Statement of Principles concerning opisthorchiasis No. 112 of 2007 (Cth)
Statement of Principles
concerning
OPISTHORCHIASIS
No. 112 of 2007
for the purposes of the
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
This Instrument may be cited as Statement of Principles concerning opisthorchiasis No. 112 of 2007.
Determination
The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 6 of 1995, as amended by Instrument No. 125 of 1995, concerning opisthorchiasis; and
(b) determines in their place this Statement of Principles.
Kind of injury, disease or death
(a) This Statement of Principles is about opisthorchiasis and death from opisthorchiasis.
(b)For the purposes of this Statement of Principles, "opisthorchiasis" means an infection of the biliary system by the trematodes Opisthorchis felineus or Opisthorchis viverrini.
(c)Opisthorchiasis attracts ICD-10-AM code B66.0.
(d)In the application of this Statement of Principles, the definition of "opisthorchiasis" is that given at paragraph 3(b) above.
Basis for determining the factors
On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that opisthorchiasis and death from opisthorchiasis 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
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
The factor that must exist before it can be said that, on the balance of probabilities, opisthorchiasis or death from opisthorchiasis is connected with the circumstances of a person’s relevant service is:
(a)for infection with Opisthorcis viverrini only, ingesting the skin or flesh of raw, undercooked, iced, pickled or smoked fresh water fish from one of the areas in Specified List 1, before the clinical onset of opisthorchiasis; or
(b)for infection with Opisthorcis felineus only, ingesting the skin or flesh of raw, undercooked, iced, pickled or smoked fresh water fish from one of the areas in Specified List 2, before the clinical onset of opisthorchiasis; or
(c)inability to obtain appropriate clinical management for opisthorchiasis.
Factors that apply only to material contribution or aggravation
Paragraph 6(c) applies only to material contribution to, or aggravation of, opisthorchiasis where the person’s opisthorchiasis was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
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
For the purposes of this Statement of Principles:
"death from opisthorchiasis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s opisthorchiasis;
"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 areas in Specified List 1" means:
(a)Burma (Myanmar);
(b)Cambodia;
(c)Laos;
(d)Thailand; or
(e)Vietnam;
"one of the areas in Specified List 2" means:
(a)Burma (Myanmar);
(b)Cambodia;
(c)Central and Eastern Europe, namely Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Germany, Hungary, Kosovo, Latvia, Lithuania, Former Yugoslav Republic of Macedonia, Moldavia, Montenegro, Poland, Romania, Slovakia, Slovenia and Serbia;
(d)Japan;
(e)India;
(f)Laos;
(g)Thailand;
(h)the states of the former Union of Soviet Socialist Republics; or
(i)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
This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
Date of effect
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
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