REPATRIATION MEDICAL AUTHORITY
STATEMENT OF PRINCIPLES NO. 36 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(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles concerning familial hypertrophic cardiomyopathy No. 36 of 2007.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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 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, familial hypertrophic cardiomyopathy or death from familial hypertrophic cardiomyopathy is connected 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 120B(3) VEA or subsection 339(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. 24 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. 36 of 2007, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was enacted to clarify and formalise the criteria for determining whether familial hypertrophic cardiomyopathy, a form of heart disease, can be linked to specific types of military service. This initiative addresses the gap in the legislative framework by establishing clear guidelines for assessing claims related to this condition, ensuring that claims for pension or compensation are substantiated by sound medical-scientific evidence. The policy objective is to provide certainty and fairness in the adjudication of claims, ensuring that veterans and their families receive appropriate recognition and support for service-related health issues. This instrument, finalised after an investigation and consultation with relevant stakeholders, serves as a critical tool for the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and the Administrative Appeals Tribunal in their decision-making processes.
Scope and Application
The Statement of Principles No. 36 of 2007, issued by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to familial hypertrophic cardiomyopathy and its relation to service in the Australian Defence Force. This Statement of Principles outlines the medical and service-related factors necessary to establish a connection between familial hypertrophic cardiomyopathy or death from the condition and specific kinds of military service, including eligible war service, defence service, and peacetime service. The legislation applies to veterans and current or former service members who seek pension or compensation for conditions related to their military service. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, and Administrative Appeals Tribunal cannot accept claims for pension or compensation concerning this condition unless they are in accordance with this Statement of Principles, particularly for claims lodged after 1 June 1994 under the VEA or 1 July 2004 under the MRCA. The Authority’s determination follows an investigation into the medical evidence and involves consultation with relevant organisations and experts, ensuring a thorough review of the available evidence.
Key Provisions
The Statement of Principles No. 36 of 2007, issued by the Repatriation Medical Authority (the Authority), addresses the connection between familial hypertrophic cardiomyopathy and certain types of military service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). The primary purpose of this statement, as outlined in section 4, is to establish the criteria that must be met to link familial hypertrophic cardiomyopathy or death from this condition to eligible war service, defence service, or peacetime service. According to the Authority, there is a more than probable connection between familial hypertrophic cardiomyopathy and the specified types of service.
Under the provisions of the VEA and MRCA, claims for pension or compensation related to familial hypertrophic cardiomyopathy or death from this condition must be supported by the criteria set forth in this Statement of Principles. Specifically, section 5 states that claims filed after 1 June 1994 for the VEA and 1 July 2004 for the MRCA cannot be accepted by the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal unless the claim aligns with the criteria established in this Statement of Principles.
The Statement of Principles imposes clear obligations on claimants and the relevant authorities. Claimants must provide evidence that meets the criteria specified in the statement to substantiate their claims for pension or compensation. The authorities responsible for adjudicating these claims are obligated to consider the Statement of Principles when assessing the validity of a claim. The Authority's determination is based on sound medical-scientific evidence, and it is these factors that must be related to the service rendered by the claimant.
In terms of consequences for non-compliance or breach, the legislation does not explicitly outline specific offences, penalties, or consequences for failing to adhere to the criteria set forth in the Statement of Principles. However, the invalidity of claims not supported by the statement would naturally lead to their rejection. Therefore, claimants who do not meet the criteria outlined in the Statement of Principles would be unable to proceed with their claims for pension or compensation under the VEA or MRCA, respectively.