Statement of Principles concerning herpes zoster No. 48 of 2015

Administered by Department of Veterans' Affairs

Legislation au F2015L00254 Not in force Legislative Instrument

Legislation content

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 48 of 2015

 

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. 28 of 2007, determined under subsection 196B(3) of the VEA concerning herpes zoster.
  2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 48 of 2015 concerning herpes zoster.  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 and British nuclear test defence service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, herpes zoster or death from herpes zoster is connected with the circumstances of that service.

5.             This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2012 concerning herpes zoster 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 this Instrument are in similar terms as the revoked Instrument.  Comparing this Instrument and the revoked Instrument, the differences include:

  • revising the definition of 'herpes zoster' in clause 3;
  • revising factor 6(a) concerning 'chickenpox';
  • revising factors 6(c) and 6(e) concerning 'an immunocompromised state as specified';
  • revising factor 6(d) concerning 'trauma, including surgery';
  • new definitions of 'an immunocompromised state as specified', 'being treated with an immunosuppressive drug' and 'chronic renal failure' in clause 9;
  • revising the definitions of 'ICD-10-AM code' and 'relevant service' in clause 9;
  • deleting the definition of 'an immunocompromised state'; 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 2 May 2012, 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.  One submission was received for consideration by the Authority during the investigation.

9.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights follows.

10.         The determining of this Instrument finalises the investigation in relation to herpes zoster as advertised in the Government Notices Gazette of 2 May 2012.

11.         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

GPO Box 1014

BRISBANE    QLD    4001

Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Statement of Principles No. 48 of 2015

Kind of Injury, Disease or Death: Herpes zoster

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have herpes zoster;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, herpes zoster is connected with the circumstances of eligible service rendered by a person, as set out in clause 4 of the Explanatory Notes;
  • replaces Instrument No. 28 of 2007; and
  • reflects developments in the available sound medical-scientific evidence concerning herpes zoster which have occurred since that earlier instrument was determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Repatriation Medical Authority Instrument No. 48 of 2015, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address the medical-scientific evidence surrounding the connection between herpes zoster and certain types of military service. This legislative instrument revokes the previous Instrument No. 28 of 2007 and establishes a new Statement of Principles concerning herpes zoster, providing clearer guidelines for determining the eligibility of veterans for medical treatment and compensation. The Authority’s decision is based on the most current medical-scientific evidence, aiming to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent. The Authority also took into account submissions from relevant organisations and individuals during its investigation, which was publicly advertised on 2 May 2012. This new instrument facilitates both the submission and assessment of claims, as well as the review process, ensuring the rights of veterans and their dependents are upheld.

Scope and Application

The Repatriation Medical Authority Instrument No. 48 of 2015, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning herpes zoster. It applies to eligible veterans, current and former defence force members, and their dependents who may be claiming compensation or medical treatment related to herpes zoster sustained during specific service periods, including eligible war service, defence service, and peacetime service. The instrument is designed to clarify the circumstances under which herpes zoster can be connected to service, facilitating claims for compensation and medical treatment. This instrument has a national jurisdictional reach, affecting claimants across Australia. The instrument specifies the sound medical-scientific evidence required to establish a connection between herpes zoster and the service rendered, and it outlines the factors necessary to support such claims. The instrument also specifies a date of effect and replaces the previous Instrument No. 28 of 2007, reflecting advancements in medical-scientific evidence. The Authority may extend or restrict the application of this instrument through subordinate instruments, ensuring it remains responsive to new evidence and changing circumstances.

Key Provisions

The primary sections of this legislative instrument, Instrument No. 48 of 2015, are designed to facilitate the claims process and assessment of eligibility for benefits under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Specifically, section 196B(8) of the VEA empowers the Repatriation Medical Authority (the Authority) to revoke Instrument No. 28 of 2007 and establish new guidelines concerning herpes zoster. The instrument sets out a Statement of Principles, outlining the specific circumstances and factors necessary for a person to be considered eligible for benefits in relation to herpes zoster. These include the nature of the service rendered, the existence of sound medical-scientific evidence linking herpes zoster to the service, and other relevant conditions. This new instrument replaces the previous one, incorporating updated medical-scientific evidence and clarifying the conditions under which compensation and medical treatment can be provided to veterans and Defence Force members. The obligations imposed by this instrument on parties and entities include the requirement for the Repatriation Commission to assess claims for medical treatment and compensation under the VEA and the MRCA, in accordance with the specified Statement of Principles. The Authority is mandated to facilitate the review of decisions made by the Veterans' Review Board and the Administrative Appeals Tribunal. The instrument also requires claimants to provide evidence and information that aligns with the outlined factors to substantiate their claims. The Authority, in turn, must ensure that the assessment process is transparent, reasonable, and proportionate, in line with human rights obligations. Any breach of the obligations set out in this instrument may result in legal consequences. For instance, if the Repatriation Commission fails to adhere to the Statement of Principles when assessing claims, it may lead to the overturning of decisions by the Veterans' Review Board or the Administrative Appeals Tribunal. Similarly, claimants who provide false or misleading information to substantiate their claims may face penalties, although specific penalties are not detailed in the provided text. The instrument's alignment with human rights is also crucial, as any actions that derogate from these rights may be subject to judicial scrutiny and could potentially lead to legal challenges. In summary, the legislative instrument establishes clear criteria and procedures for the assessment and approval of benefits related to herpes zoster under the VEA and the MRCA. It outlines the responsibilities of the Repatriation Commission, the Authority, and claimants, and sets out the consequences of non-compliance, all while ensuring that the process respects and promotes human rights.

Legal classification tags

Area of Law
Veterans' Affairs
Instrument
Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.