Amendment Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 53 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L00509 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

CARDIOMYOPATHY

(REASONABLE HYPOTHESIS) (NO. 53 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Amendment Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 53 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (the VEA), Amendment Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 53 of 2025).
  2.              This Instrument amends Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 57 of 2024) (Federal Register of Legislation No. F2024L00759) by:
  • inserting a new factor in subsection 9(2a) concerning having infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Day of Commencement

  1.              This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) (COVID-19) as a factor in cardiomyopathy in the Government Notices Gazette of 18 December 2024, 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, the Military Rehabilitation and Compensation 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 in relation to the investigation.

Human Rights

  1.              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.

Finalisation of Investigation

  1.              The determining of this Instrument finalises the investigation in relation to exposure as a factor in cardiomyopathy as advertised in the Government Notices Gazette of 18 December 2024.

References

  1.              A list of references relating to the above condition is available on the Authority's website at: www.rma.gov.au. Any other document referred to in this Statement of Principles is available on request to the Repatriation Medical Authority at the following address:

              

Email:    info@rma.gov.au

Post:      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.:   Amendment Statement of Principles No. 53 of 2025

Kind of Injury, Disease or Death: cardiomyopathy

 

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(2) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors connecting particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation 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 cardiomyopathy;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes having infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) as a new factor which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting cardiomyopathy with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 57 of 2024; and
  • reflects developments in the available sound medical-scientific evidence concerning cardiomyopathy 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, ICESCR; 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, ICESCR 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;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

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 Amendment Statement of Principles concerning Cardiomyopathy (Reasonable Hypothesis) (No. 53 of 2025) was enacted by the Repatriation Medical Authority under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986. This amendment aims to address the evolving understanding of cardiomyopathy in the context of military service by incorporating new medical-scientific evidence, specifically the link between infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and cardiomyopathy. This legislative instrument facilitates the assessment and review of claims for medical treatment and compensation for veterans and Defence Force members suffering from cardiomyopathy, thereby ensuring that the criteria for eligibility are consistent with the latest medical-scientific evidence. It also enhances the transparency and proportionality of the benefits system, promoting human rights such as the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health, while ensuring these rights are exercised without discrimination.

Scope and Application

The Amendment Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 53 of 2025) amends the existing Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 57 of 2024) to incorporate new evidence regarding the potential connection between infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and cardiomyopathy. This legislative amendment applies to veterans and current or former Defence Force members who may be eligible for benefits under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, particularly those seeking compensation and medical treatment related to cardiomyopathy. The amendment reflects updated medical-scientific evidence and specifies that infection with SARS-CoV-2 must exist as a factor for a reasonable hypothesis to be raised regarding the connection between cardiomyopathy and service. The amendment also facilitates the assessment and review processes for such claims by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and Administrative Appeals Tribunal. This instrument is designed to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans and Defence Force members, including their right to social security and adequate standard of living, as well as their rights to physical and mental health. The scope of this legislative amendment is limited to the Commonwealth of Australia, specifically under the authority granted by the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It does not exclude any specific entities or individuals from its application, provided they meet the eligibility criteria and the updated factors outlined in the amendment. No specific thresholds or exemptions are mentioned in the explanatory statement, but the determination of benefits will still be subject to the general provisions and criteria under the relevant Acts. This legislative instrument is compatible with human rights as it does not derogate from any rights and actively promotes several human rights, including the right to social security, adequate living standards, and health, without discrimination.

Key Provisions

The main operative sections of the Amendment Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 53 of 2025) are subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (VEA), which empower the Repatriation Medical Authority (the Authority) to amend the Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 57 of 2024) by inserting a new factor in subsection 9(2a) relating to infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). This amendment aims to ensure that a reasonable hypothesis connecting cardiomyopathy with the circumstances of eligible service rendered by a person includes having infection with SARS-CoV-2 as a minimum existing condition. The amendment reflects the developments in the available sound medical-scientific evidence concerning cardiomyopathy that have occurred since the earlier instrument was determined. The obligations imposed by the Act on the parties or entities it governs include ensuring that the determining of the Instrument finalises the investigation in relation to exposure as a factor in cardiomyopathy. The Authority must facilitate claimants in making, and the Repatriation Commission and the Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have cardiomyopathy. The Authority must also facilitate the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The Act requires the Authority to advertise its intention to undertake an investigation in relation to a specified condition in the Government Notices Gazette and to invite submissions from relevant parties. The Act provides for various offences, penalties, or civil/criminal consequences for breach. However, the specific details regarding offences, penalties, or consequences are not stated in the text. The Act 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, as evidenced by the Statement of Compatibility with Human Rights included in the text. The compatibility statement affirms that the Legislative Instrument does not derogate from any human rights and promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents. In conclusion, the Amendment Statement of Principles concerning cardiomyopathy (Reasonable Hypothesis) (No. 53 of 2025) amends the existing Statement of Principles by inserting a new factor in subsection 9(2a) concerning infection with SARS-CoV-2. The Act imposes obligations on the Authority to facilitate claimants, assessing bodies, and review boards in relation to cardiomyopathy claims, and to advertise and invite submissions for investigations. The Act is compatible with human rights and does not specify any particular offences, penalties, or consequences for breach.

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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.