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 the following:
- measles infection; and
- mumps infection,
as factors in diabetes mellitus.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 89 & 90 of 2011 concerning diabetes mellitus.
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 8 October 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 23 September 2013.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 16/08/2013
The Repatriation Medical Authority
8th Floor, 259 Queen Street, BRISBANE, QLD 4000
[GPO Box 1014, Brisbane, Old 4001] – Telephone: (07) 3815 9404
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide various benefits and entitlements to veterans, including pensions and compensation for service-related injuries and illnesses. The Act was introduced to address the need for a comprehensive legislative framework that recognises and supports the welfare of veterans who have served their country. The VEA was enacted by the Commonwealth Parliament of Australia, with the aim of ensuring that veterans and their dependants receive the necessary financial and medical assistance to which they are entitled. In this context, Section 196G of the Act facilitates investigations into specific health conditions that may be linked to military service, such as the proposed investigation into measles and mumps infections as factors in diabetes mellitus.
The Repatriation Medical Authority (RMA), as the body responsible for overseeing the investigation, invites relevant stakeholders to submit written evidence on the matter. These stakeholders include veterans and their dependants, organisations representing various military personnel and their families, and experts in relevant fields. The RMA aims to ensure that the investigation is thorough and considers all relevant perspectives, ultimately contributing to the policy objective of providing accurate and fair entitlements to those affected by service-related health conditions.
Scope and Application
Pursuant to section 196G of the Veterans' Entitlements Act 1986, the Repatriation Medical Authority (the Authority) has announced its intention to conduct an investigation into the potential link between measles and mumps infections as factors contributing to diabetes mellitus. This investigation is conducted in the context of Statements of Principles Instrument Nos. 89 and 90 of 2011 concerning diabetes mellitus. The Authority is soliciting written submissions from various stakeholders, including individuals eligible for pensions or compensation under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or military personnel, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions are to be submitted by 23 September 2013, and must adhere to the guidelines available on the RMA website or by contacting the RMA Secretariat. The first meeting for this investigation is scheduled for 8 October 2013. The scope of the Act applies to individuals and entities directly affected by the provisions of the VEA and MRCA, particularly those related to veterans' pensions, compensation, and health-related claims. The investigation’s jurisdictional reach is confined to Australia, with the Authority based in Brisbane, Queensland. The Act does not specify exclusions or thresholds, but it implicitly excludes those without a relevant connection to veterans' affairs or medical expertise pertinent to the investigation. The application of the Act may be further defined through subordinate instruments, though these are not detailed in the provided text.
Key Provisions
The key provisions of this notice are contained in section 196G of the Veterans' Entitlements Act 1986 (VEA). The Repatriation Medical Authority (RMA) intends to carry out an investigation into whether measles infection and mumps infection can be considered factors in diabetes mellitus, in the context of Statements of Principles Instrument Nos. 89 & 90 of 2011. The RMA invites written submissions from several stakeholders, including those eligible for a pension or compensation claim, relevant organisations, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions are due by 23 September 2013, and the RMA's first meeting to discuss the investigation will take place on 8 October 2013.
The RMA's notice imposes specific obligations on the parties and entities it governs. Eligible individuals and organisations must submit their written submissions by the specified date, adhering to the guidelines provided by the RMA. The RMA itself must conduct the investigation in accordance with the provisions of section 196G of the VEA, ensuring that all relevant factors are considered and that the investigation is carried out in a thorough and impartial manner. The notice also sets out the date for the first meeting, which is a key milestone in the investigation process.
The notice does not explicitly state any offences, penalties, or consequences for non-compliance with the notice or the investigation process. However, it is reasonable to infer that failure to comply with the requirements for submitting written submissions by the due date may result in those submissions not being considered in the investigation. Furthermore, if the RMA were to find that there were grounds for non-compliance with the notice or the investigation process, it may be subject to administrative or legal action, depending on the circumstances. The maximum penalties for such offences are not specified in the notice, but they would depend on the specific laws and regulations governing the RMA's activities.
In summary, the notice issued by the RMA under section 196G of the VEA sets out the key provisions of the investigation into measles infection and mumps infection as factors in diabetes mellitus. It imposes specific obligations on eligible individuals and organisations to submit written submissions by the specified date, and it sets out the date for the first meeting to discuss the investigation. While the notice does not explicitly state any offences, penalties, or consequences for non-compliance, it is reasonable to infer that failure to comply with the requirements for submitting written submissions by the due date may result in those submissions not being considered in the investigation.