{"id":"F2019L01355","name":"Statement of Principles concerning Ross River virus infection (Reasonable Hypothesis) (No. 94 of 2019)","slug":"statement-of-principles-concerning-ross-river-virus-infection-reasonable-hypothesis-no-94-of-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100195,"registerId":"commonwealth-F2019L01355-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Ross River virus infection (Reasonable Hypothesis) (No. 94 of 2019)","content":"![Commonwealth Coat of Arms](image.001.png)\n\nStatement of Principles concerning Ross River virus infection (Reasonable Hypothesis) (No. 94 of 2019)\n\nmade under subsection 196B(2) of the\n\nVeterans' Entitlements Act 1986\n\nCompilation No. 1\n\nCompilation date: 22 October 2019\n\nIncludes amendments up to: Amendment Statement of Principles concerning Ross River virus infection (Reasonable Hypothesis) (No. 103 of 2019) (F2019L01370)\n\nThe day of commencement of this Amendment Statement of Principles concerning Ross River virus infection is 22 October 2019.\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Statement of Principles concerning Ross River virus infection (Reasonable Hypothesis) (No. 94 of 2019) that shows the text of the law as amended and in force on 22 October 2019.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n\\[![RMA-Red](image.002.jpeg)\n\nStatement of Principles\n\nconcerning\n\nROSS RIVER VIRUS INFECTION  \n(Reasonable Hypothesis)\n\n(No. 94 of 2019)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.\n\nDated 18 October 2019\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\n1 Name\n\nThis is the Statement of Principles concerning Ross River virus infection (Reasonable Hypothesis) (No. 94 of 2019).\n\n2 Commencement\n\nThis instrument commences on 18 November 2019.\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 Ross River virus infection No. 90 of 2010 (Federal Register of Legislation No. F2010L02846) 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 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\n> Note 1: Ross River virus is transmitted by Aedes and Culex mosquitoes.\n\n> Note 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\n> Note: 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 Ross River virus infection and death from Ross River virus infection 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\n> Note: 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 Ross River virus infection or death from Ross River virus infection 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\n> Note: 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\n> Note: 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(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\nSchedule 1 \\- Dictionary\n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\nbeing 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\ncountry 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\n> Note: 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\nMRCA means the Military Rehabilitation and Compensation Act 2004.\n\nrelevant 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\n> Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\nRoss River virus infection—see subsection 7(2).\n\nterminal 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\nVEA means the Veterans' Entitlements Act 1986.\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n|                                                | o = order(s)                        |\n| ---------------------------------------------- | ----------------------------------- |\n| ad = added or inserted                         | Ord = Ordinance                     |\n| am = amended                                   | orig = original                     |\n| amdt = amendment                               | par = paragraph(s)/subparagraph(s)  |\n| c = clause(s)                                  | /sub‑subparagraph(s)                |\n| C[x] = Compilation No. x                       | pres = present                      |\n| Ch = Chapter(s)                                | prev = previous                     |\n| def = definition(s)                            | (prev…) = previously                |\n| Dict = Dictionary                              | Pt = Part(s)                        |\n| disallowed = disallowed by Parliament          | r = regulation(s)/rule(s)           |\n| Div = Division(s)                              |                                     |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated                   |\n| effect                                         | renum = renumbered                  |\n| F = Federal Register of Legislation            | rep = repealed                      |\n| gaz = gazette                                  | rs = repealed and substituted       |\n| LA = Legislation Act 2003                      | s = section(s)/subsection(s)        |\n| LIA = Legislative Instruments Act 2003         | Sch = Schedule(s)                   |\n| (md) = misdescribed amendment can be given     | Sdiv = Subdivision(s)               |\n| effect                                         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n|                                                | commenced or to be commenced        |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                              | Registration               | Commencement     | Application, saving and transitional provisions |\n| ----------------------------------------------------------------------------------------------------------------- | -------------------------- | ---------------- | ----------------------------------------------- |\n| Statement of Principles concerning Ross River virus infection (Reasonable Hypothesis) (No. 94 of 2019)            | 21 October 2019F2019L01355 | 18 November 2018 |                                                 |\n| Amendment Statement of Principles concerning Ross River virus infection (Reasonable Hypothesis) (No. 103 of 2019) | 23 October 2019F2019L01370 | 22 October 2019  |                                                 |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected        |\n| ------------------ | ------------------- |\n| Section 2……………….   | am. No. 103 of 2019 |","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Section 4 repeals the earlier 2010 Statement and the instrument replaces it with updated definitions, qualifying factors and a geographic list (see ss4, 7–9 and Schedule 1), thereby altering the operative criteria for when Ross River virus infection is treated as connected to relevant service under the VEA/MRCA."},"complexity_factors":["Repeals prior Statement No. 90 of 2010 and replaces the governing instrument (s4).","Defines Ross River virus infection clinically and cites ICD‑10‑AM code while giving its own operative definition (s7(2)–(4)).","Specifies a narrow exposure-to-onset time window of 3–21 days (s9(1)–(2)).","Provides multiple alternative qualifying factors (exposure, geographic presence of transmission, inability to obtain appropriate clinical management) rather than a single test (s9).","Requires that any qualifying factor be related to the person's relevant service as defined in the instrument (s10; Schedule 1 definition of relevant service).","Cross‑references other Statements of Principles where factors overlap, creating interdependence between instruments (s11).","Includes death via contribution to a terminal event and lists terminal events, expanding application beyond initial illness (s7(5); Schedule 1).","Contains an explicit list of countries/geographic areas considered to have experienced transmission, which can create bright‑line but jurisdictionally specific rules (Schedule 1)."],"plain_english_summary":"This instrument sets a Statement of Principles under the Veterans' Entitlements Act that defines when Ross River virus infection (and death from it) can be reasonably linked to a person's relevant service for VEA/MRCA claims. It repeals the 2010 statement and lists the medical/temporal and geographic factors that must exist (for example, exposure or travel to listed transmission areas within 3–21 days, or lack of appropriate clinical management) to raise the reasonable‑hypothesis connection."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It replaces the 2010 version (No. 90 of 2010) with updated medical and geographic definitions but does not expand beyond its original purpose of establishing compensation criteria for Ross River virus infection in the veteran community. The amendment history shows only a minor technical amendment to section 2 (commencement date)."},"complexity_factors":["Short, focused instrument with only 11 operative sections plus a dictionary","Straightforward structure: definitions, application, three simple factors, relationship to service","Limited cross-referencing — primarily internal references to the Schedule 1 Dictionary and defined terms","Minimal conditional logic — only one nested condition in section 9(3)/section 10(2) regarding aggravation of pre-existing conditions","12 defined terms in the Dictionary, all with clear, concrete meanings","No exceptions to exceptions or deeply nested subsections","Geographic list is exhaustive and closed (11 specific locations), removing interpretive ambiguity"],"plain_english_summary":"This instrument sets when Ross River virus infection can be accepted as related to Australian military service, affecting veterans and current/former defence members covered by the VEA 1986 or MRCA 2004 who served in operations, peacekeeping, hazardous service or nuclear tests.\n\nIf a plausible link between the infection and service is shown—such as exposure during the incubation period, presence in named high-risk regions, or service-related worsening due to lack of treatment—the law presumes a service connection, easing access to pensions, treatment and death claims."},"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-reasonable-hypothesis-no-94-of-2019","history":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-reasonable-hypothesis-no-94-of-2019/history","analysis":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-reasonable-hypothesis-no-94-of-2019/analysis","conflicts":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-reasonable-hypothesis-no-94-of-2019/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-reasonable-hypothesis-no-94-of-2019/important-cases","documents":"/api/acts/statement-of-principles-concerning-ross-river-virus-infection-reasonable-hypothesis-no-94-of-2019/documents"}}