Statement of Principles concerning clonorchiasis No. 114 of 2007 (Cth)

Statement of Principles

concerning

CLONORCHIASIS

No. 114 of 2007

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

Title

1. This Instrument may be cited as Statement of Principles concerning clonorchiasis No. 114 of 2007.

Determination

1. The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a)       revokes Instrument No. 8 of 1995 concerning clonorchiasis; and

(b)       determines in its place this Statement of Principles.

Kind of injury, disease or death

1. (a)        This Statement of Principles is about clonorchiasis and death from clonorchiasis.

(b)For the purposes of this Statement of Principles, "clonorchiasis" means an infection of the biliary system by the trematode Clonorchis sinensis.

(c)Clonorchiasis attracts ICD-10-AM code B66.1.

(d)In the application of this Statement of Principles, the definition of "clonorchiasis" is that given at paragraph 3(b) above.

Basis for determining the factors

1. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that clonorchiasis and death from clonorchiasis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).

Factors that must be related to service

1. Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

Factors

1. The factor that must exist before it can be said that, on the balance of probabilities, clonorchiasis or death from clonorchiasis is connected with the circumstances of a person’s relevant service is:

(a)ingesting the skin or flesh of raw, undercooked, iced, pickled or smoked fresh water fish from one of the specified areas, before the clinical onset of clonorchiasis; or

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

Factors that apply only to material contribution or aggravation

1. Paragraph 6(b) applies only to material contribution to, or aggravation of, clonorchiasis where the person’s clonorchiasis was suffered or contracted before or during (but not arising out of) the person’s relevant service.

Inclusion of Statements of Principles

1. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Other definitions

1. For the purposes of this Statement of Principles:

"death from clonorchiasis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s clonorchiasis;

"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Fifth Edition, effective date of 1 July 2006, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 772 3;

"one of the specified areas" means:

(a)     Burma (Myanmar);

(b)     Cambodia;

(c)     China and Hong Kong;

(d)     Far eastern Russia extending west to 120° longitude;

(e)     Japan;

(f)     Korea;

(g)     Laos;

(h)     Taiwan;

(i)     Thailand; or

(j)     Vietnam;

"relevant service" means:

(a)       eligible war service (other than operational service) under the VEA; or

(b)       defence service (other than hazardous service) under the VEA; or

(c)       peacetime service under the MRCA;

"terminal event" means the proximate or ultimate cause of death and includes:

(a)     pneumonia;

(b)     respiratory failure;

(c)     cardiac arrest;

(d)     circulatory failure; or

(e)     cessation of brain function.

Application

1. This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.

Date of effect

1. This Instrument takes effect from 14 November 2007.

Dated this       first         day of              November    2007

The Common Seal of the                  )

Repatriation Medical Authority       )

was affixed to this instrument          )

in the presence of:   )

KEN DONALD

CHAIRPERSON