Instrument No.25 of 1995
Statement of Principles
concerning
SCRUB TYPHUS
ICD CODE: 081.2
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that scrub typhus and death from scrub typhus can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act 1986, that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting scrub typhus or death from scrub typhus with the circumstances of that service, are:
(a) being in an area indicated by the shaded area on the map contained in the Schedule not more than 21 days before the clinical onset of scrub typhus; or
(b) inability to obtain appropriate clinical management for scrub typhus.
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 scrub typhus was contracted prior to a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the scrub typhus and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the Act.
4. For the purposes of this Statement of Principles:
“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; and
“scrub typhus” means a rickettsial disease attracting ICD code 081.2 that is:
(a) caused by R tsutsugamushi;
(b) limited to eastern and south-eastern Asia, India, northern Australia and to all islands immediately proximate to these areas;
(c) transmitted by the larvae of several species of mites, particularly Leptotrombidium (Trombicula) akamushi and L.deliense); and
(d) characterised by:
(i) a primary lesion at the site of the bite of an infected mite;
(ii) a fever of about two weeks duration;
(iii) a cutaneous rash which develops about the fifth day; and
(iv) the appearance late in the second week of agglutinins of the OX-K strain of Proteus bacillus.
SCHEDULE
Dated this twelfth day of January 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Veterans’ Entitlements Act 1986 was enacted to provide a comprehensive scheme of rights and benefits for veterans, their dependants, and those who have provided peacekeeping or hazardous service. This Act was introduced to address the need for a structured legislative framework that recognises and supports individuals who have served in various capacities, ensuring they receive appropriate entitlements and benefits. The Repatriation Medical Authority, under subsection 196B(2) of the Act, has established a Statement of Principles concerning scrub typhus, recognising the connection between scrub typhus and specific service circumstances. This legislative instrument aims to establish the minimum factors required to connect scrub typhus or death from scrub typhus with operational, peacekeeping, or hazardous service, thereby ensuring that affected veterans and service members can access the necessary support and benefits.
Scope and Application
The Statement of Principles concerning SCRUB TYPHUS, issued under subsection 196B(2) of the Veterans’ Entitlements Act 1986, applies to veterans, members of peacekeeping forces, and members of the Australian Defence Force who have been exposed to or contracted scrub typhus during their operational service, peacekeeping service, or hazardous service. The legislation mandates that for a reasonable hypothesis connecting scrub typhus or death from scrub typhus with the service circumstances to be established, the individual must have been in an area indicated by the shaded area on the map contained in the Schedule not more than 21 days before the clinical onset of scrub typhus or must have been unable to obtain appropriate clinical management for the disease. This principle is applicable nationally across Australia and extends to relevant veterans, their families, and the entities involved in their care and compensation. The statement also includes specific ICD coding for scrub typhus, clarifying its definition and geographical prevalence. Any exclusions or exemptions are not specified in the text, and the principles set forth are subject to the conditions and definitions provided within the Statement of Principles.
Key Provisions
The key provisions of the Statement of Principles concerning Scrub Typhus (F2007B00413) are primarily outlined in the legislative instrument No. 25 of 1995, which pertains to the Veterans' Entitlements Act 1986, specifically under subsection 196B(2). The Statement of Principles determines that there must be a sound medical-scientific connection between scrub typhus or death from scrub typhus and the operational, peacekeeping, or hazardous service rendered by veterans. According to section 1, for a reasonable hypothesis to be raised connecting scrub typhus or death from it with the service circumstances, at least one of the factors in sections 1(a) or 1(b) must exist. Section 1(a) requires that the individual must have been in a specific area not more than 21 days before the clinical onset of scrub typhus, as indicated by the shaded area on the map contained in the Schedule. Section 1(b) applies if the person was unable to obtain appropriate clinical management for scrub typhus before the service period, provided that the scrub typhus was contracted before the service and the relationship between the disease and the service falls under certain specified categories in the Act.
The obligations imposed by this Act on the parties it governs include ensuring that veterans who have contracted scrub typhus or died from it can establish a connection to their service. Specifically, they must provide evidence of being in the designated area within the 21-day period before the onset of the disease or demonstrate an inability to obtain appropriate clinical management prior to the service. This evidence is crucial for veterans seeking benefits or compensation related to their service and scrub typhus. The Repatriation Medical Authority is tasked with assessing this evidence and determining whether the factors outlined in the Statement of Principles are met.
Failure to comply with the requirements of this legislation or providing false information may lead to civil or criminal consequences. While the specific penalties are not detailed in the Statement of Principles, breaches of similar legislative instruments typically incur fines and potential imprisonment under the applicable laws governing veterans' entitlements and medical assessments. The penalties could range from substantial fines to imprisonment, depending on the severity and intent of the breach. It is important for veterans and their representatives to ensure that all required evidence and information are accurate and complete to avoid any adverse legal consequences.