REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 25 of 2007
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority ('the Authority'), under subsection 196B(8) of the Veterans' Entitlements Act 1986 ('the VEA') revokes Instrument No. 58 of 1994, as amended by Instrument No. 186 of 1995, determined under subsection 196B(2) of the VEA concerning chicken pox and death from chicken pox.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that chicken pox and death from chicken pox 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, Instrument No. 25 of 2007 concerning chicken pox. This Instrument will in effect replace the revoked Statements of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 ('the MRCA') relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
4. 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;
warlike service under the MRCA;
non-warlike service under the MRCA,
before it can be said that a reasonable hypothesis has been raised connecting chicken pox or death from chicken pox, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 15 June 2005 concerning chicken pox in accordance with section 196G of the Act. 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.
6. The contents of the new Instrument are in similar terms as the revoked Instruments. Comparing the new and the revoked Instruments, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of 'chicken pox' in clause 3;
- rewording factor 6(a) concerning exposure to the varicella-zoster virus;
- new factor 6(b) concerning vaccine strain chicken pox;
- new factor 6(d) concerning immunocompromised state at the time of the clinical worsening of chicken pox;
- deleting the definitions of 'ICD-code'; and 'leukaemia';
- including new definitions of 'death from chicken pox'; 'ICD-10-AM code'; 'relevant service'; 'terminal event'; and 'vaccine strain chicken pox', in clause 9; and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to chicken pox in the Government Notices Gazette of 15 June 2005, 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, 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 during the investigation.
9. The determining of this new instrument finalises the investigation in relation to chicken pox as advertised in the Government Notices Gazette of 15 June 2005.
10. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Repatriation Medical Authority Instrument No. 25 of 2007 was enacted to address the issue of chicken pox and death from chicken pox related to military service, replacing the earlier Instrument No. 58 of 1994. This legislative instrument, determined under subsection 196B(2) of the Veterans' Entitlements Act 1986, outlines the Statement of Principles that must be met for a reasonable hypothesis to be raised connecting chicken pox or death from chicken pox with specific kinds of military service. The Authority revoked the previous instrument following an investigation, prompted by section 196G of the Act, which considered the latest medical-scientific evidence. This new instrument also reflects changes necessitated by the commencement of the Military Rehabilitation and Compensation Act 2004, ensuring that the Statement of Principles applies to both Acts. The Authority's decision was made after an advertised investigation, with no submissions received, finalising the review process that began in June 2005.
Scope and Application
The Repatriation Medical Authority Instrument No. 25 of 2007, issued under the Veterans' Entitlements Act 1986, pertains to claims for compensation related to chicken pox and death from chicken pox, and applies to individuals who have served in various capacities, including operational, peacekeeping, and hazardous services under the Veterans' Entitlements Act, as well as warlike and non-warlike services under the Military Rehabilitation and Compensation Act 2004. This instrument is applicable on a national level in Australia and replaces previous instruments concerning chicken pox. It sets out the minimum factors required to establish a connection between the contracted disease or death and the service rendered, thereby determining the acceptance of liability for compensation claims that commenced on or after 1 July 2004. The instrument was developed following an investigation initiated by the Authority and finalized after considering the available medical-scientific evidence, with no submissions received during the investigation process. The Authority may extend or restrict the application of this instrument through subordinate instruments.
Key Provisions
The main operative sections of this legislation involve the revocation of Instrument No. 58 of 1994 concerning chicken pox under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA) and the creation of a new Statement of Principles, Instrument No. 25 of 2007, concerning chicken pox under subsection 196B(2) of the VEA. The new Instrument sets out the factors that must exist for chicken pox or death from chicken pox to be related to particular kinds of service, and it has been determined for the purposes of both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The new Instrument also includes various changes to the format and definitions of terms, such as 'death from chicken pox', 'ICD-10-AM code', and'relevant service'.
The obligations and requirements imposed by this legislation include the need for the Repatriation Medical Authority to consider sound medical-scientific evidence when determining Statements of Principles. The Authority must also advertise its intention to investigate a condition and invite submissions from relevant organisations and individuals. The new Instrument must be determined in accordance with the VEA and MRCA and must be published in the Government Notices Gazette. Additionally, the new Instrument must be in similar terms as the revoked Instruments, with specified differences such as the revised definition of 'chicken pox' and new factors related to exposure to the varicella-zoster virus and immunocompromised state at the time of clinical worsening of chicken pox.
Any offences, penalties, or civil/criminal consequences for breach of this legislation are not explicitly stated in the text. However, it is important to note that failure to comply with the requirements of the VEA and MRCA, including the determination of Statements of Principles, could potentially lead to legal consequences. These could include the denial of compensation claims for veterans and their dependants, or other administrative penalties imposed by the relevant authorities. The maximum penalties for any breaches would depend on the specific circumstances and applicable legislation.