Amendment Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 55 of 2021)

Administered by Department of Veterans' Affairs

Legislation au F2021L00490 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

ISCHAEMIC HEART DISEASE

(REASONABLE HYPOTHESIS) (NO. 55 OF 2021)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 55 of 2021).

Background

2.             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 ischaemic heart disease (Reasonable Hypothesis) (No. 55 of 2021).

3.             This Instrument amends Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 1 of 2016) (Federal Register of Legislation No. F2016L00001) by:

  • inserting new factors in paragraphs 9(43)(ka) and 9(86)(ka) concerning 'having infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)'; and
  • inserting new notes to subsections 9(43) and 9(86).

Day of Commencement

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

Consultation

5.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to ischaemic heart disease in the Government Notices Gazette of 5 January 2021, 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

6.             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

7.             The determining of this Instrument finalises the investigation in relation to ischaemic heart disease as advertised in the Government Notices Gazette of 5 January 2021.

References

8.             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. 55 of 2021

Kind of Injury, Disease or Death: Ischaemic heart disease

 

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 ischaemic heart disease;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new factors 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 ischaemic heart disease with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 1 of 2016; and
  • reflects developments in the available sound medical-scientific evidence concerning ischaemic heart disease 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;
  • 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 ischaemic heart disease (Reasonable Hypothesis) (No. 55 of 2021) was determined by the Repatriation Medical Authority under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986. This amendment was enacted to address the evolving understanding of ischaemic heart disease, particularly in light of new medical-scientific evidence, and to ensure that the claims process for veterans and current or former Defence Force members is both fair and scientifically accurate. The Authority consulted with relevant stakeholders before making its determination, although no submissions were received for consideration. The purpose of this legislative instrument is to facilitate claims and assessments for compensation and benefits related to ischaemic heart disease, while ensuring compatibility with human rights standards as outlined in international instruments. This amendment improves the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by incorporating new factors that reflect the latest sound medical-scientific evidence concerning ischaemic heart disease. The instrument is designed to support claimants and the Repatriation Commission in assessing claims, as well as to assist in the review of decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. Importantly, it ensures that the rights of veterans, current and former Defence Force members, and their dependents are upheld, including their rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The instrument is compatible with human rights, as it promotes these rights without derogation.

Scope and Application

The Amendment Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 55 of 2021) amends the existing Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 1 of 2016) as it applies to veterans and current or former members of the Australian Defence Force who have developed ischaemic heart disease. This amendment is made to reflect developments in sound medical-scientific evidence and includes new factors concerning infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The new factors are intended to facilitate claims and assessments under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, and to support the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal. The legislation applies to all eligible persons, including veterans and Defence Force members, who have developed ischaemic heart disease and who are seeking benefits or compensation under the aforementioned Acts. The amendment specifies that the new provisions are effective from a specified date, finalising the investigation into ischaemic heart disease that was advertised in January 2021. This amendment does not exclude any particular groups or entities and aligns with international human rights standards, ensuring that the rights of veterans and Defence Force members are upheld.

Key Provisions

The key operative sections of the Amendment Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 55 of 2021) pertain to the amendment of the Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 1 of 2016) by inserting new factors in paragraphs 9(43)(ka) and 9(86)(ka) relating to 'having infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)' (subsection 196B(2)). The new factors address the connection between ischaemic heart disease and COVID-19 infection, aiming to improve the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Additionally, new notes are inserted to subsections 9(43) and 9(86) to provide further clarification and guidance on the application of these factors. The Act imposes specific obligations on parties and entities it governs, particularly in relation to claims and assessments concerning ischaemic heart disease. Claimants must ensure that any claims for medical treatment and compensation under the VEA and MRCA are made in accordance with the updated Statement of Principles. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to assess claims based on the new factors and notes, ensuring that decisions are made in line with the sound medical-scientific evidence. The Veterans' Review Board and the Administrative Appeals Tribunal must also review these decisions, taking into account the amendments made by this Instrument. Breach of the provisions in the Amendment Statement of Principles concerning ischaemic heart disease (Reasonable Hypothesis) (No. 55 of 2021) does not necessarily result in direct civil or criminal penalties. However, any non-compliance with the updated Statement of Principles could lead to challenges in the validity of claims and assessments. This could potentially result in disputes over the eligibility for benefits and compensation, which might require judicial review or intervention to ensure that the principles are correctly applied. The primary consequence of non-compliance would be the misapplication of the benefits intended for veterans and their families, potentially denying eligible individuals the support they are entitled to under the VEA and MRCA.

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Area of Law
Veterans' Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Consultation Requirements
Regulatory Standards
Catchwords
Ischaemic heart disease
SARS-CoV-2 infection

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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.