NOTICE OF INVESTIGATION
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, as there are grounds for such a review it intends to carry out an investigation in respect of infiltration of the pituitary gland or hypothalamus as a factor in hypopituitarism.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 76 & 77 of 2009, concerning hypopituitarism.
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 12 February 2013.
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 8 February 2013.
The Common Seal of the )
Repatriation Medical Authority )
was affixed in the presence of )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 4/12/2012
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide various forms of financial and other assistance to veterans and their families, addressing gaps in support for those who have served in the Australian Defence Force. This Act was introduced by the Commonwealth Parliament to ensure that veterans and their dependents receive appropriate recognition and support for their service. The Repatriation Medical Authority (the Authority) operates under the VEA to facilitate and oversee medical assessments and claims related to service-connected disabilities. In accordance with section 196G of the VEA, the Authority has issued a notice of an investigation into the infiltration of the pituitary gland or hypothalamus as a factor in hypopituitarism, which will be conducted in the context of Statements of Principles Instrument Nos. 76 & 77 of 2009. The Authority invites written submissions from eligible claimants, representatives, and experts to inform this investigation, which aims to address specific medical concerns and improve the provision of benefits for affected veterans. Submissions are due by 8 February 2013, with the first meeting scheduled for 12 February 2013.
Scope and Application
The notice issued under section 196G of the Veterans' Entitlements Act 1986 by the Repatriation Medical Authority (RMA) pertains to an investigation into the infiltration of the pituitary gland or hypothalamus as a contributing factor in hypopituitarism. This investigation is specifically aligned with Statements of Principles Instrument Nos. 76 and 77 of 2009, which address hypopituitarism. The scope of this investigation encompasses individuals eligible to make claims for pensions under Part II or Part IV of the VEA, as well as those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004. Furthermore, the RMA seeks input from organisations representing veterans, Australian mariners, members of the Forces, Peacekeeping Forces, and their dependants, in addition to submissions from the Repatriation Commission or the Military Rehabilitation and Compensation Commission. The RMA also invites individuals with expertise relevant to the investigation to contribute. This notice underscores the national jurisdiction of the VEA, aiming to comprehensively review and potentially revise current medical understandings and entitlements linked to hypopituitarism among veterans. The RMA's call for written submissions, adhering to specified guidelines and deadlines, highlights the inclusive and consultative approach in refining veterans' healthcare policies and entitlements.
Key Provisions
The main operative sections of this notice pertain to the Repatriation Medical Authority's (RMA) intention to investigate infiltration of the pituitary gland or hypothalamus as a factor in hypopituitarism, as outlined in section 196G of the Veterans' Entitlements Act 1986 (VEA). This investigation is mandated under subsection 196B(7A) of the VEA and will be conducted within the framework of Statements of Principles Instrument Nos. 76 and 77 of 2009. The Authority is inviting submissions from eligible individuals and organisations, such as those eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, veterans' and service members' organisations, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The Authority's first meeting for this investigation is scheduled for 12 February 2013, and all written submissions must be received by 8 February 2013.
The obligations imposed by this notice are primarily on the individuals and organisations invited to make submissions. They must obtain the RMA Submission Guidelines from the RMA website or the RMA Secretariat and ensure that their submissions are in writing and received by the Authority by the specified deadline. This requirement is intended to ensure that the Authority has comprehensive input from a range of stakeholders, including those directly affected by the issue under investigation and those with relevant expertise.
The notice also implicitly places an obligation on the Authority to conduct the investigation in a thorough and fair manner, utilising the submissions received to inform its findings and recommendations. This includes considering the impact of the investigation on current and future claimants for pensions or compensation related to hypopituitarism.
There are no explicit offences, penalties, or consequences for breach detailed in the notice itself. However, failure to comply with the submission requirements could potentially affect the outcome of the investigation by limiting the Authority's access to potentially valuable information and perspectives. The notice does not specify any civil or criminal penalties for non-compliance, but it is implicit that the Authority may not consider submissions that do not adhere to the guidelines or that are received after the deadline. This could result in a less comprehensive investigation and potentially less favourable outcomes for claimants.