Statement of Principles

concerning

DENGUE VIRUS INFECTION
(Balance of Probabilities)

(No. 79 of 2020)

The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 30 October 2020

Contents

1 Name

2 Commencement

3 Authority

4 Repeal

5 Application

6 Definitions

7 Kind of injury, disease or death to which this Statement of Principles relates

8 Basis for determining the factors

9 Factors that must exist

10 Relationship to service

11 Factors referring to an injury or disease covered by another Statement of Principles

Schedule 1 - Dictionary

1 Definitions

1               Name

This is the Statement of Principles concerning dengue virus infection (Balance of Probabilities) (No. 79 of 2020).

2               Commencement

              This instrument commences on 30 November 2020.

3               Authority

This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.

4               Repeal

The Statement of Principles concerning dengue fever No. 14 of 2012 (Federal Register of Legislation No. F2012L00444) made under subsection 196B(3) of the VEA is repealed.

5               Application

This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.

6               Definitions

The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

7               Kind of injury, disease or death to which this Statement of Principles relates

(1)          This Statement of Principles is about dengue virus infection and death from dengue virus infection.

Meaning of dengue virus infection

(2)          For the purposes of this Statement of Principles, dengue virus infection means an illness caused by infection with dengue virus.

Note 1: Typical clinical manifestations of uncomplicated dengue virus infection include fever, headache, eye pain, muscle ache, joint pain, nausea, vomiting and a rash.

Note 2: Complicated forms of dengue virus infection are known as dengue with warning signs and severe dengue, or may be alternatively classified as dengue haemorrhagic fever and dengue shock syndrome. Clinical manifestations of complicated forms of dengue virus infection include a low platelet count, severe bleeding, plasma leakage, fluid accumulation in the lungs and abdomen, shock, impaired consciousness and organ failure.

(3)          While dengue virus infection attracts ICD‑10‑AM code A90 or A91, in applying this Statement of Principles the meaning of dengue virus infection is that given in subsection (2).

(4)          For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.

Death from dengue virus infection

(5)          For the purposes of this Statement of Principles, dengue virus infection, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's dengue virus infection.

Note: terminal event is defined in the Schedule 1 - Dictionary.

8               Basis for determining the factors

On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that dengue virus infection and death from dengue virus infection can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.

Note: MRCA, relevant service and VEA are defined in the Schedule 1 - Dictionary.

9               Factors that must exist

At least one of the following factors must exist before it can be said that, on the balance of probabilities, dengue virus infection or death from dengue virus infection is connected with the circumstances of a person's relevant service:

(1)          being exposed to dengue virus within the 14 days before the clinical onset of dengue virus infection;

Note: being exposed to dengue virus is defined in the Schedule 1 - Dictionary.

(2)          inability to obtain appropriate clinical management for dengue virus infection.

10           Relationship to service

(1)          The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.

(2)          The factor set out in subsection 9(2) applies only to material contribution to, or aggravation of, dengue virus infection where the person's dengue virus infection was suffered or contracted before or during (but did not arise out of) the person's relevant service.

11           Factors referring to an injury or disease covered by another Statement of Principles

In this Statement of Principles:

(1)          if a factor referred to in section 9 applies in relation to a person; and

(2)          that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;

then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Schedule 1 - Dictionary  

Note:               See Section 6

1               Definitions

In this instrument:

                             being exposed to dengue virus means:

(a)         being bitten by a mosquito infected with dengue virus;

(b)         being in a country or an area of a country at a time when there is dengue virus transmission;

(c)        having percutaneous or mucocutaneous exposure to blood infected with dengue virus; or

(d)         receiving a blood transfusion, blood products, a stem cell transplant or an organ transplant infected with dengue virus.

                               dengue virus infection—see subsection 7(2).

                             MRCA means the Military Rehabilitation and Compensation Act 2004.

                             relevant service means:

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

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

(c)        peacetime service under the MRCA.

Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.

                             terminal event means the proximate or ultimate cause of death and includes the following:

(a)         pneumonia;

(b)         respiratory failure;

(c)         cardiac arrest;

(d)         circulatory failure; or

(e)         cessation of brain function.

                             VEA means the Veterans' Entitlements Act 1986.