Statement of Principles concerning opisthorchiasis (Reasonable Hypothesis) (No. 21 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00143 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

OPISTHORCHIASIS

(REASONABLE HYPOTHESIS) (NO. 21 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 (Reasonable Hypothesis) (No. 21 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. 45 of 2016 (Federal Register of Legislation No. F2016L00579) determined under subsection 196B(2) of the VEA concerning opisthorchiasis.
  2.              The Authority is of the view that there is sound medical-scientific evidence that indicates that opisthorchiasis and death from opisthorchiasis 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 opisthorchiasis (Reasonable Hypothesis) (No. 21 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  This Instrument will in effect replace the repealed Statement of Principles.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 opisthorchiasis or death from opisthorchiasis, 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. 21 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(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 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 as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting opisthorchiasis with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 45 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 (Reasonable Hypothesis) (No. 21 of 2025), introduced by the Repatriation Medical Authority under subsection 196B(2) of the Veterans' Entitlements Act 1986, aims to address the gap in the existing legislative framework regarding the connection between opisthorchiasis and service rendered by veterans and Defence Force members. This legislative instrument replaces the repealed Instrument No. 45 of 2016, reflecting advancements in medical-scientific evidence. The Statement of Principles outlines the factors necessary to establish a reasonable hypothesis linking opisthorchiasis to specific types of service, facilitating the assessment of claims under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act 2004. It ensures that claimants and relevant authorities can effectively navigate the claims process, ultimately promoting the human rights of veterans and their dependents by facilitating access to necessary social security and health benefits.

Scope and Application

The Statement of Principles concerning opisthorchiasis (Reasonable Hypothesis) (No. 21 of 2025) applies to persons claiming benefits or compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, particularly those who have served in operational, peacekeeping, hazardous, or British nuclear test defence service, as well as those engaged in warlike or non-warlike service under the MRCA. The principles are intended to facilitate the assessment of claims for veterans and Defence Force members who may have contracted opisthorchiasis due to their service, ensuring that compensation and medical treatment are extended to eligible individuals based on sound medical-scientific evidence. This legislative instrument, determined under the Veterans' Entitlements Act 1986, applies on a national level and has been designed to replace the previously repealed Statement of Principles No. 45 of 2016. The instrument is consistent with human rights as outlined in the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities, among others, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The Statement of Principles is designed to operate within the framework of the VEA and the MRCA, providing a structured approach for assessing the connection between opisthorchiasis and service rendered by a person. It outlines specific factors, such as the ingestion of raw, undercooked, iced, pickled, or smoked freshwater fish, and having a liver transplant, which must exist to establish a reasonable hypothesis linking the disease with service. The instrument is a technical one, aimed at improving the medico-scientific quality of outcomes under the two Acts. It 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, promoting various human rights including the right 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 opisthorchiasis (Reasonable Hypothesis) (No. 21 of 2025), issued under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA), outlines the minimum factors that must be present to establish a reasonable hypothesis connecting opisthorchiasis or death from opisthorchiasis to certain types of service. This includes operational, peacekeeping, hazardous, and British nuclear test defence services under the VEA, as well as warlike and non-warlike services under the Military Rehabilitation and Compensation Act 2004 (MRCA) (sections 5 and 6). This Statement of Principles replaces Instrument No. 45 of 2016 and incorporates updated medical-scientific evidence. It will be applied in assessing claims for medical treatment and compensation under the VEA and MRCA, facilitating both the initial assessment by the Repatriation Commission and Military Rehabilitation and Compensation Commission, and subsequent reviews by the Veterans' Review Board and Administrative Appeals Tribunal. The Repatriation Medical Authority, which has determined this Statement of Principles, imposes specific obligations on claimants and the relevant Commissions. Claimants must provide evidence that aligns with the outlined factors to establish a reasonable hypothesis connecting their opisthorchiasis to their service. The Repatriation Commission and Military Rehabilitation and Compensation Commission are required to assess these claims using the criteria set out in this Statement of Principles. This ensures that the assessment process is consistent and based on sound medical-scientific evidence. Additionally, the Authority must consider and respond to any submissions received from relevant stakeholders, although in this case, no submissions were received (section 10). Failure to comply with the provisions of this Statement of Principles can lead to serious consequences for those involved in the claims process. There are no specific offences outlined in this document, but non-compliance with the assessment criteria could result in claims being denied. Additionally, if it is found that a claim was made in bad faith or with fraudulent intent, there could be further legal repercussions. The maximum penalties for such offences are not detailed in this explanatory statement, but they could include fines and, in severe cases, criminal charges. It is important for all parties to adhere to the legal requirements to ensure fair and just outcomes (section 11).

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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.