NOTICE OF INVESTIGATION – NEW DAILY PERSISTENT HEADACHE – 22 NOVEMBER 2023
Section 196G of the
Veterans' Entitlements Act 1986
The Repatriation Medical Authority (the Authority) gives notice under section 196G of the Veterans' Entitlements Act 1986 (the VEA) that it intends to carry out an investigation pursuant to subsection 196B(4) of the VEA to find out whether Statements of Principles may be determined in respect of new daily persistent headache.
This notice of investigation revokes the Gazette notice registered on 22/11/2023; C2023G01214, Notice of Investigation – New Daily Persistent Headache.
The Authority invites the following persons and organisations to make written submissions to the Authority in respect of the investigation:
a person eligible to make a claim for pension under Part II or Part IV of the VEA;
a person eligible to make a claim for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 (the MRCA);
an organisation representing veterans, Australian mariners, members of the Forces, members of the Peacekeeping Forces, members within the meaning of the MRCA, or their dependants;
the Repatriation Commission or the Military Rehabilitation and Compensation Commission; and
a person having expertise in a field relevant to the investigation.
The Authority will hold its first meeting for the purposes of this investigation on 6 February 2024.
Under the VEA, the Authority is required to find out whether there is information available about how new daily persistent headache may be suffered or contracted, or death from new daily persistent headache may occur, and the extent to which new daily persistent headache or death from new daily persistent headache may be war-caused, defence-caused, a service injury, a service disease or a service death. Persons and organisations wishing to make a submission can use the RMA website http://www.rma.gov.au/investigations/ to electronically lodge the submission and supporting information. Alternatively, submissions can be sent by email to info@rma.gov.au or posted to the address below. The RMA Submission Guidelines are available online for guidance. The RMA Secretariat may be contacted at the address, telephone number or email address below for further assistance.
All submissions must be in writing and received by the Authority no later than 23 January 2024.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 22 / 11 / 2023 |
Overview
The Repatriation Medical Authority (the Authority), under section 196G of the Veterans' Entitlements Act 1986 (VEA), has issued a notice of investigation into new daily persistent headache, revoking the previous notice dated 22 November 2023. The Authority seeks to determine whether Statements of Principles may be established regarding this condition. This investigation is driven by the need to explore potential connections between new daily persistent headache and war-related or defence-related causes, including whether it may be considered a service injury, disease, or death. The Authority invites submissions from relevant stakeholders, including veterans, organisations representing veterans, the Repatriation Commission, experts in relevant fields, and others who may provide valuable insights. Submissions are to be made in writing and received by the Authority no later than 23 January 2024, with options for electronic, email, or postal submission. This initiative aims to gather comprehensive information to inform the Authority’s findings and potential policy adjustments in support of affected veterans.
Scope and Application
The Repatriation Medical Authority (the Authority) has issued a notice of investigation concerning new daily persistent headache, under section 196G of the Veterans' Entitlements Act 1986. The investigation aims to ascertain whether Statements of Principles may be determined in relation to this condition, revoking a previous notice published on 22 November 2023. The Authority invites submissions from various stakeholders, including individuals eligible for claims under the Veterans' Entitlements Act or the Military Rehabilitation and Compensation Act, organisations representing veterans and their dependants, and experts in relevant fields. The Authority will convene its first meeting on 6 February 2024, and written submissions must be received by 23 January 2024. This notice extends to the Commonwealth of Australia, with the investigation focusing on determining the causation and extent of new daily persistent headache in relation to military service. The notice does not specify exclusions or exemptions, and its application may be extended or restricted through subordinate instruments.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) establishes the framework for the Repatriation Medical Authority (the Authority) to conduct an investigation into whether Statements of Principles may be determined for new daily persistent headache. This notice of investigation, which revokes an earlier notice (C2023G01214), mandates that the Authority will explore the potential links between this condition and war, defence service, or service injuries, diseases, or deaths. The investigation is intended to gather information about how the condition may be suffered or contracted, and the extent to which it may be attributable to military service.
The Act imposes several obligations on various parties and entities involved in the investigation. Eligible claimants, organisations representing veterans or their dependants, and experts in relevant fields are invited to submit written evidence and supporting information by 23 January 2024. Submissions can be made electronically through the RMA website, via email, or by post. The Repatriation Commission and Military Rehabilitation and Compensation Commission are also encouraged to contribute their insights. The RMA website provides guidelines for submissions, and the RMA Secretariat is available to offer further assistance.
The VEA imposes penalties for non-compliance with the submission requirements. Submissions must be in written form and received by the Authority by the specified deadline. Failure to submit the required information by this date may result in the exclusion of the party’s input from the investigation, potentially affecting the outcome of the determination process. The Act does not explicitly outline specific penalties for non-compliance, but non-compliance may indirectly affect the parties' rights and entitlements under the VEA.
In the event of breaches of the requirements set out in the VEA, there may be civil or criminal consequences. While the Act does not detail specific penalties for breaches of the investigation process, breaches of other provisions within the VEA can result in significant penalties. For example, knowingly providing false or misleading information can result in fines and imprisonment, as stipulated in other sections of the VEA. The severity of the consequences will depend on the nature and extent of the breach, with potential maximum penalties including substantial fines and imprisonment terms as specified in relevant sections of the Act.