Statement of Principles concerning smallpox No. 141 of 1995

Overview

The Veterans’ Entitlements Act 1986 (VEA) was enacted to provide support and benefits to Australian veterans and their families. The Act was introduced to address the need for a legislative framework that recognises and supports the sacrifices made by veterans and their families. The VEA is administered by the Repatriation Medical Authority, which is tasked with determining the eligibility of veterans for various benefits. The legislative instrument, Statement of Principles concerning Smallpox, issued under subsection 196B(2) of the VEA, aims to establish clear criteria for the connection of smallpox or death from smallpox to operational service rendered by veterans. The Repatriation Medical Authority, exercising its authority under the VEA, has determined that for a reasonable hypothesis to be raised connecting smallpox or death from smallpox with the circumstances of service, there must be evidence of either being in an area endemic with Poxvirus variolae not more than 22 days before developing smallpox, or an inability to obtain appropriate clinical management for the smallpox. These principles are intended to ensure that veterans can access the necessary support and benefits for conditions related to their service.

Scope and Application

The Statement of Principles concerning Smallpox under the Veterans’ Entitlements Act 1986 applies to veterans, peacekeeping forces members, and members of the Forces who have rendered operational, peacekeeping, or hazardous service. The focus is on establishing a connection between smallpox or death from smallpox and the circumstances of their service. Specifically, it addresses whether individuals were in an area endemic with Poxvirus variolae not more than 22 days before developing smallpox, or whether they were unable to obtain appropriate clinical management for the disease. The geographic scope is broad, covering multiple countries and territories that were endemic with smallpox as of certain dates in 1921, 1953, 1954, 1965, and 1970, with further details provided in the Schedule. The principles outlined in this legislative instrument are meant to facilitate the assessment of veterans' claims for entitlements related to smallpox. The instrument does not explicitly mention any exclusions, exemptions, or thresholds, and it appears to be a standalone document without extensions or restrictions through subordinate instruments.

Key Provisions

The Statement of Principles under the Veterans’ Entitlements Act 1986, concerning smallpox, outlines specific factors that must be present to establish a connection between a veteran's service and their contracting of smallpox or death from smallpox (section 1). These factors include being in an area where Poxvirus variolae is endemic within 22 days prior to developing smallpox or being unable to obtain appropriate clinical management for the disease (section 1(a) and (b)). At least one of these factors must relate to the veteran's service (section 2). The inability to obtain appropriate clinical management only applies if the smallpox was contracted before the period or part of the period of service in question, and only if the relationship between the smallpox and the service falls within specific categories outlined in the Act (section 3). The Statement of Principles imposes obligations on veterans seeking to establish a connection between their service and smallpox. They must provide evidence that at least one of the specified factors was present during or before their service. This includes demonstrating either their presence in an endemic area within 22 days before contracting smallpox or their inability to obtain appropriate clinical management for the disease, provided it was contracted before the service period in question (section 1 and 3). The burden of proof is on the veteran to show that these conditions were met. Breaches of the requirements set out in the Statement of Principles may have legal consequences. While the document does not explicitly mention penalties for non-compliance, the Act under which this Statement of Principles is made, the Veterans’ Entitlements Act 1986, does provide for penalties for fraudulent claims or misrepresentations. Under section 196D of the Act, any person who knowingly makes a false or misleading statement in an application for a benefit or in relation to a claim can be subject to criminal penalties, which may include fines and imprisonment. The specific penalties depend on the severity of the offence, but the Act allows for significant fines and imprisonment terms for serious breaches.