Instrument No.342 of 1995
Statement of Principles
concerning
HERPES SIMPLEX
icd code: 054
Veterans’ Entitlements Act 1986
subsection 196B(2)
1. Being of the view that there is sound medical-scientific evidence that indicates that herpes simplex and death from herpes simplex can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping Forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting herpes simplex or death from herpes simplex with the circumstances of that service, are:
(a) having symptomatic or serological evidence of a primary HSV-I or HSV-II infection during service or within one year after service; or
(b) being exposed to ultraviolet light within the seven days immediately before the clinical worsening of herpes simplex; or
(c) suffering external thermal burns within the seven days immediately before the clinical worsening of herpes simplex; or
(d) being in an immuno-compromised state immediately before the clinical worsening of herpes simplex; or
(e) inability to obtain appropriate clinical management for the herpes simplex.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(e) must be related to any service rendered by a person.
3. The factors set out in paragraphs 1(b) to 1(e) apply only where:
(a) the person's herpes simplex was contracted before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the herpes simplex and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act.
4. For the purposes of this Statement of Principles:
“external thermal burns” means an injury caused by the application of heat to external body tissue, attracting ICD code 948 or 949, or an ICD code in the range 940 - 946;
“herpes simplex” means a group of infections caused by herpes simplex virus Type I or Type II, characterised by the development of one or more small fluid-filled vesicles with a raised erythematous base on the skin or mucous membranes, with Type I infection typically involving non-genital areas of skin and Type II infection typically involving the genitals and surrounding areas of skin and which can also involve the central nervous system or visceral organs, attracting ICD code 054;
“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;
“immuno-compromised state” means a state where the immune response has been attenuated by administration of immunosuppressive drugs, or by irradiation, certain types of infection, malnutrition, or a malignant disease process;
“primary HSV-I or HSV-II infection” means the first clinical manifestation of infection caused by herpes simplex virus Type I or II (HSV-I or HSV-II), excluding reactivation of a latent HSV-I or HSV-II infection, and characterised by a variety of manifestations including generalised systemic symptoms including fever, malaise and lymphadenopathy and/or the development of characteristic localised manifestation of HSV-I or HSV-II infections such as genital herpes, herpetic gingivostomatitis or herpetic whitlow, attracting ICD code 054.
Dated this Twenty-eighth day of September 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Veterans’ Entitlements Act 1986 was enacted to provide various benefits and entitlements to Australian veterans, including those suffering from illnesses or injuries related to their service. In 1995, the Repatriation Medical Authority issued a Statement of Principles concerning herpes simplex to address the problem of veterans developing herpes simplex infections, or dying from herpes simplex, potentially related to their service. This legislative instrument, under the Act, identifies the specific factors that must be present to establish a reasonable hypothesis connecting herpes simplex or death from herpes simplex with service, thereby ensuring that affected veterans can access appropriate benefits and support. The policy objective is to provide clarity and guidance for veterans and medical professionals in determining the eligibility of herpes simplex-related claims based on the specified conditions.
Scope and Application
The Veterans’ Entitlements Act 1986 provides various benefits to veterans who have contracted diseases or suffered injuries during their service. Under subsection 196B(2) of the Act, the Repatriation Medical Authority has issued a Statement of Principles concerning herpes simplex. This legislation applies to veterans, members of peacekeeping forces, and members of the forces who have contracted herpes simplex during or shortly after their service, and who meet specific criteria connecting their condition to their service. These criteria include having symptomatic or serological evidence of a primary herpes simplex infection during service or within one year after service, being exposed to ultraviolet light or suffering thermal burns or being in an immuno-compromised state within a specified period before the worsening of herpes simplex, or being unable to obtain appropriate clinical management for the condition. The application of the Act is national, as it falls under the Commonwealth jurisdiction, and it extends to all veterans who have served in relevant capacities and meet the outlined conditions. There are no explicit exclusions or thresholds mentioned in the Statement of Principles, but the connection between the herpes simplex and the service must be established according to the specified relationships outlined in the Act. The application of the Act may be further defined or clarified through subordinate instruments issued by the Repatriation Medical Authority.
Key Provisions
The Statement of Principles concerning Herpes Simplex, as determined under subsection 196B(2) of the Veterans’ Entitlements Act 1986, sets out specific factors that must exist to establish a reasonable hypothesis linking herpes simplex or death from herpes simplex with the circumstances of service rendered by veterans, peacekeeping forces, or hazardous service members. Section 1 identifies these factors, which include having symptomatic or serological evidence of a primary HSV-I or HSV-II infection during or shortly after service, being exposed to ultraviolet light or suffering external thermal burns within a specific timeframe before clinical worsening, being in an immuno-compromised state, or being unable to obtain appropriate clinical management for the herpes simplex. Section 2 stipulates that at least one of these factors must be related to the service in question.
The obligations imposed by this legislation primarily rest on the Repatriation Medical Authority, which must determine whether the listed factors are present in individual cases. For veterans or service members seeking to claim entitlements related to herpes simplex, they must provide evidence supporting at least one of the specified factors related to their service. The onus is on the claimant to demonstrate how their herpes simplex or death from herpes simplex is connected to their service under the criteria set out in the Statement of Principles. This involves providing medical evidence and documentation that aligns with the factors detailed in the legislation.
In terms of consequences, the Statement of Principles itself does not outline specific offences, penalties, or civil/criminal consequences for breach. Instead, its role is to guide the Repatriation Medical Authority in assessing claims. However, under the broader framework of the Veterans’ Entitlements Act 1986, any misleading or false information provided to the Authority could potentially lead to penalties. Such actions might be considered fraudulent under the Act, which could result in civil or criminal penalties. The Act also provides for the imposition of fines and imprisonment for offences related to false claims, as outlined in other sections of the legislation. The maximum penalties for such offences can vary, but they are designed to deter fraudulent behaviour and ensure the integrity of the claims process.