NOTICE OF INVESTIGATION – ASTHMA – HAVING A SENSITISING EXPOSURE TO AN ALLERGEN
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 having a sensitising exposure to an allergen as a factor in asthma.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 31 & 32 of 2021 concerning asthma.
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 7 June 2022.
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 20 May 2022.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 29 / 4 / 2022 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted by the Commonwealth Parliament to provide a comprehensive framework for the entitlements of Australian Defence Force (ADF) veterans. One of the gaps it was introduced to address was the need to investigate the relationship between sensitising exposure to allergens and asthma in the context of veterans' health. To this end, the Repatriation Medical Authority (the Authority), pursuant to section 196G of the VEA, intends to carry out an investigation concerning having a sensitising exposure to an allergen as a factor in asthma. This investigation will be conducted in the context of Statements of Principles Instrument Nos. 31 & 32 of 2021 concerning asthma. The Authority has invited written submissions from eligible claimants, relevant organisations, and experts to provide comprehensive insights and evidence into this matter, with a submission deadline of 20 May 2022. The Authority's first meeting for this investigation is scheduled for 7 June 2022, and submissions can be lodged electronically, by email, or by post as per the RMA website guidelines.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 intends to conduct an investigation into the potential role of sensitising exposure to an allergen as a factor in asthma, particularly within the context of Statements of Principles Instrument Nos. 31 and 32 of 2021. This investigation is directed towards a specific group of stakeholders, including individuals eligible for a pension under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing various groups such as veterans and their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The Authority has extended an invitation to these specified entities and individuals to submit written contributions to the investigation, with the deadline for submissions set for 20 May 2022. Submissions can be lodged electronically via the RMA website, by email, or by post, with guidelines and further assistance available through the RMA Secretariat.
The scope of this investigation is confined to the factors outlined in the Statements of Principles Instrument Nos. 31 and 32 of 2021 and does not explicitly extend to other causes or types of asthma not directly related to sensitising exposure to allergens. The Authority's investigation is a Commonwealth initiative, with its reach extending to those entities and individuals specifically mentioned within the scope of the VEA and the MRCA. The Authority may further refine or expand the investigation through subordinate instruments, although no such extensions or restrictions are detailed in the provided notice.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) sets forth the Repatriation Medical Authority's (the Authority) intention to investigate the role of sensitising exposure to an allergen in the development of asthma, particularly in the context of Statements of Principles Instrument Nos. 31 & 32 of 2021 (subsection 196B(7A)). This investigation seeks to understand the link between allergen exposure and asthma among veterans and other eligible persons, aiming to inform any necessary adjustments to entitlements and benefits under the VEA. The Authority is soliciting written submissions from various stakeholders, including those eligible for pensions or compensation, organisations representing veterans and related groups, relevant government commissions, and experts in fields pertinent to the investigation (section 196G).
Parties and entities governed by the VEA, including eligible claimants, organisations representing veterans, and experts, are obligated to provide written submissions by 20 May 2022, as per the notice (section 196G). Submissions should be lodged electronically via the RMA website, by email, or by post, following the RMA Submission Guidelines. The Authority's first meeting for this investigation is scheduled for 7 June 2022. This process ensures that the Authority receives comprehensive input from all relevant parties, enabling a thorough and balanced investigation.
The notice does not explicitly outline specific offences or penalties for non-compliance with the submission requirements. However, the failure to provide required submissions or cooperate with the investigation might indirectly affect the outcomes of entitlements or compensation claims under the VEA. The VEA does not specify particular penalties for non-compliance with the notice, but any significant disregard for the investigation process could potentially impact the eligibility or assessment of claims for benefits.
Overall, the key provisions of section 196G of the VEA are designed to facilitate a comprehensive investigation into the role of allergen exposure in asthma, particularly for veterans and related groups. The obligations placed on eligible parties and organisations are clear, with a submission deadline of 20 May 2022. While specific penalties for non-compliance are not detailed in the notice, adherence to the process is crucial for the accurate assessment of entitlements and benefits.