REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 4 of 2010

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

EXPLANATORY NOTES FOR TABLING

1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), revokes Instrument No. 343 of 1995, determined under subsection 196B(3) of the VEA concerning herpes simplex.

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that herpes simplex and death from herpes simplex 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. 4 of 2010 concerning herpes simplex.  This Instrument will in effect replace the revoked Statement 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, herpes simplex or death from herpes simplex 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 27 June 2007 concerning herpes simplex in accordance with section 196G of the VEA.  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 Instrument.  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 'herpes simplex' in clause 3;
• revising factor 6(a) concerning HSV-1 or HSV-2 infection/exposure;
• new factor 6(b) concerning thermal burn exposure;
• new factor 6(c) concerning immunosuppressed state;
• new factors 6(d) & 6(k) concerning surgery to nerve root ganglia;
• new factors 6(e) & 6(l) concerning having surgery to the brain - for acute herpes simplex encephalitis and acute herpes simplex retinal necrosis only;
• new factors 6(f) & 6(m) concerning having surgery to the face or having an upper respiratory tract infection – for orofacial herpes only;
• new factor 6(g) concerning being exposed to sunlight or ultraviolet light;
• new factors 6(h) & 6(o) concerning being at least 20 weeks pregnant;
• revising factor 6(i) concerning thermal burn exposure;
• revising factor 6(j) concerning immuno-compromised state now using the term immunosuppressed state;
• revising factor 6(n) concerning being exposed to ultraviolet light, expanding the factor to include exposure to sunlight or ultraviolet light;
• new definitions of "a significant thermal burn", "being exposed to HSV-1", "being exposed to HSV-2", "being in an immunosuppressed state", "death from herpes simplex", "ICD-10-AM code", "relevant service", "surgery to the face", and "terminal event" in clause 9;
• deleting definitions of "external thermal burns", "ICD code", "immuno-compromised state", and "primary HSV-I or HSN-II infection"; 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 herpes simplex in the Government Notices Gazette of 27 June 2007, 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 herpes simplex as advertised in the Government Notices Gazette of 27 June 2007.

10.         A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

The Registrar

Repatriation Medical Authority Secretariat

GPO Box 1014

BRISBANE    QLD    4001