{"id":"F2022L01390","name":"Statement of Principles concerning leptospirosis (Balance of Probabilities) (No. 102 of 2022)","slug":"statement-of-principles-concerning-leptospirosis-balance-of-probabilities-no-102-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441581,"registerId":"F2022L01390-fast-fetch-1775956845020","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning leptospirosis (Balance of Probabilities) (No. 102 of 2022)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nLEPTOSPIROSIS (Balance of Probabilities)\n\n(No. 102 of 2022)\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 21 October 2022\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 Terence Campbell AM
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 leptospirosis (Balance of Probabilities) (No. 102 of 2022).\n\n2 Commencement\n\n This instrument commences on 21 November 2022.\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 leptospirosis No. 95 of 2014 (Federal Register of Legislation No. F2014L01386) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 leptospirosis and death from leptospirosis.\n\nMeaning of leptospirosis\n\n(2) For the purposes of this Statement of Principles, leptospirosis means an illness caused by infection with a bacterium from the genus Leptospira.\n\nNote: Clinical manifestations of leptospirosis includes an initial flu-like illness with potential complications of renal failure and multi-organ disease.\n\n(3) While leptospirosis attracts ICD‑10‑AM code A27, in applying this Statement of Principles the meaning of leptospirosis 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 leptospirosis\n\n(5) For the purposes of this Statement of Principles, leptospirosis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's leptospirosis.\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 leptospirosis and death from leptospirosis 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, leptospirosis or death from leptospirosis is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to a pathogenic bacterium from the genus Leptospira between 2 and 30 days before the clinical onset of leptospirosis;\n\nNote: being exposed to a pathogenic bacterium is defined in Schedule 1 – Dictionary.\n\n(2) inability to obtain appropriate clinical management for leptospirosis.\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, leptospirosis where the person's leptospirosis 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 a pathogenic bacterium means:\n\n(a) being bitten by an animal infected with a pathogenic bacterium; or\n\n(b) having direct contact of the skin or mucous membranes with:\n\n(i) urine or tissues of animals infected with a pathogenic bacterium; or\n\n(ii) water, soil or vegetation contaminated with a pathogenic bacterium; or\n\n(c) ingesting food or water contaminated with a pathogenic bacterium; or\n\n(d) inhaling aerosols contaminated with a pathogenic bacterium.\n\nNote 1: Contamination of soil, water and vegetation can occur as a result of flooding. Contact with contaminated water can occur during outdoor activities such as swimming, wading and rafting in rivers, and lakes and dams.\n\nNote 2: direct contact is also defined in the Schedule 1 – Dictionary.\n\n direct contact means physical contact where no protective or impermeable barrier is used.\n\n leptospirosis—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 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":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the 2014 Statement of Principles (s4) and reissues a Statement that continues to link leptospirosis and death to \"relevant service\" but specifies the causal tests and definitions more explicitly. It sets the two primary qualifying factors (exposure 2–30 days before onset or inability to obtain appropriate clinical management) and clarifies application to VEA s120B and MRCA s339 claims (s5, s9, s10, Schedule 1)."},"complexity_factors":["Medical-technical definitions and coding: defines leptospirosis and references ICD-10-AM coding (s7(2)–(4)).","Narrow temporal exposure window: exposure must occur between 2 and 30 days before clinical onset (s9(1)).","Non-exposure alternative factor: allowance for \"inability to obtain appropriate clinical management\" as a separate causal factor (s9(2)), with limits when pre-existing.","Service link condition: any listed factor must be related to relevant service (s10(1)) and the management factor has restricted application where condition pre-dated service (s10(2)).","Interplay with other Statements of Principles: cross-application where factors overlap with other SOPs (s11).","Legal standard and scope: applies to claims under specified VEA and MRCA provisions and uses balance-of-probabilities wording (title, s5, s8).","Detailed exposure modes: 'being exposed' is defined across bites, direct contact, ingestion, inhalation and environmental contamination, increasing factual inquiry in claims (Schedule 1).","Repeal and replacement of prior instrument: the 2014 statement is expressly repealed, so comparative scope depends on the new text (s4)."],"plain_english_summary":"This Statement of Principles sets rules for deciding whether leptospirosis (a bacterial infection) and deaths from it are linked to a veteran’s “relevant service” for claims under the VEA and the MRCA. It defines the condition and the circumstances that must be met to establish service connection. A claim requires either documented exposure to pathogenic Leptospira 2–30 days before clinical onset or an inability to obtain appropriate clinical management; the instrument repeals the 2014 statement."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: establishing causation criteria for a specific infectious disease in veterans' compensation claims. The 2022 revision updates the predecessor instrument (No. 95 of 2014) without expanding scope — it refreshes the medical evidence base and commencement date while preserving the same structural approach and coverage."},"complexity_factors":["Short, single-purpose instrument (11 sections plus dictionary)","Only 2 main causal factors in section 9, with clear temporal window (2-30 days)","Limited cross-referencing — primarily internal references to Schedule 1 definitions","8 defined terms in Schedule 1, all straightforward medical or statutory references","Single conditional limitation in section 10(2) restricting the medical treatment factor to pre-existing conditions","No nested exceptions or complex conditional logic chains","Incorporation by reference of ICD-10-AM coding system is standard medical classification practice"],"plain_english_summary":"Updates the rules for when Australian Defence Force members and veterans can claim compensation for leptospirosis under the VEA and MRCA, replacing the 2014 guidance with current medical evidence.\n\nA claim must show, on the balance of probabilities, that service caused the infection — typically by exposure to the bacteria shortly before illness or by inability to obtain proper treatment (where disease pre‑existed or arose during service). The exposure or treatment failure must be linked to military service."},"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-leptospirosis-balance-of-probabilities-no-102-of-2022","history":"/api/acts/statement-of-principles-concerning-leptospirosis-balance-of-probabilities-no-102-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-leptospirosis-balance-of-probabilities-no-102-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-leptospirosis-balance-of-probabilities-no-102-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-leptospirosis-balance-of-probabilities-no-102-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-leptospirosis-balance-of-probabilities-no-102-of-2022/documents"}}