Statement of Principles concerning strongyloidiasis (Balance of Probabilities) (No. 64 of 2019)

Administered by Department of Veterans' Affairs

Legislation au F2019L00889 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

STRONGYLOIDIASIS

(BALANCE OF PROBABILITIES) (No. 64 of 2019)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Statement of Principles concerning strongyloidiasis (Balance of Probabilities) (No. 64 of 2019).

Background

2.             The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 89 of 2010 (Federal Register of Legislation No. F2010L02845) determined under subsection 196B(3) of the VEA concerning strongyloidiasis.

3.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that strongyloidiasis and death from strongyloidiasis can be related to particular kinds of service.  The Authority has therefore determined, pursuant to subsection 196B(3) of the VEA, a Statement of Principles concerning strongyloidiasis (Balance of Probabilities) (No. 64 of 2019).  This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

4.             The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

5.             The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:

 eligible war service (other than operational service) under the VEA;

 defence service (other than hazardous service and British nuclear test defence service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, strongyloidiasis or death from strongyloidiasis is connected with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

6.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 8 May 2018 concerning strongyloidiasis in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it had previously considered.

7.             The contents of this Instrument are in similar terms to the repealed Instrument.  The differences in this Instrument include:

  • adopting the latest revised Instrument format, which commenced in 2015;
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of strongyloidiasis in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning 'having cutaneous or mucosal contact with Strongyloides stercoralis roundworm larvae';
  • revising the factor in subsection 9(2) concerning 'having a solid organ transplant, where the organ is infected';
  • revising the factor in subsection 9(3) concerning 'being in an immunocompromised state as specified';
  • new factor in subsection 9(4) concerning 'having alcohol use disorder';
  • new definitions of 'chronic renal failure', 'immunocompromised state as specified', 'immunosuppressive drug', 'MRCA' and 'VEA' in Schedule 1- Dictionary;
  • revising the definition of 'relevant service' in Schedule 1 – Dictionary; and
  • deleting the definition of 'an immunocompromised state'.

Consultation

8.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to strongyloidiasis  in the Government Notices Gazette of 8 May 2018, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  No submissions were received for consideration by the Authority during the investigation.

Human Rights

9.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  A Statement of Compatibility with Human Rights follows.

Finalisation of Investigation

10.         The determining of this Instrument finalises the investigation in relation to strongyloidiasis  as advertised in the Government Notices Gazette of 8 May 2018.

References

11.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

The Registrar

Repatriation Medical Authority

GPO Box 1014

BRISBANE    QLD    4001

Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Statement of Principles No. 64 of 2019

Kind of Injury, Disease or Death: Strongyloidiasis

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(3) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors connecting particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have strongyloidiasis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, strongyloidiasis is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 89 of 2010; and
  • reflects developments in the available sound medical-scientific evidence concerning strongyloidiasis which have occurred since that earlier instrument was determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Statement of Principles concerning Strongyloidiasis (Balance of Probabilities) (No. 64 of 2019) was enacted to address the relationship between strongyloidiasis and service in the Australian Defence Force, replacing the previous Instrument No. 89 of 2010. This legislative instrument was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The primary objective of this legislation is to facilitate claims and assessments of strongyloidiasis-related disabilities for veterans and current or former Defence Force members, ensuring that such claims are processed based on the latest sound medical-scientific evidence. This approach promotes the human rights of veterans and their dependants, including the right to social security and the highest attainable standard of physical and mental health, while ensuring these rights are exercised without discrimination.

Scope and Application

The Statement of Principles concerning strongyloidiasis (Balance of Probabilities) (No. 64 of 2019) applies to individuals who have served in eligible war service, defence service, or peacetime service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These individuals may be veterans, current or former Defence Force members, and their dependents. The principles are intended to facilitate claims for medical treatment and compensation for strongyloidiasis by establishing the factors that must exist to link the condition with service. The Statement of Principles is applicable on a national level within Australia, covering all eligible individuals under the VEA and MRCA. The Instrument does not specify any exclusions, exemptions, or thresholds; instead, it relies on the availability of sound medical-scientific evidence to support a connection between the service and the condition. The application of these principles can be extended or further defined through subordinate instruments, which may provide additional guidance or clarification on specific aspects of the determination process.

Key Provisions

The main sections of the Statement of Principles concerning strongyloidiasis (Balance of Probabilities) (No. 64 of 2019) outline the circumstances under which strongyloidiasis can be considered connected to particular types of service for the purposes of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument sets out the medical and scientific evidence needed to establish a link between service and the condition, focusing on the balance of probabilities. The Statement of Principles requires specific factors to be present and related to the service rendered, such as eligible war service, defence service, or peacetime service. These factors include having cutaneous or mucosal contact with Strongyloides stercoralis roundworm larvae, having a solid organ transplant where the organ is infected, being in an immunocompromised state, or having alcohol use disorder. The determination of these factors assists in facilitating claims for medical treatment and compensation under the VEA and MRCA. The obligations imposed by the Act on the parties or entities it governs include the requirement for claimants to provide evidence that satisfies the factors outlined in the Statement of Principles. This means that claimants must demonstrate how their service and the specific factors listed in the Statement have contributed to their condition. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are also obligated to assess claims based on these principles, ensuring that the assessment process is informed by the latest medical-scientific evidence. The Veterans' Review Board and the Administrative Appeals Tribunal must review decisions made by these commissions in accordance with the principles outlined in the Statement. Breach of the provisions outlined in the Statement of Principles can lead to various consequences. Although the document does not specify exact offences, it implies that failure to provide adequate evidence or misrepresenting facts could result in the denial of claims. The penalties for such breaches are not explicitly detailed in the document but generally, misrepresentation or providing false information in claims can lead to civil or criminal penalties under the respective Acts. The maximum penalties would depend on the severity and intent behind the breach, as outlined in the VEA and MRCA. Such penalties could include fines or other legal sanctions for providing false information.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.