NOTICE OF INVESTIGATION – CHRONIC MYELOID LEUKAEMIA
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 it intends to carry out an investigation under subsection 196B(7) of the VEA to review the contents of Statements of Principles Instrument Nos. 47 & 48 of 2014, as amended, concerning chronic myeloid 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 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 8 December 2021.
Under the VEA, the Authority is required to find out whether there is new information available about how chronic myeloid leukaemia may be suffered or contracted, or death from chronic myeloid leukaemia may occur, and the extent to which chronic myeloid leukaemia or death from chronic myeloid 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 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 19 November 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 20 / 08 / 2021 |
Overview
The Veterans' Entitlements Act 1986, enacted in 1986, was established to provide various forms of pensions and benefits to veterans and their families, addressing the needs arising from their service to the nation. One of its key objectives is to ensure that veterans receive appropriate compensation and support for conditions related to their service. The Repatriation Medical Authority, acting under the authority of the Act, has announced an investigation into chronic myeloid leukaemia as outlined in section 196G of the Act. This investigation aims to review the current Statements of Principles concerning chronic myeloid leukaemia, specifically Instrument Nos. 47 and 48 of 2014, to ascertain if there is new information regarding how the disease may be suffered or contracted, and the extent to which it may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority is inviting submissions from relevant stakeholders, including veterans, representatives of veterans, and experts in relevant fields, to ensure a comprehensive review process.
Scope and Application
The Repatriation Medical Authority (the Authority) has announced its intention to conduct an investigation under section 196G of the Veterans' Entitlements Act 1986 (the VEA) regarding the contents of Statements of Principles Instrument Nos. 47 and 48 of 2014, as amended, which concern chronic myeloid leukaemia. This investigation is aimed at reviewing new information about how chronic myeloid leukaemia may be suffered, contracted, or result in death, and the extent to which these conditions may be related to war, defence service, or other military-related causes. The Authority invites submissions from individuals and entities, including those eligible to make claims for pension or compensation, organisations representing veterans and their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions can be made electronically, via email, or by post, and must be received by 19 November 2021. This investigation is carried out under the Commonwealth's jurisdiction, extending to all relevant stakeholders as specified by the VEA.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the Repatriation Medical Authority (the Authority) with the mandate to investigate matters relating to veterans' entitlements, specifically the war-caused, defence-caused, service injury, service disease, or service death aspects of chronic myeloid leukaemia. Under subsection 196B(7) of the VEA, the Authority has initiated an investigation to review the contents of Statements of Principles Instrument Nos. 47 & 48 of 2014, as amended, concerning chronic myeloid leukaemia. The Authority invites submissions from eligible claimants, organisations representing veterans and their dependants, and experts relevant to the investigation. Submissions must be submitted in writing and received by the Authority no later than 19 November 2021. The Authority will hold its first meeting for this investigation on 8 December 2021.
The VEA imposes obligations on the Authority to conduct investigations into claims related to chronic myeloid leukaemia and determine the extent to which the condition may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority must consider new information regarding the condition's causation, progression, and mortality. Eligible claimants, organisations, and experts are required to submit written submissions to the Authority, providing their perspectives and any relevant information. The Authority is also obligated to provide a platform for submissions through its website, email, or postal services and to consider all received submissions in its review process.
The VEA does not explicitly outline offences or penalties for non-compliance with the submission requirements for this investigation. However, failure to submit written submissions by the deadline may result in the Authority not considering the individual's or organisation's perspective in its review process. Additionally, if the Authority determines that there has been a breach of the VEA's provisions during the investigation, it may face legal consequences, such as fines or other penalties. The maximum penalties for such breaches are not specified in the provided text.