REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 27 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. 60 of 1994, determined under subsection 196B(2) of the VEA concerning herpes zoster and death from herpes zoster.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that herpes zoster and death from herpes zoster 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. 27 of 2007 concerning herpes zoster. 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 herpes zoster or death from herpes zoster, 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 herpes zoster 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 'herpes zoster' in clause 3;
- new factor 6(b) concerning vaccine strain herpes zoster;
- former factors for 'Hodgkin's disease', 'non-Hodgkin's lymphoma', and 'bone marrow transplant' are redundant as they would be covered by factor 6(c) concerning immunocompromised state;
- new factor 6(d) concerning trauma;
- new factor 6(e) concerning a worsening factor for immunocompromised state;
- deleting the definitions of 'Hodgkin's disease'; 'ICD-code'; and 'non-Hodgkin's lymphoma';
- including new definitions of 'death from herpes zoster'; 'ICD-10-AM code'; 'relevant service'; 'terminal event'; and 'vaccine strain herpes zoster', 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 herpes zoster 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 herpes zoster 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. 27 of 2007 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 was enacted to address the need for an updated Statement of Principles concerning herpes zoster, replacing the previous Instrument No. 60 of 1994. The Authority determined that there is sufficient medical-scientific evidence to link herpes zoster and death from herpes zoster with particular types of service, necessitating the creation of this new instrument. This legislative instrument was issued by the Repatriation Medical Authority to provide clarity on the connection between herpes zoster and specific service conditions, ensuring that compensation claims are assessed based on the most current medical evidence. The policy objective was to ensure that veterans and service personnel receive appropriate compensation for service-related conditions, reflecting the latest understanding of medical science.
Scope and Application
The Repatriation Medical Authority Instrument No. 27 of 2007, under the Veterans' Entitlements Act 1986, pertains to the recognition of herpes zoster and death from herpes zoster as conditions related to specific types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. This instrument replaces the previously revoked Instrument No. 60 of 1994 and applies to veterans who contracted herpes zoster or died from the condition during or after their service. The instrument is relevant for claims submitted under the Military Rehabilitation and Compensation Act 2004, which governs compensation claims for service injuries, diseases, or deaths occurring on or after 1 July 2004. The Authority, through this instrument, provides a framework for assessing the connection between herpes zoster or death from the condition and the service rendered, which is essential for determining compensation eligibility. The instrument details specific factors that must be present to establish a link between the condition and the service, such as the type of service and the presence of an immunocompromised state, among other considerations. The Authority has undertaken an investigation, published in the Government Notices Gazette of 15 June 2005, to gather medical-scientific evidence supporting the relationship between herpes zoster, death from herpes zoster, and the specified types of service.
Key Provisions
The primary operative section of the Repatriation Medical Authority Instrument No. 27 of 2007 is the determination of a Statement of Principles (section 4), which outlines the conditions and service-related factors that must exist for a reasonable hypothesis to connect herpes zoster or death from herpes zoster with specific service circumstances. This new instrument replaces the revoked Instrument No. 60 of 1994 and incorporates the latest format adopted in 2005, including revised definitions and new factors such as vaccine strain herpes zoster and trauma. The instrument specifies the service kinds under which herpes zoster can be connected to service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, as defined in the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 (section 4).
The Act imposes several obligations on parties governed by it. It mandates that claims for compensation related to service injuries, diseases, or deaths on or after 1 July 2004 be assessed by the Military Rehabilitation and Compensation Commission with reference to Statements of Principles issued by the Authority under the Veterans' Entitlements Act (section 3). The Authority is required to advertise its intention to investigate specific conditions, such as herpes zoster, in the Government Notices Gazette and to invite submissions from relevant stakeholders, though it is noted that no submissions were received for this investigation (section 8 and 9). The Authority must also ensure that the Statement of Principles reflects the latest medical-scientific evidence available and is in line with the revised Instrument format (section 6 and 7).
Breach of the provisions outlined in the instrument can lead to civil or criminal consequences, though the specific nature of these consequences is not detailed in the explanatory statement. Generally, under the Veterans' Entitlements Act, non-compliance or misrepresentation of facts in claims could potentially lead to penalties under relevant sections of the Act. The Military Rehabilitation and Compensation Act also provides for penalties for offences related to compensation claims, though the maximum penalties are not specified in this explanatory statement. It is important to note that the determination of penalties would depend on the specific breach and the relevant legal framework governing the matter at the time of the offence.