NOTICE OF INVESTIGATION – EOSINOPHILIC OESOPHAGITIS
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 eosinophilic oesophagitis.
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 information available about how eosinophilic oesophagitis may be suffered or contracted, or death from eosinophilic oesophagitis may occur, and the extent to which eosinophilic oesophagitis or death from eosinophilic oesophagitis 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 1 / 10 / 2021 |
Overview
The Veterans' Entitlements Act 1986 was enacted to provide for various benefits and entitlements for veterans, their families, and dependants. It was introduced to address the need to recognise and support those who have served in the Australian Defence Force and their loved ones, ensuring they receive appropriate compensation and healthcare. The Repatriation Medical Authority, which operates under the auspices of the Commonwealth Parliament, is tasked with investigating and determining the medical conditions that may warrant compensation or healthcare benefits under the Act. This notice of investigation into eosinophilic oesophagitis is an effort to ascertain whether this condition can be considered war-caused, defence-caused, a service injury, a service disease, or a service death. By inviting submissions from eligible persons and organisations, the Authority aims to gather comprehensive information to inform its determinations, thereby ensuring that affected veterans and their families receive the recognition and support they deserve.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) and its associated Repatriation Medical Authority (RMA) are central to the legislative framework governing veterans' health claims in Australia. Specifically, section 196G of the VEA mandates the RMA to investigate and determine whether Statements of Principles should be formulated for certain conditions, such as eosinophilic oesophagitis. This notice of investigation extends to individuals eligible for pension claims under the VEA, those entitled to compensation claims under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or Military Rehabilitation and Compensation Commission, and experts in relevant fields. The RMA's investigation aims to ascertain the potential causes, war-related origins, or service connections of eosinophilic oesophagitis and related fatalities. Submissions are invited and can be submitted electronically through the RMA website, via email, or by post, with a deadline of 19 November 2021. This investigation is a crucial step in ensuring that veterans and their families receive appropriate recognition and support for health conditions potentially linked to their service.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) outlines the procedure for an investigation into eosinophilic oesophagitis, as notified by the Repatriation Medical Authority (the Authority). The Authority aims to determine if Statements of Principles can be issued for this condition, which could potentially be war-caused, defence-caused, a service injury, a service disease, or a service death. To aid in this investigation, the Authority invites written submissions from eligible claimants, organisations representing veterans or their dependants, the Repatriation Commission or Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be made by 19 November 2021, either electronically through the RMA website, by email, or by post.
The obligations imposed by this Act on the parties and entities it governs are multifaceted. Eligible claimants, relevant organisations, and experts are required to submit written submissions within the specified timeframe. The Repatriation Medical Authority is obligated to review these submissions and conduct its investigation to ascertain the extent to which eosinophilic oesophagitis may be related to military service. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are also invited to contribute their insights, leveraging their expertise to inform the Authority's findings.
Failing to comply with the requirements of this notice or providing misleading information could lead to civil or criminal consequences, though specific offences, penalties, or consequences are not detailed in this notice. The severity of any penalties would depend on the nature of the breach and the laws governing such actions, which may include the provision of false information or the failure to provide required information within the stipulated timeframe. The Authority reserves the right to take appropriate action against those who do not adhere to the guidelines set forth in the notice.