{"id":"F2023L00469","name":"Statement of Principles concerning chickenpox (Balance of Probabilities) (No. 30 of 2023)","slug":"statement-of-principles-concerning-chickenpox-balance-of-probabilities-no-30-of-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441815,"registerId":"F2023L00469-fast-fetch-1775957016669","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning chickenpox (Balance of Probabilities) (No. 30 of 2023)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nCHICKENPOX (Balance of Probabilities)\n\n(No. 30 of 2023)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 24 April 2023.\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
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Professor Terence Campbell AM
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning chickenpox (Balance of Probabilities) (No. 30 of 2023).\n\n2 Commencement\n\n This instrument commences on 23 May 2023.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning chickenpox No. 88 of 2015 (Federal Register of Legislation No. F2015L00920) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about chickenpox and death from chickenpox.\n\nMeaning of chickenpox\n\n(2) For the purposes of this Statement of Principles, chickenpox:\n\n(a) means an infection caused by the varicella-zoster virus,\n\nusually manifesting with a vesicular eruption involving the skin or mucous membranes; and\n\n(b) excludes:\n\n(i) herpes simplex;\n\n(ii) shingles or postherpetic neuralgia;\n\n(iii) Mpox; and\n\n(iv) smallpox.\n\nNote: Chickenpox can also involve the lungs (pneumonia), the brain (encephalitis or meningitis) and other organs, and can produce disseminated intravascular coagulation. \n\n(3) While chickenpox attracts ICD‑10‑AM code B01, in applying this Statement of Principles the meaning of chickenpox is that given in subsection (2).\n\n(4) For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.\n\nDeath from chickenpox\n\n(5) For the purposes of this Statement of Principles, chickenpox, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's chickenpox.\n\nNote: terminal event is defined in the Schedule 1 – Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that chickenpox and death from chickenpox can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\nNote: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.\n\n9 Factors that must exist\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, chickenpox or death from chickenpox is connected with the circumstances of a person's relevant service:\n\n(1) being exposed to the varicella-zoster virus:\n\n(a) between 10 and 21 days before the clinical onset of chickenpox; or\n\n(b) between 10 and 28 days before the clinical onset of chickenpox\n\nin someone who:\n\n(i) is in an immunocompromised state as specified; or\n\n(ii) has received varicella-zoster immunoglobulin or normal human immunoglobulin as prophylaxis following varicella-zoster virus exposure;\n\nNote: being exposed to the varicella-zoster virus and immunocompromised state as specified are defined in the Schedule 1 – Dictionary.\n\n(2) for vaccine strain chickenpox only, having live attenuated varicella vaccine between 5 and 45 days before the clinical onset of chickenpox;\n\nNote: vaccine strain chickenpox is defined in the Schedule 1 - Dictionary.\n\n(3) being prevented from accessing appropriate varicella-zoster vaccination in accordance with contemporary medical standards of the time, between 1 year and 10 years before the clinical onset of chickenpox;\n\n(4) being in an immunocompromised state as specified at the time of the clinical worsening of chickenpox;\n\nNote: immunocompromised state as specified is defined in the Schedule 1 – Dictionary.\n\n(5) being pregnant at the time of the clinical worsening of chickenpox;\n\n(6) inability to obtain appropriate clinical management for chickenpox.\n\n10 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.\n\n(2) The factors set out in subsections 9(4) to 9(6) apply only to material contribution to, or aggravation of, chickenpox where the person's chickenpox was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;\n\nthen the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.\n\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n being exposed to the varicella-zoster virus means:\n\n(a) being in close contact with a person who has infectious chickenpox;\n\n(b) being in close contact with articles contaminated with varicella-zoster virus within the previous two days; or\n\n(c) inhaling droplet nuclei contaminated with varicella-zoster virus.\n\nNote: being in close contact and droplet nuclei are defined in the Schedule 1 - Dictionary.\n\n being in close contact means having direct physical contact, or having direct contact with vesicle fluids.\n\n chickenpox—see subsection 7(2).\n\n chronic renal failure means:\n\n(a) having a glomerular filtration rate of less than 15 mL/min/1.73 m2 for a period of at least 3 months; or\n\n(b) a need for renal replacement therapy (dialysis or transplantation) for treatment of complications of decreased glomerular filtration rate which would otherwise increase the risk of morbidity and mortality; or\n\n(c) undergoing chronic dialysis.\n\n droplet nuclei means the dried residue formed by evaporation of droplets coughed or sneezed into the atmosphere or by aerosolisation of infective material. \n\n immunocompromised state as specified means a condition of substantially lowered immune function due to the following:\n\n(a) infection with human immunodeficiency virus;\n\n(b) treatment with an immunosuppressive drug;\n\n(c) a haematological malignancy;\n\n(d) chronic renal failure; or\n\n(e) undergoing solid organ, stem cell or bone marrow transplantation.\n\nNote: chronic renal failure is defined in the Schedule 1 – Dictionary.\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n relevant service means:\n\n(a) eligible war service (other than operational service) under the VEA;\n\n(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c) peacetime service under the MRCA.\n\nNote: MRCA and VEA are defined in the Schedule 1 - Dictionary.\n\n chickenpox—see subsection 7(2).\n\n terminal event means the proximate or ultimate cause of death and includes the following:\n\n(a) pneumonia;\n\n(b) respiratory failure;\n\n(c) cardiac arrest;\n\n(d) circulatory failure; or\n\n(e) cessation of brain function.\n\n vaccine strain chickenpox means chickenpox attributed to the vaccine strain varicella-zoster virus by means of isolating the vaccine strain virus from the lesions.\n\n VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a standard replacement instrument maintaining the established scope of Repatriation Medical Authority Statements of Principles. It updates the 2015 version with current medical evidence but does not expand beyond the traditional function of setting disease-specific factors for veterans' compensation claims. The structure and purpose remain consistent with the legislative scheme established under section 196B(3) of the Veterans' Entitlements Act 1986."},"complexity_factors":["Multiple nested definitions requiring cross-referencing (e.g., 'immunocompromised state as specified' points to a list of five conditions, one of which—'chronic renal failure'—has its own three-part definition)","Time-bound conditional windows vary by factor (10–21 days, 10–28 days, 5–45 days, 1–10 years) creating a matrix of applicability","Specific exclusion of related conditions (herpes simplex, shingles, Mpox, smallpox) requiring diagnostic distinction","Dual legislative framework application (VEA and MRCA with different service definitions)","Distinction between clinical onset and clinical worsening with different factor sets applying to each","Vaccine strain chickenpox treated as a separate category requiring laboratory confirmation (virus isolation)","Section 11 creates dynamic incorporation of other Statements of Principles by reference, creating interdependence with unknown external instruments"],"plain_english_summary":"This instrument updates the medical rules for deciding if Australian veterans or defence members can get compensation for chickenpox (varicella‑zoster infection) or death from it, replacing the 2015 version and excluding conditions like shingles or Mpox. \n\nClaims must meet one of six specified medical connection factors (for example: exposure/vaccine timing, blocked vaccination, immunocompromise, pregnancy, or inadequate treatment). It’s a gateway for entitlement decisions—claims fail unless the connection is proven on the balance of probabilities."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. This instrument expressly repeals the 2015 Statement (s4) and replaces it with updated medical criteria and definitions for linking chickenpox or death from chickenpox to relevant service. It clarifies application to claims under s120B VEA and s339 MRCA (s5), adds specified exposure and timing conditions, defines immunocompromised states and vaccine‑strain cases (s9; Schedule 1), and sets rules on when factors constitute material contribution or aggravation (s10)."},"complexity_factors":["Repeal of prior Statement No. 88 of 2015 and replacement by this instrument (s4)","Application limited to claims under s120B VEA or s339 MRCA (s5)","Detailed medical criteria and temporal exposure windows that must be satisfied to establish connection (s9)","Definitions-heavy Schedule with clinical and epidemiological terms (Schedule 1) including 'immunocompromised state' and 'being exposed to the varicella-zoster virus' (Schedule 1)","Interplay with other Statements of Principles where factors refer to other diseases (s11)","Rules on relationship-to-service and temporal limits for aggravation versus causation (s10(1)-(2))","Inclusion of death from a terminal event contributed to by chickenpox and reference to terminal event definitions (s7(5), Schedule 1)","Reference to ICD-10-AM coding for identification but a separate definitional meaning of 'chickenpox' (s7(3)-(4))"],"plain_english_summary":"This instrument replaces the 2015 Statement and sets the Repatriation Medical Authority’s medical criteria for deciding, on the balance of probabilities, whether chickenpox (or death from it) is connected to a veteran’s or member’s relevant service. It applies to claims under section 120B of the Veterans' Entitlements Act 1986 and section 339 of the Military Rehabilitation and Compensation Act 2004.\n\nThe Authority states, based on medical evidence, that chickenpox can be service‑related and specifies clinical, exposure and timing conditions and defined immunocompromised states that must be met for a finding of service connection."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-chickenpox-balance-of-probabilities-no-30-of-2023","history":"/api/acts/statement-of-principles-concerning-chickenpox-balance-of-probabilities-no-30-of-2023/history","analysis":"/api/acts/statement-of-principles-concerning-chickenpox-balance-of-probabilities-no-30-of-2023/analysis","conflicts":"/api/acts/statement-of-principles-concerning-chickenpox-balance-of-probabilities-no-30-of-2023/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-chickenpox-balance-of-probabilities-no-30-of-2023/important-cases","documents":"/api/acts/statement-of-principles-concerning-chickenpox-balance-of-probabilities-no-30-of-2023/documents"}}