Statement of Principles concerning human immunodeficiency virus infection (Reasonable Hypothesis) (No. 5 of 2019) (Cth)

Statement of Principles concerning HUMAN IMMUNODEFICIENCY VIRUS INFECTION (Reasonable Hypothesis) (No. 5 of 2019) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986.

Dated 21 December 2018

The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:

Professor Nicholas Saunders AO Chairperson

Contents 1 Name 2 Commencement 3 Authority 4 Repeal 5 Application 6 Definitions 7 Kind of injury, disease or death to which this Statement of Principles relates 8 Basis for determining the factors 9 Factors that must exist 10 Relationship to service 11 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 human immunodeficiency virus infection (Reasonable Hypothesis) (No. 5 of 2019). 2 Commencement This instrument commences on 28 January 2019. 3 Authority This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning human immunodeficiency virus No. 5 of 2010 (Federal Register of Legislation No. F2010L00012) made under subsection 196B(2) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004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. 6 Definitions The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument. 7 Kind of injury, disease or death to which this Statement of Principles relates (1) This Statement of Principles is about human immunodeficiency virus infection and death from human immunodeficiency virus infection. Meaning of human immunodeficiency virus infection (2) For the purposes of this Statement of Principles, human immunodeficiency virus infection means an infection that is caused by one of the human retroviruses, human immunodeficiency virus-1 (HIV‑1) or human immunodeficiency virus-2 (HIV‑2). (3) While human immunodeficiency virus infection attracts ICD‑10‑AM code B20, B21, B22, B23, B24 or Z21, in applying this Statement of Principles the meaning of human immunodeficiency virus infection is that given in subsection (2). (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. Death from human immunodeficiency virus infection (5) For the purposes of this Statement of Principles, human immunodeficiency virus infection, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's human immunodeficiency virus infection. Note: terminal event is defined in the Schedule 1 – Dictionary. 8 Basis for determining the factors The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that human immunodeficiency virus infection and death from human immunodeficiency 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. Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary. 9 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 human immunodeficiency virus infection or death from human immunodeficiency virus infection with the circumstances of a person's relevant service: (1) being exposed to HIV-1 or HIV-2 before the clinical onset of human immunodeficiency virus infection; Note: being exposed to HIV-1 or HIV-2 is defined in the Schedule 1 - Dictionary. (2) having: