{"id":"F2025L00148","name":"Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 of 2025)","slug":"statement-of-principles-concerning-clonorchiasis-balance-of-probabilities-no-26-of-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442734,"registerId":"F2025L00148-fast-fetch-1775957685888","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 of 2025)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![RMA Australian Government Coat of Arms](image.001.jpeg)\n\n \n\nStatement of Principles\n\nconcerning\n\nCLONORCHIASIS  (Balance of Probabilities)\n\n(No. 26 of 2025)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 18 February 2025.\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nProfessor Terence Campbell AM\n\nChairperson\n\nby and on behalf of\n\nThe Repatriation Medical Authority\n\n \n\n   \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n \n\n\n\n\n1.                Name\n\n\nThis is the Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 of 2025).\n\n1.                Commencement\n\n\n              This instrument commences on 25 March 2025.\n\n1.                Authority\n\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n1.                Repeal\n\n\nThe Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 48 of 2016 (Federal Register of Legislation No. F2016L00562) made under subsection 196B(3) of the VEA is repealed.\n\n1.                Application\n\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n1.                Definitions\n\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n1.                Kind of injury, disease or death to which this Statement of Principles relates\n  1.           This Statement of Principles is about clonorchiasis and death from clonorchiasis.\n\n\nMeaning of clonorchiasis\n\n1.           For the purposes of this Statement of Principles, clonorchiasis means an infestation of the biliary system by the trematode Clonorchis sinensis.\n2.           While clonorchiasis attracts ICD‑10‑AM code B66.1, in applying this Statement of Principles the meaning of clonorchiasis is that given in subsection (2).\n3.           For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.\n\n\nDeath from clonorchiasis\n\n1.           For the purposes of this Statement of Principles, clonorchiasis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's clonorchiasis.\n\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n1.                Basis for determining the factors\n\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that clonorchiasis and death from clonorchiasis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\nNote: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.\n\n1.                Factors that must exist\n\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, clonorchiasis or death from clonorchiasis is connected with the circumstances of a person's relevant service:\n\n1.           ingesting the skin or flesh of raw, undercooked, iced, pickled, or smoked freshwater fish, at least 3 weeks before clinical onset;\n\n\nNote: Countries where Clonorchiasis is endemic include China, Korea, Russia, Taiwan, and Vietnam.\n\n1.           inability to obtain appropriate clinical management for clonorchiasis before clinical worsening.\n\n\n1.            Relationship to service\n  1.           The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.\n  2.           The factor set out in subsection 9(2) applies only to material contribution to, or aggravation of, clonorchiasis where the person's clonorchiasis was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n2.            Factors referring to an injury or disease covered by another Statement of Principles\n\n\nIn this Statement of Principles:\n\n1.           if a factor referred to in section 9 applies in relation to a person; and\n2.           that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;\n\n\nthen the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.\n\n \n\n \n\nSchedule 1 - Dictionary  \n\nNote:               See Section 6\n\n1               Definitions\n\nIn this instrument:\n\n                               clonorchiasis—see subsection 7(2).\n\n                             MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n                             relevant service means:\n\n(a)          eligible war service (other than operational service) under the VEA;\n\n(b)          defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c)          peacetime service under the MRCA.\n\nNote: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\n                             terminal event means the proximate or ultimate cause of death and includes the following:\n\n(a)           pneumonia;\n\n(b)           respiratory failure;\n\n(c)           cardiac arrest;\n\n(d)           circulatory failure; or\n\n(e)           cessation of brain function.\n\n                             VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its 2016 predecessor and the standard template for Repatriation Medical Authority Statements of Principles. It addresses only clonorchiasis and death resulting from it, applying the standard two-factor framework (causation factor + clinical management factor) used across all such instruments. There is no evidence of scope creep or expansion beyond the original purpose of determining service connection for this specific parasitic disease."},"complexity_factors":["Short, single-purpose instrument (approximately 1,500 words)","Only 5 defined terms in the Dictionary (clonorchiasis, MRCA, relevant service, terminal event, VEA)","Simple binary structure: two alternative factors in section 9, with one limitation in section 10","Minimal cross-referencing — only internal references to the Dictionary and standard references to the VEA and MRCA","No nested exceptions or conditional logic beyond the single limitation in section 10(2)","Straightforward repeal and replacement of a single previous instrument (No. 48 of 2016)","Medical definition limited to a single sentence with ICD-10-AM code reference for administrative clarity"],"plain_english_summary":"This instrument sets the legal test for veterans and current/former defence members to claim clonorchiasis (a liver fluke infection from eating raw/undercooked freshwater fish) as service-related. A claim succeeds on the balance of probabilities if it’s more likely than not that, during service, the person was exposed by eating risky fish (noting endemic Asian countries) or, for pre‑existing disease, service prevented proper treatment that worsened the condition. It creates a presumption linking the infection to service for compensation purposes."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals Statement No. 48 of 2016 and reissues the Statement of Principles for clonorchiasis effective 25 March 2025. Its substantive scope remains focused on clonorchiasis and death from clonorchiasis and on claims under section 120B of the VEA or section 339 of the MRCA, but it sets the current, specific connecting factors (ingestion timing and inability to obtain appropriate clinical management) and updates definitional and administrative references (including ICD‑10‑AM)."},"complexity_factors":["Narrow medical focus limited to a single parasitic disease (clonorchiasis) and death from it","Statutory cross‑references to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004","Repeal and replacement of the prior Statement of Principles (No. 48 of 2016)","Defined temporal/clinical threshold: ingestion at least three weeks before clinical onset","Inclusion of a non‑medical/system access factor: inability to obtain appropriate clinical management before worsening","Interaction rule allowing factors from other Statements of Principles to apply","Use of the balance‑of‑probabilities standard rather than scientific certainty","Reference to ICD‑10‑AM coding (administrative classification linkage)","Defined terms (relevant service, terminal event) that condition application"],"plain_english_summary":"This instrument replaces the 2016 Statement and establishes medical criteria linking clonorchiasis (infestation by Clonorchis sinensis) and related death to veterans' relevant service for claims under the VEA or MRCA, commencing 25 March 2025.\n\nOn the balance of probabilities, it requires at least one of: ingesting raw/undercooked/iced/pickled/smoked freshwater fish at least three weeks before clinical onset, or inability to obtain appropriate clinical management before clinical worsening. It defines relevant service, terminal events, and cites ICD‑10‑AM coding."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-clonorchiasis-balance-of-probabilities-no-26-of-2025","history":"/api/acts/statement-of-principles-concerning-clonorchiasis-balance-of-probabilities-no-26-of-2025/history","analysis":"/api/acts/statement-of-principles-concerning-clonorchiasis-balance-of-probabilities-no-26-of-2025/analysis","conflicts":"/api/acts/statement-of-principles-concerning-clonorchiasis-balance-of-probabilities-no-26-of-2025/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-clonorchiasis-balance-of-probabilities-no-26-of-2025/important-cases","documents":"/api/acts/statement-of-principles-concerning-clonorchiasis-balance-of-probabilities-no-26-of-2025/documents"}}