{"id":"F2023L00488","name":"Statement of Principles concerning melioidosis (Reasonable Hypothesis) (No. 55 of 2023)","slug":"statement-of-principles-concerning-melioidosis-reasonable-hypothesis-no-55-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441834,"registerId":"F2023L00488-fast-fetch-1775957025269","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning melioidosis (Reasonable Hypothesis) (No. 55 of 2023)","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\nMELIOIDOSIS (Reasonable Hypothesis)\n\n(No. 55 of 2023)\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 24 April 2023.\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 melioidosis (Reasonable Hypothesis) (No. 55 of 2023).\n\n2 Commencement\n\n This instrument commences on 23 May 2023.\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 melioidosis No. 60 of 2014 (Federal Register of Legislation No. F2014L00940) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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 melioidosis and death from melioidosis.\n\nMeaning of melioidosis\n\n(2) For the purposes of this Statement of Principles, melioidosis means an illness caused by infection with the bacterium Burkholderia pseudomallei.\n\nNote: Melioidosis may present as an acute, chronic or latent infection. Clinical manifestations may be local or systemic, and include pulmonary infection, septicaemia, meningoencephalitis and chronic suppurative infection.\n\n(3) While melioidosis attracts ICD‑10‑AM codes A24.1, A24.2, A24.3 or A24.4, in applying this Statement of Principles the meaning of melioidosis 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 melioidosis\n\n(5) For the purposes of this Statement of Principles, melioidosis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's melioidosis.\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 melioidosis and death from melioidosis 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 melioidosis or death from melioidosis with the circumstances of a person's relevant service:\n\n(1) being exposed to Burkholderia pseudomallei before the clinical onset of melioidosis;\n\nNote: being exposed to Burkholderia pseudomallei is defined in the Schedule 1 – Dictionary.\n\n(2) being in an immunocompromised state as specified at the time of the clinical onset of melioidosis;\n\nNote: immunocompromised state as specified is defined in the Schedule 1 - Dictionary. \n\n(3) having a medical condition from the specified list of medical conditions at the time of the clinical onset of melioidosis;\n\nNote: specified list of medical conditions is defined in the Schedule 1 – Dictionary.\n\n(4) for males, having consumed at least 44 kilograms of alcohol within the 3 years before the clinical onset of melioidosis;\n\nNote: Alcohol is measured by the alcohol consumption calculations utilising the Australian Standard of ten grams of alcohol per standard alcoholic drink.\n\n(5) for females, having consumed at least 30 kilograms of alcohol within the 3 years before the clinical onset of melioidosis;\n\nNote: Alcohol is measured by the alcohol consumption calculations utilising the Australian Standard of ten grams of alcohol per standard alcoholic drink.\n\n(6) having alcohol use disorder at the time of the clinical onset of melioidosis;\n\n(7) inability to obtain appropriate clinical management for melioidosis.\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(7) applies only to material contribution to, or aggravation of, melioidosis where the person's melioidosis 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 albuminuria means an albumin to creatinine ratio of at least 3 mg/mmol.\n\n being exposed to Burkholderia pseudomallei means:\n\n(a) consuming water or food contaminated with Burkholderia pseudomallei;\n\n(b) having direct contact of the skin or mucous membranes with:\n\n(i) a fluid contaminated with Burkholderia pseudomallei;\n\n(ii) blood, body fluid or tissue from an animal or person infected with Burkholderia pseudomallei; or\n\n(iii) water or soil contaminated with Burkholderia pseudomallei;\n\n(c) inhaling dust, water or an aerosol contaminated with Burkholderia pseudomallei; or\n\n(d) undergoing a medical procedure involving an object contaminated with Burkholderia pseudomallei.\n\nNote: direct contact is defined in Schedule 1 – Dictionary.\n\n chronic kidney disease means:\n\n(a) having a glomerular filtration rate of less than 60 mL/min/1.73 m2 for at least 3 months;\n\n(b) having albuminuria for at least 3 months;\n\n(c) having kidney damage, as evidenced by renal biopsy, imaging studies, urinary sediment abnormalities or other markers of abnormal renal function; or\n\n(d) having had a kidney transplant.\n\nNote: albuminuria is 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 3 months; \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 direct contact means physical contact where no protective or impermeable barrier is used.\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) having a haematological or solid organ malignancy;\n\n(b) having chronic renal failure;\n\n(c) having severe malnutrition;\n\n(d) taking an immunosuppressive drug; or\n\n(e) 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:\n\n(a) chemotherapeutic agents used for the treatment of cancer;\n\n(b) corticosteroids, other than inhaled or topical corticosteroids;\n\n(c) drugs used to prevent transplant rejection; and\n\n(d) tumour necrosis factor-α inhibitors.\n\n melioidosis—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 specified list of medical conditions means:\n\n(a) chronic kidney disease;\n\n(b) chronic lung disease including bronchiectasis and chronic obstructive pulmonary disease;\n\n(c) cirrhosis of the liver;\n\n(d) diabetes mellitus;\n\n(e) heart failure; or\n\n(f) rheumatic heart disease.\n\nNote: chronic kidney disease is 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":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the established scope of Repatriation Medical Authority Statements of Principles. It replaces the 2014 version (No. 60 of 2014) with updated medical evidence and refined definitions, but does not expand beyond the traditional purpose of establishing causal connection factors for veteran compensation claims. The structure follows the standard template: definitional section, factor enumeration, service relationship requirements, and dictionary. No mission creep is evident."},"complexity_factors":["Moderate definitional density: 12 defined terms in Schedule 1, with several terms nested within definitions (e.g., 'immunocompromised state' references 'chronic renal failure' and 'immunosuppressive drug', which are themselves defined)","Cross-referencing structure: Multiple notes directing readers to other definitions within the same Schedule, creating a web of interdependent terms","Quantified thresholds requiring calculation: Alcohol consumption factors specify exact kilogram amounts (44kg for males, 30kg for females) over 3-year periods, requiring conversion from standard drinks (10g alcohol each) to total mass calculations","Conditional logic in section 9(7): The medical treatment factor applies only to aggravation cases with specific temporal restrictions ('before or during' service but 'not arising out of' service)","Dual legislative framework application: Instrument operates under both VEA and MRCA with slightly different service categories in each","Incorporation by reference: ICD-10-AM codes (Tenth Edition, 1 July 2017 version) are explicitly adopted for classification purposes, binding the instrument to external medical coding standards"],"plain_english_summary":"This instrument sets a medical-legal test for veterans, peacekeepers and current/former defence members seeking compensation for melioidosis — a tropical bacterial infection — under the VEA and MRCA. It uses a \"reasonable hypothesis\" threshold (lower than definitive proof): if at least one listed factor plausibly links the infection to service, the claim can proceed. It matters because service in tropical areas raises exposure risk and melioidosis often mimics other illnesses."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2014 Statement (s4) and replaces it with updated, more detailed factors and definitions. Key scope changes in the text include the explicit listing of exposure routes and medical risk factors (Schedule; s9(1)–(3)), sex‑specific alcohol consumption thresholds (s9(4)–(5)), a defined immunocompromised state and specified comorbidities (Schedule), and the addition (and conditional application) of inability to obtain appropriate clinical management as a factor (s9(7); s10(2)). The instrument continues to apply to claims under VEA s120A and MRCA s338 (s5) but alters the substantive criteria used to raise a reasonable hypothesis linking melioidosis to relevant service."},"complexity_factors":["Technical medical definitions and diagnostic references (melioidosis definition; ICD‑10‑AM cross‑reference) increasing evidentiary complexity (s7(2)–(4)).","Specific measurable thresholds for alcohol use expressed in kilograms over 3 years (males 44 kg; females 30 kg) require retrospective quantification of consumption (s9(4)–(5); Schedule note on measurement).","Detailed exposure pathways (ingestion, direct contact, inhalation, contaminated medical objects) require proof of particular modes of contact with Burkholderia pseudomallei (Schedule: being exposed to Burkholderia pseudomallei).","Defined clinical risk states and diseases (immunocompromised, chronic kidney/lung disease, diabetes, cirrhosis, etc.) create multi‑disciplinary medical assessment needs (s9(2)–(3); Schedule: specified list of medical conditions).","Application limited to statutory claim streams (claims under s120A VEA or s338 MRCA), so administrative law and benefit rules determine who pays and how decisions are implemented (s5).","Interaction with other Statements of Principles means factors that overlap other diseases defer to those instruments, adding interpretive complexity (s11).","Temporal and causal link requirement: each qualifying factor must be related to the person’s relevant service, imposing legal causation assessment beyond medical diagnosis (s10(1)).","Narrow application and timing for inability to obtain appropriate clinical management as a factor — applies only to material contribution/aggravation where infection preceded or occurred during service but did not arise out of service — adds a conditional legal caveat (s9(7); s10(2)).","Repeal of the 2014 Statement and replacement by this instrument requires claimants and decision makers to apply the updated criteria from commencement, creating transitional/administrative effects (s4; s2).","Administrative discretion and evidentiary burden: the Repatriation Medical Authority records reliance on medical‑scientific evidence (s8), but claim outcomes depend on documentary proof of exposure, diagnoses, treatment access, alcohol history and timing, producing variable compliance costs for claimants and verification costs for the decision maker (s8; s9; Schedule definitions)."],"plain_english_summary":"This instrument sets the medical criteria used to decide if melioidosis (infection by Burkholderia pseudomallei) or death from it is reasonably connected to a person’s military/relevant service for claims under the VEA or MRCA (s3, s5, s7). It lists exposure pathways and risk factors — defined comorbidities, immunocompromised states and sex‑specific alcohol thresholds — and requires the factor(s) be related to the service; the Repatriation Medical Authority says this is grounded in medical‑scientific evidence (s8, s9, s10)."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-melioidosis-reasonable-hypothesis-no-55-of-2023","history":"/api/acts/statement-of-principles-concerning-melioidosis-reasonable-hypothesis-no-55-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-melioidosis-reasonable-hypothesis-no-55-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-melioidosis-reasonable-hypothesis-no-55-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-melioidosis-reasonable-hypothesis-no-55-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-melioidosis-reasonable-hypothesis-no-55-of-2023/documents"}}