REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 56 of 2009
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 74 of 1999 determined under subsection 196B(2) of the VEA concerning migraine.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that migraine and death from migraine can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 56 of 2009 concerning migraine. This Instrument will in effect replace the revoked Statement of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
4. The Statement of Principles sets out the factors that must as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:
operational service under the VEA;
peacekeeping service under the VEA;
hazardous service under the VEA;
warlike service under the MRCA;
non-warlike service under the MRCA,
before it can be said that a reasonable hypothesis has been raised connecting migraine or death from migraine, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 August 2006 concerning migraine in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The contents of the new Instrument are in similar terms as the revoked Instrument. Comparing the new and the revoked Instruments, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of 'migraine' in clause 3;
- new factor 6(a) concerning 'treatment with glyceryl trinitrate or isosorbide mononitrate';
- revising definitions of 'ICD-10-AM code' and 'relevant service' in clause 9; and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to migraine in the Government Notices Gazette of 30 August 2006, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. Three submissions were received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to migraine as advertised in the Government Notices Gazette of 30 August 2006.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 56 of 2009 was enacted to address the relationship between migraine and military service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument revokes the previous Instrument No. 74 of 1999 concerning migraine and establishes a new Statement of Principles. The Authority's decision was based on sound medical-scientific evidence indicating a connection between migraine, death from migraine, and specific types of military service. The new instrument outlines the minimum factors that must exist for a reasonable hypothesis to be raised that migraine or death from migraine is connected to the service rendered, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The Authority undertook an investigation into the matter, inviting submissions from relevant organisations and individuals, and finalised the investigation with the determination of this new instrument. The policy objective is to ensure that veterans and their dependants who suffer from migraine or death from migraine related to their military service are appropriately recognised and compensated.
Scope and Application
The Repatriation Medical Authority Instrument No. 56 of 2009, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the conditions under which veterans and serving members of the Australian Defence Force may be granted compensation for migraines or deaths related to migraines that are deemed connected to their service. This instrument applies to individuals who have rendered operational, peacekeeping, or hazardous service under the VEA, or warlike or non-warlike service under the MRCA. The instrument establishes the necessary criteria that must be met to link migraine or death from migraine to the service rendered, and it replaces a previously revoked instrument concerning migraine. The instrument is applicable nationally, affecting all veterans and serving members across Australia who meet the specified conditions. The instrument's provisions are designed to be applied through the Military Rehabilitation and Compensation Commission when assessing claims for compensation that commenced on or after 1 July 2004. The instrument does not explicitly outline exclusions or exemptions but instead provides a framework for evaluating the connection between service and migraine through the provided Statement of Principles.
Key Provisions
The Repatriation Medical Authority (the Authority) has issued Instrument No. 56 of 2009 (the Instrument) concerning migraine, under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA). This Instrument revokes the previous Instrument No. 74 of 1999 and establishes a new Statement of Principles (section 2). The Statement of Principles outlines the factors that must exist to connect migraine or death from migraine with service under the VEA and Military Rehabilitation and Compensation Act 2004 (MRCA). The Instrument is applicable to claims for service injuries, diseases, or deaths that occurred on or after 1 July 2004 (section 3).
The Authority, under the VEA, is tasked with determining Statements of Principles concerning particular medical conditions related to service. The obligations of the Authority include conducting investigations, considering medical-scientific evidence, and consulting with relevant organisations and experts (sections 2, 5, 8). The Authority is required to advertise its intention to investigate in the Government Notices Gazette and invite submissions from interested parties (section 8). Once the investigation is complete, the Authority determines the Statement of Principles, which must be referenced in claims for compensation under the MRCA (section 3).
Breach of the provisions under the VEA and MRCA may result in civil or criminal consequences, although specific offences and penalties are not detailed in the explanatory notes. The Authority's determination of the Statement of Principles is intended to provide clarity and guidance for claimants, ensuring that they meet the necessary criteria to link their condition with their service. The Authority must ensure that its determinations are based on sound medical-scientific evidence and that the process is transparent and inclusive of all relevant stakeholders.