Statement of Principles concerning cardiomyopathy No. 23 of 2007

Administered by Department of Veterans' Affairs

Legislation au F2007L00487 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 23 of 2007

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority ('the Authority'), under subsection 196B(8) of the Veterans' Entitlements Act 1986 ('the VEA') revokes Instrument No. 19 of 1998, as amended by Instrument No. 22 of 2002, determined under subsection 196B(2) of the VEA concerning cardiomyopathy and death from cardiomyopathy.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that cardiomyopathy and death from cardiomyopathy can be related to particular kinds of service.  The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 23 of 2007 concerning cardiomyopathy.  This Instrument will in effect replace the revoked Statements of Principles.

 

3.             The provisions of the Military Rehabilitation and Compensation Act 2004 ('the MRCA') relating to claims for compensation commenced on 1 July 2004.  Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.

 

4.             The Statement of Principles sets out the factors that must as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:

 

 operational service under the VEA;

 peacekeeping service under the VEA;

 hazardous service under the VEA;

 warlike service under the MRCA;

 non-warlike service under the MRCA,

 

before it can be said that a reasonable hypothesis has been raised connecting cardiomyopathy or death from cardiomyopathy, with the circumstances of that service.

 

5.             This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 March 2005 concerning cardiomyopathy in accordance with section 196G of the Act.  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.

 

6.             The contents of the new Instrument are in similar terms as the revoked Instruments.  Comparing the new and the revoked Instruments, the differences include:

 

  • adopting the latest revised Instrument format, which commenced in 2005;
  • deleting the ICD code from the Instrument header and from the definition of 'cardiomyopathy' in clause 3;
  • revising the definition of 'cardiomyopathy' in clause 3;
  • revising factor 6(b) & 6(za) concerning alcohol drinking for males;
  • revising factor 6(c) & 6(zb) concerning alcohol drinking for females;
  • revising factor 6(d) & 6(zc) concerning hypersensitivity reaction of the myocardium;
  • new factors 6(e) & 6(zd) concerning treatment with anthracycline;
  • new factors 6(f) & 6(ze) concerning treatment with chemotherapeutic agents;
  • new factors 6(g) & 6(zf) concerning treatment with chloroquine sulphate, chloroquine phosphate and hydroxychloroquine;
  • new factor 6(zg) concerning treatment with nonsteroidal anti-inflammatory drugs;
  • new factors 6(h) & 6(zh) concerning treatment with a drug from Specified List 1;
  • new factors 6(i) & 6(zi) concerning treatment with corticosteroids;
  • new factors 6(j) & 6(zj) concerning the use of cocaine, amphetamines and amphetamine derivatives;
  • new factors 6(k) & 6(zk) concerning carbon monoxide poisoning;
  • revised factors 6(l) & 6(zl) concerning HIV infection;
  • new factors 6(m) & 6(zm) concerning infection-related myocarditis;
  • new factors 6(n) & 6(zn) concerning specified endocrine disorders;
  • revised factors 6(o) & 6(zo) concerning generalised lipodystrophy;
  • new factors 6(p) & 6(zp) concerning catecholamine-secreting tumour;
  • new factors 6(q) & 6(zq) concerning specified autoimmune diseases;
  • new factors 6(r) & 6(zr) concerning infiltration of the myocardium due to a specified disorder;
  • revised factors 6(u) & 6(zu) concerning peripartum;
  • new factors 6(v) & 6(zv) concerning morbid obesity;
  • new factors 6(w) & 6(zw) concerning severe chronic renal failure;
  • new factors 6(x) & 6(zx) concerning envenomation by scorpion, spider or jellyfish;
  • new factor 6(y) concerning cardiac transplant;
  • new factors 6(z) & 6(zy) concerning selenium deficiency;
  • deleting the definitions of 'alcohol (contained within alcoholic drinks)'; 'being infected with Human Immunodeficiency Virus (HIV)'; 'coxsackie B virus'; 'coxsackie myocarditis'; 'dermatomyositis'; 'haemochromatosis';' hypothyroidism'; 'ICD code'; 'idiosycratic drug reaction'; 'Lyme disease myocarditis'; 'myocarditis'; 'phaeochromocytoma'; 'polyarteritis nodosa'; 'primary cardiomyopathy'; 'rickettsial myocarditis'; 'sarcoidosis'; 'secondary cardiomyopathy'; 'systemic lupus erythematosus'; 'systemic sclerosis'; 'thyrotoxicosis'; and 'total lipodystrophy';
  • revising definitions of;'beriberi'; and 'relevant service';
  • including new definitions of 'a drug from Specified List 1'; 'a hypersensitivity reaction of the myocardium to a drug'; 'a specified autoimmune disease'; 'a specified disorder'; 'a specified endocrine disorder'; 'a specified spider'; 'alcohol'; 'being peripartum'; 'carybdeid box jellyfish'; 'death from cardiomyopathy'; 'ICD-10-AM code'; 'iron overload'; 'selenium deficiency'; 'severe chronic renal failure'; and 'terminal event', in clause 9; and
  • specifying a date of effect for the Instrument in clause 11.

 

7.             Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.

 

8.             Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to cardiomyopathy in the Government Notices Gazette of 2 March 2005, 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, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field.  One submission was received for consideration by the Authority during the investigation.

 

9.             The determining of this new instrument finalises the investigation in relation to cardiomyopathy as advertised in the Government Notices Gazette of 2 March 2005.

 

10.         A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.

Overview

The Veterans' Entitlements Act 1986, amended by the Repatriation Medical Authority Instrument No. 23 of 2007, addresses the gap in medical-scientific evidence concerning cardiomyopathy and death from cardiomyopathy related to military service. The Repatriation Medical Authority, under the authority of the Act, revoked the previous Instrument No. 19 of 1998 and established this new Statement of Principles, effective from a specified date. The purpose of this legislation is to ensure that claims for compensation related to cardiomyopathy are assessed based on the latest medical-scientific evidence, encompassing various service types and treatment factors. The new instrument reflects updated definitions, factors, and a revised format that aligns with the Military Rehabilitation and Compensation Act 2004, ensuring that the criteria for determining liability for service-related cardiomyopathy are both comprehensive and current.

Scope and Application

The Repatriation Medical Authority Instrument No. 23 of 2007, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to the medical condition of cardiomyopathy and its association with military service. This instrument applies to veterans and their dependents, and it sets out the principles that must be met for cardiomyopathy or death from cardiomyopathy to be considered related to specific types of military service, such as operational, peacekeeping, hazardous, warlike, or non-warlike service. The Authority's determination affects claims for compensation for service injuries or diseases that manifest on or after 1 July 2004, which are now assessed by the Military Rehabilitation and Compensation Commission using these updated principles. The instrument provides a detailed set of factors and conditions that must be met for a claim to be accepted, including specific medical treatments, infections, and other health conditions that may be related to cardiomyopathy. The instrument also includes various definitions and revisions to previous terms and conditions, reflecting the latest medical evidence and legal requirements. The instrument's provisions are applicable nationally and are subject to changes through further instruments issued by the Authority.

Key Provisions

The Repatriation Medical Authority (RMA) has revoked Instrument No. 19 of 1998, which dealt with cardiomyopathy and death from cardiomyopathy, as amended by Instrument No. 22 of 2002, under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA). This revocation is pursuant to subsection 196B(2) of the VEA, and is based on the RMA's determination that there is sound medical-scientific evidence linking cardiomyopathy and death from cardiomyopathy to certain types of military service. The RMA has therefore issued a new Statement of Principles, Instrument No. 23 of 2007, which replaces the revoked instruments. This new instrument outlines the minimum factors that must exist to establish a reasonable hypothesis connecting cardiomyopathy or death from cardiomyopathy with particular kinds of service rendered by a person. These factors must relate to operational service, peacekeeping service, hazardous service under the VEA, warlike service, and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA). The new Statement of Principles sets out the necessary conditions that must be met to link cardiomyopathy or death from cardiomyopathy with specific types of military service. This includes detailing the service types, the medical factors involved, and the evidence required to support a claim. The RMA has adopted the latest revised Instrument format, which began in 2005, and has made several changes to the definitions and factors previously considered. These changes include revisions to the definition of cardiomyopathy, the addition of new factors related to various medical treatments and conditions, and the deletion of several previous definitions and ICD codes. The changes also clarify that the Statement of Principles applies to both the VEA and the MRCA. The obligations imposed by the new instrument on the parties involved are primarily centred around the provision of accurate and relevant medical evidence to support claims related to cardiomyopathy or death from cardiomyopathy. Claimants must demonstrate that their condition is connected to their military service by providing evidence that meets the factors outlined in the Statement of Principles. The RMA is responsible for reviewing and assessing the evidence provided to determine whether the claimant's condition is related to their service. If the evidence supports a connection, the claimant may be eligible for benefits under the relevant legislation. The RMA must also ensure that the new instrument is applied consistently and fairly in all cases. Failure to comply with the requirements of the new Statement of Principles may result in the denial of benefits or claims related to cardiomyopathy or death from cardiomyopathy. There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory notes for breach of the provisions in the new instrument. However, the RMA has the authority to investigate and take action against any misuse of the benefits system, including the imposition of fines or other penalties as appropriate. The primary consequence of non-compliance is the denial of benefits to claimants who do not meet the criteria established in the Statement of Principles.

Legal classification tags

Area of Law
Veterans' Affairs
Instrument
Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
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.