Statement of Principles concerning myasthenia gravis No. 16 of 2007

Administered by Department of Veterans' Affairs

Legislation au F2007L00052 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 16 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. 264 of 1995 of 21 June 1995, determined under subsection 196B(3) of the VEA concerning myasthenia gravis and death from myasthenia gravis.

 

2.             The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that myasthenia gravis and death from myasthenia gravis 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. 16 of 2007 concerning myasthenia gravis.  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, myasthenia gravis or death from myasthenia gravis 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 15 June 2005 concerning myasthenia gravis 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;
  • revising the definition of 'myasthenia gravis' in clause 3;
  • new factor 6(a) concerning systemic treatment with a specified drug at the time of the clinical onset of myasthenia gravis ;
  • new factor 6(b) concerning treatment with a drug from a class of drugs relating to the clinical worsening of myasthenia gravis;
  • new factor 6(c) concerning treatment with a specified drug relating to the clinical worsening of myasthenia gravis;
  • new factor 6(d) concerning injection of iothalamic acid, diatrizoate meglumine, or diatrizoate sodium relating to the clinical worsening of myasthenia gravis;
  • new factor 6(e) concerning pregnancy relating to the clinical worsening of myasthenia gravis;
  • new factor 6(f) concerning bone marrow transplantation relating to the clinical worsening of myasthenia gravis
  • deleting the definition of 'ICD code';
  • including new definitions of "a drug from Specified List 1", "a drug from Specified List 2", "death from myasthenia gravis", "drug from a class of drugs in the Specified List", "ICD-10-AM code", "relevant service", 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 myasthenia gravis in the Government Notices Gazette of 15 June 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 myasthenia gravis as advertised in the Government Notices Gazette of 15 June 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. 16 of 2007 was enacted to address the issue of myasthenia gravis and death from myasthenia gravis, as related to particular kinds of service, as determined by sound medical-scientific evidence. This instrument was introduced under the authority of subsection 196B(3) of the Veterans’ Entitlements Act 1986, and it revokes Instrument No. 264 of 1995. The primary objective of this instrument is to set out the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, before it can be said that, on the balance of probabilities, myasthenia gravis or death from myasthenia gravis is connected with the circumstances of that service. This instrument also takes into account the provisions of the Military Rehabilitation and Compensation Act 2004, which relates to claims for compensation that commenced on 1 July 2004.

Scope and Application

The Repatriation Medical Authority Instrument No. 16 of 2007, under the Veterans' Entitlements Act 1986, has been established to address the medical condition myasthenia gravis, including death from myasthenia gravis, and its potential link to particular service circumstances. This legislation applies to individuals who have rendered eligible war service, defence service, or peacetime service as defined in the relevant Acts. The scope of the Act includes the assessment of claims for compensation concerning service injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004, with these claims being evaluated by the Military Rehabilitation and Compensation Commission based on Statements of Principles issued by the Authority. The new Statement of Principles, which replaces the previously revoked instrument, outlines the specific factors that must be present to establish a connection between myasthenia gravis or death from myasthenia gravis and the service rendered, with these factors including exposure to certain treatments or conditions during service. The Authority's determination is based on sound medical-scientific evidence, and the new instrument incorporates revisions to definitions and factors to reflect the latest evidence and legislative changes.

Key Provisions

The Repatriation Medical Authority (RMA) has issued Instrument No. 16 of 2007 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), replacing the previous Instrument No. 264 of 1995 concerning myasthenia gravis and death from myasthenia gravis (section 2). This new instrument, referred to as the Statement of Principles, sets out the conditions under which myasthenia gravis or death from myasthenia gravis can be connected with particular kinds of military service (section 4). Specifically, it addresses eligible war service, defence service, and peacetime service as defined under the VEA and MRCA. The instrument was determined following a thorough investigation and review of medical-scientific evidence (section 5), and includes updates such as revised definitions and new factors that may contribute to the onset or worsening of myasthenia gravis (section 6). The obligations under this new instrument require that claims for compensation related to myasthenia gravis or death from myasthenia gravis be assessed in accordance with the factors and conditions outlined in the Statement of Principles (section 4). For instance, eligible war service, defence service, and peacetime service must be evaluated to determine if they are connected to the onset of myasthenia gravis on the balance of probabilities. The RMA must also consider new factors such as systemic treatment with specified drugs, treatment with drugs from a class of drugs, injection of iothalamic acid, diatrizoate meglumine, or diatrizoate sodium, pregnancy, and bone marrow transplantation as potential contributors to the clinical worsening of myasthenia gravis (section 6). Any claims must be assessed against these criteria to determine eligibility for compensation. Failure to comply with the requirements set out in the Statement of Principles can result in legal consequences. Under the VEA and MRCA, there are specific offences and penalties for non-compliance with the provisions of the legislation. While the explanatory notes do not specify maximum penalties, breaches of these Acts generally attract civil or criminal penalties depending on the severity and intent of the breach. Individuals or entities that provide false or misleading information, or otherwise fail to comply with the statutory requirements, may face legal action, which could include fines or other sanctions. It is crucial for all parties involved to adhere to the provisions and requirements set forth to avoid such repercussions.

Legal classification tags

Area of Law
Veterans' Affairs
Health Law
Instrument
Instrument
Concepts
Reporting & Disclosure Obligations
Regulatory Standards
Licensing & Registration
Offence Provisions

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.