NOTICE OF INVESTIGATION – DIAPHRAGMATIC HERNIA
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 pursuant to subsection 196B(4) of the VEA to find out whether Statements of Principles may be determined in respect of diaphragmatic hernia.
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 2 August 2022.
Under the VEA, the Authority is required to find out whether there is information available about how diaphragmatic hernia may be suffered or contracted, or death from diaphragmatic hernia may occur, and the extent to which diaphragmatic hernia or death from diaphragmatic hernia 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 15 July 2022.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 29 / 4 / 2022 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide for the payment of pensions and other benefits to veterans and their families, addressing the need to recognise and support those who have served in the Australian Defence Force. This legislation aims to ensure that veterans and their dependants receive appropriate financial and medical assistance. The Repatriation Medical Authority (the Authority), established under the VEA, is responsible for carrying out investigations into potential war-related conditions to determine if these should be covered under the Act. In this context, the Authority has issued a notice of investigation under section 196G of the VEA to explore whether Statements of Principles should be determined in respect of diaphragmatic hernia. This investigation seeks to ascertain whether such conditions may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from relevant stakeholders, including veterans, organisations representing veterans, and experts in relevant fields, to provide information and insights to support its investigation. The Authority's findings will contribute to the ongoing efforts to comprehensively address the health and welfare needs of veterans.
Scope and Application
The notice issued under section 196G of the Veterans' Entitlements Act 1986 (VEA) by the Repatriation Medical Authority (RMA) pertains to an investigation into diaphragmatic hernia, aiming to determine whether Statements of Principles may be established in respect of this condition. This investigation is mandated under subsection 196B(4) of the VEA and applies to individuals eligible for pensions or compensation claims under the VEA or the Military Rehabilitation and Compensation Act 2004, as well as organisations representing veterans, Australian mariners, and other relevant groups. The RMA invites written submissions from these entities and individuals with expertise in relevant fields by 15 July 2022. The investigation will explore the causes and circumstances under which diaphragmatic hernia may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The RMA's investigation extends across Australia, as the VEA is a Commonwealth Act, and the notice aims to comprehensively cover all relevant persons and entities within the specified categories. There are no stated exclusions or exemptions in this notice, and it is inclusive of all eligible claimants and experts.
Key Provisions
The Repatriation Medical Authority (the Authority) has announced an investigation into diaphragmatic hernia under section 196G of the Veterans' Entitlements Act 1986 (VEA) (paragraph 1). This investigation will seek to determine whether Statements of Principles may be made regarding diaphragmatic hernia. Eligible individuals and organisations are invited to submit written evidence to the Authority by 15 July 2022 (paragraph 2). These include veterans or their representatives, those eligible for compensation under the Military Rehabilitation and Compensation Act 2004, and experts in relevant fields (paragraph 3). Submissions can be made electronically through the RMA website, by email, or by post, and the RMA Secretariat is available to assist with any queries (paragraph 4).
The Authority is obligated to investigate the causes and circumstances of diaphragmatic hernia, including whether it may be war-caused, defence-caused, a service injury, a service disease, or a service death (section 196B(4) of the VEA) (paragraph 5). This involves gathering and analysing information to understand the connection between diaphragmatic hernia and service in the armed forces or peacekeeping operations (paragraph 6). The Authority's investigation will determine whether there is sufficient evidence to warrant the creation of Statements of Principles, which are formal documents that outline the conditions and circumstances that may entitle a person to benefits under the VEA (paragraph 7).
Breach of the requirements to submit evidence or provide information to the Authority could result in legal consequences (paragraph 8). While the specific penalties for non-compliance are not detailed in the notice, the VEA and associated regulations may impose penalties for failure to comply with notice requirements or for providing false information (paragraph 9). These penalties could include fines or other sanctions, depending on the severity of the breach and the discretion of the relevant authorities (paragraph 10). The Authority may also take legal action against individuals or organisations that fail to comply with the investigation process (paragraph 11).