REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 26 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. No. 59 of 1994, as amended by Instrument No. 187 of 1995, determined under subsection 196B(3) of the VEA concerning chicken pox and death from chicken pox.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 26 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 exist, and which of those factors must be related to the following kinds of service rendered by a person:
eligible war service (other than operational service) under the VEA;
defence service (other than hazardous service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, chicken pox or death from chicken pox is connected 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. 26 of 2007, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of chicken pox and its connection to military service. The Repatriation Medical Authority revoked previous instruments concerning chicken pox, replacing them with this new Statement of Principles due to new medical-scientific evidence indicating a probable link between chicken pox, death from chicken pox, and specific military service conditions. The Authority conducted an investigation, notified in the Government Notices Gazette on 15 June 2005, and determined that the new instrument reflects updated terminology and criteria while clarifying its applicability under both the VEA and the MRCA. The Authority did not receive submissions during the investigation, but the new instrument concludes the investigation process.
Scope and Application
The Repatriation Medical Authority Instrument No. 26 of 2007, made under the Veterans’ Entitlements Act 1986, concerns chicken pox and death from chicken pox in relation to military service. This instrument applies to individuals who have served in eligible war service, defence service, or peacetime service, as defined by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The instrument outlines the specific circumstances under which chicken pox or death from chicken pox can be considered connected to military service, thereby establishing the criteria for compensation claims. The geographic reach of this Act is national, applying across Australia, and it affects individuals who have served in the military and are seeking compensation for conditions related to their service. The instrument replaces previous statements of principles concerning chicken pox and is effective as of its determination, providing updated guidelines and definitions to ensure clarity and consistency in the assessment of claims. The instrument does not specify any exclusions, but its application may be influenced by subordinate instruments that further detail the claims process and eligibility criteria.
Key Provisions
The Repatriation Medical Authority has revoked Instrument No. 59 of 1994 and its subsequent amendments (sections 1, 2) based on the sound medical-scientific evidence available. The Authority has issued a new Statement of Principles, Instrument No. 26 of 2007, concerning chicken pox, replacing the previous instruments. This new instrument outlines the factors that must exist for a connection to be established between chicken pox, death from chicken pox, and specific types of service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). These factors include eligible war service, defence service, and peacetime service. The instrument details the necessary conditions that must be related to the service rendered for a claim to be considered valid.
The new Statement of Principles imposes specific obligations on parties involved in claims for compensation related to chicken pox. Claimants must demonstrate that their chicken pox or death from chicken pox is connected to their service under the outlined conditions. The Authority requires the presentation of relevant medical evidence to support the claim. Additionally, the MRCA mandates that claims for compensation for service injuries, diseases, or deaths occurring on or after 1 July 2004 be evaluated by the Military Rehabilitation and Compensation Commission using these Statements of Principles. This ensures consistency and fairness in the assessment process.
Breach of the provisions outlined in the new Statement of Principles may lead to legal consequences. While the document does not specify exact penalties, it is likely that failure to comply with the stipulated conditions for claiming compensation could result in the rejection of a claim. Furthermore, any misrepresentation of facts or submission of false evidence could potentially lead to civil or criminal penalties under Australian law. The exact nature and severity of such penalties would depend on the specific circumstances and the applicable legal frameworks, but they could include fines or legal action against the offender.