Instrument No.283 of 1995
Statement of Principles
concerning
STRONGYLOIDIASIS
ICD CODE: 127.2
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being of the view that on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that strongyloidiasis and death from strongyloidiasis can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, strongyloidiasis or death from strongyloidiasis is connected with the circumstances of that service, are:
(a) living in unhygienic conditions before the clinical onset of strongyloidiasis, unless the person's risk of contracting strongyloidiasis from exposure to non-service related factors was significantly greater than the risk from living in service-related unhygienic conditions; or
(b) being in an immuno-compromised state before the clinical worsening of strongyloidiasis; or
(c) inability to obtain appropriate clinical management for strongyloidiasis.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(c) must be related to any service rendered by a person.
3. The factors set out in paragraphs 1(b) to 1(c) apply only where:
(a) the person’s strongyloidiasis was contracted before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the strongyloidiasis and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e) or 70(5)(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 Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;
“immuno-compromised state” means a state, attracting ICD code 279, where the immune response has been attenuated by administration of immunosuppressive drugs, or by irradiation, certain types of infection, malnutrition, or a malignant disease process;
“living in unhygienic conditions” means living in a community lacking appropriate sanitary facilities, at the relevant time;
“strongyloidiasis” means infestation of the small intestine, and occasionally other tissues, attracting ICD code 127.2, by the roundworm (nematode) parasite, Strongyloides spp.
Dated this Eighteenth day of July 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, enacted by the Australian Parliament, was introduced to provide a comprehensive framework for the entitlements of veterans and their families. The Act aims to ensure that veterans and their dependents receive appropriate support and recognition for their service. In 1995, the Repatriation Medical Authority issued Statement of Principles No. 283 concerning strongyloidiasis under subsection 196B(3) of the Act, to address the problem of linking strongyloidiasis and death from strongyloidiasis to eligible war service or defence service. This legislative instrument identifies the conditions and factors necessary to establish a probable connection between the disease and service, thereby ensuring that affected veterans can access the necessary support and benefits.
Scope and Application
The Statement of Principles concerning strongyloidiasis, as outlined in the legislative instrument No.283 of 1995 under the Veterans' Entitlements Act 1986, applies to veterans and members of the Australian Defence Force who have contracted strongyloidiasis or died from the condition. This determination is made by the Repatriation Medical Authority and is contingent upon the existence of specific factors related to the service rendered by these individuals. The principles are designed to establish a link between the strongyloidiasis and the service, focusing on conditions such as living in unhygienic conditions, being in an immuno-compromised state, or the inability to obtain appropriate clinical management for the condition prior to the onset or worsening of the disease. This legislative instrument is significant in that it provides a framework for assessing the service-relatedness of strongyloidiasis, thereby impacting eligibility for certain veterans' entitlements.
The scope of this legislative instrument is limited to the Commonwealth jurisdiction and is specifically targeted at veterans and members of the Australian Defence Force who have contracted strongyloidiasis. The instrument does not explicitly outline any exclusions or exemptions, but it does specify that the factors outlined must be related to the service in question. Furthermore, the instrument notes that the factors related to immunosuppression and inadequate clinical management apply only under certain conditions, such as the disease being contracted before the relevant period of service. This Statement of Principles is a crucial component in the broader framework of veterans' entitlements, providing a medical-scientific basis for determining the service-relatedness of strongyloidiasis and its impact on eligibility for benefits.
Key Provisions
Under the Veterans’ Entitlements Act 1986, section 196B(3), the Repatriation Medical Authority has determined that for strongyloidiasis or death from strongyloidiasis to be connected with the circumstances of service, certain factors must be present. These include living in unhygienic conditions before the onset of strongyloidiasis, unless the risk from non-service related factors was significantly greater (Section 1(a)); being in an immuno-compromised state before the clinical worsening of strongyloidiasis (Section 1(b)); or being unable to obtain appropriate clinical management for strongyloidiasis (Section 1(c)). At least one of these factors must be related to the service rendered by the person for a connection to be made.
The obligations imposed by this legislation on parties include ensuring that any claims for entitlements related to strongyloidiasis or death from strongyloidiasis are substantiated by evidence that meets the criteria outlined in the Statement of Principles. Claimants must provide documentation that demonstrates the presence of at least one of the specified factors at the time of their service, and that this factor is connected to their service in the manner prescribed by the Act. This requirement ensures that the claims are thoroughly vetted against the stipulated medical-scientific evidence and that only those with a legitimate connection to their service are eligible for benefits.
Failure to comply with the provisions of the Act may lead to civil and criminal consequences. For civil penalties, the Act may impose fines or other penalties as stipulated by relevant laws. For criminal penalties, depending on the nature and severity of the breach, individuals could face imprisonment or other sanctions. The exact penalties are not specified in the Statement of Principles but would be governed by the broader legal framework under which the Veterans’ Entitlements Act 1986 operates. These penalties serve to deter fraudulent claims and ensure the integrity of the entitlements system.