Statement of Principles concerning opisthorchiasis (Balance of Probabilities) (No. 22 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00144 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

OPISTHORCHIASIS

(BALANCE OF PROBABILITIES) (NO. 22 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning opisthorchiasis (Balance of Probabilities) (No. 22 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. 46 of 2016 (Federal Register of Legislation No. F2016L00584) determined under subsection 196B(3) of the VEA concerning opisthorchiasis.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that opisthorchiasis and death from opisthorchiasis 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 opisthorchiasis (Balance of Probabilities) (No. 22 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  This Instrument will in effect replace the repealed Statement of Principles.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, opisthorchiasis or death from opisthorchiasis 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 opisthorchiasis 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 'opisthorchiasis' 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;
  • new factor in subsection 9(2) concerning having a liver transplant; and
  • deleting the definitions of 'Specified List 1 of countries' and 'Specified List 2 of countries'.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to opisthorchiasis 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 opisthorchiasis 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. 22 of 2025

Kind of Injury, Disease or Death: Opisthorchiasis

 

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 opisthorchiasis;
  • 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, opisthorchiasis 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. 46 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning opisthorchiasis 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 opisthorchiasis (Balance of Probabilities) (No. 22 of 2025) was enacted by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation addresses the need to update the criteria and evidence regarding the connection between opisthorchiasis, a parasitic infection, and military service, thereby facilitating the assessment and processing of claims for veterans and service personnel who have contracted the disease. The policy objective of this Statement of Principles is to ensure that the determination of claims under these Acts is based on the most current and reliable medical-scientific evidence, providing clarity and fairness in the assessment process. The Authority determined this Statement of Principles following an investigation into opisthorchiasis, revising certain definitions and factors to reflect the latest medical understanding of the disease. The document specifies the circumstances in which medical treatment and compensation can be provided to those affected, ensuring that the rights and benefits of affected individuals are protected and supported. The Statement of Principles is designed to assist in the determination of claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by clearly outlining the medical and service-related factors that must be present for a connection between opisthorchiasis and particular kinds of military service to be established on the balance of probabilities. This legislative instrument ensures that the assessment process is transparent, evidence-based, and aligned with international human rights standards, promoting the rights of veterans and their dependents to social security, an adequate standard of living, and access to health care.

Scope and Application

The Statement of Principles concerning opisthorchiasis (Balance of Probabilities) (No. 22 of 2025) applies to veterans and other eligible persons under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It specifies the conditions under which opisthorchiasis or death from opisthorchiasis can be considered connected with particular kinds of service rendered by a person, including eligible war service, defence service, and peacetime service. The Instrument outlines the factors that must exist for a connection to be made on the balance of probabilities, such as exposure to raw, undercooked, iced, pickled or smoked freshwater fish, or having a liver transplant, and it replaces the previously repealed Instrument No. 46 of 2016. The Instrument is compatible with human rights, promoting the rights of veterans and Defence Force members to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, without discrimination. This Instrument assists the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing claims and facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal.

Key Provisions

The main operative sections of this Statement of Principles concern opisthorchiasis, a parasitic disease caused by liver flukes, and its connection to particular kinds of service as outlined in sections 1 to 10 (sections 1 to 10). It specifies the conditions under which opisthorchiasis or death from the disease can be related to service, including eligible war service, defence service, and peacetime service. It defines opisthorchiasis and specifies the factors that must be present for a connection to be established, such as exposure to infected freshwater fish or undergoing a liver transplant (section 7 and subsection 9(1)). The Statement of Principles also outlines the factors that must be related to the service to establish the connection on the balance of probabilities (subsection 9(2)). The Statement of Principles imposes obligations on the parties and entities it governs, primarily the Repatriation Medical Authority, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission. The Repatriation Medical Authority is responsible for determining the Statement of Principles based on sound medical-scientific evidence and ensuring its compatibility with human rights. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to apply the Statement of Principles in assessing claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, respectively. Claimants must provide evidence that meets the criteria outlined in the Statement of Principles to be eligible for compensation and benefits. The legislation does not explicitly outline offences, penalties, or consequences for breach. However, the determination of this Statement of Principles and the application of its provisions are subject to the laws and regulations governing veterans' entitlements and military rehabilitation and compensation. Any failure to comply with the requirements of the Statement of Principles could potentially result in the denial of claims, the overturning of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal, or other legal consequences under the relevant Acts. The Statement of Principles promotes human rights by ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, and by facilitating the assessment and determination of social security benefits, compensation, and benefits related to treatment and rehabilitation. It ensures that the rights of veterans, current and former Defence Force members, and their dependents are exercised without discrimination. The Statement of Principles is compatible with human rights as it does not derogate from and promotes a number of human rights, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

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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.