NOTICE OF INVESTIGATION – GINGIVITIS
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 'combined oral contraceptive pill as specified' as a factor in gingivitis.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 17 & 18 of 2022, concerning gingivitis.
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.
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 20 July 2022.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 24 June 2022 |
Overview
The Veterans' Entitlements Act 1986, enacted by the Parliament of Australia, aims to provide various forms of support and entitlements to veterans and their families. One of the key issues the Act addresses is the health conditions veterans may suffer from as a result of their service. The 2022 Gazette Notice (C2022G00536) issued by the Repatriation Medical Authority (the Authority) under section 196G of the Act highlights the need to investigate the correlation between the use of combined oral contraceptive pills and the development of gingivitis in veterans, specifically in the context of the Statements of Principles Instrument Nos. 17 & 18 of 2022. This investigation seeks to identify whether such pills can be considered a relevant factor in the onset of gingivitis, thereby impacting the entitlements of veterans under the Act. The Authority invites relevant stakeholders, including veterans, representatives of veteran organisations, and experts in related fields, to contribute their insights by submitting written evidence by 20 July 2022, to ensure a comprehensive understanding of the issue and to inform the Authority's decision-making process.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (VEA) has issued a notice of its intention to conduct an investigation concerning the definition of 'combined oral contraceptive pill as specified' as a factor in gingivitis. This investigation pertains specifically to Statements of Principles Instrument Nos. 17 & 18 of 2022. The scope of this investigation is limited to individuals eligible to make claims for pension under Part II or Part IV of the VEA and those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004. Furthermore, it invites submissions from organisations representing veterans and other specified groups, as well as the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. The Authority's investigation is geographically and jurisdictionally aligned with the Commonwealth of Australia and extends to relevant entities and individuals as outlined. Submissions must be made in writing and submitted by 20 July 2022 through the RMA website, email, or post. Any exclusions, exemptions, or thresholds are not specified in the notice, and the investigation may be further detailed through subordinate instruments.
Key Provisions
The main operative sections of this Notice of Investigation pertain to section 196G of the Veterans' Entitlements Act 1986 (VEA) (s 196G), which empowers the Repatriation Medical Authority (the Authority) to investigate the definition of 'combined oral contraceptive pill as specified' as a factor in gingivitis, as outlined in Statements of Principles Instrument Nos. 17 & 18 of 2022. The Authority invites submissions from eligible claimants, organisations representing veterans and their dependents, relevant commissions, and experts with relevant knowledge in the field (s 196B(7A), s 196G). The Authority will hold its first meeting for this investigation on 2 August 2022. Submissions can be lodged electronically through the RMA website, by email, or by post, and must be received by 20 July 2022. Guidance on making submissions is available online, and the RMA Secretariat can be contacted for further assistance.
The Act imposes several obligations and requirements on the parties and entities it governs. The Authority must carry out the investigation as specified in the Notice of Investigation and consider all relevant submissions received by the stated deadline. Eligible claimants, organisations representing veterans and their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant knowledge in the field must submit their written submissions by 20 July 2022. Failure to comply with these requirements may result in the Authority not considering the submissions in their investigation.
The Notice of Investigation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the requirements of the Notice of Investigation may result in the Authority not considering the submissions in their investigation. This could potentially impact the outcomes of the investigation and the entitlements of eligible claimants. It is important to note that while the Notice of Investigation does not provide explicit information on penalties or consequences, the failure to comply with the requirements of the Act may still have legal implications for the parties and entities involved.