Overview

The Statement of Principles concerning Schistosomiasis, issued in 1995 under the Veterans’ Entitlements Act 1986, was enacted to address the problem of linking schistosomiasis and resultant deaths to veterans' and members of the Forces' service, specifically when such service was not operational or hazardous. This legislative instrument, established by the Repatriation Medical Authority, provides a framework for determining the connection between schistosomiasis contracted by veterans and their service, focusing on factors such as exposure to water in areas where the Schistosoma blood fluke is known to be distributed and the inability to obtain appropriate clinical management. The policy objective of this legislation is to ensure that veterans who contracted schistosomiasis due to their service circumstances receive the appropriate entitlements and recognition, as per the medical-scientific evidence available at the time. This Statement of Principles outlines specific conditions that must be met for a connection to be established between schistosomiasis or death from schistosomiasis and the service rendered by veterans, thereby facilitating the application of relevant provisions under the Veterans’ Entitlements Act. The detailed geographical distribution of the Schistosoma blood fluke provided in the schedule assists in determining whether a veteran was exposed to the disease during their service.

Scope and Application

The Statement of Principles concerning Schistosomiasis under the Veterans’ Entitlements Act 1986 applies to eligible veterans and members of the Australian Defence Forces who may have contracted schistosomiasis during their service, particularly in areas where the Schistosoma blood fluke is prevalent. This legislative instrument identifies specific conditions under which a veteran or service member can claim that their schistosomiasis is connected to their service, such as exposure to contaminated water in designated areas before the onset of symptoms or failure to obtain appropriate clinical management for the disease. The determination is made by the Repatriation Medical Authority, which relies on medical-scientific evidence to establish the probable connection between the disease and the service. The geographic reach of this legislation is extensive, covering numerous countries and regions globally, as listed in the attached schedule. Notably, the application of these principles may be extended or modified through subordinate instruments, thereby impacting the scope and specifics of the entitlements.

Key Provisions

The main operative sections of the Statement of Principles concerning SCHISTOSOMIASIS (Instrument No.256 of 1995) under the Veterans’ Entitlements Act 1986 (the Act) determine the conditions under which schistosomiasis or death from schistosomiasis can be linked to war service or defence service (section 1). Specifically, it is more probable than not that schistosomiasis or death from it can be related to eligible war service or defence service if there was contact with water in an area where the Schistosoma blood fluke is known to be distributed before the onset of schistosomiasis, or if appropriate clinical management for schistosomiasis was not obtained (section 1(a) and (b)). Additionally, inability to obtain appropriate clinical management applies only where the schistosomiasis was contracted before a period or part of a period of service, and the relationship between the schistosomiasis and the service falls under specified categories (section 3). For the purposes of this Statement of Principles, “an area described in the Schedule” refers to an area listed in the attached schedule, which identifies countries and regions where the Schistosoma blood fluke is known to be distributed. The Act imposes specific obligations on the parties involved. Veterans and members of the Forces must demonstrate that at least one of the factors outlined in section 1 of the Statement of Principles is related to their service. This includes providing evidence of contact with water in an area described in the Schedule before the onset of schistosomiasis or proving that appropriate clinical management was not available. Additionally, if the factor related to the inability to obtain appropriate clinical management is being considered, they must show that the schistosomiasis was contracted before the relevant period of service and that the relationship between the schistosomiasis and the service falls under the specified categories mentioned in the Act. In terms of offences, penalties, or consequences for breach, the Statement of Principles itself does not explicitly outline penalties. However, under the Veterans’ Entitlements Act 1986, there are provisions for offences and penalties related to fraudulent claims or misrepresentations. Any breaches of these provisions could result in civil or criminal penalties. For example, under section 210 of the Act, a person who makes a false or misleading statement with the intention of obtaining a benefit or causing a benefit to be paid may be guilty of an offence. The maximum penalty for such an offence is a fine of up to $22,200 or imprisonment for up to two years, or both, under section 8A of the Crimes Act 1914. Additionally, in civil matters, a person who knowingly or negligently makes a false statement may be liable for damages under section 196D of the Act.