NOTICE OF INVESTIGATION – EXTERNAL BURN
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, it intends to carry out an investigation in respect of the definition of ‘external burn” in Section 7.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 110 & 111 of 2015 as amended, concerning external burn.
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 7 February 2023.
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 24 January 2023.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 23 / 12 / 2022 |
Overview
The Repatriation Medical Authority (the Authority) has announced an investigation under section 196G of the Veterans' Entitlements Act 1986 (the VEA), concerning the definition of 'external burn' in Section 7. This investigation is in response to the need for a clearer understanding and interpretation of the term as it applies to Statements of Principles Instrument Nos. 110 and 111 of 2015 as amended. The Authority seeks written submissions from a variety of stakeholders, including those eligible for claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and related groups, relevant commissions, and experts in pertinent fields. Submissions can be made electronically via the RMA website, by email, or by post, and must be received by 24 January 2023. The Authority's first meeting for this investigation will be held on 7 February 2023. This initiative aims to ensure that the definition of 'external burn' is accurately and comprehensively understood and applied within the legislative framework.
Scope and Application
The Repatriation Medical Authority (the Authority), under section 196G of the Veterans' Entitlements Act 1986 (the VEA), intends to conduct an investigation into the definition of 'external burn' as it applies to Statements of Principles Instrument Nos. 110 and 111 of 2015. The scope of this investigation is specifically directed at understanding the implications and application of the term 'external burn' within the context of veterans' entitlements and compensation claims. Eligible participants invited to provide written submissions include individuals who can claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, relevant government commissions, and experts with pertinent field expertise. This investigation aims to incorporate diverse perspectives to ensure a comprehensive understanding and appropriate application of the term in the legislative framework. Submissions can be made electronically through the RMA website, by email, or by post, and must be received by 24 January 2023. This investigation is confined to the Commonwealth jurisdiction and does not explicitly exclude any categories of participants or submissions, allowing for a broad range of input to inform the Authority's findings.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) under Section 196G mandates that the Repatriation Medical Authority (the Authority) conduct an investigation into the definition of 'external burn' as outlined in Section 7, specifically in the context of Statements of Principles Instrument Nos. 110 & 111 of 2015 as amended. The Authority has the authority to invite submissions from relevant parties and organisations, including those eligible to claim pensions or compensation, representatives of veterans and their dependents, and experts in relevant fields (Section 196G). Submissions can be made electronically through the RMA website, via email, or by post, with a deadline of 24 January 2023 for receipt by the Authority (Section 196G).
The obligations imposed by the Act on the parties involved include the requirement for eligible individuals and organisations to submit written submissions on the investigation. These submissions should provide relevant information and insights that could impact the understanding and application of the term 'external burn' in the context of veterans' entitlements (Section 196G). The Authority must facilitate this process by providing clear guidelines and a submission process that is accessible to all invited participants. Furthermore, the Authority must ensure that all submissions are reviewed and considered in the investigation, which is to commence on 7 February 2023 (Section 196G).
Any failure to comply with the submission requirements or the investigation process could potentially lead to adverse outcomes, although specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the notice. The investigation itself, however, aims to ensure that the definition of 'external burn' is accurately applied, thereby safeguarding the entitlements of veterans and their dependents. The consequences of any findings from the investigation could include changes to the Statements of Principles or other legislative instruments to better reflect the accurate definition and implications of 'external burn'.