{"id":"F2018L01480","name":"Statement of Principles concerning human T-cell lymphotropic virus type-1 infection (Balance of Probabilities) (No. 97 of 2018)","slug":"statement-of-principles-concerning-human-t-cell-lymphotropic-virus-type-1-infection-balance-of-proba","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439809,"registerId":"F2018L01480-fast-fetch-1775955688854","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning human T-cell lymphotropic virus type-1 infection (Balance of Probabilities) (No. 97 of 2018)","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\nHUMAN T-CELL LYMPHOTROPIC VIRUS TYPE-1 INFECTION (Balance of Probabilities)\n\n(No. 97 of 2018)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 26 October 2018\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 human T-cell lymphotropic virus type-1 infection (Balance of Probabilities) (No. 97 of 2018).\n\n2 Commencement\n\n This instrument commences on 26 November 2018.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning human T-cell lymphotropic virus type-1 No. 8 of 2010 (Federal Register of Legislation No. F2010L00015) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 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 human T-cell lymphotropic virus type-1 infection and death from human T-cell lymphotropic virus type‑1 infection.\n\nMeaning of human T-cell lymphotropic virus type-1 infection\n\n(2) For the purposes of this Statement of Principles, human T-cell lymphotropic virus type-1 infection means an infection that is caused by the retrovirus human T-cell lymphotropic virus type-1 (HTLV-1).\n\n(3) While human T-cell lymphotropic virus type-1 infection attracts ICD‑10‑AM code Z22.6, in applying this Statement of Principles the meaning of human T-cell lymphotropic virus type-1 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 human T-cell lymphotropic virus type-1 infection\n\n(5) For the purposes of this Statement of Principles, human T-cell lymphotropic virus type-1 infection, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's human T-cell lymphotropic virus type-1 infection.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that human T-cell lymphotropic virus type-1 infection and death from human T-cell lymphotropic virus type-1 infection can be related to relevant service rendered by veterans 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 exist before it can be said that, on the balance of probabilities, human T-cell lymphotropic virus type-1 infection or death from human T-cell lymphotropic virus type-1 infection is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to HTLV-1 before the clinical onset of human T-cell lymphotropic virus type-1 infection;\n\nNote: being exposed to HTLV-1 is defined in the Schedule 1 - Dictionary. \n\n(2) inability to obtain appropriate clinical management for human T-cell lymphotropic virus type-1 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, human T-cell lymphotropic virus type-1 infection where the person's human T-cell lymphotropic virus type-1 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(3) 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 HTLV-1 means:\n\n(a) having percutaneous exposure (intravenous, intramuscular, subcutaneous or intradermal) or permucosal exposure to a specified body substance which is derived from a person infected with HTLV-1; or\n\n(b) having a tissue or organ transplant, where the tissue or organ is derived from a person infected with HTLV-1.\n\nNote: specified body substance is also defined in the Schedule 1 - Dictionary.\n\n human T-cell lymphotropic virus type-1 infection—see subsection 7(2).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n relevant service means:\n\n(a) eligible war service (other than operational service) under the VEA;\n\n(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c) peacetime service under the MRCA.\n\nNote: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\n specified body substance means:\n\n(a) blood, cellular blood products or any body fluid containing blood; or\n\n(b) semen or vaginal secretions.\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":{"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This 2018 instrument expressly repeals the earlier 2010 Statement of Principles (s 4) and replaces it with the current text. The 2018 Statement specifies two required causal factors, defines exposure types and terminal events, and limits application to defined categories of relevant service (s 5; Schedule 1). Without a clause‑by‑clause comparison to the 2010 instrument, the precise extent of expansion or contraction of scope cannot be determined from this instrument alone."},"complexity_factors":["Legal-medical hybrid: applies medical causation rules within an administrative benefits scheme (see ss 3, 8, 5).","Balance of probabilities standard for causation (s 8) increases evidentiary uncertainty for claimants.","Two distinct causal pathways with different proof modalities — exposure versus inability to obtain clinical management (s 9).","Detailed technical definitions in Schedule 1 (e.g. 'being exposed to HTLV‑1', 'specified body substance', 'terminal event') require medical/forensic evidence.","Interaction with other Statements of Principles where factors overlap (s 11) creates cross-referencing complexity.","Limit on the clinical‑management factor: it applies only where infection pre‑dated or occurred during (but did not arise out of) service (s 10(2)).","Scope limited to certain categories of 'relevant service' with exclusions (Schedule 1 definitions).","Reference to ICD‑10‑AM code and edition (s 7(3)–(4)) ties interpretation to an evolving medical classification."],"plain_english_summary":"This Statement of Principles sets the medical criteria the Repatriation Medical Authority uses to decide whether HTLV‑1 infection (or death from it) is connected to a veteran’s or service member’s relevant service under the VEA or MRCA. It identifies two pathways for establishment: prior exposure to HTLV‑1 (including exposure to infected blood, body fluids or transplant) or inability to obtain appropriate clinical care. Where met, those criteria guide decision‑makers under the VEA/MRCA when assessing entitlement claims and related benefits."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2010 predecessor. It addresses a single, specific infectious disease (HTLV-1) and applies only to determining service connection for compensation purposes. The 2018 version updates medical coding references (ICD-10-AM Tenth Edition) and clarifies definitions but does not expand the scope beyond the original purpose of establishing medical criteria for this specific condition."},"complexity_factors":["Short, focused instrument (approximately 1,500 words)","Only 7 defined terms in the Dictionary (Schedule 1)","Simple binary structure: two alternative factors in section 9, with one limitation in section 10(2)","Minimal cross-referencing—only refers to external legislation (VEA and MRCA) for service definitions","Single medical condition focus (HTLV-1) rather than multiple conditions or complex diagnostic criteria","Clear causal chain: exposure → infection → potential death/terminal event","No nested exceptions or conditional logic beyond the basic 'at least one factor' requirement"],"plain_english_summary":"This instrument sets the medical rules for when veterans and current/former Defence members can get compensation for HTLV‑1 infection linked to service. It applies a “balance of probabilities” causation test and covers two paths: infection acquired from service‑related blood exposure or medical procedures, or pre‑existing infection made worse by lack of appropriate care during service. It clarifies eligibility for claims under the veterans’ compensation schemes."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-human-t-cell-lymphotropic-virus-type-1-infection-balance-of-proba","history":"/api/acts/statement-of-principles-concerning-human-t-cell-lymphotropic-virus-type-1-infection-balance-of-proba/history","analysis":"/api/acts/statement-of-principles-concerning-human-t-cell-lymphotropic-virus-type-1-infection-balance-of-proba/analysis","conflicts":"/api/acts/statement-of-principles-concerning-human-t-cell-lymphotropic-virus-type-1-infection-balance-of-proba/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-human-t-cell-lymphotropic-virus-type-1-infection-balance-of-proba/important-cases","documents":"/api/acts/statement-of-principles-concerning-human-t-cell-lymphotropic-virus-type-1-infection-balance-of-proba/documents"}}