{"id":"F2018L00019","name":"Statement of Principles concerning Zika virus infection (Balance of Probabilities) (No. 16 of 2018)","slug":"statement-of-principles-concerning-zika-virus-infection-balance-of-probabilities-no-16-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439453,"registerId":"F2018L00019-fast-fetch-1775955474009","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning Zika virus infection (Balance of Probabilities) (No. 16 of 2018)","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\nZIKA VIRUS INFECTION (Balance of Probabilities)\n\n(No. 16 of 2018)\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 22 December 2017\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 Application\n\n5 Definitions\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n7 Basis for determining the factors\n\n8 Factors that must exist\n\n9 Relationship to service\n\n10 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 Zika virus infection (Balance of Probabilities) (No. 16 of 2018).\n\n2 Commencement\n\n This instrument commences on 29 January 2018.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 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\n5 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n6 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about Zika virus infection and death from Zika virus infection.\n\nMeaning of Zika virus infection\n\n(2) For the purposes of this Statement of Principles, Zika virus infection means a symptomatic, clinical illness caused by the Zika virus, which has been confirmed by laboratory testing.\n\nNote: Typical symptoms of Zika virus infection include an itchy macular or maculopapular rash, tiredness, headache, arthralgias, myalgias, non-purulent conjunctivitis, lower back pain and mild fever.\n\nDeath from Zika virus infection\n\n(3) For the purposes of this Statement of Principles, Zika virus infection, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Zika virus infection.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n7 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 Zika virus infection and death from Zika 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\n8 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, Zika virus infection or death from Zika virus infection is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to the Zika virus between one and 21 days before the clinical onset of Zika virus infection;\n\nNote: being exposed to the Zika virus is defined in the Schedule 1 - Dictionary. \n\n(2) inability to obtain appropriate clinical management for Zika virus infection.\n\n9 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 8, must be related to the relevant service rendered by the person.\n\n(2) The factor set out in subsection 8(2) applies only to material contribution to, or aggravation of, Zika virus infection where the person's Zika virus infection was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n10 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 8 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 5\n\n1 Definitions\n\nIn this instrument:\n\n being exposed to the Zika virus means one of the following:\n\n(a) being bitten by a mosquito that is infected with the Zika virus;\n\n(b) being in a country or an area of a country that has been designated by a recognised health authority to be experiencing current Zika virus transmission;\n\n(c) having percutaneous or mucocutaneous exposure to blood infected with the Zika virus;\n\n(d) having sexual contact with a person infected with the Zika virus; or\n\n(e) receiving a blood transfusion, blood products, a stem cell transplant or an organ transplant infected with the Zika virus.\n\nNote: Examples of recognised health authorities include the World Health Organization, the Centers for Disease Control and Prevention, and national government health departments.\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 Zika virus infection—see subsection 6(2).\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It addresses only Zika virus infection and death therefrom, with tightly defined exposure criteria. There is no evidence of scope creep; the instrument does not attempt to cover other arboviruses or expand beyond the specific disease it was designed to address."},"complexity_factors":["Short, focused instrument (approximately 1,500 words) dealing with a single disease","Only 7 defined terms in the Dictionary (Schedule 1)","Simple binary structure: two alternative factors in section 8, with one limitation in section 9(2)","Minimal cross-referencing — only refers to external legislation (VEA, MRCA) for context","Clear temporal trigger (1–21 days) and explicit exposure pathways","No nested exceptions or conditional logic beyond the single limitation in section 9(2) regarding pre-existing conditions"],"plain_english_summary":"This Statement of Principles sets the medical and legal test for linking Zika virus infection to Australian Defence service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, using the \"balance of probabilities\" standard. It affects current and former ADF members (including peacetime/non‑operational deployments) and family claimants for deceased veterans. A claim succeeds if it’s more likely than not that the service involved recent exposure to Zika (e.g., mosquito bites, travel to affected areas, blood/sexual/medical exposure) or service prevented proper treatment and worsened the infection."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not expand entitlement pathways beyond existing VEA/MRCA claims; it clarifies medical and temporal criteria for linking Zika infection (and related death) to relevant service and defines exposure modes and terminal events. It therefore refines causation rules used in decision‑making rather than changing who is eligible. (See application — section 4; definition and confirmation requirements — section 6(2); qualifying factors — section 8; relationship to service — section 9.)"},"complexity_factors":["Requires laboratory confirmation of symptomatic Zika infection (evidentiary burden) — subsection 6(2).","Short and specific exposure window (1–21 days before clinical onset) narrows causation timing — section 8(1).","Broad, multi‑modal definition of ‘being exposed to the Zika virus’ increases factual inquiry (mosquito bite, travel to transmission area, sexual contact, transfusion, mucocutaneous/percutaneous exposure) — Schedule 1 definitions (items (a)–(e)).","Second causation factor — inability to obtain appropriate clinical management — is conditional and limited to material contribution or aggravation where infection pre‑existed service (legal nuance increases assessment complexity) — section 8(2) and section 9(2).","Requirement that any qualifying factor be related to the person's relevant service adds a connection‑to‑service legal test (linking facts to entitlement) — section 9(1).","Interaction clause with other Statements of Principles requires cross‑reference where overlapping conditions exist (administrative coordination) — section 10.","Applies specifically to VEA/MRCA claim processes (scope limited to those statutory pathways) — section 4.","Decision standard is the civil balance of probabilities, not a higher medical certainty standard, affecting evidentiary evaluation — section 7."],"plain_english_summary":"This Statement of Principles sets the medical criteria the Repatriation Medical Authority uses to decide whether symptomatic, laboratory‑confirmed Zika virus infection (and deaths to which Zika contributed) is connected to a veteran's or member's relevant service for claims under the VEA and MRCA. \n\nIt requires either documented exposure to Zika within 1–21 days before symptom onset or an inability to obtain appropriate clinical management, and specifies how ‘exposure’ and terminal events are defined, determining entitlement on the balance of probabilities."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-zika-virus-infection-balance-of-probabilities-no-16-of-2018","history":"/api/acts/statement-of-principles-concerning-zika-virus-infection-balance-of-probabilities-no-16-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-zika-virus-infection-balance-of-probabilities-no-16-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-zika-virus-infection-balance-of-probabilities-no-16-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-zika-virus-infection-balance-of-probabilities-no-16-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-zika-virus-infection-balance-of-probabilities-no-16-of-2018/documents"}}