Statement of Principles concerning dengue fever No. 13 of 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L00443

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Statement of Principles
concerning
 
DENGUE FEVER
No. 13 of 2012
 
for the purposes of the
 
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
1.         This Instrument may be cited as Statement of Principles concerning dengue fever No. 13 of 2012.
Determination
2.         The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 15 of 2001 concerning dengue fever; and
(b)        determines in its place this Statement of Principles.
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about dengue fever and death from dengue fever.
(b)               For the purposes of this Statement of Principles, "dengue fever" means a clinical illness due to an infection with dengue virus. This definition includes dengue haemorrhagic fever.
(c)                Dengue fever attracts ICD-10-AM code A90 or A91.
(d)              In the application of this Statement of Principles, the definition of "dengue fever" is that given at paragraph 3(b) above.
Basis for determining the factors
4.         The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that dengue fever and death from dengue fever can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).
Factors that must be related to service
5.         Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
Factors
6.         The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting dengue fever or death from dengue fever with the circumstances of a person’s relevant service is:
(a)                being exposed to dengue virus within the 14 days before the clinical onset of dengue fever; or
(b)               for dengue haemorrhagic fever only, having a previous episode of dengue infection, involving a virus type different to the type responsible for the current episode, before the clinical onset of dengue fever; or
(c)                inability to obtain appropriate clinical management for dengue fever.
Factors that apply only to material contribution or aggravation
7.         Paragraph 6(c) applies only to material contribution to, or aggravation of, dengue fever where the person’s dengue fever was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
8.         In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
Other definitions
9.         For the purposes of this Statement of Principles:
"being exposed to dengue virus" means:
(a)              being bitten by a mosquito infected with dengue virus;
(b)              having percutaneous or mucocutaneous exposure to blood infected with dengue virus; or
(c)              receiving a blood transfusion, blood products, a bone marrow transplant or an organ transplant infected with dengue virus;
"death from dengue fever" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s dengue fever;
"dengue haemorrhagic fever" means a serious sequela to dengue fever, characterised by vascular permeability, thrombocytopaenia and haemorrhagic manifestations. Dengue haemorrhagic fever includes dengue shock syndrome, a more severe form of dengue haemorrhagic fever which presents with evidence of circulatory failure, rapid, weak pulse, hypotension and shock;
"dengue virus" means dengue virus type 1, 2, 3 or 4;
"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification (ICD-10-AM), Seventh Edition, effective date of 1 July 2010, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 154 5;
"relevant service" means:
(a)                operational service under the VEA;
(b)                peacekeeping service under the VEA;
(c)                hazardous service under the VEA;
(d)               British nuclear test defence service under the VEA;
(e)                warlike service under the MRCA; or
(f)                 non-warlike service under the MRCA;
"terminal event" means the proximate or ultimate cause of death and includes:
(a)                pneumonia;
(b)               respiratory failure;
(c)                cardiac arrest;
(d)               circulatory failure; or
(e)                cessation of brain function.
Application
10.       This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.
Date of effect
11.       This Instrument takes effect from 7 March 2012.
Dated this   twenty-fourth   day of   February   2012
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed to this instrument                        )
in the presence of:                               )
KEN DONALD
CHAIRPERSON