Amendment Statement of Principles concerning myocarditis (Balance of Probabilities) (No. 40 of 2026)

Administered by Department of Veterans' Affairs

Legislation au F2026L00469 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

MYOCARDITIS

(Balance of Probabilities) (NO. 40 OF 2026)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Amendment Statement of Principles concerning myocarditis (Balance of Probabilities) (No. 40 of 2026).

Background

  1.              The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(3) and (8) of the Veterans' Entitlements Act 1986 (the VEA), Amendment Statement of Principles concerning myocarditis (Balance of Probabilities) (No. 40 of 2026).
  2.          This Instrument amends Statement of Principles concerning myocarditis (Balance of Probabilities) (No. 18 of 2024) (Federal Register of Legislation No. F2024L00215) by:
  • replacing the existing factor in subsection 8(16) concerning 'COVID-19 mRNA vaccine.'

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.

Incorporation

  1.              This Instrument refers to 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.
  2.              The reference to the ICD-10-AM in this instrument is included for contextual and explanatory purposes only. Although not incorporated by reference, information about the ICD-10-AM can be obtained upon application in writing to the Repatriation Medical Authority either via our website at www.rma.gov.au or postal address GPO Box 1014, Brisbane, Queensland 4001.

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to Novavax (Nuvaxovid, NVX-CoV2373) COVID-19 vaccine as a factor in myocarditis in the Government Notices Gazette of 18 December 2025, 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 myocarditis as advertised in the Government Notices Gazette of 18 December 2025.

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. 40 of 2026

Kind of Injury, Disease or Death: Myocarditis

 

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(3) 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 myocarditis;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes exposure as a new factor which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, myocarditis is connected with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 18 of 2024; and
  • reflects developments in the available sound medical-scientific evidence concerning myocarditis 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 Myocarditis (Balance of Probabilities) (No. 40 of 2026) was enacted to address the evolving medical evidence surrounding myocarditis, particularly in relation to its association with exposure to certain factors, including the Novavax (Nuvaxovid, NVX-CoV2373) COVID-19 vaccine. This legislative amendment was determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The policy objective of this amendment is to ensure that claims for medical treatment and compensation for myocarditis can be assessed fairly and accurately, in line with the latest medical-scientific evidence. The instrument amends the existing Statement of Principles concerning myocarditis (Balance of Probabilities) (No. 18 of 2024) by replacing the specific factor related to the COVID-19 mRNA vaccine, thereby reflecting current evidence and facilitating the review of such claims by relevant authorities. This legislative instrument is designed to improve the medico-scientific quality of outcomes under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, thereby supporting the human rights of veterans, current and former Defence Force members, and their dependents. It ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, facilitating access to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. Furthermore, the instrument ensures that these rights are exercised without discrimination, in accordance with international human rights standards.

Scope and Application

The Amendment Statement of Principles concerning myocarditis (Balance of Probabilities) (No. 40 of 2026) pertains to veterans, current and former Defence Force members, and their dependents under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Act seeks to amend the previous Statement of Principles concerning myocarditis by introducing a new factor regarding exposure, specifically related to the Novavax COVID-19 vaccine, as a condition that must exist on the balance of probabilities to connect myocarditis with service circumstances. This legislative instrument ensures that the qualifying conditions for benefits are reasonable, proportionate, and transparent, facilitating the assessment and determination of compensation and benefits for treatment and rehabilitation. The legislative instrument does not derogate from any human rights and, in fact, promotes several human rights, including the right to social security, the right to an adequate standard of living, and the right to the highest attainable standard of physical and mental health. The instrument is compatible with human rights as it does not discriminate and promotes these rights without any form of bias. The scope of this amendment extends to the Commonwealth level, impacting the administration and assessment of benefits under the VEA and the MRCA. The determination is based on sound medical-scientific evidence and follows an investigation conducted by the Repatriation Medical Authority, which included an advertisement in the Government Notices Gazette and a consultation period for submissions from relevant parties. No submissions were received for consideration during the investigation. The amendment specifies the circumstances under which medical treatment and compensation can be extended to eligible persons suffering from myocarditis, thus ensuring the legislative framework reflects the latest medical-scientific developments. This technical instrument is designed to improve the quality of medico-scientific outcomes under the VEA and the MRCA.

Key Provisions

The primary operative sections of this legislation pertain to the amendment of the Statement of Principles concerning myocarditis (Balance of Probabilities) (No. 40 of 2026) under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 196B(3) of the VEA empowers the Repatriation Medical Authority (the Authority) to determine this amendment, which specifically replaces the factor concerning the 'COVID-19 mRNA vaccine' in subsection 8(16) with a new factor that must be established for myocarditis to be connected with the circumstances of eligible service on the balance of probabilities. This amendment reflects the latest sound medical-scientific evidence available since the previous determination in 2024. The commencement date for this amendment is specified in accordance with subsection 12(3) of the Legislation Act 2003. The obligations imposed by this Act primarily concern the Repatriation Medical Authority and the entities it governs. The Authority is mandated to determine the amendment based on the latest available sound medical-scientific evidence, ensuring that the criteria for connecting myocarditis with service are accurate and reflective of current knowledge. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to use this amended Statement of Principles when assessing claims for medical treatment and compensation related to myocarditis. Additionally, the Veterans' Review Board and the Administrative Appeals Tribunal must review decisions made under the amended principles, ensuring that claimants' rights are protected and that assessments are fair and based on current evidence. In terms of offences, penalties, or consequences for breach, this legislation does not explicitly outline criminal or civil penalties for non-compliance with its provisions. However, the failure to adhere to the updated medical-scientific evidence in determining or assessing claims could result in claims being denied or decisions being overturned on review, potentially leading to significant financial and health-related consequences for veterans and their families. The emphasis is on ensuring that the determinations and assessments are accurate and based on the most current and reliable evidence, rather than imposing specific penalties for non-compliance. Overall, this amendment aims to ensure that the criteria for connecting myocarditis with service are based on the latest available evidence, thereby facilitating the provision of appropriate medical treatment and compensation to eligible veterans and service members.

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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.