Statement of Principles concerning poisoning and toxic reaction from plants No. 165 of 1995 (Cth)

Instrument No.165 of 1995

Statement of Principles

concerning

POISONING AND TOXIC REACTION FROM PLANTS

ICD CODES: 988.1, 988.2, 708.8

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 poisoning and toxic reaction from plants and death from poisoning and toxic reaction from plants 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, poisoning and toxic reaction from plants or death from poisoning and toxic reaction from plants is connected with the circumstances of that service, are:

(a)       being exposed to, ingesting, having contact through the skin with, or in any other way being affected by, the poison of a plant before the clinical onset of poisoning and toxic reaction from that plant; or

(b)       inability to obtain appropriate clinical management for the poisoning and toxic reaction from a plant.

2.         Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) and 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 poisoning and toxic reaction from plants developed before a period, or part of a period, of service to which the factor is related; and

(b)       the relationship suggested between the poisoning and toxic reaction from plants 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:

“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;

“poison” is any substance which, when relatively small amounts are ingested, inhaled, absorbed, applied upon, injected into, or developed within the body, has chemical action that may cause damage to the body's structure or disturbance of function (it is also known as a toxin);

“poisoning and toxic reaction from plants ” means the local or systemic effects, symptoms, illness or death produced by any members of the plant kingdom which contains a poison, including the toxic effect of mushrooms, berries or other plants consumed as food, also nettle rash, but excluding the effects of plant substances prepared for human use such as pharmaceuticals, cosmetics, toiletries, tobacco or alcohol; attracting ICD code 988.1, 988.2, or 708.8.

Note: Contact dermatitis due to plants is covered by the Statements of Principles for Contact Dermatitis (Instrument Nos. 75 & 76 of 1995).

Dated this       Twenty-fifth            day of              May          1995

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN