{"id":"F2020L01379","name":"Statement of Principles concerning dengue virus infection (Reasonable Hypothesis) (No. 78 of 2020)","slug":"statement-of-principles-concerning-dengue-virus-infection-reasonable-hypothesis-no-78-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440642,"registerId":"F2020L01379-fast-fetch-1775956210416","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning dengue virus infection (Reasonable Hypothesis) (No. 78 of 2020)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nDENGUE VIRUS INFECTION (Reasonable Hypothesis)\n\n(No. 78 of 2020)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 30 October 2020\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
|\n| --- |\n| 
Professor Nicholas Saunders AO
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning dengue virus infection (Reasonable Hypothesis) (No. 78 of 2020).\n\n2 Commencement\n\n This instrument commences on 30 November 2020.\n\n3 Authority\n\nThis instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning dengue fever No. 13 of 2012 (Federal Register of Legislation No. F2012L00443) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about dengue virus infection and death from dengue virus infection.\n\nMeaning of dengue virus infection\n\n(2) For the purposes of this Statement of Principles, dengue virus infection means an illness caused by infection with dengue virus.\n\nNote 1: Typical clinical manifestations of uncomplicated dengue virus infection include fever, headache, eye pain, muscle ache, joint pain, nausea, vomiting and a rash.\n\nNote 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.\n\n(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).\n\n(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.\n\nDeath from dengue virus infection\n\n(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.\n\nNote: terminal event is defined in the Schedule 1 - Dictionary.\n\n8 Basis for determining the factors\n\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that dengue virus infection and death from dengue virus infection 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 MRCA.\n\nNote: MRCA, relevant service and VEA are defined in the Schedule 1 - Dictionary.\n\n9 Factors that must exist\n\nAt least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting dengue virus infection or death from dengue virus infection with the circumstances of a person's relevant service:\n\n(1) being exposed to dengue virus within the 14 days before the clinical onset of dengue virus infection;\n\nNote: being exposed to dengue virus is defined in the Schedule 1 - Dictionary. \n\n(2) inability to obtain appropriate clinical management for dengue virus infection.\n\n10 Relationship to service\n\n(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.\n\n(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.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(2) of the VEA;\n\nthen 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.\n\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n being exposed to dengue virus means:\n\n(a) being bitten by a mosquito infected with dengue virus;\n\n(b) being in a country or an area of a country at a time when there is dengue virus transmission;\n\n(c) having percutaneous or mucocutaneous exposure to blood infected with dengue virus;\n\n(d) having sexual contact with a person infected with dengue virus; or\n\n(e) receiving a blood transfusion, blood products, a stem cell transplant or an organ transplant infected with dengue virus.\n\n dengue virus infection—see subsection 7(2).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n relevant service means:\n\n(a) operational service under the VEA;\n\n(b) peacekeeping service under the VEA;\n\n(c) hazardous service under the VEA;\n\n(d) British nuclear test defence service under the VEA;\n\n(e) warlike service under the MRCA; or\n\n(f) non-warlike service under the MRCA.\n\nNote: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\n terminal event means the proximate or ultimate cause of death and includes the following:\n\n(a) pneumonia;\n\n(b) respiratory failure;\n\n(c) cardiac arrest;\n\n(d) circulatory failure; or\n\n(e) cessation of brain function.\n\n VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: establishing medical criteria for linking dengue virus infection to military service. The 2020 update reflects modern medical understanding (expanding transmission routes to include sexual contact and medical procedures, updating ICD-10-AM edition) but does not expand beyond the compensation-determination function. It repeals and replaces the 2012 version without broadening the class of claimants or the types of claims covered."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 7 defined terms in Schedule 1, with straightforward definitions","Simple binary structure: two alternative factors in section 9, with clear conditions","Minimal cross-referencing — primarily internal references to the Dictionary and parent Acts","Single layer of conditions (no nested exceptions or 'except where' clauses)","Clear temporal limitation (14-day window for exposure)","Explicit note that one factor (section 9(2)) has restricted application to aggravation cases only"],"plain_english_summary":"This instrument is a Repatriation Medical Authority Statement of Principles setting the medical test for when dengue virus infection (and death from it) can be accepted as connected with Australian military service for veterans and defence personnel making claims under the VEA or MRCA. \n\nIt says service connection is reasonably established where timelines and exposure make infection likely (including typical deployment in dengue-endemic tropics) or where inadequate treatment during/after service materially worsened dengue."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2012 Statement (s.4) and replaces it with an updated Statement that continues to cover dengue virus infection and death (s.7) but sets a specific minimum evidentiary test: either exposure within 14 days of clinical onset (s.9(1)) or inability to obtain appropriate clinical management (s.9(2)). Section 10(2) narrows the clinical‑management factor to cases where the infection predated or occurred during service but did not arise out of it, so the practical scope of compensable pathways has been refined."},"complexity_factors":["Legal cross‑references to two statutes: Veterans' Entitlements Act 1986 (s.3) and Military Rehabilitation and Compensation Act 2004 (MRCA) (Schedule definitions).","Use of the legal test 'reasonable hypothesis' rather than causation on the balance of probabilities (instrument basis: s.8 and overall purpose).","Defined medical concepts and coding interplay (dengue virus infection defined in s.7(2); ICD‑10‑AM codes referenced but not decisive in s.7(3)–(4)).","Narrow temporal exposure window (s.9(1): exposure within 14 days before clinical onset) creates a strict evidential requirement.","Inclusion of inability to obtain appropriate clinical management as an alternative factor (s.9(2)) with a limiting rule tying it to infections suffered before/during but not arising out of service (s.10(2)).","Detailed definitions of 'being exposed to dengue virus' covering multiple transmission routes (Schedule: mosquito bite, travel to transmission area, transfusion, sexual contact, percutaneous/mucocutaneous exposure).","Interaction rule with other Statements of Principles (s.11) requires cross‑application of factors for comorbid or related conditions.","Inclusion of death by terminal events contributed to by dengue infection (s.7(5)) expands application to mortality assessments.","Administrative commencement and repeal mechanics (commencement s.2; repeal s.4) affect transitional handling of claims."],"plain_english_summary":"This instrument replaces the 2012 dengue statement and sets the medical rules the Repatriation Medical Authority uses to decide whether dengue virus infection (or death from it) can be linked to a person’s relevant service under the VEA or MRCA. It lists the minimum factual factors that must exist to raise a reasonable hypothesis of service connection and commences 30 November 2020. \n\nIt affects veterans, members of peacekeeping forces and serving members lodging entitlement claims. Key mechanics are a 14‑day exposure window before clinical onset and an alternative factor where appropriate clinical management could not be obtained."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-dengue-virus-infection-reasonable-hypothesis-no-78-of-2020","history":"/api/acts/statement-of-principles-concerning-dengue-virus-infection-reasonable-hypothesis-no-78-of-2020/history","analysis":"/api/acts/statement-of-principles-concerning-dengue-virus-infection-reasonable-hypothesis-no-78-of-2020/analysis","conflicts":"/api/acts/statement-of-principles-concerning-dengue-virus-infection-reasonable-hypothesis-no-78-of-2020/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-dengue-virus-infection-reasonable-hypothesis-no-78-of-2020/important-cases","documents":"/api/acts/statement-of-principles-concerning-dengue-virus-infection-reasonable-hypothesis-no-78-of-2020/documents"}}