Statement of Principles concerning tension-type headache No. 1 of 2010

Administered by Department of Veterans' Affairs

Legislation au F2010L00003 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 1 of 2010

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 76 of 1999, determined under subsection 196B(2) of the VEA concerning tension-type headache.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that tension-type headache and death from tension-type headache 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. 1 of 2010 concerning tension-type headache.  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 tension-type headache or death from tension-type headache, 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 April 2008 concerning tension-type headache 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 'tension-type headache' in clause 3;
  • new factor 6(a) concerning frequent tension-type headache in migraine and cluster headache sufferers and taking a drug or a combination of drugs;
  • new factor 6(b) concerning taking a drug or a combination of drugs;
  • new factor 6(c) concerning undergoing treatment with glyceryl trinitrate or isosorbide mononitrate;
  • new definitions of "a drug or a combination of drugs, as specified in list 1", "a drug or a combination of drugs, as specified in list 2", "a triptan", "combination analgesic medication", and "frequent tension-type headache", in clause 9;
  • 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 tension-type headache in the Government Notices Gazette of 30 April 2008, 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.  One submission was received for consideration by the Authority during the investigation.

 

9.             The determining of this new instrument finalises the investigation in relation to tension-type headache as advertised in the Government Notices Gazette of 30 April 2008.

 

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. 1 of 2010, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was enacted to address the issue of claims related to tension-type headaches in veterans and service personnel. This instrument was introduced to update and replace the previously revoked Instrument No. 76 of 1999, reflecting the latest medical-scientific evidence regarding the relationship between tension-type headaches and certain kinds of military service. The Authority's objective was to establish a new Statement of Principles concerning tension-type headaches, facilitating the determination of compensation claims for veterans and service personnel who have experienced or died from tension-type headaches related to their service. The instrument aims to clarify the minimum conditions that must be met to establish a connection between the condition and the service rendered, thereby ensuring fair and informed decisions regarding claims for compensation.

Scope and Application

The Repatriation Medical Authority Instrument No. 1 of 2010, which concerns tension-type headache, applies to veterans and service personnel who may have developed tension-type headaches or died from such headaches as a result of their service under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. This includes those who have served in operational, peacekeeping, or hazardous service under the VEA and warlike or non-warlike service under the MRCA. The Instrument outlines the factors necessary to establish a connection between the veteran's service and the condition, ensuring that any claim for compensation is assessed based on these criteria. The Instrument's application extends to all relevant veterans and service personnel in Australia, with claims for compensation assessed by the Military Rehabilitation and Compensation Commission in accordance with the Statement of Principles. While the Instrument does not specify exclusions, it does set out the conditions that must be met to link the service to the tension-type headache, thereby determining eligibility for compensation. The Authority may also extend or modify the application of this Instrument through subordinate instruments as necessary.

Key Provisions

The key provisions of the Repatriation Medical Authority Instrument No. 1 of 2010 revolve around the determination of a new Statement of Principles concerning tension-type headache (sections 1 and 3). This Instrument, issued under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA), effectively replaces the previously revoked Instrument No. 76 of 1999. The new Statement of Principles outlines the medical-scientific evidence supporting the connection between tension-type headache and specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service (section 4). The Instrument specifies the factors that must exist and be related to the service for a reasonable hypothesis to be raised linking tension-type headache or death from tension-type headache with the circumstances of the service. The Act imposes specific obligations on the parties involved. The Repatriation Medical Authority is tasked with determining the Statement of Principles, which are based on sound medical-scientific evidence. The Authority must consider submissions from relevant organisations and individuals, including the Repatriation Commission and any person with expertise in the field (sections 8 and 9). Furthermore, the Military Rehabilitation and Compensation Commission must determine claims for compensation, particularly those related to service injuries, diseases, or deaths occurring on or after 1 July 2004, by referencing these Statements of Principles (section 3). Breaches of the provisions outlined in this Instrument can lead to various consequences. While specific offences and penalties are not detailed in the explanatory notes, the determination of the Statement of Principles and the process for determining compensation claims are critical. Failure to comply with the requirements set forth in the Instrument, particularly by not adhering to the medical-scientific evidence or the stipulated service factors, could result in legal challenges or disputes over the validity of compensation claims. The penalties or consequences for non-compliance are not explicitly stated but could involve civil or administrative actions to enforce the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).

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