NOTICE OF INVESTIGATION – GENDER DYSPHORIA
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 gender dysphoria.
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 6 October 2021.
Under the VEA, the Authority is required to find out whether there is information available about how gender dysphoria may be suffered or contracted, or death from gender dysphoria may occur, and the extent to which gender dysphoria or death from gender dysphoria 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 17 September 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 25 / 06 / 2021 |
Overview
The Repatriation Medical Authority (the Authority) has issued a notice of investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) to explore the possibility of determining Statements of Principles in respect of gender dysphoria. This investigation was enacted to address the gap in recognition and understanding of gender dysphoria as a condition potentially caused by or exacerbated during military service. The Authority, established by the Australian Parliament, aims to ascertain if gender dysphoria, its suffering or contraction, or death from gender dysphoria may be classified as war-caused, defence-caused, a service injury, a service disease, or a service death. This initiative seeks to ensure that veterans who have experienced gender dysphoria receive appropriate recognition and support for any related claims under the VEA. The Authority has invited submissions from eligible individuals, organisations, and experts, with a deadline of 17 September 2021, to inform and guide the investigation process.
Scope and Application
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) is conducting an investigation into whether Statements of Principles should be determined in respect of gender dysphoria. This investigation aims to ascertain whether there is information available on how gender dysphoria may be suffered or contracted, or if death from gender dysphoria may occur, and the extent to which these may be war-caused, defence-caused, a service injury, a service disease, or a service death. The investigation applies to eligible claimants under Part II or Part IV of the VEA, persons eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with expertise relevant to the investigation. Submissions can be made electronically via the RMA website, by email, or by post, and must be received by 17 September 2021. The Authority's investigation is conducted within the Commonwealth jurisdiction, and the scope of the investigation may be extended or restricted through subordinate instruments.
Key Provisions
The key provisions of section 196G of the Veterans' Entitlements Act 1986 (VEA) pertain to an investigation by the Repatriation Medical Authority (the Authority) regarding the potential for determining Statements of Principles in respect of gender dysphoria. This investigation is mandated by subsection 196B(4) of the VEA, and the Authority's objective is to ascertain whether there is sufficient information to support the claim that gender dysphoria can be war-caused, defence-caused, a service injury, a service disease, or a service death. This investigation is crucial for determining eligibility for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA).
Under this section, the Authority extends an invitation to various stakeholders, including individuals eligible for claims under the VEA or MRCA, organisations representing veterans or their dependants, the Repatriation Commission or Military Rehabilitation and Compensation Commission, and experts in relevant fields, to submit written submissions by 17 September 2021. These submissions must provide insights into the understanding of gender dysphoria, its causes, and its potential relation to military service. The Authority offers multiple channels for submission, including the RMA website, email, or postal mail, and provides guidelines to assist in the preparation of submissions.
The obligations imposed by section 196G on the Authority are to conduct a thorough investigation into gender dysphoria and its potential military service connection, and to consider the written submissions received from the specified stakeholders. The Authority is tasked with evaluating the available information and evidence to determine whether Statements of Principles should be amended or issued in relation to gender dysphoria. This investigation and the consideration of stakeholder submissions are critical to ensuring that the Authority's findings are comprehensive and informed by a broad range of expert opinions and experiences.
There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of section 196G in the provided text. However, the failure to comply with the Authority's request for written submissions by the specified deadline could potentially impact the thoroughness and credibility of the investigation. While there are no direct penalties mentioned for non-compliance with the submission process, the quality and comprehensiveness of the investigation may be affected if key stakeholders do not provide their input, which could have indirect consequences on the determination of eligibility for pensions or compensation related to gender dysphoria.