NOTICE OF INVESTIGATION
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 following:
- exposure to ionising radiation; and
- benzene exposure,
as factors in non-Hodgkin's lymphoma.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 28 & 29 of 2010 concerning non-Hodgkin's lymphoma.
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 Veterans' Entitlements Act 1986;
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 11 February 2014.
Persons and organisations wishing to make a submission should obtain a copy of the RMA Submission Guidelines from the RMA website [www.rma.gov.au] or by contacting the RMA Secretariat at the address or telephone number below.
All submissions must be in writing and received by the Authority at the address below no later than 24 January 2014.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 11/10/2013
Overview
The Veterans' Entitlements Act 1986 was enacted to address the need for a comprehensive framework governing the entitlements of veterans in Australia. The Act provides a range of benefits, including pensions, compensation, and medical services, to veterans and their families. It was introduced to ensure that those who have served in the Australian Defence Force receive appropriate support and recognition for their service. The Act is administered by the Repatriation Medical Authority (RMA), which was established under the authority of the Australian Parliament. The policy objective of the Act is to provide equitable and timely support to veterans, recognising their contributions and addressing any health issues or disabilities that may arise from their service. The RMA is mandated to investigate specific factors that may contribute to health conditions in veterans, such as exposure to ionising radiation and benzene, to further refine the criteria for entitlements and improve the overall support system for veterans.
Scope and Application
The notice issued under section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to an investigation into exposure to ionising radiation and benzene as contributing factors to non-Hodgkin's lymphoma, within the framework of Statements of Principles Instrument Nos. 28 & 29 of 2010. This investigation is conducted by the Repatriation Medical Authority (the Authority) and applies to specific entities and individuals, including those eligible to claim pensions under Parts II or IV of the VEA, individuals eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing various categories of veterans and their dependents, and experts in relevant fields. The Authority extends an invitation to these stakeholders to submit written contributions before the deadline of 24 January 2014. The scope of the investigation is national, as the VEA is a Commonwealth Act, and it does not specify any jurisdictional exclusions or thresholds. Any further extension or restriction of the application of the investigation might be detailed in subordinate instruments issued by the Authority.
Key Provisions
The key operative sections of this notice pertain to section 196G of the Veterans' Entitlements Act 1986 (VEA), which allows the Repatriation Medical Authority (RMA) to carry out investigations into specific matters relevant to veterans' health claims. In this instance, section 196G mandates an investigation into exposure to ionising radiation and benzene as factors in non-Hodgkin's lymphoma, as outlined in Statements of Principles Instrument Nos. 28 and 29 of 2010. This investigation aims to assess whether these exposures are relevant to the condition in question and potentially affect eligibility for pensions or compensation under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The notice also specifies the obligations and requirements imposed on the parties or entities it governs. Eligible individuals and organisations, including those who can make claims under the VEA or the MRCA, veterans' groups, and experts in relevant fields, are invited to submit written submissions to the RMA by 24 January 2014. The RMA has provided guidelines for making these submissions, which can be obtained from their website or by contacting the RMA Secretariat. The RMA will convene its first meeting for this investigation on 11 February 2014, where these submissions will be considered. This process ensures that a wide range of stakeholders can contribute to the investigation, providing a comprehensive view of the issues at hand.
Any failure to comply with the requirements set out in the notice may lead to civil or administrative consequences, although the notice does not explicitly state the penalties for non-compliance. It is important for interested parties to adhere to the timelines and submission guidelines to ensure their input is considered in the investigation. Additionally, while the notice does not detail criminal or civil penalties for breach, any actions taken in relation to the investigation, such as the consideration of claims for pensions or compensation, may be subject to the provisions of the VEA and the MRCA, which could include fines or other penalties for fraudulent claims or misrepresentations.