{"id":"F2018L00018","name":"Statement of Principles concerning Zika virus infection (Reasonable Hypothesis) (No. 15 of 2018)","slug":"statement-of-principles-concerning-zika-virus-infection-reasonable-hypothesis-no-15-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439455,"registerId":"F2018L00018-fast-fetch-1775955474050","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 (Reasonable Hypothesis) (No. 15 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 (Reasonable Hypothesis)\n\n(No. 15 of 2018)\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 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 (Reasonable Hypothesis) (No. 15 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(2) of the Veterans' Entitlements Act 1986.\n\n4 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\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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that Zika virus infection and death from Zika 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\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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting Zika virus infection or death from Zika virus infection 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(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 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) 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 Zika virus infection—see subsection 6(2).\n\n \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":"The instrument remains tightly focused on its original purpose: establishing the causal connection test for Zika virus infection in veterans' compensation claims. It does not expand beyond the specific disease to cover related conditions or broader public health contexts."},"complexity_factors":["Short, self-contained instrument (approximately 1,500 words)","Only 7 defined terms in the Dictionary (Schedule 1)","Simple binary test structure: one of two factors must exist (section 8)","Minimal cross-referencing — only refers to parent Acts (VEA and MRCA) for service definitions","Single conditional limitation in section 9(2) restricting the clinical management factor to pre-existing conditions","No nested exceptions or complex temporal calculations beyond the 1–21 day exposure window","Straightforward incorporation mechanism in section 10 for other Statements of Principles"],"plain_english_summary":"This instrument establishes a Statement of Principles using the \"reasonable hypothesis\" test to link Zika virus infection to Australian Defence service, allowing veterans and current/former defence members covered by the VEA or MRCA to claim compensation without proving certainty.\n\nIt applies where service plausibly caused Zika (including mosquito exposure, sexual or transfusion/needlestick transmission) or where service prevented effective treatment of a pre‑existing infection, ensuring access to care and compensation for those deployed to affected areas."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument confines its scope to claims governed by section 120A of the VEA or section 338 of the MRCA (s4) and narrowly defines the covered condition (laboratory‑confirmed symptomatic Zika and death contributed to by Zika) and the qualifying factors (s6, s8). There is no text in the instrument indicating an expansion or contraction of that stated scope beyond those statutory claim pathways."},"complexity_factors":["Legal-technical cross‑references to primary statutes (VEA and MRCA) and claims provisions (s4, s3, s7)","Medical evidentiary requirement: laboratory confirmation of symptomatic Zika (s6(2))","Temporal exposure window constraint (1–21 days) that requires precise onset dating (s8(1))","Alternative non‑exposure pathway tied to health‑care access (inability to obtain appropriate clinical management) raising factual inquiries (s8(2), s9(2))","Defined list of exposure modes with several specific pathways (mosquito bite, travel to transmission area, blood/sex/transfusion/organ routes) increasing proof variety (Schedule 1)","Interaction with other Statements of Principles where overlapping injuries/diseases exist (s10)","Limited but consequential administrative discretion: Authority’s view forms the evidentiary basis (s7)"],"plain_english_summary":"This Statement of Principles, made by the Repatriation Medical Authority, sets the medical criteria used to decide whether Zika virus infection (including death contributed to by Zika) can be connected to a person’s relevant service for claims under the VEA or MRCA (s4, s6(3)). It requires laboratory-confirmed symptomatic infection (s6(2)) and at least one qualifying factor — either exposure within 1–21 days before symptoms (s8(1)) or inability to obtain appropriate clinical management (s8(2)) — and must be related to the person’s relevant service (s9)."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-zika-virus-infection-reasonable-hypothesis-no-15-of-2018","history":"/api/acts/statement-of-principles-concerning-zika-virus-infection-reasonable-hypothesis-no-15-of-2018/history","analysis":"/api/acts/statement-of-principles-concerning-zika-virus-infection-reasonable-hypothesis-no-15-of-2018/analysis","conflicts":"/api/acts/statement-of-principles-concerning-zika-virus-infection-reasonable-hypothesis-no-15-of-2018/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-zika-virus-infection-reasonable-hypothesis-no-15-of-2018/important-cases","documents":"/api/acts/statement-of-principles-concerning-zika-virus-infection-reasonable-hypothesis-no-15-of-2018/documents"}}