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, as there are grounds for such a review, it intends to carry out an investigation pursuant to subsection 196B(7A) of the VEA, limited to matters relating to the following contents of Statements of Principles Instrument Nos. 3 & 4 of 2009 concerning drug dependence and drug abuse:
- the definition of drug dependence and drug abuse; and
- any consequential effects on any factors with regard to drug dependence and drug abuse.
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 10 December 2013.
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 22 November 2013.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 16/08/2013
The Repatriation Medical Authority
8th Floor, 259 Queen Street, BRISBANE, QLD 4000
[GPO Box 1014, Brisbane, Old 4001] – Telephone: (07) 3815 9404
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a range of benefits to veterans, including pensions and compensation for injuries and diseases incurred during military service. A gap identified in the legislation was the need for a comprehensive review of the definitions and understandings of drug dependence and drug abuse, as well as their consequential effects on factors related to these conditions, particularly for veterans. To address this gap, the Repatriation Medical Authority (the Authority), as mandated by section 196G of the VEA, has initiated an investigation into these aspects of drug dependence and drug abuse, focusing on the contents of Statements of Principles Instrument Nos. 3 & 4 of 2009. The Authority seeks to enhance the understanding and treatment of these conditions among veterans by inviting written submissions from eligible individuals, organisations, and experts relevant to the investigation. This initiative aims to ensure that the provisions and entitlements under the VEA are effectively tailored to meet the needs of affected veterans.
Scope and Application
The Repatriation Medical Authority, pursuant to section 196G of the Veterans' Entitlements Act 1986, is announcing an investigation focusing on the contents of Statements of Principles Instrument Nos. 3 & 4 of 2009, specifically regarding the definitions of drug dependence and drug abuse and any consequential effects on factors related to these conditions. This investigation is directed at individuals eligible to claim pensions under Parts II or IV of the Veterans' Entitlements Act 1986 and those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004. Additionally, it invites submissions from organisations representing various groups including veterans, Australian mariners, and members of different forces, as well as the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. The investigation is geographically focused on matters covered by the Commonwealth and involves entities and persons within Australia who fall under the specified categories. The Authority does not specify exclusions or exemptions in this notice but invites relevant stakeholders to contribute written submissions by 22 November 2013, which will be considered in the forthcoming meeting on 10 December 2013.
Key Provisions
The key provisions of the notice of investigation, under section 196G of the Veterans' Entitlements Act 1986, pertain to the Repatriation Medical Authority's (RMA) intention to conduct an investigation into the definitions of drug dependence and drug abuse, as well as any consequential effects on factors related to these conditions. This investigation is specifically related to Statements of Principles Instrument Nos. 3 & 4 of 2009 (section 196B(7A)). The RMA is seeking written submissions from various stakeholders, including individuals eligible for claims under the Veterans' Entitlements Act 1986, those eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or military personnel, relevant Commissions, and experts in relevant fields. Submissions are due by 22 November 2013 and should adhere to the RMA Submission Guidelines available on the RMA website or by contacting the RMA Secretariat.
The obligations imposed by this notice require eligible individuals and organisations to submit written submissions by the specified deadline. The submissions should address the contents of the investigation, specifically the definitions of drug dependence and drug abuse, and any consequential effects on relevant factors. These submissions are critical for the RMA's review process, as they provide necessary perspectives and expertise from those directly impacted by the issues under investigation. The RMA's first meeting for this investigation is scheduled for 10 December 2013, indicating a timeline that necessitates timely and thorough preparation of submissions.
The notice does not explicitly state any offences, penalties, or consequences for non-compliance with the submission requirements. However, the importance of these submissions in the context of the legislative review implies that failure to comply could potentially affect the thoroughness and fairness of the investigation. The RMA relies on the contributions of eligible persons and organisations to ensure a comprehensive review, and any neglect to submit relevant submissions might undermine the objectives of the investigation.
While the notice does not detail specific penalties for non-compliance, it is reasonable to infer that the RMA may consider the impact of incomplete or non-submissions when conducting its review. The absence of explicit penalties does not diminish the significance of adhering to the submission guidelines and deadlines, as the effectiveness of the investigation is contingent on the quality and breadth of the submissions received. The RMA's role in overseeing veterans' entitlements necessitates that all relevant parties participate fully to achieve a just and informed outcome.