Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00148 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

CLONORCHIASIS

(BALANCE OF PROBABILITIES) (NO. 26 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 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. 48 of 2016 (Federal Register of Legislation No. F2016L00562) determined under subsection 196B(3) of the VEA concerning clonorchiasis.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that clonorchiasis and death from clonorchiasis can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 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  This Instrument will in effect replace the repealed Statement of Principles.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 exist, and which of those factors must be related to the following kinds of service rendered by a person:

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

 defence service (other than hazardous service and British nuclear test defence service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, clonorchiasis or death from clonorchiasis is connected 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 25 June 2024 concerning clonorchiasis 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 'clonorchiasis' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning ingesting the skin or flesh of raw, undercooked, iced, pickled, or smoked freshwater fish; and
  • deleting the definition of 'specified list of countries'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to clonorchiasis in the Government Notices Gazette of 25 June 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 clonorchiasis as advertised in the Government Notices Gazette of 25 June 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. 26 of 2025

Kind of Injury, Disease or Death: Clonorchiasis

 

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(3) 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 clonorchiasis;
  • 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 exist before it can be said that, on the balance of probabilities, clonorchiasis is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 48 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning clonorchiasis 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 clonorchiasis (Balance of Probabilities) (No. 26 of 2025) was enacted by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986 to address the relationship between clonorchiasis and certain types of service. This Statement of Principles replaces the previous Instrument No. 48 of 2016 and aims to facilitate the assessment and determination of claims under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act 2004. The Authority determined this statement based on the available sound medical-scientific evidence, specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have clonorchiasis. This legislative instrument also ensures compatibility with human rights and promotes the rights of veterans, current and former Defence Force members, and their dependents by facilitating the assessment and determination of social security benefits and medical treatment. This legislative instrument addresses the gap in the existing framework by providing updated and specific factors connecting clonorchiasis with eligible service, thus improving the medico-scientific quality of outcomes under the relevant Acts. It ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, while also promoting the right to an adequate standard of living and the highest attainable standard of physical and mental health. The Statement of Principles does not derogate from any human rights and aligns 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.

Scope and Application

The Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 of 2025), as determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986, aims to establish the criteria under which clonorchiasis and death from clonorchiasis can be considered related to specific kinds of service. This instrument applies to veterans and current or former defence force members who may be eligible for benefits under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The scope of the application includes eligible war service, defence service, and peacetime service, where it is more probable than not that clonorchiasis or death from clonorchiasis is connected to the circumstances of the service rendered. The determination of this Statement of Principles serves to facilitate the assessment and approval of claims for medical treatment and compensation related to clonorchiasis, replacing the previous Instrument No. 48 of 2016, and reflecting new medical-scientific evidence. The instrument is compatible with human rights as it does not derogate from any human rights and promotes several rights, including the right to social security and the right to an adequate standard of living, among others.

Key Provisions

The main operative sections of the Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 of 2025) (the Instrument) detail the circumstances under which a person may claim compensation and medical treatment for clonorchiasis related to their service, as set out in section 2. This Instrument applies to claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Instrument outlines the specific factors that must be present, which are related to particular kinds of service, to establish a connection between clonorchiasis and the service circumstances on the balance of probabilities. This includes service during eligible war service, defence service, and peacetime service. The Instrument is based on the available sound medical-scientific evidence, including evidence of ingesting raw, undercooked, iced, pickled, or smoked freshwater fish, and specifies the relevant ICD-10-AM code for diagnosis. The Instrument imposes obligations on claimants, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal. Claimants must provide evidence that meets the specified factors outlined in the Instrument. The Commissions are required to assess claims based on the criteria established by the Instrument, ensuring that the determination of service connection is made on the balance of probabilities. The Review Board and the Tribunal must review decisions made by the Commissions in accordance with the provisions of the Instrument. The Instrument also requires the Repatriation Medical Authority to provide information and evidence supporting the determination of the Instrument, ensuring that the decision-making process is transparent and based on the best available medical-scientific evidence. There are no specific offences or penalties outlined in the Instrument itself. However, breaches of the requirements under the VEA or MRCA, such as providing false information in a claim, may result in penalties under those Acts. Under the VEA, providing false or misleading information to obtain a benefit can lead to a civil penalty, including a fine up to 100 penalty units (currently AUD 22,050) per offence. Under the MRCA, similar offences can also attract penalties. Additionally, criminal charges may be pursued for serious offences, which could result in fines or imprisonment. The penalties are determined by the respective Acts and may vary based on the severity and circumstances of the breach. This Instrument ensures that the process for assessing claims related to clonorchiasis is fair, transparent, and based on the latest medical-scientific evidence. It facilitates the provision of compensation and medical treatment to eligible individuals, while maintaining the integrity of the claims process. The compatibility with human rights is affirmed, as the Instrument promotes the rights of veterans, current and former Defence Force members, and their dependents, ensuring that these rights are exercised without discrimination.

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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.