Statement of Principles concerning ascariasis (Reasonable Hypothesis) (No. 65 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00966 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

ASCARIASIS

(REASONABLE HYPOTHESIS) (NO. 65 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning ascariasis (Reasonable Hypothesis) (No. 65 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 9 of 2017 (Federal Register of Legislation No. F2017L00015) determined under subsection 196B(2) of the VEA concerning ascariasis.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that ascariasis and death from ascariasis can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles concerning ascariasis (Reasonable Hypothesis) (No. 65 of 2025).  This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

  1.              The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
  2.              The Statement of Principles sets out the factors that must as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:

 operational service under the VEA;

 peacekeeping service under the VEA;

 hazardous service under the VEA;

 British nuclear test defence service under the VEA;

 warlike service under the MRCA;

 non-warlike service under the MRCA,

before it can be said that a reasonable hypothesis has been raised connecting ascariasis or death from ascariasis, with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 October 2024 concerning ascariasis in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
  2.              The contents of this Instrument are in similar terms as the repealed Instrument.  Comparing this Instrument and the repealed Instrument, the differences include:
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of 'ascariasis' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning being exposed to Ascaris lumbricoides or Ascaris suum;
  • factors concerning 'being in a tropical or subtropical region' and 'living or working in warm and damp conditions' subsumed in factor in subsection 9(1)concerning being exposed to Ascaris lumbricoides or Ascaris suum; and
  • deleting the definitions of 'being exposed to Ascaris lumbricoides or Ascaris suum' and 'being in close contact with pigs'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to ascariasis in the Government Notices Gazette of 30 October 2024 and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants.  The Authority invited submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. No submissions were received for consideration by the Authority in relation to the investigation.

Human Rights

  1.              This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  A Statement of Compatibility with Human Rights follows.

Finalisation of Investigation

  1.          The determining of this Instrument finalises the investigation in relation to ascariasis as advertised in the Government Notices Gazette of 30 October 2024.

References

  1.          A list of references relating to the above condition is available on the Authority's website at: www.rma.gov.au. Any other document referred to in this Statement of Principles is available on request to the Repatriation Medical Authority at the following address:

              

Email:    info@rma.gov.au

Post:      The Registrar

Repatriation Medical Authority

GPO Box 1014

BRISBANE    QLD    4001


Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Statement of Principles No. 65 of 2025

Kind of Injury, Disease or Death: Ascariasis

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(2) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors connecting particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have ascariasis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the factors which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting ascariasis with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 9 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning ascariasis which have occurred since that earlier instrument was determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICESCR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICESCR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Statement of Principles concerning Ascariasis (Reasonable Hypothesis) (No. 65 of 2025) was enacted to address the gap in the legislative framework concerning the connection between ascariasis and certain kinds of service rendered by veterans and service personnel. This legislation, introduced under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, is a result of an investigation by the Repatriation Medical Authority, which found sufficient medical-scientific evidence linking ascariasis to specific types of military service. This instrument repeals and replaces Instrument No. 9 of 2017 to reflect the most recent scientific evidence. The purpose of this instrument is to facilitate the assessment and determination of claims for benefits and compensation for veterans and service personnel suffering from ascariasis, ensuring that these benefits are provided in a fair, proportionate, and transparent manner. The instrument outlines the minimum factors that must be present to establish a reasonable hypothesis connecting ascariasis with the service rendered, aiding both claimants and the Repatriation Commission and Military Rehabilitation and Compensation Commission in their respective roles. The instrument was developed following a formal investigation process, which included public notification and an opportunity for submissions from relevant stakeholders. This Statement of Principles is fully compatible with human rights, as it does not infringe upon any human rights and, in fact, promotes several human rights, including the right to social security, the right to an adequate standard of living, and the right to the highest attainable standard of health. The instrument ensures that these rights are exercised without discrimination, thus supporting the welfare and rehabilitation of affected veterans and service personnel.

Scope and Application

The Statement of Principles concerning ascariasis (Reasonable Hypothesis) (No. 65 of 2025), determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), provides the criteria for establishing a reasonable hypothesis linking ascariasis or death from ascariasis with particular kinds of service, including operational, peacekeeping, hazardous, British nuclear test defence service, warlike, and non-warlike service. This instrument replaces Instrument No. 9 of 2017, incorporating updated medical-scientific evidence. It applies to claims under both the VEA and MRCA, ensuring that claimants and the relevant Commissions can rely on the most current evidence when assessing eligibility for compensation and benefits. The Authority is committed to ensuring these rights are exercised without discrimination, as stipulated by international human rights instruments, thereby promoting the human rights of veterans and their dependents. This instrument is designed to facilitate the assessment and determination of social security benefits and compensation, thereby upholding veterans' rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

Key Provisions

The Statement of Principles concerning ascariasis (Reasonable Hypothesis) (No. 65 of 2025), as outlined in the explanatory statement, provides specific criteria for assessing claims related to ascariasis under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 2 of the statement specifies the commencement date of the instrument, while section 7 revises the definition of 'ascariasis' and updates references to medical coding standards. Additionally, section 9 refines the factors that must exist to establish a connection between ascariasis and particular types of military service, incorporating more precise exposure criteria. The obligations imposed by this Act require claimants to provide evidence that aligns with the outlined factors connecting their ascariasis to their service, including specific exposure to Ascaris lumbricoides or Ascaris suum and service in defined operational, peacekeeping, hazardous, or warlike contexts. The Repatriation Medical Authority (the Authority) and the relevant Commissions must assess claims based on the sound medical-scientific evidence presented, ensuring that all factors specified in the Statement of Principles are met. The process also involves transparency and accessibility, ensuring that eligible veterans and service personnel can effectively pursue their claims. Failure to comply with the provisions set forth in the Statement of Principles may result in denied claims or the overturning of previous decisions by the Veterans' Review Board or the Administrative Appeals Tribunal. While the Act does not specify explicit penalties for non-compliance, the consequences are primarily administrative, focusing on the accurate application of evidence and adherence to the criteria established by the Authority. This ensures that benefits are awarded only to those who meet the stringent medical-scientific standards outlined in the legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.