Veterans’ Entitlements Act 1986subsectioVeterans’ Entitlements Act 1986subsection 196B(3)

Veterans’ Entitlements Act 1986

subsection 196B(3)

1. Being of the view that on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that schistosomiasis and death from schistosomiasis can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, schistosomiasis or death from schistosomiasis is connected with the circumstances of that service, are:

(a) being in contact with water in an area described in the Schedule before the clinical onset of schistosomiasis; or

(b) inability to obtain appropriate clinical management for schistosomiasis.

2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(b) must be related to any service rendered by a person.

3. The factor set out in paragraph 1(b) applies only where:

(a) the person’s schistosomiasis was contracted before a period, or part of a period, of service to which the factor is related; and

(b) the relationship suggested between the schistosomiasis and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act.

4. For the purposes of this Statement of Principles:

“an area described in the Schedule” means an area described in the Schedule attached to this instrument, such area being an area in which the Schistosoma blood fluke is known to be distributed;

“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472;

“schistosomiasis” (otherwise known as bilharziasis) means infection by a parasite of the genus Schistosoma, (trematode flatworms, commonly known as blood flukes) being S. mansoni, S. haematobium, S. japonicum, S. intercalatum, S. mekongi or S. malayensis, attracting ICD code 120.

Schedule

Global Distribution of the Schistosoma Blood Fluke