Instrument No.343 of 1995
Statement of Principles
concerning
HERPES SIMPLEX
ICD CODE: 054
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being of the view that on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that herpes simplex and death from herpes simplex can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, herpes simplex or death from herpes simplex is connected 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 six months after service provided that there is no evidence of significant risk of HSV-I or HSV-II infection from sources not related to 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) or 70(5)(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 Statement of Principles concerning Herpes Simplex, issued in 1995 under the Veterans’ Entitlements Act 1986, was enacted to address the need for a clear determination of the connection between herpes simplex virus infection, its exacerbation, and the service rendered by veterans and defence force members. The Repatriation Medical Authority, acting under the authority granted by subsection 196B(3) of the Act, established specific criteria to ascertain the likelihood that herpes simplex, or death from herpes simplex, is related to eligible war service or defence service. This legislative instrument aims to provide a framework for veterans and members of the Forces to claim entitlements when herpes simplex can be reasonably linked to their service, ensuring that they receive the necessary support and recognition for service-related health conditions.
Scope and Application
The legislative instrument F2008B00283, under the Veterans’ Entitlements Act 1986, establishes a Statement of Principles concerning herpes simplex and its relation to eligible war service and defence service. This Statement applies to veterans and members of the forces who may have contracted herpes simplex during or shortly after their service, provided certain conditions are met. Specifically, the instrument applies to persons who have symptomatic or serological evidence of a primary HSV-I or HSV-II infection during service or within six months post-service, or who were exposed to ultraviolet light, suffered external thermal burns, were in an immuno-compromised state, or could not obtain appropriate clinical management for the herpes simplex within the seven days before the clinical worsening of the condition. The instrument is applicable nationally, as it is a Commonwealth legislative instrument. There are no explicit exclusions or exemptions stated within this document, but it does provide detailed criteria that must be met for herpes simplex to be considered related to service for the purposes of veterans’ entitlements. The instrument also allows for the extension of its application through subordinate instruments, which may further define or refine the criteria and conditions outlined herein.
Key Provisions
The Statement of Principles concerning Herpes Simplex under the Veterans’ Entitlements Act 1986 (the Act) sets forth specific criteria that must be met to establish a connection between herpes simplex or death from herpes simplex and the service rendered by veterans or members of the Forces. According to section 1, for herpes simplex to be related to eligible war service or defence service, there must be evidence of symptomatic or serological infection during service or within six months after service, exposure to ultraviolet light, external thermal burns, an immuno-compromised state, or inability to obtain appropriate clinical management within seven days before the clinical worsening of herpes simplex. The key requirement is that at least one of these factors must be related to the service rendered by the individual, as outlined in section 2. Additionally, factors such as exposure to ultraviolet light, external thermal burns, or an immuno-compromised state must apply only where the herpes simplex was contracted before the service, and the relationship between the herpes simplex and the service must be as specified in certain sections of the Act, as stated in section 3.
The obligations imposed on veterans or members of the Forces by this Statement of Principles include providing evidence that at least one of the specified factors occurred during or immediately before their service, and that this factor is related to their service. This evidence may include medical records, statements, or other documentation that supports the claim that the herpes simplex or death from herpes simplex was connected to their service. The Repatriation Medical Authority will assess the provided evidence to determine whether the criteria set out in the Statement of Principles have been met. The obligations also extend to ensuring that any claims made are supported by the necessary documentation and that all relevant information is provided in a timely and accurate manner.
There are no specific offences or penalties outlined in the Statement of Principles itself, but the Veterans’ Entitlements Act 1986 may contain provisions that deal with offences and penalties related to false claims or fraudulent activity. The Act may impose civil or criminal penalties for knowingly making a false statement or providing false information in a claim for veterans' entitlements. The penalties for such offences can vary depending on the circumstances and the severity of the offence, and may include fines or imprisonment. It is important for veterans or members of the Forces to ensure that their claims are accurate and supported by the necessary evidence to avoid any potential legal consequences.