{"id":"F2019L01354","name":"Statement of Principles concerning Ross River virus infection (Balance of Probabilities) (No. 95 of 2019)","slug":"statement-of-principles-concerning-ross-river-virus-infection-balance-of-probabilities-no-95-of-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440277,"registerId":"F2019L01354-fast-fetch-1775955962706","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Ross River virus infection (Balance of Probabilities) (No. 95 of 2019)","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\nROSS RIVER VIRUS INFECTION (Balance of Probabilities)\n\n(No. 95 of 2019)\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 18 October 2019\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 Ross River virus infection (Balance of Probabilities) (No. 95 of 2019).\n\n2 Commencement\n\n This instrument commences on 18 November 2019.\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 Ross River virus infection No. 91 of 2010 (Federal Register of Legislation No. F2010L02847) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 Ross River virus infection and death from Ross River virus infection.\n\nMeaning of Ross River virus infection\n\n(2) For the purposes of this Statement of Principles, Ross River virus infection means a symptomatic, clinical illness caused by infection with Ross River virus.\n\nNote 1: Ross River virus is transmitted by Aedes and Culex mosquitoes.\n\nNote 2: Typical symptoms of Ross River virus infection include fever with arthralgia, rash, myalgia and lethargy.\n\n(3) While Ross River virus infection attracts ICD‑10‑AM code B33.1, in applying this Statement of Principles the meaning of Ross River virus 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 Ross River virus infection\n\n(5) For the purposes of this Statement of Principles, Ross River virus infection, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Ross River virus 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 Ross River virus infection and death from Ross River virus 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, Ross River virus infection or death from Ross River virus infection is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to the Ross River virus between three and 21 days before the clinical onset of Ross River virus infection;\n\nNote: being exposed to the Ross River virus is defined in the Schedule 1 - Dictionary. \n\n(2) being in a country or geographic area that has experienced Ross River virus transmission, between three and 21 days before the clinical onset of Ross River virus infection;\n\nNote: country or geographic area that has experienced Ross River virus transmission is defined in the Schedule 1 - Dictionary.\n\n(3) inability to obtain appropriate clinical management for Ross River virus 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(3) applies only to material contribution to, or aggravation of, Ross River virus infection where the person's Ross River virus 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 the Ross River virus means:\n\n(a) being bitten by a mosquito that is infected with Ross River virus; or\n\n(b) receiving a blood transfusion, a blood product, a stem cell transplant or an organ transplant, where the blood, tissue or organ is derived from a person infected with Ross River virus.\n\n country or geographic area that has experienced Ross River virus transmission means:\n\n(a) American Samoa;\n\n(b) Australia;\n\n(c) Cook Islands;\n\n(d) East Timor;\n\n(e) Fiji;\n\n(f) French Polynesia;\n\n(g) Indonesia east of the Weber line;\n\n(h) New Caledonia;\n\n(i) Papua New Guinea;\n\n(j) Solomon Islands; or\n\n(k) Wallis and Futuna.\n\nNote: The Weber line means a hypothetical boundary lying along the Australo-Papuan Shelf, which is the common boundary of the Asian and Australian faunal regions, and is located to the east of Timor.\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 Ross River virus infection—see subsection 7(2).\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","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2010 Statement of Principles (s4) and reissues criteria that govern claims under the VEA and MRCA (s5). The replacement updates definitions, the geographic list and factors (Schedule 1; s9), and continues to treat causation on the balance of probabilities (s8), so the legal scope for decisions has been revised by the Authority."},"complexity_factors":["Legal standard and decision-maker discretion: uses 'balance of probabilities' and relies on the Authority's view of 'sound medical‑scientific evidence' (s8), giving the Repatriation Medical Authority a central evaluative role (s3).","Time-window requirement: links exposure to a strict 3–21 day interval before clinical onset, which creates a narrow temporal evidentiary test (s9(1)–(2)).","Multiple exposure pathways: defines 'being exposed' to include mosquito bite and transfusion/transplant routes, widening factual scenarios that must be proved (Schedule 1).","Geographic specificity: supplies a closed list of countries/areas where transmission is recognised, so location evidence is decisive (Schedule 1).","Treatment/access factor: 'inability to obtain appropriate clinical management' is an alternative factor but is limited to material contribution/aggravation where infection preceded or occurred during (but did not arise out of) service (s9(3), s10(2)).","Death linkage: includes death where Ross River infection contributed via defined terminal events, requiring causation analysis of proximate/ultimate causes (s7(5); Schedule 1 terminal event).","Cross‑references and interaction: applies alongside other Statements of Principles and broader statutes (VEA, MRCA) and can incorporate factors from other SOPs (s5, s11).","Evidentiary and administrative burden: claimants must produce proof of presence in a transmission area, exposure pathway, timing, or documented inability to obtain care — facts often requiring medical records, travel/service records and expert opinion (s9, s10, Schedule 1).","Repeal and update: replaces the 2010 Statement, so practitioners must reconcile changes against prior criteria (s4)."],"plain_english_summary":"This instrument sets the medical criteria the Repatriation Medical Authority uses to decide, on the balance of probabilities, whether Ross River virus infection (including death where the infection contributed) is connected to a person's military service. It applies to claims made under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act.\n\nIt matters because it defines what counts as exposure, the geographic and timing windows for service‑connection, and the evidentiary test claimants must meet to establish entitlement."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard replacement instrument that maintains the same scope as its predecessor. It continues to address only Ross River virus infection in the context of veterans' compensation claims, with no expansion into new areas of law or policy."},"complexity_factors":["Straightforward structure with only 11 main sections plus a short dictionary","Only 7 defined terms in Schedule 1, all clearly explained","Simple conditional logic: three alternative factors, only one needs to be met","Limited cross-referencing — primarily internal references to the Dictionary and two parent Acts (VEA and MRCA)","No nested exceptions or complex temporal calculations beyond the 3-21 day window","Geographic definitions are explicit lists rather than ambiguous descriptions"],"plain_english_summary":"This instrument sets when veterans and current/former defence members can claim compensation for Ross River virus by defining how infection is linked to service: recent exposure (mosquito bite or infected medical material), presence in specified high‑risk areas within the incubation window, or failure to receive proper treatment if the condition preexisted. It affects those with eligible war or defence service under the MRCA and replaces the 2010 instrument, updating medical and geographic definitions."},"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-ross-river-virus-infection-balance-of-probabilities-no-95-of-2019","history":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-balance-of-probabilities-no-95-of-2019/history","analysis":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-balance-of-probabilities-no-95-of-2019/analysis","conflicts":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-balance-of-probabilities-no-95-of-2019/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-balance-of-probabilities-no-95-of-2019/important-cases","documents":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-balance-of-probabilities-no-95-of-2019/documents"}}