Amendment Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 15 of 2020)

Administered by Department of Veterans' Affairs

Legislation au F2020L00202 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

AMENDMENT Statement of Principles concerning

MIGRAINE

(REASONABLE HYPOTHESIS) (NO. 15 OF 2020)

 

VETERANS' ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

  1. This is the Explanatory Statement to the Amendment Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 15 of 2020).

Background

2.             The Repatriation Medical Authority (the Authority) has determined, under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (the VEA) Amendment Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 15 of 2020).

3.             This Instrument amends Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 7 of 2018) (Federal Register of Legislation No. F2018L00012) by:

  • replacing the definition of 'migraine' in subsection 7(2); and
  • inserting new definitions of 'chronic migraine', 'ICHD-3', 'migraine with aura', 'migraine without aura' and 'vestibular migraine' in alphabetical order in the Schedule 1 – Dictionary.

Incorporation

4.             This Instrument incorporates by reference the International Headache Society: International Classification of Headache Disorders, Third Edition.  A copy of this publication is available from the offices of the Repatriation Medical Authority, Level 8, 259 Queen St, Brisbane, Queensland 4000, by contacting the Registrar on telephone (07) 3815 9404.

Day of Commencement

5.             This Instrument also specifies a day of commencement for the amendment in accordance with subsection 12(3) of the Legislation Act 2003.

Consultation

6.             Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to migraine in the Government Notices Gazette of 3 September 2019, 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, the Military Rehabilitation and Compensation 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 in relation to the investigation.

Human Rights

7.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights follows.

Finalisation of Investigation

8.             The determining of this Instrument finalises the investigation in relation to migraine as advertised in the Government Notices Gazette of 3 September 2019.

References

9.             A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA.  Any such request must be made in writing to the Repatriation Medical Authority at the following address:

The Registrar

Repatriation Medical Authority

GPO Box 1014

BRISBANE    QLD    4001

 


Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Amendment Statement of Principles No. 15 of 2020

Kind of Injury, Disease or Death: Migraine

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(2) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).  Part XIA of the VEA requires the determination of these instruments outlining the factors connecting particular kinds of injury, disease or death with service such being determined solely on the available sound medical-scientific evidence.

2. This Legislative Instrument:-

  • amends Instrument No. 7 of 2018;
  • facilitates claimants in making, and the Repatriation Commission in assessing, claims under the VEA and the MRCA respectively, by revising the definition of migraine to to encompass the different types of migraine, including vestibular migraine, according to the International Headache Society: International Classification of Headache Disorders, Third Edition; and
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal.

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members;
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD); and
  • ensuring that those rights "will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status" (Art 2, ICESCR).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Amendment Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 15 of 2020) was enacted to refine the definitions and criteria for migraine-related claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation was introduced to address the need for a more comprehensive understanding of migraine and its various types, thereby ensuring that veterans and current or former Defence Force members receive appropriate recognition and benefits. The Repatriation Medical Authority, which is tasked with determining these principles, was the enacting body. The policy objective of this amendment is to improve the medico-scientific quality of outcomes by aligning the definitions of migraines with the International Headache Society’s International Classification of Headache Disorders, Third Edition, thereby facilitating the assessment, review, and determination of claims more effectively. This legislative instrument aims to promote human rights by ensuring the qualifying conditions for benefits are reasonable, proportionate, and transparent, facilitating the assessment and determination of social security benefits and compensation for the treatment and rehabilitation of veterans and Defence Force members. It ensures these rights are exercised without discrimination, thereby enhancing the protection and support for affected individuals.

Scope and Application

This Legislative Instrument, the Amendment Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 15 of 2020), pertains to veterans, current and former members of the Australian Defence Force, and their dependents who may have sustained a qualifying injury or disease during their service. It amends the Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 7 of 2018) by updating the definition of 'migraine' and adding new definitions such as 'chronic migraine', 'ICHD-3', 'migraine with aura', 'migraine without aura', and 'vestibular migraine'. The changes are made to align with the International Headache Society: International Classification of Headache Disorders, Third Edition, facilitating more accurate claims and assessments under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The instrument does not set any exclusions, exemptions, or thresholds; however, it is compatible with human rights, promoting rights to social security, adequate living standards, and health, without discrimination. The instrument's scope is national, affecting all relevant persons and entities within Australia, and its application is final, concluding the investigation into migraine as advertised.

Key Provisions

The key provisions of this legislative instrument (Amendment Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 15 of 2020)) primarily involve amending the definition of 'migraine' in the existing Statement of Principles concerning migraine (Reasonable Hypothesis) (No. 7 of 2018) under subsections 196B(2) and (8) of the Veterans' Entitlements Act 1986 (VEA) (sections 2 and 3). The amendment replaces the definition of 'migraine' and introduces new definitions for 'chronic migraine', 'ICHD-3','migraine with aura', 'migraine without aura', and 'vestibular migraine'. These new definitions aim to provide a more comprehensive understanding of migraines, facilitating both claimants and the Repatriation Commission in the assessment of claims under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 3). The instrument incorporates by reference the International Headache Society: International Classification of Headache Disorders, Third Edition, available from the Repatriation Medical Authority (section 4). The Act imposes specific obligations and requirements on various parties, including the Repatriation Medical Authority, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and claimants. The Authority is required to determine the amendment based on available sound medical-scientific evidence (section 2). The Repatriation Commission must assess claims using the revised definitions, ensuring that the assessment process is fair and accurate. Claimants, in turn, must provide comprehensive and accurate information about their condition to facilitate the assessment of their claims (sections 2 and 3). In terms of legal consequences, the legislative instrument does not introduce any new offences or penalties. However, the failure to comply with the requirements of the amended definitions could result in the denial or delay of claims. For instance, if a claimant fails to provide accurate information or if the Repatriation Commission does not adhere to the revised definitions in their assessments, it could lead to the rejection of the claim. The instrument emphasizes the importance of ensuring that the qualifying conditions for benefits are 'reasonable, proportionate, and transparent', thereby promoting the human rights of veterans and their dependents (section 4). The compatibility of this instrument with human rights is also highlighted, ensuring that the rights of veterans and Defence Force members are protected and facilitated (section 7).

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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.