Statement of Principles concerning pericarditis (Balance of Probabilities) (No. 91 of 2023)

made under subsection 196B(3) of the

Veterans’ Entitlements Act 1986

Compilation No. 1

Compilation date: 25 May 2026

Includes amendments: Amendment Statement of Principles concerning pericarditis (Balance of Probabilities) (No.39 of 2026) (F2026L00468)

About this compilation

This compilation

This is a compilation of the Statement of Principles concerning pericarditis (Balance of Probabilities) (No. 91 of 2023) that shows the text of the law as amended and in force on 25 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

3 Authority

4 Application

5 Definitions

6 Kind of injury, disease or death to which this Statement of Principles relates

7 Basis for determining the factors

8 Factors that must exist

9 Relationship to service

10 Factors referring to an injury or disease covered by another Statement of Principles

Schedule 1 - Dictionary

1 Definitions

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1.                Name

This is the Statement of Principles concerning pericarditis (Balance of Probabilities) (No. 91 of 2023).

1.                Authority

This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.

1.                Application

This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.

1.                Definitions

The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

1.                Kind of injury, disease or death to which this Statement of Principles relates
   1.           This Statement of Principles is about pericarditis and death from pericarditis.

Meaning of pericarditis

1.           For the purposes of this Statement of Principles, pericarditis:
   1.           means an inflammation of the pericardium; and
   2.           includes:
      1.             acute pericarditis;
      2.          chronic pericarditis;
      3.        recurrent pericarditis; and
      4.         constrictive pericarditis; and
   3.           excludes haemorrhage from pericardial injury not associated with pericardial inflammation.
2.           While pericarditis attracts ICD‑10‑AM codes I30, I31.0, I31.1, I01.0, and I09.2, in applying this Statement of Principles the meaning of pericarditis is that given in subsection (2).
3.           For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.

Death from pericarditis

1.           For the purposes of this Statement of Principles, pericarditis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's pericarditis.

Note: terminal event is defined in the Schedule 1 – Dictionary.

1.                Basis for determining the factors

On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that pericarditis and death from pericarditis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.

Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.

1.                Factors that must exist

At least one of the following factors must exist before it can be said that, on the balance of probabilities, pericarditis or death from pericarditis is connected with the circumstances of a person's relevant service:

1.           having open heart surgery within the 20 years before the clinical onset or clinical worsening of pericarditis;
2.           having a pacemaker, or defibrillator lead insertion within the 20 years before the clinical onset or clinical worsening of pericarditis;
3.           having a cardiac ablation procedure to treat cardiac dysrhythmia within the 4 weeks before the clinical onset or clinical worsening of pericarditis;
4.           having sclerosants such as talc, and tetracyclines directly introduced into the pericardial sac before the clinical onset or clinical worsening of pericarditis;
5.           having penetrating or blunt trauma to the heart within the 20 years before the clinical onset or clinical worsening of pericarditis;
6.           having electrical injury affecting the heart within the 20 years before the clinical onset or clinical worsening of pericarditis;
7.           having a peptic ulcer that erodes the pericardium at the time of the clinical onset or clinical worsening of pericarditis;
8.           undergoing a course of therapeutic radiation for cancer, where the heart was in the field of radiation, within the 20 years before the clinical onset or clinical worsening of pericarditis;
9.           having a pericardial infection at the time of the clinical onset or clinical worsening of pericarditis;
10.       having a systemic viral infection within the 4 weeks before the clinical onset or clinical worsening of pericarditis;
11.       having tuberculosis before the clinical onset or clinical worsening of pericarditis;
12.       having an infection of the structures contiguous with the pericardium at the time of the clinical onset or clinical worsening of pericarditis;

Note: Infections reported to spread to the pericardium from anatomical sites contiguous with the pericardium include empyema, and amoebic liver abscess.

1.       having myocarditis at the time of the clinical onset or clinical worsening of pericarditis;
2.       having acute rheumatic fever at the time of the clinical onset or clinical worsening of pericarditis;
3.       having one of the following vasculitides:
   1.           Behcet's disease;
   2.           eosinophilic granulomatosis with polyangiitis (Churg Straus syndrome);
   3.           giant cell (temporal) arteritis;
   4.           granulomatosis with polyangiitis (Wegener's granulomatosis);
   5.           microscopic polyangiitis;
   6.            polyarteritis nodosa; or
   7.           Takayasu's arteritis;

at the time of the clinical onset or clinical worsening of pericarditis;

1.       having one of the following systemic inflammatory diseases:
   1.           Addison disease with type 2 autoimmune polyglandular syndrome;
   2.           ankylosing spondylitis and seronegative spondyloarthropathies;
   3.           dermatomyositis;
   4.           IgG4-related disease;
   5.           inflammatory bowel disease;
   6.            mixed connective tissue disease;
   7.           polymyositis;
   8.           rheumatoid arthritis;
   9.             scleroderma (progressive systemic sclerosis);
   10.             Sjögren's syndrome; or
   11.           systemic lupus erythematosus;

at the time of the clinical onset or clinical worsening of pericarditis;

1.       having a heart transplant, lung transplant, kidney transplant or haematopoietic cell transplant before the clinical onset or clinical worsening of pericarditis;
2.       having a myocardial infarction within the 4 weeks before the clinical onset or clinical worsening of pericarditis;
3.       having a dissection of the ascending aorta at the time of the clinical onset or clinical worsening of pericarditis;
4.       having a pulmonary infarction at the time of the clinical onset or clinical worsening of pericarditis;
5.       having pancreatitis at the time of the clinical onset or clinical worsening of pericarditis;
6.       having a benign or malignant cancer involving the pericardium at the time of the clinical onset or clinical worsening of pericarditis;
7.       having a malignant neoplasm with a paraneoplastic pericarditis at the time of the clinical onset or clinical worsening of pericarditis;
8.       having sarcoidosis or amyloidosis at the time of the clinical onset or clinical worsening of pericarditis;
9.       having acute or chronic renal failure at the time of the clinical onset or clinical worsening of pericarditis;

Note: Pericarditis can occur in patients who are undergoing haemodialysis or peritoneal dialysis. Chronic renal failure is equivalent to a stage 5 chronic kidney disease with a glomerular filtration rate <15 ml/min/1.73 m2.

1.       taking a drug from the specified list at the time of the clinical onset or clinical worsening of pericarditis;

Note: drug from the specified list is defined in the Schedule1- Dictionary.

1.       taking a drug which is associated in the individual with the development of pericarditis during drug therapy; and either:
   1.           the improvement of pericarditis within one month of discontinuing or tapering drug therapy; or
   2.           the redevelopment of pericarditis on rechallenge with the same drug; and

where taking the drug continued for at least the 7 days before the clinical onset of pericarditis;

1.       having a COVID-19 mRNA vaccine or Novavax (Nuvaxovid, NVX-CoV2373) COVID-19 vaccine within the 4 weeks before the clinical onset or clinical worsening of pericarditis;
2.       having smallpox vaccine within the 4 weeks before the clinical onset or clinical worsening of pericarditis;
3.       having asbestosis or asbestos related pleural plaques before the clinical onset or clinical worsening of pericarditis;
4.       inhaling respirable asbestos fibres in an enclosed space at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:
   1.           for a cumulative period of at least 1,500 hours before the clinical onset of pericarditis; and
   2.           where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of pericarditis;

Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.

1.       inhaling respirable asbestos fibres in an open environment at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:
   1.           for a cumulative period of at least 5,000 hours before the clinical onset of pericarditis; and
   2.           where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of pericarditis;

Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an open environment may result in exposure to respirable asbestos fibres.

1.       inability to obtain appropriate clinical management for pericarditis before the clinical worsening of pericarditis.

1.                Relationship to service
   1.           The existence in a person of any factor referred to in section 8, must be related to the relevant service rendered by the person.
   2.           The clinical worsening aspects of factors apply only to material contribution to, or aggravation of, pericarditis where the person's pericarditis was suffered or contracted before or during (but did not arise out of) the person's relevant service.
2.            Factors referring to an injury or disease covered by another Statement of Principles

In this Statement of Principles:

1.           if a factor referred to in section 8 applies in relation to a person; and
2.           that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;

then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Schedule 1 - Dictionary  

Note:  See Section 5

1               Definitions

             In this instrument:

                               drug from the specified list means:

(a)          5-fluorouracil;

(b)          amiodarone;

(c)          anthracyclines including doxorubicin, daunorubicin, idarubicin, epirubicin and mitoxantrone;

(d)          anticoagulants;

(e)          bromocriptine;

(f)           cabergoline;

(g)          clozapine;

(h)          cromolyn sodium;

(i)            cyclophosphamide;

(j)            cyclosporine;

(k)          cytarabine/cytosine arabinoside;

(l)            dantrolene;

(m)        GM-CSF/granulocyte macrophage colony stimulating factor;

(n)          hydantoins;

(o)          hydralazine;

(p)          immune checkpoint inhibitors including ipilimumab, nivolumab, pembrolizumab, atexolizumab, avelumab, dostarlimab, and durvalumab;

(q)          intravesicular BCG;

(r)           isoniazid;

(s)           mesalazine/mesalamine/5-aminosalicylic acid;

(t)            methyldopa;

(u)          methysergide;

(v)          minoxidil;

(w)        penicillins;

(x)          pergolide;

(y)          phenylbutazone;

(z)          phenytoin;

(aa)       practolol;

(bb)      procainamide;

(cc)       psicofuranine;

(dd)      reserpine;

(ee)       rifampicin;

(ff)        Streptokinase;

(gg)      streptomycin;

(hh)      sulfa drugs;

(ii)         thiazides;

(jj)         thrombolytic agents;

(kk)      tocainide;

(ll)         tryptophan;

(mm) tumour necrosis alpha antagonists; or

(nn)      tyrosine kinase inhibitors.

                             MRCA means the Military Rehabilitation and Compensation Act 2004.

                               pericarditis—see subsection 6(2).

                             relevant service means:

(a)          eligible war service (other than operational service) under the VEA;

(b)          defence service (other than hazardous service and British nuclear test defence service) under the VEA; or

(c)          peacetime service under the MRCA.

Note: MRCA and VEA are defined in the Schedule 1 - Dictionary. 

                             terminal event means the proximate or ultimate cause of death and includes the following:

(a)          pneumonia;

(b)          respiratory failure;

(c)          cardiac arrest;

(d)          circulatory failure; or

(e)          cessation of brain function.

                             VEA means the Veterans' Entitlements Act 1986.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.0

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history