NOTICE OF INVESTIGATION – HEAT STROKE
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 heat stroke.
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 heat stroke may be suffered or contracted, or death from heat stroke may occur, and the extent to which heat stroke or death from heat stroke 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 (VEA) was enacted to provide a comprehensive framework for the entitlements of veterans and their dependants, including pensions, compensation, and health services. The Act was introduced to address the need for a formalised system that recognises and compensates veterans for injuries and diseases contracted during their service, including those that may have long-term effects. The Repatriation Medical Authority (the Authority), established under the VEA, plays a critical role in determining the validity of claims and the appropriate entitlements. In 2021, the Authority announced an investigation into the potential inclusion of heat stroke as a war-caused, defence-caused, service injury, service disease, or service death under the VEA. This investigation was prompted by a need to better understand the incidence and causation of heat stroke among veterans and to determine if there is sufficient information to warrant the amendment of existing Statements of Principles. The Authority seeks submissions from relevant stakeholders, including veterans, organisations representing veterans, and experts in relevant fields, to inform its decision-making process.
Scope and Application
The Notice of Investigation under Section 196G of the Veterans' Entitlements Act 1986 pertains to the investigation into whether Statements of Principles may be determined in respect of heat stroke. This investigation is intended to uncover information about the circumstances under which heat stroke may be suffered or contracted, and the extent to which heat stroke may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Repatriation Medical Authority (the Authority) is calling for written submissions from eligible claimants under Part II or Part IV of the VEA, those eligible to claim compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and other specified groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. Submissions can be made electronically via the RMA website, by email, or by post, and must be received by 19 November 2021. This investigation applies nationally and is conducted within the jurisdiction of the Commonwealth of Australia, extending its reach to all relevant parties irrespective of their location within Australia.
Key Provisions
The main operative sections of the notice pertain to section 196G of the Veterans' Entitlements Act 1986 (VEA). This section mandates that the Repatriation Medical Authority (the Authority) must investigate whether Statements of Principles may be determined in respect of heat stroke. The Authority has invited certain stakeholders to make written submissions regarding this investigation, including those eligible to make a claim for pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans or military personnel, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise (section 196B(4)).
The obligations and requirements imposed by the Act on the parties involved are primarily related to the submission of written information. Eligible individuals and organisations are required to provide their submissions to the Authority by 19 November 2021. The notice provides multiple channels for submission, including the RMA website, email, or post, and directs parties to the RMA Submission Guidelines for additional guidance. The Authority's first meeting to discuss this investigation is scheduled for 8 December 2021.
Under the VEA, the Authority must determine whether information exists regarding how heat stroke may be suffered or contracted, the circumstances leading to death from heat stroke, and the extent to which such occurrences may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. This legislative requirement underscores the importance of the investigation and the potential implications for affected parties.
There are no explicit offences, penalties, or civil/criminal consequences outlined in the notice for failing to comply with the submission requirements. However, the omission to submit relevant information or the submission of incomplete or misleading information could potentially impact the outcome of the investigation and subsequent determinations regarding veterans' entitlements. The notice does not specify any maximum penalties for non-compliance.