{"id":"F2019L00652","name":"Statement of Principles concerning poisoning from plants or fungi (Balance of Probabilities) (No. 50 of 2019)","slug":"statement-of-principles-concerning-poisoning-from-plants-or-fungi-balance-of-probabilities-no-50-of-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440063,"registerId":"F2019L00652-fast-fetch-1775955841527","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning poisoning from plants or fungi (Balance of Probabilities) (No. 50 of 2019)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nPOISONING FROM PLANTS OR FUNGI (Balance of Probabilities)\n\n(No. 50 of 2019)\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 26 April 2019\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
|\n| --- |\n| 
Professor Nicholas Saunders AO
Chairperson
|\n\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\n1 Name\n\nThis is the Statement of Principles concerning poisoning from plants or fungi (Balance of Probabilities) (No. 50 of 2019).\n\n2 Commencement\n\n This instrument commences on 27 May 2019.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning poisoning and toxic reaction from plants and fungi No. 85 of 2010 (Federal Register of Legislation No. F2010L02840) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about poisoning from plants or fungi and death from poisoning from plants or fungi.\n\nMeaning of poisoning from plants or fungi\n\n(2) For the purposes of this Statement of Principles, poisoning from plants or fungi:\n\n(a) means illness, injury or death from the toxic effects of a plant or fungus; and\n\n(b) includes the toxic effects of:\n\n(i) ingesting mushrooms, berries or roots;\n\n(ii) ingesting food contaminated with a mycotoxin such as aflatoxin;\n\n(iii) ingesting honey contaminated with a plant toxin such as tutin; and\n\n(iv) using a herbal medicine containing a plant toxin such as a pyrrolizidine alkaloid or aristolochic acid; and\n\n(c) excludes:\n\n(i) allergic contact dermatitis;\n\n(ii) irritant contact dermatitis;\n\n(iii) photocontact dermatitis;\n\n(iv) blepharitis;\n\n(v) conjunctivitis;\n\n(vi) malignant neoplasms;\n\n(vii) substance use disorder;\n\n(viii) coeliac disease;\n\n(ix) food allergy; and\n\n(x) the effects of exposure to pharmaceuticals, cosmetics, toiletries, alcohol and commercially prepared tobacco.\n\nNote 1: Plant includes all parts of a plant, plant extract, dried plant and a herbal medicine.\n\nNote 2: Fungus includes all parts of a mushroom, mushroom extract, dried mushroom and mycotoxins such as aflatoxin produced from fungi such as Aspergillus.\n\nDeath from poisoning from plants or fungi\n\n(3) For the purposes of this Statement of Principles, poisoning from plants or fungi, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's poisoning from plants or fungi.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that poisoning from plants or fungi and death from poisoning from plants or fungi 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\n9 Factors that must exist\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, poisoning from plants or fungi or death from poisoning from plants or fungi is connected with the circumstances of a person's relevant service:\n\n(1) ingesting, inhaling, injecting or having cutaneous, intradermal, mucosal or ocular exposure to a toxin from a plant or fungus within the seven days before the clinical onset of poisoning from plants or fungi;\n\nNote: A toxin from a fungus includes a mycotoxin (such as aflatoxin) contaminating foodstuffs (such as alcohol, eggs, fruit, grains, herbs, honey, meat, milk and milk products, nuts and seeds). \n\n(2) consuming milk, milk products, eggs or meat within the two weeks before the clinical onset of poisoning from plants or fungi, where those products were from an animal that ingested a plant from the Specified List 1 of plants;\n\nNote: Specified List 1 of plants is defined in the Schedule 1 - Dictionary.\n\n(3) consuming honey within the two weeks before the clinical onset of poisoning from plants or fungi, where the honey was derived from plants containing a plant toxin from the specified list of plant toxins;\n\nNote: specified list of plant toxins is defined in the Schedule 1 - Dictionary.\n\n(4) for poisoning manifesting as delayed hepatotoxicity, delayed nephrotoxicity or delayed neurotoxicity only, ingesting, inhaling, injecting or having cutaneous, intradermal, mucosal or ocular exposure to a plant from the Specified List 2 of plants within the two years before the clinical onset of poisoning from plants or fungi;\n\nNote: Specified List 2 of plants is defined in the Schedule 1 - Dictionary.\n\n(5) for poisoning manifesting as delayed hepatotoxicity, delayed neurotoxicity or delayed thyrotoxicity only, consuming milk, milk products, eggs or meat within the two years before the clinical onset of poisoning from plants or fungi, where those products were from an animal that ingested a plant from the Specified List 3 of plants;\n\nNote: Specified List 3 of plants is defined in the Schedule 1 - Dictionary. \n\n(6) for poisoning manifesting as delayed hepatotoxicity only, consuming honey within the two years before the clinical onset of poisoning from plants or fungi, where the honey was derived from plants containing a pyrrolizidine alkaloid;\n\nNote: Examples of plants containing a pyrrolizidine alkaloid include, but are not limited to, Borago officinalis (borage), Crotalaria sagittalis (rattlebox), Cynoglossum officinale (hound's tongue), Echium plantagineum (Patterson's curse), Heliotropium europaeum (heliotrope), Senecio jacobaea (tansy ragwort) and Symphytum officinale (comfrey). \n\n(7) inability to obtain appropriate clinical management for poisoning from plants or fungi.\n\n10 Relationship to service\n\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\n(2) The factor set out in subsection 9(7) applies only to material contribution to, or aggravation of, poisoning from plants or fungi where the person's poisoning from plants or fungi was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) 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\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 MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n poisoning from plants or fungi—see subsection 7(2).\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 specified list of plant toxins means:\n\n(a) grayanotoxin;\n\n(b) triptolide; or\n\n(c) tutin.\n\n Specified List 1 of plants means:\n\n(a) Ageratina altissima (white snakeroot);\n\n(b) Bigelowia species, Haplopappus heterophyllus and Isocoma pluriflora (rayless goldenrod);\n\n(c) Colchicum autumnale (autumn crocus); or\n\n(d) Conium maculatum (hemlock).\n\n Specified List 2 of plants means:\n\n(a) Aristolochiaceae species (plants containing aristolochic acid);\n\n(b) Artemisia species (plants containing thujone);\n\n(c) Camellia sinensis (green tea extract);\n\n(d) Chelidonium majus (greater celandine);\n\n(e) Cimicifuga racemose (black cohosh);\n\n(f) furanocoumarins (plants containing psoralens);\n\n(g) Larrea tridentate (chaparral);\n\n(h) Piper methysticum (kava extract); or\n\n(i) plants containing a pyrrolizidine alkaloid.\n\nNote 1: Examples of plants containing psoralens (furanocoumarins) include, but are not limited to, Ruta graveolens (rue), Apium graveolens (celery fruits), Angelica archangelic (angelica) and Petroselenium crispum (parsley).\n\nNote 2: Examples of plants containing a pyrrolizidine alkaloid include, but are not limited to, Borago officinalis (borage), Crotalaria sagittalis (rattlebox), Cynoglossum officinale (hound's tongue), Echium plantagineum (Patterson's curse), Heliotropium europaeum (heliotrope), Senecio jacobaea (tansy ragwort) and Symphytum officinale (comfrey).\n\n\n\n\n Specified List 3 of plants means:\n\n(a) Cruciferae species;\n\n(b) plants containing a pyrrolizidine alkaloid; or\n\n(c) plants containing a quinolizidine alkaloid.\n\nNote 1: Examples of plants containing a pyrrolizidine alkaloid include, but are not limited to, Borago officinalis (borage), Crotalaria sagittalis (rattlebox), Cynoglossum officinale (hound's tongue), Echium plantagineum (Patterson's curse), Heliotropium europaeum (heliotrope), Senecio jacobaea (tansy ragwort) and Symphytum officinale (comfrey).\n\nNote 2: Examples of plants containing a quinolizidine alkaloid include, but are not limited to, Lupinus species (lupines, blue bonnets), Cytisus scoparius (Scotch broom), Laburnum anagyroides (golden chain tree) and Thermopsis montana (mountain thermopsis).\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":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument appears to maintain the same scope as its predecessor (the repealed No. 85 of 2010). It updates the specific lists of plants and toxins and refines the timeframes and clinical manifestations, but remains focused on the same core purpose: establishing causation criteria for plant and fungus poisoning claims under veterans' compensation legislation. The structure and intent align with the standard Repatriation Medical Authority Statement of Principles format."},"complexity_factors":["Multiple conditional factors with specific time limitations (7 days, 2 weeks, 2 years) that vary by type of poisoning","Nested limitations: factors 4, 5, and 6 only apply to specific clinical manifestations ('delayed hepatotoxicity', 'delayed nephrotoxicity', etc.)","Three separate 'Specified Lists' of plants with different applications, plus a separate 'specified list of plant toxins'","Cross-references between the main instrument and Schedule 1 Dictionary for defined terms","Specific exclusions list (10 items) in section 7(2)(c) that carve out related conditions","Factor in section 9(7) has a special limitation in section 10(2) regarding 'material contribution to, or aggravation of' pre-existing conditions","Section 11 creates dynamic incorporation of other Statements of Principles by reference","Multiple pathways for the same outcome (e.g., honey exposure appears in factors 3 and 6 with different timeframes and limitations)"],"plain_english_summary":"This replaces the 2010 rule and tightens when veterans or current/former defence personnel can claim compensation for illness or death from plant or fungal toxins. It sets a strict, evidence‑based checklist of scenarios (e.g., mushroom or toxic‑honey poisoning, contamination via animal products, or certain delayed liver/nerve injuries) and excludes allergies, skin contact rashes, cancer, drugs/alcohol, and routine medicines.\n\nClaims must link exposure to service; a lack‑of‑care exception only applies in limited pre/during‑service cases."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument replaces the 2010 Statement (see section 4) and expands and clarifies the scope of causal pathways compared with a simple direct‑exposure formulation. Notable scope changes embodied here include: (a) explicit inclusion of food‑chain vectors (milk, eggs, meat and honey) as exposure pathways with specific time windows (s9(2)–(3) and Schedule definitions); (b) explicit treatment of delayed toxic effects with extended two‑year exposure windows for particular listed plants and toxins (s9(4)–(6) and Specified Lists 2 and 3 in the Schedule); (c) naming of specific toxin agents (grayanotoxin, triptolide, tutin) and plant groups to guide causation assessments (Schedule); and (d) addition of a non‑exposure factor — inability to obtain appropriate clinical management — as a basis for material contribution/aggravation in limited circumstances (s9(7), s10(2)). These changes broaden the factual scenarios that can establish service connection and increase the evidentiary and administrative footprint compared with a narrower original formulation."},"complexity_factors":["Clear structure with 11 sections plus a Schedule — moderate length","4 defined lists in Schedule 1 (specified list of plant toxins plus Specified Lists 1, 2 and 3)","Multiple time windows with conditional application: 7 days (s9(1)), 2 weeks (s9(2)–(3)), and 2 years for delayed toxicity (s9(4)–(6))","Several conditional branches for different clinical manifestations (delayed hepatotoxicity, nephrotoxicity, neurotoxicity, thyrotoxicity) (s9(4)–(6))","Explicit exclusions in s7(2)(c) limiting scope (10 items listed)","Cross‑reference to other Statements of Principles where factors refer to other injuries/diseases (s11)","Special non‑exposure factor (inability to obtain appropriate clinical management) with its own service‑relationship limit (s9(7), s10(2))","Relatively small number of defined technical terms (Schedule 1) — reduces conceptual complexity","Limited nested exceptions (e.g. s10(2) restricts s9(7)) rather than many layers of exceptions"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This document is a Statement of Principles made by the Repatriation Medical Authority (RMA) to help decide whether \"poisoning from plants or fungi\" is connected to a person's service for the purpose of veterans' entitlement and military compensation law (see Sections 3, 5 and 8). \n\n- It defines what counts as \"poisoning from plants or fungi\" (Section 7(2)) and lists specific ways that exposure can satisfy the medical‑causation test used by decision makers. The RMA says that, on the balance of probabilities, poisoning from plants or fungi can be related to relevant service (Section 8). \n\n- Before a claimant can be found to have service‑connected poisoning, at least one of the exposure factors in Section 9 must be shown to exist and that factor must be related to the person's relevant service (Section 10(1)). Section 11 makes clear that if an exposure factor refers to another injury or disease that already has its own Statement of Principles, the rules in that other Statement apply.\n\nKey exposure rules and timing (Section 9 and Schedule)\n\n- Short‑latency exposures: direct exposure (ingestion, inhalation, injection or skin/eye/mucous membrane contact) to a plant or fungal toxin in the seven days immediately before clinical onset will satisfy the test (Section 9(1)). \n\n- Food‑chain exposures: consuming milk, milk products, eggs or meat from an animal that ate certain listed plants within the two weeks before clinical onset can satisfy the test (Section 9(2)). Similarly, consuming honey derived from plants on a specified toxin list within two weeks can satisfy the test (Section 9(3)). \n\n- Delayed toxicity: for certain delayed forms of poisoning (delayed liver, kidney, nervous system or thyroid damage), the relevant exposure windows are extended to two years for particular listed plants or contaminated animal products (Sections 9(4)–9(6) and Schedule definitions of Specified Lists 2 and 3). \n\n- A final, non‑exposure factor: inability to obtain appropriate clinical management for poisoning also counts as a material contribution or aggravation factor, but only if the poisoning occurred before or during (but did not arise out of) relevant service (Sections 9(7) and 10(2)).\n\nDefinitions and lists (Schedule 1)\n\n- The Schedule defines terms used throughout (for example \"relevant service\", \"terminal event\") and contains four specific lists: a small \"specified list of plant toxins\" (grayanotoxin, triptolide, tutin) and three \"Specified Lists\" of plants used to determine which animal products or delayed exposures are covered (Specified Lists 1, 2 and 3). Examples are supplied for some categories (Schedule, e.g. plants containing pyrrolizidine alkaloids).\n\nWhat this means in practice — who decides, who pays, and how behaviour changes\n\n- Who decides: The RMA issues this Statement of Principles and decision makers under the VEA and MRCA use it to determine whether a veteran’s or member’s poisoning is connected to relevant service (Sections 3, 5, 8, 11). Medical assessors will apply the exposure rules and timing windows in Section 9 plus the Schedule definitions when determining causation. \n\n- Who pays/earns benefit: If a decision maker accepts service connection using these Principles, the person may become eligible for entitlements (medical treatment, pensions, compensation) under the Veterans' Entitlements Act 1986 (VEA) or the Military Rehabilitation and Compensation Act 2004 (MRCA). The immediate fiscal impact is on the government budget for entitlements and related services. (See Sections 5 and 8 for application to VEA and MRCA.) \n\n- Behavioural and administrative effects: \n - Claimants will usually need to produce evidence that an exposure listed in Section 9 occurred within the stated time window (medical records, dietary histories, laboratory tests, beekeeping or animal feed evidence). \n - Decision makers and medical panels must apply the specific timing windows and the specified plant/toxin lists when assessing causation, which focuses assessments on particular exposure pathways rather than on generalized allegations of plant/fungal exposure. \n - The inclusion of food‑chain exposures (milk, eggs, meat, honey) and delayed toxicity with longer exposure windows increases the scope of factual enquiries and may raise evidentiary burdens (for example, tracing the origin of honey or animal feed). \n - The \"inability to obtain appropriate clinical management\" factor creates a pathway for claims where lack of care during or after service is asserted to have materially contributed to a poisoning outcome (Section 9(7), Section 10(2)).\n\nOfficial purpose claims and trade‑offs (source claim, then testing)\n\n- The RMA states that, on sound medical‑scientific evidence, it is more probable than not that poisoning from plants or fungi can be related to relevant service (Section 8). That claim is implemented by prescribing specific exposure types and time windows (Section 9 and Schedule). \n\n- Practical trade‑offs and implementation risks: \n - Precision vs. accessibility: The instrument narrows causation to discrete exposure pathways and timeframes. That makes assessments more predictable but increases the evidentiary demands on claimants (Sections 9 and Schedule). \n - Proof difficulties: Some causal pathways (food‑chain contamination, honey origin, long latency exposures) are inherently difficult to prove or disprove; this raises the risk of more contested claims and reliance on retrospective expert opinion (Sections 9(2)–9(6)). \n - Fiscal concentration: Benefits are concentrated to successful claimants; the budgetary cost is borne by the government as the payer under VEA/MRCA (Sections 5 and 8). \n\nConcrete limits and exclusions\n\n- The Statement expressly excludes certain conditions from being treated as \"poisoning from plants or fungi\": various contact dermatitis types, blepharitis, conjunctivitis, malignant neoplasms, substance use disorder, coeliac disease, food allergy, and effects from pharmaceuticals, cosmetics, toiletries, alcohol and commercially prepared tobacco (Section 7(2)(c)). \n\nShort list of important sections to consult when using this instrument\n\n- Definitions and lists: Schedule 1 (definitions; Specified Lists and toxic agents). \n- Exposure and timing rules: Section 9. \n- Relationship to service and pre‑existing disease rules: Section 10. \n- Cross‑application with other Statements of Principles: Section 11.\n\nBottom line (plain): This RMA Statement of Principles sets out the specific kinds of plant/fungal exposures and precise timing windows that decision makers must look for when deciding whether a veteran’s or member’s poisoning is connected to their service. It expands the possible exposure pathways beyond direct ingestion (to include food‑chain contamination and delayed toxicity for specific plants/toxins), and it creates a limited pathway based on lack of clinical management. These rules make causation assessments more rule‑based but increase the evidentiary and administrative burden on claimants and on the medical/decision‑making process (see Sections 7–11 and Schedule 1)."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-balance-of-probabilities-no-50-of-","history":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-balance-of-probabilities-no-50-of-/history","analysis":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-balance-of-probabilities-no-50-of-/analysis","conflicts":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-balance-of-probabilities-no-50-of-/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-balance-of-probabilities-no-50-of-/important-cases","documents":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-balance-of-probabilities-no-50-of-/documents"}}