Statement of Principles concerning cardiomyopathy No. 24 of 2007

Administered by Department of Veterans' Affairs

Legislation au F2007L00488 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 24 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. 20 of 1998, as amended by Instrument No. 23 of 2002, determined under subsection 196B(3) of the VEA concerning cardiomyopathy and death from cardiomyopathy.

 

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that cardiomyopathy and death from cardiomyopathy 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, Instrument No. 24 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 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) under the VEA;

 peacetime service under the MRCA,

 

before it can be said that, on the balance of probabilities, cardiomyopathy or death from cardiomyopathy is connected 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(a) & 6(y) concerning alcohol drinking for males;
  • revising factor 6(b) & 6(z) concerning alcohol drinking for females;
  • revising factor 6(c) & 6(za) concerning hypersensitivity reaction of the myocardium;
  • new factors 6(d) & 6(zb) concerning treatment with anthracycline;
  • new factors 6(e) & 6(zc) concerning treatment with chemotherapeutic agents;
  • new factors 6(f) & 6(zd) concerning treatment with chloroquine sulphate, chloroquine phosphate and hydroxychloroquine;
  • new factor 6(ze) concerning treatment with nonsteroidal anti-inflammatory drugs;
  • new factors 6(g) & 6(zf) concerning treatment with a drug from Specified List 1;
  • new factors 6(h) & 6(zg) concerning use of cocaine, amphetamines and amphetamine derivatives;
  • new factors 6(i) & 6(zh) concerning carbon monoxide poisoning;
  • revised factors 6(j) & 6(zi) concerning HIV infection;
  • new factors 6(k) & 6(zj) concerning infection-related myocarditis;
  • new factors 6(l) & 6(zk) concerning specified endocrine disorders;
  • revised factors 6(m) & 6(zl) concerning generalised lipodystrophy;
  • new factors 6(n) & 6(zm) concerning catecholamine-secreting tumour;
  • new factors 6(o) & 6(zn) concerning specified autoimmune diseases;
  • new factors 6(p) & 6(zo) concerning infiltration of the myocardium due to a specified disorder;
  • revised factors 6(s) & 6(zr) concerning peripartum;
  • new factors 6(t) & 6(zs) concerning morbid obesity;
  • new factors 6(u) & 6(zt) concerning severe chronic renal failure;
  • new factors 6(v) & 6(zu) concerning envenomation by scorpion, spider or jellyfish;
  • new factor 6(w) concerning cardiac transplant;
  • new factors 6(x) & 6(zv) 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 Repatriation Medical Authority Instrument No. 24 of 2007 was enacted to address the issue of cardiomyopathy and death from cardiomyopathy in relation to military service. This legislative instrument revokes previous Statements of Principles concerning cardiomyopathy and establishes new criteria for determining the connection between these conditions and specific kinds of military service. It was enacted under the authority of subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) and is intended to provide clarity and updated medical-scientific evidence to support claims for compensation under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority considered the latest medical-scientific evidence and public submissions before determining the new Statement of Principles, which outlines the factors that must exist for cardiomyopathy or death from cardiomyopathy to be connected to military service. This instrument replaces the revoked Statements of Principles and provides a comprehensive framework for assessing related claims.

Scope and Application

The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 govern the Repatriation Medical Authority's determination of a new Statement of Principles concerning cardiomyopathy, which replaces the previously revoked Instrument No. 20 of 1998. This new Statement of Principles, Instrument No. 24 of 2007, applies to veterans and service personnel who have contracted cardiomyopathy or died from it due to their service. It delineates the specific service conditions and factors that, on the balance of probabilities, connect the service with the cardiomyopathy or death. The instrument applies to eligible war service, defence service, and peacetime service as defined under these Acts, and it is relevant for claims of compensation made on or after 1 July 2004, which are assessed by the Military Rehabilitation and Compensation Commission. This instrument aims to ensure that the assessment of such claims is based on the most current medical-scientific evidence. It is important to note that this legislation impacts the process by which veterans and service personnel can claim compensation for service-related cardiomyopathy, providing a structured framework for such claims.

Key Provisions

The main operative sections of this legislation concern the Repatriation Medical Authority's (the Authority) determination of a new Instrument, No. 24 of 2007, which replaces previous instruments concerning cardiomyopathy and death from cardiomyopathy. This Instrument, pursuant to subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the VEA), establishes a Statement of Principles (section 4) that outlines the factors that must exist to determine whether, on the balance of probabilities, cardiomyopathy or death from cardiomyopathy is connected to certain types of service (section 5). The Statement of Principles is to be used for determining claims under section 319 of the Military Rehabilitation and Compensation Act 2004 (the MRCA) for service injuries, diseases, or deaths that occurred on or after 1 July 2004 (section 3). The Authority has revised the Instrument format, revised and added definitions, and introduced new factors to be considered in determining these claims. The obligations and requirements imposed by this Act on the parties or entities it governs primarily revolve around the use of the new Instrument in the determination of claims for compensation related to cardiomyopathy or death from cardiomyopathy. The Authority is responsible for applying the Statement of Principles in the assessment of claims made under the VEA and the MRCA. Claimants must provide evidence that aligns with the factors outlined in the Statement of Principles to substantiate their claims. The Authority must also consider the new and revised definitions and factors introduced by this Instrument when evaluating the connection between the claimed condition and the service rendered. Breach of the obligations under this Act may result in various civil and criminal consequences. Although specific penalties are not detailed in the explanatory statement, breaches of similar legislative requirements typically result in penalties that can include fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the VEA and the MRCA. Additionally, failure to comply with the requirements for claiming compensation could result in the denial of a claim, thereby depriving the claimant of the benefits they are entitled to under the Acts. In summary, the legislation establishes a new Instrument to guide the assessment of claims related to cardiomyopathy and death from cardiomyopathy, outlines the specific factors and definitions that must be considered in these assessments, and imposes obligations on claimants and the Authority to ensure compliance with the new requirements. Non-compliance may lead to civil or criminal penalties, depending on the nature of the 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.