Overview

The Statement of Principles concerning Strongyloidiasis, issued by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, was enacted in 1995. This legislative instrument aims to address the problem of establishing a connection between strongyloidiasis, a parasitic infection of the small intestine, and the service circumstances of veterans, peacekeeping forces, and members of the Armed Forces. By identifying specific factors that must exist for a reasonable hypothesis to be raised linking strongyloidiasis to service, such as being a prisoner-of-war, living in unhygienic conditions, or being in an immuno-compromised state, the Statement of Principles provides a framework for assessing claims related to this condition. The policy objective is to ensure that veterans and service members who contracted strongyloidiasis under specific service-related conditions are appropriately recognised and compensated. This legislative instrument, issued by the Repatriation Medical Authority, serves to guide the assessment of veterans' claims for entitlements related to strongyloidiasis, ensuring that the connection between the infection and service circumstances is adequately substantiated. By specifying the factors that must be present to establish such a connection, the Statement of Principles aims to facilitate the process of recognising and compensating those affected by strongyloidiasis due to their service.

Scope and Application

The Statement of Principles concerning Strongyloidiasis, as set out in the legislative instrument, applies to veterans, members of peacekeeping forces, and members of the Defence Force who have contracted strongyloidiasis or died from the condition as a result of operational, peacekeeping, or hazardous service. The principles are intended to guide the determination of whether there is a reasonable hypothesis that links the onset or worsening of strongyloidiasis to specific service circumstances. To establish such a hypothesis, at least one of the specified factors must be related to the service, including being a prisoner-of-war, living in unhygienic conditions, being in an immuno-compromised state, or being unable to obtain appropriate clinical management before the clinical onset or worsening of the condition. These principles are applicable nationally and are grounded in the Veterans’ Entitlements Act 1986, which allows for the consideration of these specific factors in the context of service-related claims. The legislative instrument does not explicitly mention any exclusions or exemptions, though the necessity of one of the specified factors being related to service implies that claims without such a connection may not be substantiated under these principles.

Key Provisions

The Statement of Principles concerning Strongyloidiasis (F2008B00284, Instrument No.282 of 1995) under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), outlines the specific factors that must exist to establish a connection between strongyloidiasis or death from strongyloidiasis and the operational, peacekeeping, or hazardous service rendered by veterans or military personnel. According to the Statement, a reasonable hypothesis can be raised if the individual was a prisoner-of-war (1(a)), lived in unhygienic conditions (1(b)), was in an immuno-compromised state (1(c)), or was unable to obtain appropriate clinical management (1(d)) before the clinical onset or worsening of the condition. One of these factors must be related to the service rendered (2). For factors 1(c) and 1(d), the strongyloidiasis must have been contracted before the service period in question and the relationship between the condition and the service must be explicitly defined in the Act (3). Under this Statement of Principles, the Repatriation Medical Authority has set forth obligations for veterans and their representatives to provide evidence that one or more of the specified factors were present before the onset or worsening of strongyloidiasis. This includes providing medical records, service records, and any other relevant documentation that demonstrates the existence of the factors listed in the Statement. The authority will consider this evidence to determine if a reasonable hypothesis has been raised, thereby linking the condition to the service rendered. It is important that all submissions are thorough and include any supporting evidence that can substantiate the claims made. Failure to comply with the requirements of the Statement of Principles or providing false information may result in legal consequences. While the Statement of Principles itself does not outline specific offences, penalties, or consequences for non-compliance, breaches of related provisions in the Veterans’ Entitlements Act 1986 could result in civil or criminal penalties. For instance, providing false information to the Repatriation Commission may be considered perjury, which carries a maximum penalty of five years imprisonment under section 115 of the Act. Additionally, misrepresentation or fraud in relation to veterans’ entitlements can result in fines and imprisonment, as outlined in sections 196D and 196E of the Act. Therefore, it is crucial for all parties to adhere to the obligations and requirements set forth by the Statement of Principles and the broader legislative framework.