REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 35 of 2007
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (‘the Authority’) has determined, under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (‘the VEA’), Statement of Principles concerning familial hypertrophic cardiomyopathy No. 35 of 2007.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that familial hypertrophic cardiomyopathy and death from familial hypertrophic cardiomyopathy can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning familial hypertrophic cardiomyopathy.
3. Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (‘the MRCA’), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or 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 familial hypertrophic cardiomyopathy or death from familial hypertrophic cardiomyopathy, with the circumstances of that service.
5. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal cannot accept any claim for pension; or a claim for liability or compensation relating to familial hypertrophic cardiomyopathy or death from familial hypertrophic cardiomyopathy that was lodged on or after 1 June 1994 in the case of VEA, or 1 July 2004 in the case of MCRA respectively, unless this Statement of Principles upholds that claim (subsection 120A(3) VEA or subsection 338(3) MRCA).
6. This new instrument results from the investigation concerning cardiomyopathy, notified by the Authority in the Government Notices Gazettes of 2 March 2005, in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence available to the Authority.
7. 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.
8. One submission was received for consideration by the Authority during the investigation.
9. The determining of this new instrument together with the new instrument for cardiomyopathy No. 23 of 2007, finalises the investigation in relation to cardiomyopathy which was advertised in the Government Notices Gazettes 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 Statement of Principles No. 35 of 2007 was enacted in 2007 under the authority of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Statement of Principles was developed to address the need for clear guidelines regarding claims of familial hypertrophic cardiomyopathy and related deaths in veterans. The Repatriation Medical Authority determined that there is sufficient medical-scientific evidence linking certain types of military service to these conditions, thus necessitating the creation of these principles to inform the assessment of related claims. This legislative instrument aims to provide a structured framework for evaluating claims by ensuring that they meet the specified criteria relating to the service rendered, as outlined in the Statement of Principles. The objective is to ensure that only those claims which are supported by the requisite medical and service-related factors are considered valid, thereby maintaining the integrity and fairness of the claims process.
Scope and Application
The Statement of Principles No. 35 of 2007, issued by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, sets out the medical criteria necessary to establish a connection between familial hypertrophic cardiomyopathy or death from this condition and specific types of service rendered by a person. This Statement applies to veterans and current or former members of the Australian Defence Force who may be seeking pension benefits under the VEA or compensation under the MRCA. The scope of the Statement includes operational, peacekeeping, and hazardous service under the VEA, and warlike and non-warlike service under the MRCA. It is important to note that any claim for pension or compensation related to familial hypertrophic cardiomyopathy lodged after 1 June 1994 under the VEA or after 1 July 2004 under the MRCA must be substantiated by this Statement to be considered. This legislative instrument does not specify exclusions or thresholds but relies on the existence of sound medical-scientific evidence to support the connection between the condition and the service rendered. The Authority’s determination extends to claims assessed by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal, ensuring consistency in the evaluation of such claims.
Key Provisions
The Repatriation Medical Authority has issued Statement of Principles No. 35 of 2007 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) concerning familial hypertrophic cardiomyopathy. This Statement of Principles (paragraph 4) outlines the specific factors that must exist to establish a connection between familial hypertrophic cardiomyopathy or death from this condition and certain types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service (paragraph 4). It is essential that these factors are related to the service circumstances for a claim to be considered valid.
The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal are mandated by law to uphold this Statement of Principles when assessing claims for pension or compensation related to familial hypertrophic cardiomyopathy or death from this condition. Any claim lodged on or after 1 June 1994 under the VEA or 1 July 2004 under the MRCA must be substantiated by this Statement of Principles (subsection 120A(3) VEA or subsection 338(3) MRCA, paragraph 5). The Authority’s determination is based on a comprehensive investigation into the medical-scientific evidence available, which was initiated and notified in the Government Notices Gazette of 2 March 2005 (paragraph 6).
The Authority's process involved publicising its intention to investigate in the Government Notices Gazette of 2 March 2005 and soliciting submissions from relevant stakeholders, including the Repatriation Commission, organisations, and individuals with expertise in the field (paragraph 7). During the investigation, the Authority received one submission, which was considered in determining the Statement of Principles (paragraph 8). The issuance of this Statement of Principles, along with the one for cardiomyopathy No. 23 of 2007, concludes the investigation into cardiomyopathy that was announced in the Government Notices Gazettes of 2 March 2005 (paragraph 9).
In terms of legal consequences, failure to adhere to the provisions of this Statement of Principles when making claims for pension or compensation can result in those claims being rejected by the relevant authorities (subsection 120A(3) VEA or subsection 338(3) MRCA, paragraph 5). The exact penalties or consequences for non-compliance are not explicitly detailed in the provided text, but it is clear that adherence to the Statement of Principles is mandatory for any claim to be valid.