NOTICE OF INVESTIGATION – NEW DAILY PERSISTENT HEADACHE
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.
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 5 December 2023 and a subsequent meeting 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 20 / 11 / 2023 |
Overview
The Veterans' Entitlements Act 1986, enacted by the Commonwealth Parliament, aims to provide various benefits to veterans and their dependants. This Act was introduced to address the need for a comprehensive framework to support those who have served in the Australian Defence Force and their families. The Repatriation Medical Authority, under section 196G of the Act, has announced its intention to conduct an investigation into new daily persistent headache to determine if Statements of Principles may be warranted. This investigation seeks to uncover information about the causes, occurrences, and the extent to which new daily persistent headache may be related to war, defence service, or other service-related factors. The Authority is soliciting written submissions from various stakeholders, including veterans, organisations representing military personnel, and experts in relevant fields, to gather a broad spectrum of insights and data. The aim of this investigation is to comprehensively understand the potential connection between new daily persistent headache and military service, thereby ensuring that appropriate entitlements and support are available to affected individuals.
Scope and Application
The notice issued under section 196G of the Veterans' Entitlements Act 1986 pertains to an investigation by the Repatriation Medical Authority (the Authority) regarding new daily persistent headache. This investigation aims to determine whether Statements of Principles may be established for this condition, focusing on its potential causation or occurrence in the context of war or service-related factors. The scope of the investigation includes seeking information on how new daily persistent headache may be contracted or result in death, and its connection to war-caused, defence-caused, service injuries, service diseases, or service deaths. The Authority's investigation is open to submissions from a range of stakeholders, including eligible claimants under the Veterans' Entitlements Act, individuals eligible for compensation under the Military Rehabilitation and Compensation Act, representative organisations for veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant field expertise. Submissions must be made in writing and submitted by 23 January 2024, either electronically via the RMA website, by email, or by post. The Authority will convene for its first meeting on 5 December 2023 and a subsequent meeting on 6 February 2024 to review the submissions and gather information. The investigation is conducted under the Commonwealth jurisdiction and is not subject to any stated exclusions or exemptions in the notice.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) outlines the Repatriation Medical Authority's (the Authority) intention to investigate the potential link between new daily persistent headache and military service, specifically to determine whether Statements of Principles may be established for this condition (section 196B(4)). The Authority is seeking written submissions from various stakeholders, including those eligible for pension or compensation claims, relevant organisations, and experts in the field. These submissions are crucial for the investigation and must be submitted by 23 January 2024. The Authority's first meeting is scheduled for 5 December 2023, with a subsequent meeting on 6 February 2024.
The obligations imposed by this Act require eligible claimants, organisations, and experts to provide written submissions to the Authority. These submissions must include relevant information about how new daily persistent headache may be contracted, the potential causes of death from this condition, and its connection to military service. The Authority specifically seeks data on whether new daily persistent headache or death from it could be categorised as war-caused, defence-caused, a service injury, a service disease, or a service death. Submissions can be made electronically via the RMA website, by email, or by post, with the RMA Submission Guidelines available for reference. The Authority also provides contact details for further assistance.
Failure to comply with the submission requirements or providing misleading information may have legal consequences. The Act does not explicitly detail offences or penalties for non-compliance or misleading submissions; however, it is implied that such actions could impact the validity and outcomes of the investigation. The potential civil or criminal consequences would depend on the severity of the breach and the legal interpretation at the time of any ensuing legal action. The maximum penalties for such offences would be determined by the relevant legal provisions and the discretion of the courts.