{"id":"F2017L01054","name":"Statement of Principles concerning influenza (Reasonable Hypothesis) (No. 44 of 2017)","slug":"statement-of-principles-concerning-influenza-reasonable-hypothesis-no-44-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439300,"registerId":"F2017L01054-fast-fetch-1775955379036","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning influenza (Reasonable Hypothesis) (No. 44 of 2017)","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\nINFLUENZA (Reasonable Hypothesis)\n\n(No. 44 of 2017)\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 18 August 2017\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:
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Professor Nicholas Saunders AO
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Revocation\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 influenza (Reasonable Hypothesis) (No. 44 of 2017).\n\n2 Commencement\n\n This instrument commences on 18 September 2017.\n\n3 Authority\n\nThis instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\n4 Revocation\n\nThe Statement of Principles concerning influenza No. 58 of 2009 made under subsection 196B(2) of the VEA is revoked.\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 influenza and death from influenza.\n\nMeaning of influenza\n\n(2) For the purposes of this Statement of Principles, influenza means:\n\n(a) an acute respiratory tract infection due to the influenza virus and characterised by fever, cough, shortness of breath, headaches, myalgia, conjunctivitis and pneumonia; and\n\n(b) includes infection with human and animal influenza subtypes.\n\nNote: influenza virus is defined in the Schedule 1 - Dictionary. \n\n(3) While influenza attracts ICD‑10‑AM code J09, J10 or J11, in applying this Statement of Principles the meaning of influenza 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), Ninth Edition, effective date of 1 July 2015, copyrighted by the Independent Hospital Pricing Authority, ISBN 978‑1‑76007‑020‑5.\n\nDeath from influenza\n\n(5) For the purposes of this Statement of Principles, influenza, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's influenza.\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 influenza and death from influenza 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: relevant service is 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 influenza or death from influenza with the circumstances of a person's relevant service:\n\n(1) being exposed to influenza virus as specified, within the three weeks before the clinical onset of influenza;\n\nNote: being exposed to influenza virus as specified and influenza virus are defined in the Schedule 1 - Dictionary. \n\n(2) for avian influenza only, being exposed to an avian influenza virus as specified, within the three weeks before the clinical onset of influenza;\n\nNote: being exposed to an avian influenza virus as specified and influenza virus are defined in the Schedule 1 - Dictionary. \n\n(3) for swine influenza only, being exposed to a swine influenza virus as specified, within the three weeks before the clinical onset of influenza;\n\nNote: being exposed to a swine influenza virus as specified and influenza virus are defined in the Schedule 1- Dictionary. \n\n(4) inability to obtain influenza vaccination between ten days and six months before the clinical onset of influenza;\n\n(5) for severe influenza only:\n\n(a) having a medical condition as specified at the time of the clinical onset of influenza; or\n\nNote: medical condition as specified and severe influenza are defined in the Schedule 1 – Dictionary.\n\n(b) being in the third trimester of pregnancy or the following six weeks before the clinical onset of influenza;\n\n(6) inability to obtain appropriate clinical management for influenza.\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(6) applies only to material contribution to, or aggravation of, influenza where the person's influenza 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 a swine influenza virus as specified means:\n\n(a) having close exposure to pigs or pork products infected with swine influenza virus; or\n\n(b) visiting a pig farm or market where pigs are infected with swine influenza virus; or\n\n(c) having direct contact with soil, surfaces or objects contaminated with swine influenza virus; or\n\n(d) having close exposure to a person infected with swine influenza virus; or\n\n(e) having direct contact with a laboratory strain of swine influenza.\n\nNote: close exposure and influenza virus are also defined in the Schedule 1 - Dictionary.\n\n being exposed to an avian influenza virus as specified means:\n\n(a) having close exposure to birds or poultry products infected with avian influenza virus; or\n\n(b) visiting a live bird farm or market where birds are infected with avian influenza virus; or\n\n(c) having direct contact with soil, water, surfaces or objects contaminated with avian influenza virus; or\n\n(d) having close exposure to a person infected with avian influenza virus; or\n\n(e) having close exposure to animals infected with avian influenza virus; or\n\n(f) having direct contact with a laboratory strain of avian influenza.\n\nNote: close exposure and influenza virus are also defined in the Schedule 1 - Dictionary.\n\n being exposed to influenza virus as specified means:\n\n(a) having close exposure to, or direct contact with, a person or animal infected with influenza virus; or\n\n(b) having close exposure to, or direct contact with, an object or substance contaminated by influenza virus; or\n\n(c) for human influenza virus only, being in the same household, or immediate work or travel environment, as a person who has influenza.\n\nNote: close exposure and influenza virus are also defined in the Schedule 1 - Dictionary.\n\n chronic renal failure means:\n\n(a) having a glomerular filtration rate of less than 15 mL/min/1.73 m2 for a period of at least three months; or\n\n(b) a need for renal replacement therapy (dialysis or transplantation) for treatment of complications of decreased glomerular filtration rate which would otherwise increase the risk of morbidity and mortality; or\n\n(c) undergoing chronic dialysis.\n\n close exposure means direct physical contact or being within two metres.\n\n immunocompromised state as specified means a condition of substantially lowered immune function, such as would occur in the following conditions or circumstances:\n\n(a) being infected with human immunodeficiency virus;\n\n(b) being treated with an immunosuppressive drug;\n\n(c) having a haematological or solid organ malignancy;\n\n(d) having chronic renal failure;\n\n(e) having severe malnutrition; or\n\n(f) undergoing solid organ, stem cell or bone marrow transplantation.\n\nNote: chronic renal failure and immunosuppressive drug are also defined in the Schedule 1 - Dictionary.\n\n immunosuppressive drug means a drug or an agent which results in substantial suppression of immune responses.\n\nNote: Examples of an immunosuppressive drug include corticosteroids other than inhaled or topical corticosteroids, drugs used to prevent transplant rejection, tumour necrosis factor-α inhibitors and chemotherapeutic agents used for the treatment of cancer.\n\n influenza—see subsection 7(2).\n\n influenza virus means a ribonucleic acid (RNA) virus belonging to the family Orthomyxoviridae and known as type A, B or C influenza virus.\n\n medical condition as specified means one of the following:\n\n(a) asthma;\n\n(b) cardiovascular disease (excluding isolated hypertension);\n\n(c) chronic lung disease (including bronchiectasis, chronic obstructive pulmonary disease);\n\n(d) diabetes mellitus;\n\n(e) immunocompromised state as specified;\n\n(f) liver disease;\n\n(g) morbid obesity;\n\n(h) neurological disease (including epilepsy, neuromuscular and neurocognitive disease); \n\n(i) renal disease; or\n\n(j) sickle-cell disorder.\n\nNote: immunocompromised state as specified is also defined in the Schedule 1 - Dictionary.\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 severe influenza means influenza that is complicated by pneumonia, lower respiratory tract infection, myocarditis, pericarditis, myositis, rhabdomyolysis or neurological complications; or influenza requiring hospitalisation; or death from influenza.\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\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument revokes the earlier Statement (No. 58 of 2009) and replaces it with updated, more explicit criteria (s4). The replacement expressly treats avian and swine subtypes, sets temporal linking windows (three weeks for exposure; vaccination 10 days–6 months), lists specified pre‑existing medical conditions and defines 'severe influenza' and related terminal events—thereby changing the operational scope and evidentiary content used for VEA s120A and MRCA s338 claims (s7, s9; Schedule)."},"complexity_factors":["Technical medical definitions and ICD cross‑reference for influenza (s7; Schedule)","Subtype‑specific exposure rules and multiple exposure pathways (Schedule: avian, swine, general exposure)","Fixed temporal windows and vaccination/management timing requirements (s9; Schedule)","Evidentiary/evaluation standard of a 'reasonable hypothesis' creates decision‑maker discretion (s8–s9)","Interplay and cross‑application with other Statements of Principles when factors overlap (s11)","Detailed medical thresholds for ‘severe influenza’ and listed comorbid conditions (Schedule)","Revocation of earlier Statement requires mapping old claims to new criteria (s4)"],"plain_english_summary":"Sets medical criteria used to decide whether a veteran’s influenza (including avian and swine subtypes) or death from it can be linked to their relevant service. It applies to claims under the VEA (s120A) and the MRCA (s338) and is made by the Repatriation Medical Authority (s3, s5, s7).\n\nThe instrument identifies specific linking factors—exposure, inability to obtain vaccination, severe influenza with listed medical conditions, pregnancy and lack of appropriate clinical management—often with fixed time limits (e.g. three‑week exposure; vaccination window) that claimants must establish to raise a reasonable hypothesis (s9–s10)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the established scope of Repatriation Medical Authority Statements of Principles. It replaces the 2009 version with updated medical definitions and exposure criteria, but does not expand beyond the original purpose of establishing reasonable hypothesis criteria for influenza-related compensation claims. The inclusion of specific subtypes (avian, swine) and vaccination factors reflects evolving medical understanding rather than scope creep."},"complexity_factors":["18 defined terms in Schedule 1, many of which are nested (e.g., 'immunocompromised state as specified' refers to 'chronic renal failure' and 'immunosuppressive drug')","Conditional logic with subtype-specific factors: factors (2) and (3) apply only to 'avian influenza only' and 'swine influenza only' respectively","Factor (5) has a dual condition applying 'for severe influenza only' with two alternative sub-factors (medical condition OR pregnancy)","Cross-referencing between the main instrument and Schedule 1 dictionary, with some terms defined by reference to other defined terms","Incorporation of external medical classification (ICD-10-AM Ninth Edition) by specific ISBN and effective date","Section 11 creates dynamic incorporation of other Statements of Principles 'as in force from time to time'","Section 10(2) contains a temporal limitation restricting factor 9(6) to aggravation cases where flu existed before or during service"],"plain_english_summary":"This Statement of Principles sets the medical rules for claiming compensation for influenza or death from it for veterans and current/former defence personnel, replacing the 2009 version. It applies to claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.\n\nIt adopts a \"reasonable hypothesis\" test to ease proving a service connection when plausible medical links exist—including certain exposure scenarios, inability to be vaccinated or treated, or severe clinical risk—so eligible veterans can more readily obtain compensation for flu-related injury or death."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-influenza-reasonable-hypothesis-no-44-of-2017","history":"/api/acts/statement-of-principles-concerning-influenza-reasonable-hypothesis-no-44-of-2017/history","analysis":"/api/acts/statement-of-principles-concerning-influenza-reasonable-hypothesis-no-44-of-2017/analysis","conflicts":"/api/acts/statement-of-principles-concerning-influenza-reasonable-hypothesis-no-44-of-2017/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-influenza-reasonable-hypothesis-no-44-of-2017/important-cases","documents":"/api/acts/statement-of-principles-concerning-influenza-reasonable-hypothesis-no-44-of-2017/documents"}}