Statement of Principles concerning hookworm infection (Reasonable Hypothesis) (No. 67 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00968 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

HOOKWORM INFECTION

(REASONABLE HYPOTHESIS) (NO. 67 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning hookworm infection (Reasonable Hypothesis) (No. 67 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. 7 of 2017 (Federal Register of Legislation No. F2017L00010) determined under subsection 196B(2) of the VEA concerning hookworm disease.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that hookworm infection and death from hookworm infection 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 hookworm infection (Reasonable Hypothesis) (No. 67 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  This Instrument will in effect replace the repealed Statement of Principles.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 hookworm infection or death from hookworm infection, 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 hookworm disease 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 'hookworm infection' 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;
  • factor concerning having cutaneous or mucosal contact subsumed in factor in subsection 9(1);
  • factor concerning being in a tropical or subtropical region subsumed in factor in subsection 9(1); and
  • factor concerning living or working in warm and damp conditions subsumed in factor in subsection 9(1).

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to hookworm disease 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 hookworm disease 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. 67 of 2025

Kind of Injury, Disease or Death: Hookworm infection

 

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 hookworm infection;
  • 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 hookworm infection with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 7 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning hookworm infection 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 Hookworm Infection (Reasonable Hypothesis) (No. 67 of 2025) was enacted by the Repatriation Medical Authority under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation was introduced to address the medical-scientific evidence linking hookworm infection to certain military services. The Authority repealed Instrument No. 7 of 2017 and determined this new statement of principles to provide updated, sound medical-scientific evidence concerning hookworm infection. This new instrument will facilitate claims under the VEA and MRCA by specifying the factors that must exist to connect hookworm infection with service circumstances, thereby ensuring that compensation and benefits can be appropriately assessed and granted. The Authority undertook an investigation into hookworm disease, advertised its intention in the Government Notices Gazette, and although no submissions were received, the new instrument reflects the latest evidence available. This legislation is compatible with human rights, promoting various rights, including the right to social security and adequate living standards for veterans and their dependents. This instrument, being a technical one, improves the medico-scientific quality of outcomes under the VEA and MRCA. It ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thus facilitating the assessment and determination of social security benefits. Moreover, it supports the right to the highest attainable standard of physical and mental health by aiding in the determination of compensation and benefits for treatment and rehabilitation. Additionally, it ensures that these rights are exercised without discrimination. The Repatriation Medical Authority confirms that this legislative instrument does not derogate from human rights and actively promotes them, thereby ensuring equitable access to benefits for eligible individuals.

Scope and Application

The Statement of Principles concerning hookworm infection (Reasonable Hypothesis) (No. 67 of 2025) applies to individuals seeking benefits under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically those who have contracted hookworm infection during certain types of military service. This legislation outlines the medical and scientific criteria that must be met to establish a reasonable hypothesis connecting the hookworm infection to the service rendered. Such service includes operational, peacekeeping, hazardous, and British nuclear test defence service under the Veterans' Entitlements Act, as well as warlike and non-warlike service under the Military Rehabilitation and Compensation Act. The Instrument aims to facilitate the claims process by clarifying the conditions under which compensation and medical treatment can be granted. There are no stated exclusions or thresholds, and the application of the Instrument is not extended or restricted through subordinate instruments. This legislation is designed to ensure that the determination of claims is based on the most current medical-scientific evidence available.

Key Provisions

The primary operative sections of this legislation (the Statement of Principles concerning hookworm infection (Reasonable Hypothesis) (No. 67 of 2025)) include the definition of terms such as "hookworm infection" and the specification of the service circumstances that must exist to raise a reasonable hypothesis of hookworm infection related to service. Section 2 sets the commencement date of this instrument, while Section 7 revises the definition of "hookworm infection" and subsection 7(4) updates the reference to the ICD-10-AM code. The specific factors that must exist to connect hookworm infection with service are detailed in subsection 9(1), with various exposure factors subsumed into this single subsection. These provisions are designed to facilitate claims under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) by establishing clear criteria for determining eligibility for benefits related to hookworm infection. The Act imposes several obligations on the parties it governs. Claimants must provide evidence that satisfies the criteria outlined in the Statement of Principles to substantiate their claims for medical treatment and compensation. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess these claims based on the factors specified in the Statement of Principles. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal must review decisions related to these claims, ensuring that the assessments comply with the legislative requirements. The Repatriation Medical Authority is responsible for determining and finalising the investigation, as well as ensuring the instrument is compatible with human rights. Breach of the provisions outlined in this legislation can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is implied that non-compliance with the criteria for raising a reasonable hypothesis or providing false information in a claim could result in penalties under the relevant Acts. For instance, under the VEA, making false statements or providing false documents can be an offence, potentially leading to fines or other civil penalties. The severity of these consequences would depend on the nature and extent of the breach, but the overarching intent is to maintain the integrity of the claims process and ensure that benefits are awarded fairly and based on sound medical-scientific evidence.

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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.