Statement of Principles concerning coronavirus disease 2019 (COVID-19) (Reasonable Hypothesis) (No. 46 of 2020)
1Statement of Principles concerning coronavirus disease 2019 (COVID-19) (Reasonable Hypothesis) (No. 46 of 2020)
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6 Kind of injury, disease or death to which this Statement of Principles relates
7 Basis for determining the factors
8 Factors that must exist
9 Relationship to service
10 Factors referring to an injury or disease covered by another Statement of Principles
Schedule 1 - Dictionary
1 Definitions
1 Name
This is the Statement of Principles concerning coronavirus disease 2019 (COVID-19) (Reasonable Hypothesis) (No. 46 of 2020).
2 Commencement
This instrument commences on 22 June 2020.
3 Authority
This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.
4 Application
This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies.
5 Definitions
Section 1 - Statement of Principles concerning coronavirus disease 2019 (COVID-19) (Reasonable Hypothesis) (No. 46 of 2020) - Statement of Principles concerning coronavirus disease 2019 (COVID-19) (Reasonable Hypothesis) (No. 46 of 2020) | Zoe
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
6 Kind of injury, disease or death to which this Statement of Principles relates
(1) This Statement of Principles is about coronavirus disease 2019 (COVID-19) and death from coronavirus disease 2019 (COVID-19).
Meaning of coronavirus disease 2019 (COVID-19)
(2) For the purposes of this Statement of Principles, coronavirus disease 2019 (COVID-19) means an illness caused by infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
Note: Typical clinical features of coronavirus disease 2019 (COVID-19) include fever, chills, cough, sore throat, headache, muscle pain, fatigue, shortness of breath, pneumonia and new loss of taste and smell.
Death from coronavirus disease 2019 (COVID-19)
(3) For the purposes of this Statement of Principles, coronavirus disease 2019 (COVID-19), in relation to a person, includes death from a terminal event or condition that was contributed to by the person's coronavirus disease 2019 (COVID-19).
Note: terminal event is defined in the Schedule 1 – Dictionary.
7 Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that coronavirus disease 2019 (COVID-19) and death from coronavirus disease 2019 (COVID-19) 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.
Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.
8 Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting coronavirus disease 2019 (COVID-19) or death from coronavirus disease 2019 (COVID-19) with the circumstances of a person's relevant service:
(1) being exposed to SARS-CoV-2 as specified within the 14 days before the clinical onset of coronavirus disease 2019 (COVID-19);
Note: being exposed to SARS-CoV-2 as specified is defined in the Schedule 1 - Dictionary.
(2) inability to obtain appropriate clinical management for coronavirus disease 2019 (COVID-19).
9 Relationship to service
(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.
(2) The factor set out in subsection 8(2) applies only to material contribution to, or aggravation of, coronavirus disease 2019 (COVID-19) where the person's coronavirus disease 2019 (COVID-19) was suffered or contracted before or during (but did not arise out of) the person's relevant service.
10 Factors referring to an injury or disease covered by another Statement of Principles
In this Statement of Principles:
(1) if a factor referred to in section 8 applies in relation to a person; and
(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;
then 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.
Schedule 1 - Dictionary
Note: See Section 5
1 Definitions
In this instrument:
being exposed to SARS-CoV-2 as specified means:
(a) being in a country or an area of a country that is experiencing current SARS-CoV-2 transmission; or
(b) being in the same household, or immediate work or travel environment, as a person with SARS-CoV-2 infection; or
(c) having direct contact with an object or substance contaminated with SARS-CoV-2; or
(d) having direct contact with, or being within two metres of, a person with SARS-CoV-2 infection; or
(e) inhaling droplet nuclei or aerosols contaminated with SARS-CoV-2.