NOTICE OF INVESTIGATION – MULTIPLE CONDITIONS – INSTRUMENTS SUNSETTING ON 1 April 2025
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 investigations under subsection 196B(7) of the VEA to review the contents of Statements of Principles concerning the following:
Condition: | Instrument Nos.: |
albinism | 19 & 20 of 2015 |
alpha-1 antitrypsin deficiency | 29 & 30 of 2015 |
anxiety disorder | 102 & 103 of 2015 |
autosomal dominant polycystic kidney disease | 39 & 40 of 2015 |
Charcot-Marie-Tooth disease | 21 & 22 of 2015 |
decompression sickness | 13 & 14 of 2015 |
epicondylitis | 7 & 8 of 2015 |
Gaucher's disease | 27 & 28 of 2015 |
haemophilia | 23 & 24 of 2015 |
herpes zoster | 47 & 48 of 2015 |
horseshoe kidney | 31 & 32 of 2015 |
Huntington's chorea | 37 & 38 of 2015 |
leptospirosis | 94 & 95 of 2014 |
malignant neoplasm of the breast | 96 & 97 of 2014, as amended |
malignant neoplasm of the lung | 92 & 93 of 2014, as amended |
malignant neoplasm of the salivary gland | 57 & 58 of 2015, as amended |
malignant neoplasm of the small intestine | 1 & 2 of 2015 |
malignant neoplasm of the testis and paratesticular tissues | 3 & 4 of 2015 |
Marfan syndrome | 25 & 26 of 2015 |
multiple osteochondromatosis | 43 & 44 of 2015 |
neoplasm of the pituitary gland | 53 of 2015, as amended & 54 of 2015 |
osteogenesis imperfecta | 35 & 36 of 2015 |
osteomyelitis | 90 & 91 of 2014, as amended |
osteoporosis | 98 & 99 of 2014 |
Paget's disease of bone | 49 & 50 of 2015 |
plantar fasciitis | 51 & 52 of 2015 |
pulmonary barotrauma | 15 & 16 of 2015 |
rotator cuff syndrome | 100 & 101 of 2014, as amended |
seborrhoeic keratosis | 55 & 56 of 2015 |
shin splints | 9 & 10 of 2015 |
soft tissue sarcoma | 5 & 6 of 2015, as amended |
tinea | 11 & 12 of 2015 |
trochanteric bursitis and gluteal tendinopathy | 45 & 46 of 2015, as amended |
von Willebrand's disease | 41 & 42 of 2015 |
Wilson's disease | 33 & 34 of 2015. |
The Authority invites the following persons and organisations to make written submissions to the Authority in respect of any of the investigations:
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 each of these investigations on 2 August 2022.
Under the VEA, the Authority is required to find out whether there is new information available about how the above listed conditions may be suffered or contracted, or death from the above listed conditions may occur; and the extent to which the above listed conditions or death from the above listed conditions 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 15 July 2022.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 29 / 4 / 2022 |
Overview
The Repatriation Medical Authority (the Authority) has issued a Notice of Investigation under section 196G of the Veterans' Entitlements Act 1986 (the VEA), aiming to review the Statements of Principles for multiple medical conditions. This initiative was enacted by the Parliament of Australia and seeks to address any gaps in the current understanding of how these conditions may be contracted or caused by military service. The Authority has identified a need to investigate whether new information is available regarding the war-caused, defence-caused, service injury, service disease, or service death related to these conditions. The Authority invites eligible individuals, organisations, and experts to submit written submissions by 15 July 2022, with the first meeting scheduled for 2 August 2022. Submissions can be made electronically via the RMA website, by email, or by post, following the guidelines available online.
Scope and Application
The Repatriation Medical Authority (RMA), under section 196G of the Veterans' Entitlements Act 1986 (VEA), has announced its intention to conduct investigations into the contents of Statements of Principles concerning various medical conditions that may be relevant to veterans' pension and compensation claims. The conditions under review include, but are not limited to, albinism, alpha-1 antitrypsin deficiency, anxiety disorder, and various types of malignant neoplasms. These investigations are mandated to ascertain whether there is new information about the causation, contraction, or occurrence of death from these conditions, and to what extent these conditions or deaths might be attributable to war, defence, service injury, service disease, or service death. The scope of the Act applies to individuals who are eligible to make a claim for pension under Part II or Part IV of the VEA, or for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, as well as to organisations representing veterans and other specified groups, and experts in relevant fields. Submissions to the RMA can be made electronically via the RMA website, by email, or by post, with a deadline of 15 July 2022. The investigations will commence with a meeting on 2 August 2022, and the RMA may extend or restrict the application of the Act through subordinate instruments.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) is mandated to conduct investigations to review the contents of Statements of Principles concerning specific medical conditions and diseases that have been linked to military service. These conditions include, but are not limited to, albinism, alpha-1 antitrypsin deficiency, anxiety disorder, and various forms of malignant neoplasm, among others. The Authority's role is to determine whether there is new information available about the conditions or deaths related to them, and the extent to which these conditions may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority has scheduled its first meeting for each investigation on 2 August 2022.
The Authority imposes obligations on several categories of individuals and organisations to participate in these investigations. Eligible claimants for pension under the VEA, claimants for compensation under the Military Rehabilitation and Compensation Act 2004, representatives of veterans and military personnel, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields are all invited to submit written submissions. These submissions must be received by the Authority no later than 15 July 2022. The Authority provides multiple avenues for submission, including the use of its website, email, and postal mail, and offers guidelines to assist with the submission process.
For those who breach the requirements or fail to comply with the obligations set out in the VEA, the legislation does not explicitly state the penalties or consequences. However, non-compliance with statutory obligations in similar contexts can generally lead to administrative actions, legal repercussions, or other civil consequences, depending on the nature and severity of the breach. It is essential for all parties involved to adhere to the specified deadlines and procedures to avoid any potential adverse outcomes.