{"id":"F2022L01389","name":"Statement of Principles concerning leptospirosis (Reasonable Hypothesis) (No. 101 of 2022)","slug":"statement-of-principles-concerning-leptospirosis-reasonable-hypothesis-no-101-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441582,"registerId":"F2022L01389-fast-fetch-1775956845044","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning leptospirosis (Reasonable Hypothesis) (No. 101 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 (Reasonable Hypothesis)\n\n(No. 101 of 2022)\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 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:
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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 (Reasonable Hypothesis) (No. 101 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning leptospirosis No.94 of 2014 (Federal Register of Legislation No. F2014L01385) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that leptospirosis and death from leptospirosis 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 leptospirosis or death from leptospirosis 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(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 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) 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":{"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":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (No. 94 of 2014) and the standard template for Repatriation Medical Authority Statements of Principles. It covers exactly what it purports to cover: establishing the medical nexus for leptospirosis claims under the reasonable hypothesis standard. No scope creep detected."},"complexity_factors":["Short, focused instrument (approximately 4 pages) dealing with single disease","Only 2 main factors in section 9, with clear temporal window (2-30 days)","7 defined terms in Schedule 1, all straightforward medical or service-related concepts","Simple conditional structure: one factor OR the other factor must exist","Cross-references limited to 2 principal Acts (VEA and MRCA) and one repealed instrument","No nested exceptions or complex multi-layered logic","Clear definition of exposure pathways in plain language (bites, contact, ingestion, inhalation)","Single purpose instrument — no extraneous provisions"],"plain_english_summary":"This rule sets the medical test for Australian Defence Force members, veterans and peacekeepers seeking compensation for leptospirosis under the VEA/MRCA. A compensable link is established if service plausibly caused exposure to the bacteria 2–30 days before illness or if adequate treatment was unavailable. Replacing the 2014 version, it applies the lower \"reasonable hypothesis\" standard so service-related exposures (eg floods, jungle training, deployments) can secure benefits for a potentially serious infection."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the prior Statement of Principles (No.94 of 2014) (s 4) and replaces it with a statement that (a) applies to VEA and MRCA claims (s 5), (b) specifies qualifying factors: exposure to pathogenic Leptospira 2–30 days before clinical onset (s 9(1)) or inability to obtain appropriate clinical management (s 9(2)), and (c) provides detailed definitions of exposure and related terms in Schedule 1. The repeal plus the new, specific factors and definitions indicate an update to the scope and qualifying criteria compared to the instrument replaced."},"complexity_factors":["Statutory application to two different claims regimes (VEA and MRCA) creates cross‑Act interaction (s 5).","Medical/epidemiological specificity: defines leptospirosis clinically and by ICD‑10‑AM reference (s 7(2)–(4)), requiring medical evidence.","Temporal exposure window requirement (2–30 days before onset) imposes precise evidentiary timing (s 9(1)).","Alternative factor relies on proof of inability to obtain appropriate clinical management, which raises factual and procedural proof issues (s 9(2), s 10(2)).","Detailed exposure modes are defined (animal bites, contact with contaminated material, ingestion, inhalation) and hinge on ‘direct contact’ concept—affects evidential burden (Schedule 1).","Instrument repeals previous Statement (No.94 of 2014), creating a replacement‑and‑update dynamic (s 4).","Interaction with other Statements of Principles requires cross‑referencing when a factor refers to another covered disease, adding legal complexity (s 11).","Inclusion of death via contribution to a terminal event ties cause‑of‑death assessments to the Statement (s 7(5) and Schedule 1 definition of terminal event)."],"plain_english_summary":"This instrument, made by the Repatriation Medical Authority, replaces the prior Statement of Principles and sets the medical rules for connecting leptospirosis (and death from it) to a person’s relevant service. It applies to claims under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act and identifies two qualifying paths: documented exposure to pathogenic Leptospira 2–30 days before illness onset, or inability to obtain appropriate clinical management, with exposure modes defined in the instrument."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-leptospirosis-reasonable-hypothesis-no-101-of-2022","history":"/api/acts/statement-of-principles-concerning-leptospirosis-reasonable-hypothesis-no-101-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-leptospirosis-reasonable-hypothesis-no-101-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-leptospirosis-reasonable-hypothesis-no-101-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-leptospirosis-reasonable-hypothesis-no-101-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-leptospirosis-reasonable-hypothesis-no-101-of-2022/documents"}}