Statement of Principles concerning cardiac myxoma (Balance of Probabilities) (No. 84 of 2025)

Administered by Department of Veterans' Affairs

Legislation au F2025L01286 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

STATEMENT OF PRINCIPLES CONCERNING

CARDIAC MYXOMA

(BALANCE OF PROBABILITIES) (NO. 84 OF 2025)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1.              This is the Explanatory Statement to the Statement of Principles concerning cardiac myxoma (Balance of Probabilities) (No. 84 of 2025).

Background

  1.              The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), repeals Instrument No. 33 of 2017 (Federal Register of Legislation No. F2017L00465) determined under subsection 196B(3) of the VEA concerning cardiac myxoma.
  2.              The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that cardiac myxoma and death from cardiac myxoma can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(3) of the VEA a Statement of Principles concerning cardiac myxoma (Balance of Probabilities) (No. 84 of 2025).  This Instrument will in effect replace the repealed Statement of Principles.

Purpose and Operation

  1.              The Statement of Principles will be applied in determining claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
  2.              The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:

 eligible war service (other than operational service) under the VEA;

 defence service (other than hazardous service and British nuclear test defence service) under the VEA;

 peacetime service under the MRCA,

before it can be said that, on the balance of probabilities, cardiac myxoma or death from cardiac myxoma is connected with the circumstances of that service.  The Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

  1.              This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 28 April 2025 concerning cardiac myxoma in accordance with section 196G of the VEA.  The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
  2.              The contents of this Instrument are in similar terms as the repealed Instrument.  Comparing this Instrument and the repealed Instrument, the differences include:
  • specifying a day of commencement for the Instrument in section 2;
  • revising the definition of 'cardiac myxoma' in subsection 7(2);
  • revising the reference to 'ICD-10-AM code' in subsection 7(4);
  • revising the factor in subsection 9(1) concerning having a heart transplant; and
  • new factor in subsection 9(2) concerning blunt force trauma to the chest.

 

Consultation

  1.              Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to cardiac myxoma in the Government Notices Gazette of 28 April 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 cardiac myxoma as advertised in the Government Notices Gazette of 28 April 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.:   Statement of Principles No. 84 of 2025

Kind of Injury, Disease or Death: cardiac myxoma

 

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 cardiac myxoma;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • outlines the factors which the current sound medical-scientific evidence indicates must exist before it can be said that, on the balance of probabilities, cardiac myxoma is connected with the circumstances of eligible service rendered by a person, as set out in clause 5 of the Explanatory Statement;
  • replaces Instrument No. 33 of 2017; and
  • reflects developments in the available sound medical-scientific evidence concerning cardiac myxoma 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 Statement of Principles concerning Cardiac Myxoma (Balance of Probabilities) (No. 84 of 2025) was enacted by the Repatriation Medical Authority under subsection 196B(3) of the Veterans' Entitlements Act 1986. This legislative instrument addresses the problem of establishing a clear and updated connection between cardiac myxoma and particular kinds of military service, replacing the previously repealed Instrument No. 33 of 2017. The objective of this Statement of Principles is to facilitate the assessment of claims under both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, ensuring that claimants and the relevant commissions can effectively determine eligibility for medical treatment and compensation based on the most recent medical-scientific evidence. The Statement outlines the specific factors that must exist for a claim to be considered valid, thereby providing a transparent and medically-grounded framework for decision-making in this area. This instrument, which reflects advancements in medical understanding since the previous version, ensures that the determination of claims related to cardiac myxoma is consistent with the human rights recognised in international instruments, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. It also ensures that these rights are exercised without discrimination, promoting equitable treatment for all eligible claimants. The Authority's decision to replace the outdated instrument with this new Statement of Principles underscores its commitment to upholding the rights and well-being of veterans and current and former Defence Force members.

Scope and Application

The Statement of Principles concerning cardiac myxoma (Balance of Probabilities) (No. 84 of 2025) is determined under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA) and applies to claims under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). It applies to eligible persons who have developed cardiac myxoma, which is a rare heart tumour, and who have rendered eligible war service (other than operational service), defence service (other than hazardous service and British nuclear test defence service), or peacetime service. This Statement of Principles outlines the factors that must exist, and which of those factors must be related to the service rendered, before it can be said that, on the balance of probabilities, cardiac myxoma or death from cardiac myxoma is connected with the circumstances of that service. The instrument replaces the previously repealed Statement of Principles No. 33 of 2017 and incorporates recent developments in medical-scientific evidence concerning cardiac myxoma. It specifies that the instrument is compatible with human rights and does not derogate from any human rights, promoting the rights of veterans and Defence Force members to social security, an adequate standard of living, and the highest attainable standard of physical and mental health. The Statement of Principles provides a framework for assessing claims and ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thus facilitating the review of such decisions by relevant authorities. It also ensures that these rights are exercised without discrimination, as per the International Covenant on Economic, Social and Cultural Rights. The Repatriation Medical Authority finalised this instrument following an investigation into cardiac myxoma, which was notified in the Government Notices Gazette of 28 April 2025, and after considering available sound medical-scientific evidence. The Authority did not receive any submissions during the consultation process but has made the contents of this instrument available on its website and through direct request.

Key Provisions

The Statement of Principles concerning cardiac myxoma (Balance of Probabilities) (No. 84 of 2025), as detailed in the Explanatory Statement, is a legislative instrument established under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The primary purpose of this instrument is to outline the circumstances in which cardiac myxoma, a type of heart tumour, and death from cardiac myxoma can be considered connected to service rendered by eligible persons, thereby facilitating the assessment and determination of claims for compensation and medical treatment under these Acts (sections 1 and 2). This Statement of Principles supersedes Instrument No. 33 of 2017 and incorporates updated medical-scientific evidence to better reflect current understandings of the condition. The Statement of Principles specifies the factors that must exist and be related to particular kinds of service, including eligible war service, defence service, and peacetime service, to determine a connection between cardiac myxoma and service circumstances on the balance of probabilities. These factors are detailed in section 5 of the Explanatory Statement and are intended to guide claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission in the assessment and review of claims. The Statement of Principles also includes a revised definition of 'cardiac myxoma', new considerations regarding heart transplants, and a new factor concerning blunt force trauma to the chest, reflecting the most recent medical-scientific evidence. The obligations imposed by this Statement of Principles on the parties it governs, including claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission, are to adhere to the outlined factors and circumstances when assessing and determining claims related to cardiac myxoma. Claimants must provide evidence that aligns with the factors specified in the Statement of Principles, while the Commissions are required to assess claims based on the sound medical-scientific evidence provided and the criteria set out in the Statement. This ensures a consistent and evidence-based approach to the assessment and determination of claims. In terms of consequences for breach, the Statement of Principles itself does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, the underlying Acts, the VEA and the MRCA, provide a framework for handling non-compliance and breaches. Under these Acts, providing false or misleading information in claims can result in civil or criminal penalties, including fines and imprisonment, depending on the severity and intent behind the breach. The precise penalties are determined in accordance with the relevant provisions of the VEA and MRCA, which establish the legal consequences for making false statements or providing misleading information in the context of claims for compensation and medical treatment.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Act
Concepts
Definitions & Interpretation
Human Rights Law
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.