What it does
This instrument is a Statement of Principles concerning clonorchiasis (Balance of Probabilities) (No. 26 of 2025), made by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986 (the VEA) (see Authority, s3). Mechanically, it does the following things.
- It creates and publishes a new Statement of Principles specific to clonorchiasis and death from clonorchiasis, with an operative commencement date of 25 March 2025 (Commencement, s2). The instrument is named as No. 26 of 2025 (Name, s1).
- It repeals the prior Statement of Principles concerning clonorchiasis made in 2016 (No. 48 of 2016), removing that earlier text from application (Repeal, s4).
- It states the statutory scope of application: the instrument applies to claims to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 (MRCA) applies (Application, s5). That means it is the instrument decision-makers must consult when assessing whether clonorchiasis is connected with relevant service for the purposes of those claim provisions.
- It defines the medical condition to be applied: clonorchiasis is specified as an infestation of the biliary system by the trematode Clonorchis sinensis (Kind of injury, disease or death to which this Statement of Principles relates, s7(1)). It also records that while clonorchiasis attracts ICD‑10‑AM code B66.1, the legal meaning for this Statement is the specific definition in s7(2), and it cites the ICD-10-AM edition used for that code (s7(2)-(3)).
- It sets the causal factors that must exist, on the balance of probabilities, before a finding of connection with service may be made: at least one of the two enumerated factors in s9, namely certain modes of ingesting freshwater fish at least three weeks before clinical onset (s9(1)) or inability to obtain appropriate clinical management before clinical worsening (s9(2)).