NOTICE OF INVESTIGATION
Subsection 196B(7A) of the
Veterans' Entitlements Act 1986
The Repatriation Medical Authority (the Authority) gives notice that it intends to carry out an investigation under subsection 196B(7A) of the Veterans' Entitlements Act 1986 (the VEA) in respect of chronic lymphoid leukaemia as directed by the Specialist Medical Review Council (the SMRC) in Declaration No. 22 which was made under section 196W of the VEA and published in the Government Notices Gazette of 26 November 2013.
The investigation will review the following matters:
a. the classification and naming of haematopoietic cancers, in particular chronic lymphoid leukaemia, chronic lymphocytic leukaemia, small lymphocytic lymphoma and non-Hodgkin's lymphoma; and
b. whether there is sound medical-scientific evidence to justify the inclusion of 'non-ionising radiation', 'benzene', 'herbicides, pesticides and dioxin (separately or in combination)', 'asbestos', 'other aromatic hydrocarbons' and 'AV gas and associated chemicals in relation to aircraft fuel tank de-seal and reseal activities' as a factor or factors in Statements of Principles Instrument Nos. 9 and 10 of 2005, concerning chronic lymphoid leukaemia.
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 Veterans' Entitlements Act 1986;
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 18 February 2014.
Under the VEA, the Authority is required to find out whether there is new information available about how chronic lymphoid leukaemia may be suffered or contracted, or death from chronic lymphoid leukaemia may occur, and the extent to which chronic lymphoid leukaemia or death from chronic lymphoid leukaemia may be war-caused, defence-caused, a service injury, a service disease or a service death. Persons and organisations wishing to make a submission should obtain a copy of the RMA Submission Guidelines from the RMA website [www.rma.gov.au] or by contacting the RMA Secretariat at the address or telephone number below.
All submissions must be in writing and received by the Authority at the address below no later than 3 February 2014.
It should also be noted that this investigation will be conducted in conjunction with the investigation under subsection 196B(7) of the VEA to review the contents of Statements of Principles Instrument Nos. 9 & 10 of 2005 concerning chronic lymphoid leukaemia advertised by the Authority in the Australian Government Notices Gazette of 3 November 2010.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 13/12/2013
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to address the need for a comprehensive framework governing the entitlements of veterans, including pensions and compensation for service-related injuries or diseases. The Act was developed by the Parliament of Australia to ensure that veterans and their families are provided with appropriate support and recognition for their service. This notice of investigation, published under the VEA, was issued by the Repatriation Medical Authority (the Authority) and is directed by the Specialist Medical Review Council (the SMRC). The investigation aims to review the classification and naming of certain haematopoietic cancers, specifically chronic lymphoid leukaemia, and to assess whether there is sufficient medical-scientific evidence to include various factors such as non-ionising radiation and herbicides as contributors to these conditions. The Authority invites relevant stakeholders to submit written submissions to aid in this investigation, which will commence on 18 February 2014. The overarching policy objective is to ensure that veterans receive fair and informed assessment of their entitlements related to chronic lymphoid leukaemia.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) applies to individuals who are eligible to make a claim for pension under Part II or Part IV of the VEA, as well as to those eligible to make a claim for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004. The Act extends to the Repatriation Commission or the Military Rehabilitation and Compensation Commission, organisations representing veterans and their dependants, and persons with relevant expertise. The geographic scope of the Act is national, as it is a Commonwealth legislation. The Repatriation Medical Authority (RMA) is tasked with investigating specific medical conditions and potential causes related to chronic lymphoid leukaemia and other haematopoietic cancers. The Authority’s investigation is directed by the Specialist Medical Review Council and is focused on reviewing the classification of these cancers and the validity of various factors as contributors to these conditions. The Authority’s investigation is also conducted in conjunction with another investigation concerning Statements of Principles Instrument Nos. 9 and 10 of 2005. Submissions to the Authority must be in writing and submitted by 3 February 2014.
Key Provisions
The key provision of this piece of legislation, subsection 196B(7A) of the Veterans' Entitlements Act 1986 (VEA), mandates the Repatriation Medical Authority (the Authority) to conduct an investigation into the classification and naming of haematopoietic cancers, particularly chronic lymphoid leukaemia, chronic lymphocytic leukaemia, small lymphocytic lymphoma, and non-Hodgkin's lymphoma. Additionally, the investigation will assess whether there is sufficient medical-scientific evidence to include various factors such as 'non-ionising radiation', 'benzene', 'herbicides, pesticides and dioxin', 'asbestos', 'other aromatic hydrocarbons', and 'AV gas and associated chemicals in relation to aircraft fuel tank de-seal and reseal activities' in Statements of Principles Instrument Nos. 9 and 10 of 2005, which concern chronic lymphoid leukaemia. This investigation was directed by the Specialist Medical Review Council (SMRC) in Declaration No. 22, made under section 196W of the VEA and published in the Government Notices Gazette on 26 November 2013.
The Act imposes specific obligations on the parties and entities it governs. The Authority is required to gather and review new information regarding how chronic lymphoid leukaemia may be suffered, contracted, or result in death, and to determine the extent to which these conditions may be war-caused, defence-caused, a service injury, a service disease, or a service death. Additionally, the Authority must invite and consider written submissions from eligible individuals and organisations, including veterans, persons eligible to make claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must adhere to the RMA Submission Guidelines and be received by the Authority by 3 February 2014.
The Act does not explicitly outline specific offences, penalties, or consequences for breaches related to this investigation. However, failure to comply with the requirements set forth in the VEA, such as not submitting necessary information or evidence, may lead to legal consequences under the general provisions of the Act. For example, misleading or providing false information to the Authority could potentially be subject to civil or criminal penalties, although the exact nature of these penalties is not detailed in the notice. The Authority is tasked with ensuring that all relevant information is thoroughly assessed and appropriately documented to support any future claims related to chronic lymphoid leukaemia and its potential causes.