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, it intends to carry out an investigation in respect of the definition of migraine.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 7 and 8 of 2018 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 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 3 December 2019.
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 18 November 2019.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 23 / 8 / 2019 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide various benefits and entitlements to veterans, including pensions and compensation, based on their service and any resulting disabilities or injuries. One of the mechanisms through which the Act operates is the Repatriation Medical Authority (the Authority), which is tasked with ensuring that veterans receive the benefits to which they are entitled. Section 196G of the Act facilitates the Authority's ability to carry out investigations into specific medical conditions, including the definition and classification of those conditions for the purposes of determining entitlements. The Authority has initiated an investigation into the definition of migraine, specifically in the context of Statements of Principles Instruments Nos. 7 and 8 of 2018. This investigation aims to ensure that the criteria for defining and recognising migraine as a service-related condition are accurate and comprehensive, thereby addressing any potential gaps or issues in the current framework. The Authority invites submissions from eligible individuals, relevant organisations, and experts to inform this investigation, with a deadline for submissions set for 18 November 2019.
Scope and Application
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) has issued a notice of investigation regarding the definition of migraine, as specified in Statements of Principles Instrument Nos. 7 and 8 of 2018. This investigation is intended to elicit written submissions from individuals and organisations eligible to make claims for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, from those representing veterans or their dependents, and from experts in relevant fields. The scope of the investigation is limited to those who can provide pertinent information or have an interest in the outcome concerning the definition of migraine. The Authority will convene its first meeting on 3 December 2019, and submissions must be submitted electronically via the RMA website, by email, or by post, and must be received by 18 November 2019. This notice does not explicitly detail jurisdictional reach, but it is implied to apply within the framework of Australian federal law, impacting veterans, their dependents, and associated entities. The notice does not mention any exclusions or exemptions and the Authority retains the flexibility to extend or restrict the investigation through subordinate instruments.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) establishes the framework for an investigation into the definition of migraine by the Repatriation Medical Authority (the Authority). The Authority's intention to investigate the definition of migraine in the context of Statements of Principles Instrument Nos. 7 and 8 of 2018 is outlined in the notice of investigation. This investigation aims to gather comprehensive insights into the medical condition, potentially impacting the entitlements and compensation for veterans who have claimed or may claim pension or compensation related to migraines. The Authority invites submissions from various stakeholders, including eligible claimants, organisations representing veterans, and experts in relevant fields. Submissions can be made electronically through the RMA website, by email, or by post, adhering to the guidelines provided by the Authority.
The obligations imposed by the Act on the parties involved are primarily focused on providing information and expert insights to aid the investigation. Eligible claimants and representatives of veterans, such as the Repatriation Commission or the Military Rehabilitation and Compensation Commission, are encouraged to contribute their experiences and knowledge. Organisations representing veterans and other relevant groups are expected to offer perspectives that reflect the needs and concerns of their members. Experts in fields pertinent to the investigation, such as neurology or occupational health, are invited to submit evidence-based insights that could influence the Authority's findings. All submissions must be submitted in writing and received by the Authority by 18 November 2019.
The notice does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with the submission requirements. However, the Authority's mandate under the VEA suggests that failure to comply with such directives could potentially impact the legitimacy and effectiveness of the investigation, thereby affecting the outcomes for claimants. The severity of any indirect consequences would depend on how the findings of the investigation are used in subsequent decisions regarding veterans' entitlements and compensation. The Authority's commitment to transparency and inclusivity in the investigation process underscores the importance of timely and relevant submissions from all invited parties.