reported to have, or to have had, Ross River virus transmission:

 

(i) Australia;

(ii) Papua New Guinea; and

(iii) the following South Pacific Islands:

 Solomon Islands;

 Fiji;

 Cook Islands;

 Tonga;

 American Samoa; and

 the French Polynesian Islands of New Caledonia, Wallis                             and Futuna;

 

 

“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 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other than hazardous service).

 

 

Dated this Eighth   day of  October                            1997

 

 

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 Ross River Fever was determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, with the aim of addressing the potential connection between Ross River fever and the service rendered by veterans or members of the Australian Defence Forces. This legislative instrument was introduced to fill a gap in the recognition of the health impacts of service-related exposure to Ross River virus, a mosquito-borne alpha virus. The determination recognises that veterans and Defence personnel may have an increased risk of exposure to Ross River virus due to their service, particularly in geographical areas with known transmission of the virus, such as Australia, Papua New Guinea, and several South Pacific Islands. The policy objective is to ensure that veterans who contracted Ross River fever during their service, or who were unable to obtain appropriate clinical management for the disease, are acknowledged and potentially compensated for their health conditions related to their service.

Scope and Application

The Statement of Principles concerning Ross River Fever, established under the Veterans' Entitlements Act 1986, pertains to veterans and members of the Australian Defence Force who have contracted Ross River fever or died from it. This determination by the Repatriation Medical Authority clarifies that there is a significant probability of a connection between such health issues and the service rendered by these individuals. The legislation applies to those who have served in eligible war service or defence service, excluding operational and hazardous service respectively, and have been exposed to the Ross River virus in specific geographical areas including Australia, Papua New Guinea, and various South Pacific Islands. The Act requires that at least one of the specified factors, such as increased risk of mosquito exposure or inability to obtain appropriate clinical management, must be linked to the service for a claim to be considered. This legislative instrument thus provides a framework for assessing and potentially compensating veterans affected by Ross River fever under the Act.

Key Provisions

The Statement of Principles, determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986, pertains to Ross River fever and death caused by this disease, specifically as it relates to veterans or members of the Australian Defence Force (ADF). The term "Ross River fever" is defined as an infection by a mosquito-borne alpha virus, Ross River virus, identifiable by the ICD code 066.3. The Repatriation Medical Authority has established that it is more likely than not that Ross River fever and death from this fever can be associated with relevant service rendered by veterans or members of the ADF. To establish a connection between Ross River fever and a person's service, there must be an increased risk of exposure to mosquitoes in a geographical area with Ross River virus, within a specified timeframe before the onset of the disease, or an inability to obtain appropriate clinical management for Ross River fever. These factors are outlined in detail to assist in the determination of service-related causation. The Statement of Principles imposes certain obligations on the parties involved, notably the requirement that at least one of the specified factors must be related to any relevant service rendered by the person in question. It is critical that evidence supporting the presence of these factors be presented to substantiate a claim for service-related Ross River fever. The onus is on the claimant to demonstrate a connection between their relevant service and the onset of Ross River fever or death from it. Additionally, the definition of "increased risk of exposure to mosquitoes" and "geographical area with Ross River virus" provides clear parameters for evaluating the likelihood of infection based on service-related activities and locations. Failure to comply with the provisions outlined in this Statement of Principles could lead to legal repercussions, though the specific offences, penalties, or consequences are not detailed within the instrument itself. The Veterans’ Entitlements Act 1986 may provide additional context regarding the enforcement of these provisions, including potential civil or criminal penalties for non-compliance. Given the legislative nature of the document, it is reasonable to infer that breaches could result in legal action, though the exact penalties are not specified within this particular Statement of Principles. As such, it is advisable for those involved to seek legal counsel to fully understand the implications of any potential breaches.

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