{"id":"F2019L00651","name":"Statement of Principles concerning poisoning from plants or fungi (Reasonable Hypothesis) (No. 49 of 2019)","slug":"statement-of-principles-concerning-poisoning-from-plants-or-fungi-reasonable-hypothesis-no-49-of-201","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440059,"registerId":"F2019L00651-fast-fetch-1775955839229","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 (Reasonable Hypothesis) (No. 49 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 (Reasonable Hypothesis)\n\n(No. 49 of 2019)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) 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 (Reasonable Hypothesis) (No. 49 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(2) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning poisoning and toxic reaction from plants and fungi No. 84 of 2010 (Federal Register of Legislation No. F2010L02839) made under subsection 196B(2) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act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\nThe Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that poisoning from plants or fungi and death from poisoning from plants or fungi can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting poisoning from plants or fungi or death from poisoning from plants or fungi 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(2) 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) operational service under the VEA;\n\n(b) peacekeeping service under the VEA;\n\n(c) hazardous service under the VEA;\n\n(d) British nuclear test defence service under the VEA;\n\n(e) warlike service under the MRCA; or\n\n(f) non-warlike 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 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":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument replaces an earlier Statement (No. 84 of 2010) but retains the same core purpose: to define the medical and exposure conditions that can establish a reasonable hypothesis connecting poisoning from plants or fungi to relevant service. It does, however, update and specify the lists of plants/toxins and the temporal windows for different clinical presentations (short windows for direct exposures and longer 2‑year windows for certain delayed toxicities), and it explicitly adds some exposure routes (honey, animal products) and a factor about inability to obtain clinical management. Those are refinements and clarifications rather than a substantial expansion beyond the original statutory purpose."},"complexity_factors":["Seven discrete causation factors in section 9 with differing exposure routes and time windows (7 days, 2 weeks, 2 years).","Three \"Specified Lists\" of plants plus a separate \"specified list of plant toxins\" in Schedule 1 (multiple botanical groups and toxin examples).","Explicit exclusions enumerated in section 7(2)(c) (10 enumerated exclusions).","Cross‑references to other Statements of Principles (section 11) which can import further conditions.","Application across two separate statutes (VEA and MRCA) and to multiple categories of \"relevant service\" (Schedule 1).","A special rule limiting factor 9(7) (inability to obtain appropriate clinical management) in section 10(2).","Defined technical terms in Schedule 1 (including medical end points such as \"terminal event\").","Replacement/repeal of an earlier Statement (administrative continuity but requires checking differences between instruments)."],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- This is a Statement of Principles made by the Repatriation Medical Authority (RMA) that sets out the medical facts and specific exposure circumstances that, as a minimum, must exist before a \"reasonable hypothesis\" can be raised that \"poisoning from plants or fungi\" (or death from that poisoning) is connected to a person's military \"relevant service.\"\n- It applies to claims processed under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 (see section 5).\n- The RMA repealed an earlier, related Statement (No. 84 of 2010) and replaced it with this Statement (see sections 2 and 4).\n\n**Who this affects**\n\n- Veterans, current or former members of the Australian Defence Force (including those who served in operational, peacekeeping, hazardous, British nuclear test defence, warlike and non‑warlike service) and their claimants who seek entitlement or compensation where poisoning from plants or fungi is alleged to be linked to their service (Schedule 1, definition of \"relevant service\").\n- Department of Veterans' Affairs decision-makers and medical advisers who assess service‑connection for such claims.\n\n**What \"poisoning from plants or fungi\" covers and what it excludes**\n\n- Includes illness, injury or death from the toxic effects of plants or fungi (for example, eating poisonous mushrooms, food contaminated by mycotoxins such as aflatoxin, honey contaminated with plant toxins such as tutin, or use of herbal medicines containing toxins like pyrrolizidine alkaloids) (section 7(2)(a)–(b) and Notes).\n- Explicitly excludes conditions such as allergic/irritant/photocontact dermatitis, certain eye conditions, malignant neoplasms (cancers), substance use disorder, coeliac disease, food allergy and effects of exposure to pharmaceuticals, cosmetics, toiletries, alcohol and commercially prepared tobacco (section 7(2)(c)).\n\n**The minimum exposure/causation factors the RMA requires (section 9)**\n\nAt least one of these specific factors must exist (summarised with statutory timing and scope):\n\n- 9(1): Direct exposure (ingestion, inhalation, injection or skin/mucosal/ocular exposure) to a plant or fungus toxin within 7 days before clinical onset.\n- 9(2): Consumption (within 2 weeks before onset) of milk, milk products, eggs or meat from an animal that ate a plant on \"Specified List 1\" (Schedule 1 defines that list).\n- 9(3): Consumption (within 2 weeks before onset) of honey derived from plants that contain a toxin on the Statutory \"specified list of plant toxins\" (Schedule 1 lists grayanotoxin, triptolide and tutin).\n- 9(4): For poisonings that show delayed hepatotoxicity (liver), nephrotoxicity (kidney) or neurotoxicity (nervous system) only: exposure to plants on \"Specified List 2\" within 2 years before onset.\n- 9(5): For delayed hepatotoxicity, delayed neurotoxicity or delayed thyrotoxicity only: consumption (within 2 years) of animal products from animals that ate plants on \"Specified List 3.\" \n- 9(6): For delayed hepatotoxicity only: consumption (within 2 years) of honey derived from plants containing a pyrrolizidine alkaloid (Schedule 1 gives examples).\n- 9(7): Inability to obtain appropriate clinical management for the poisoning (this factor is limited in how it operates — see section 10(2)).\n\nNotes:\n- The Schedule lists which species or toxin groups are relevant to the above tests (Specified Lists 1–3 and the specified list of plant toxins). Examples include hemlock, autumn crocus, plants containing aristolochic acid, kava, green tea extract, plants containing pyrrolizidine alkaloids, and others (Schedule 1).\n\n**Relationship to service (section 10)**\n\n- Any of the factors described in section 9 must be related to the person’s relevant service (10(1)).\n- The factor about inability to obtain appropriate clinical management (9(7)) only applies to cases of material contribution or aggravation where the poisoning was suffered or contracted before or during (but did not arise out of) the relevant service (10(2)).\n\n**Interaction with other Statements of Principles (section 11)**\n\n- If a factor in section 9 refers to an injury or disease that is the subject of another RMA Statement, the terms in that other Statement apply.\n\n**Why the RMA made the Statement (official rationale) and how to read that claim**\n\n- The RMA states it has sound medical‑scientific evidence that poisoning from plants or fungi can be related to relevant service (section 8). That statement is the RMA’s evidentiary position and is the basis for setting the specific exposure windows, toxin lists and other conditions above.\n\n**Practical consequences, trade‑offs and incentives**\n\n- Who pays/decides: The RMA issues the Statement but DVA decision-makers use it to determine entitlement. If a claimant satisfies the minimum factors and links them to service, DVA may accept a service connection; otherwise a claim is more likely to be rejected or need further proof.\n- Evidence and compliance burden: Claimants must evidence timelines, clinical onset and link to service. Where exposure is indirect (via animal products or honey), claimants must provide provenance or credible history showing the source — which can be difficult to obtain and increase evidentiary burden (see sections 9(2)–9(6) and Schedule 1).\n- Administrative discretion and updating: The RMA controls the lists and the temporal windows in the Statement; updates to scientific knowledge can change entitlement outcomes without new legislation (see Schedule definitions and section 11 interaction with other Statements).\n- Behavioural effects: The Statement encourages claimants and clinicians to document exposure timing and origins (e.g. where food/honey came from). It may shift the burden of proof toward obtaining supply‑chain or clinical records for delayed‑onset toxicities.\n- Concentrated benefits vs diffuse costs: Benefits are concentrated for individuals who can show exposure within the specified windows or from named plant groups; costs are borne by DVA (and ultimately taxpayers) and potentially by claimants who cannot meet the detailed exposure requirements.\n- Implementation risks and medical uncertainty: Delayed toxicities (with 2‑year windows) and overlapping clinical presentations can be medically complex; the statutory timeframes and listed species may not fit every clinical scenario, creating a risk of disputes or need for expert evidence.\n\n**Key sections to check when preparing or assessing a claim**\n\n- Definitions and lists: Schedule 1 (Specified Lists and specified toxins).\n- Minimum causation tests: section 9 (factors 1–7) and their timing.\n- Relationship to service limitations: section 10.\n- Exclusions to the concept of \"poisoning from plants or fungi\": section 7(2)(c).\n\n(End of summary.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This is a straightforward repeal and replacement of the 2010 Statement of Principles on the same topic. The scope remains tightly focused on establishing medical criteria for veterans' compensation claims for plant/fungus poisoning. The detailed plant lists and specific timeframes represent technical refinement rather than scope expansion."},"complexity_factors":["Multiple defined lists in Schedule 1 (Specified List 1, 2, and 3 of plants; specified list of plant toxins)","Conditional time limits vary by factor: 7 days, 2 weeks, or 2 years depending on exposure type and symptom type","Nested limitations in section 9(4)-(6) restricting certain factors to specific clinical manifestations only ('delayed hepatotoxicity, delayed nephrotoxicity or delayed neurotoxicity only')","Cross-references between the main instrument and Schedule 1 Dictionary for defined terms","Exclusion list in section 7(2)(c) with 10 specific carve-outs from the definition","Dual statutory framework application (VEA and MRCA) with different service types defined","Section 11 incorporates other Statements of Principles by reference, creating interlocking regulatory framework"],"plain_english_summary":"This law updates the medical rules for when veterans and current or former Defence Force members can claim compensation for poisoning from plants, fungi, contaminated food or risky herbal medicines, replacing the 2010 version. It sets a “reasonable hypothesis” test (a lower standard than full certainty), recognises delayed organ damage with specific exposure windows, and lists excluded conditions and named toxins—so it determines who qualifies for entitlements under the VEA and MRCA."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-reasonable-hypothesis-no-49-of-201","history":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-reasonable-hypothesis-no-49-of-201/history","analysis":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-reasonable-hypothesis-no-49-of-201/analysis","conflicts":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-reasonable-hypothesis-no-49-of-201/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-reasonable-hypothesis-no-49-of-201/important-cases","documents":"/api/acts/statement-of-principles-concerning-poisoning-from-plants-or-fungi-reasonable-hypothesis-no-49-of-201/documents"}}