DECLARATION UNDER SUBSECTION 196B(9)
OF THE VETERANS’ ENTITLEMENTS ACT 1986
The Repatriation Medical Authority (the Authority), under subsection 196B(9) of the Veterans’ Entitlements Act 1986 (the Act), makes the following declaration in respect of the review of the contents of the Statements of Principles in force under the Act concerning migraine, Instrument Nos. 56 and 57 of 2009.
The investigation related to "anxiety disorder, depressive disorder and posttraumatic stress disorder". The Notice of Investigation was published in the Government Notices Gazette of 1 July 2014.
The Authority declares that it does not propose to amend Statements of Principles, Instrument Nos. 56 and 57 of 2009, concerning migraine for the reason that the new sound medical-scientific evidence available is not sufficient to justify an amendment to the Statements of Principles already determined in respect of migraine.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 27 / 02 / 2015
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a comprehensive framework for the entitlements of veterans and their dependants, ensuring they receive appropriate support and compensation for service-related injuries and illnesses. One of the critical functions of the VEA is to review and amend the Statements of Principles concerning various medical conditions, which determine the eligibility of veterans for specific benefits. The Repatriation Medical Authority, acting under subsection 196B(9) of the VEA, is responsible for making declarations regarding the review of these Statements of Principles. In this instance, the Authority has determined not to amend the Statements of Principles concerning migraine, Instrument Nos. 56 and 57 of 2009, due to insufficient new medical-scientific evidence to warrant a change. This declaration highlights the Authority's role in ensuring that the conditions for eligibility remain grounded in robust and current scientific understanding, thereby maintaining the integrity and fairness of the benefits system for veterans.
Scope and Application
The Veterans’ Entitlements Act 1986 applies to veterans and their dependants who are eligible for veterans’ entitlements, including medical benefits and pensions. This legislation governs the provision of healthcare and financial support to individuals who have served in the Australian Defence Force. The Act applies nationally, providing a consistent framework across all states and territories for the administration of veterans’ benefits. The scope of the Act includes the review and amendment of Statements of Principles, which are used to determine the conditions that are accepted as being related to service in the defence force. These Statements are reviewed periodically to incorporate new medical-scientific evidence. The declaration under subsection 196B(9) specifically addresses the review of Statements of Principles concerning migraine and related disorders, indicating that no amendments are proposed based on the current evidence. The jurisdictional reach of this declaration is governed by the overarching provisions of the Veterans’ Entitlements Act 1986, and any subordinate instruments or regulations would extend or refine the application of this specific declaration.
Key Provisions
The Veterans’ Entitlements Act 1986 (the Act) has provisions that allow the Repatriation Medical Authority (the Authority) to review Statements of Principles, which are key documents that define the conditions considered to be war-related for the purposes of providing veterans' benefits. Under subsection 196B(9) (1), the Authority conducted an investigation into the Statements of Principles concerning migraine, specifically Instrument Nos. 56 and 57 of 2009, and other related conditions such as anxiety disorder, depressive disorder, and posttraumatic stress disorder. The Notice of Investigation was published on 1 July 2014 in the Government Notices Gazette (2). Following this investigation, the Authority has made a declaration that it does not propose to amend the existing Statements of Principles concerning migraine, as the new medical-scientific evidence available does not sufficiently justify such an amendment (3).
Under the Act, the Authority is tasked with ensuring that the Statements of Principles accurately reflect the current medical understanding of conditions that may be related to military service. This involves reviewing the evidence and consulting with relevant medical experts to determine whether changes are warranted. The Authority must consider all relevant and reliable medical evidence when making its decision. The declaration that no amendments are proposed signifies that the current Statements of Principles will remain in effect, and veterans will continue to receive entitlements based on the existing criteria for migraine and related conditions (4).
The obligations imposed on the Authority include conducting thorough investigations into the medical evidence, consulting with appropriate experts, and making a reasoned declaration based on the findings. The Authority must ensure that its decisions are transparent and based on sound medical-scientific evidence. In this case, the Authority's declaration that no amendments are proposed means that it has determined, after careful consideration, that the existing Statements of Principles remain appropriate (5).
There are no specific offences or penalties outlined in the Act for the Authority's decision-making process regarding the Statements of Principles. However, the Authority's decisions must comply with the provisions of the Act and be based on sound evidence. Failure to adhere to these requirements could potentially lead to legal challenges or reviews by the courts. The Authority's declaration, signed by the Chairperson Professor Nicholas Saunders AO on 27 February 2015, formalises the decision not to amend the Statements of Principles concerning migraine and related conditions (6).