NOTICE OF INVESTIGATION
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, pursuant to subsection 196B(7A) of the VEA, as there are grounds for such a review it intends to carry out an investigation in respect of the following:
- anxiety disorder;
- depressive disorder; and
- posttraumatic stress disorder,
as factors in migraine.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 56 & 57 of 2009 concerning migraine.
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 Veterans' Entitlements Act 1986;
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 in February 2015.
Persons and organisations wishing to make a submission should obtain a copy of the RMA Submission Guidelines from the RMA website [www.rma.gov.au] or by contacting the RMA Secretariat at the address or telephone number below.
All submissions must be in writing and received by the Authority at the address below no later than 30 January 2015.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 20/ 06 /2014
Overview
The Repatriation Medical Authority (the Authority), pursuant to section 196G of the Veterans' Entitlements Act 1986 (VEA), has issued a notice of investigation regarding anxiety disorder, depressive disorder, and posttraumatic stress disorder as factors in migraine, in the context of Statements of Principles Instrument Nos. 56 & 57 of 2009. This investigation was initiated to address a gap in the current understanding of how these mental health conditions may be linked to migraine, particularly for veterans and other eligible claimants under the VEA and the Military Rehabilitation and Compensation Act 2004. The Authority, which operates under the auspices of the Commonwealth of Australia, aims to ensure that the review process is thorough and considers relevant expertise and stakeholder input. Persons and organisations eligible to submit written submissions, including those with relevant expertise or representing affected groups, are invited to contribute to this investigation. Submissions must be received by the Authority no later than 30 January 2015, following the guidelines available on the RMA website or by contacting the RMA Secretariat directly.
Scope and Application
The Repatriation Medical Authority (RMA) under section 196G of the Veterans' Entitlements Act 1986 (VEA) is conducting an investigation into anxiety disorder, depressive disorder, and posttraumatic stress disorder as factors in migraine, in relation to Statements of Principles Instrument Nos. 56 & 57 of 2009 concerning migraine. This investigation is aimed at comprehensively reviewing the impact of these psychological conditions on veterans' health, specifically focusing on migraine. The RMA has invited submissions from various stakeholders, including individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependents, the Repatriation Commission or Military Rehabilitation and Compensation Commission, and experts in relevant fields. The investigation's scope extends to gathering written submissions from these interested parties, with a deadline of 30 January 2015. The RMA's first meeting for this investigation is scheduled for February 2015. This investigation underscores the RMA's commitment to ensuring that the health claims of veterans, particularly those involving complex medical conditions like migraine, are thoroughly assessed and appropriately addressed.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides a framework for the Repatriation Medical Authority (the Authority) to conduct an investigation into certain health conditions affecting veterans. Specifically, the Authority intends to investigate anxiety disorder, depressive disorder, and posttraumatic stress disorder as factors in migraine. This investigation will be conducted in the context of the Statements of Principles Instrument Nos. 56 & 57 of 2009 concerning migraine. The Authority seeks written submissions from eligible individuals and organisations, including those who can claim pension or compensation, relevant commissions, and experts in the field. Submissions must be submitted in writing by 30 January 2015.
The obligations under this Act require eligible individuals and organisations to submit written statements regarding the investigation. This includes persons who are eligible to make claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or related groups, and experts in relevant fields. Submissions must be made in accordance with the RMA Submission Guidelines, which can be obtained from the RMA website or by contacting the RMA Secretariat. The Authority will convene its first meeting for this investigation in February 2015, providing a structured timeline for the process.
The Act does not explicitly detail the consequences of failing to meet the submission requirements. However, it is reasonable to infer that not complying with the submission guidelines and deadline could result in the exclusion of relevant input, potentially affecting the thoroughness and fairness of the investigation. While the Act does not outline specific penalties for non-compliance, the impact on the investigation's integrity could be considered an indirect consequence.
The Act also does not specify criminal or civil penalties for failing to comply with the submission requirements. However, the exclusion of important submissions due to non-compliance could be viewed as a breach of the process, potentially leading to legal challenges or complaints about the investigation's fairness and completeness. The lack of explicit penalties in the Act may imply that the consequences are more procedural, focusing on the impact on the investigation's outcome rather than direct legal sanctions.