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 non-Hodgkin's lymphoma 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 be limited to matters relating to the following contents of Statements of Principles Instrument Nos. 28 & 29 of 2010 concerning non-Hodgkin's lymphoma:
a. the definition of non-Hodgkin's lymphoma; and
b. any consequential effects on any factors with regard to non-Hodgkin's lymphoma.
The investigation will review the classification and naming of haematopoietic cancers, in particular chronic lymphoid leukaemia, chronic lymphocytic leukaemia, small lymphocytic lymphoma and non-Hodgkin's lymphoma. The Authority will take account of the recommendation of the SMRC to excise small lymphocytic lymphoma from the Statements of Principles Instrument Nos. 28 and 29 of 2010 concerning non-Hodgkin's lymphoma.
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 non-Hodgkin's lymphoma may be suffered or contracted, or death from non-Hodgkin's lymphoma may occur, and the extent to which non-Hodgkin's lymphoma or death from non-Hodgkin's lymphoma 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.
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 provide a comprehensive framework for the entitlements of Australian Defence Force (ADF) veterans, ensuring they receive the appropriate benefits and compensation for injuries or diseases suffered during their service. The Act was introduced by the Commonwealth Parliament to address the need for a structured and fair system to support veterans in their post-service lives. A notable objective of the VEA is to provide a legislative basis for the continuous review and adjustment of entitlements in response to new medical findings and societal changes.
In 2013, the Repatriation Medical Authority (RMA) initiated an investigation under subsection 196B(7A) of the VEA, directed by the Specialist Medical Review Council, concerning non-Hodgkin's lymphoma. This investigation was motivated by the need to review the classification and naming of haematopoietic cancers, particularly in light of the recommendation to excise small lymphocytic lymphoma from relevant Statements of Principles. The RMA invited submissions from eligible individuals, organisations representing veterans, and experts in relevant fields, aiming to gather comprehensive insights and new information on the war-causation and defence-related aspects of non-Hodgkin's lymphoma. The investigation seeks to ensure that the entitlements provided under the VEA accurately reflect current medical understanding and the specific circumstances of veterans.
Scope and Application
The Repatriation Medical Authority (the Authority), under subsection 196B(7A) of the Veterans' Entitlements Act 1986 (the VEA), has announced an investigation into non-Hodgkin's lymphoma as directed by the Specialist Medical Review Council. This investigation, limited to the definition and consequential effects of non-Hodgkin's lymphoma as outlined in Statements of Principles Instrument Nos. 28 & 29 of 2010, will also review the classification and naming of related haematopoietic cancers, including chronic lymphoid leukaemia, chronic lymphocytic leukaemia, and small lymphocytic lymphoma. The Authority is mandated to determine new information regarding the causation, occurrence, and war-related nature of non-Hodgkin's lymphoma. The investigation invites submissions from eligible claimants, representative organisations, and experts, with written submissions due by 3 February 2014. The Authority's first meeting for this investigation is scheduled for 18 February 2014. This Act applies to veterans and other eligible claimants under the VEA and the Military Rehabilitation and Compensation Act 2004, organisations representing affected groups, and relevant experts. The scope of the investigation is national and is conducted under the Commonwealth jurisdiction.
Key Provisions
Subsection 196B(7A) of the Veterans' Entitlements Act 1986 (VEA) specifies that the Repatriation Medical Authority (the Authority) intends to carry out an investigation into non-Hodgkin's lymphoma, as directed by the Specialist Medical Review Council (the SMRC). This investigation will focus on the definition of non-Hodgkin's lymphoma and any consequential effects, specifically as they relate to Statements of Principles Instrument Nos. 28 & 29 of 2010. The review will also consider the classification and naming of related haematopoietic cancers, such as chronic lymphoid leukaemia, chronic lymphocytic leukaemia, and small lymphocytic lymphoma. Furthermore, the Authority is tasked with considering the SMRC's recommendation to remove small lymphocytic lymphoma from the aforementioned Statements of Principles.
The obligations imposed by this Act on the relevant parties are substantial. The Authority must ensure that it thoroughly investigates the potential links between non-Hodgkin's lymphoma and military service, including whether such lymphoma may be considered a war-caused, defence-caused, service injury, service disease, or service death. To assist in this process, the Authority is required to invite written submissions from various stakeholders. These include individuals eligible for pensions or compensation, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be made in writing and received by the Authority no later than 3 February 2014. The Authority's first meeting to discuss this investigation is scheduled for 18 February 2014.
Under the VEA, any failure to comply with the requirements set out in the Act can result in significant consequences. While the Act does not explicitly detail offences or penalties for non-compliance, the implications of not adhering to the statutory obligations could include legal challenges or reviews by higher authorities. In particular, if the Authority fails to properly investigate the matters at hand or to consider all relevant submissions, it could face judicial review or other legal actions from affected parties. Such breaches may also lead to reputational damage and reduced credibility in its decision-making processes.