NOTICE OF INVESTIGATION – MULTIPLE CONDITIONS – INSTRUMENTS SUNSETTING ON 1 April 2027.
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: | Commenced: |
relapsing polychondritis | 5 & 6 of 2017 | 23 January 2017 |
umbilical hernia | 93 & 94 of 2016 | 28 November 2016 |
spondylolisthesis and spondylolysis | 24 & 25 of 2017 | 27 March 2017 |
complex regional pain syndrome | 97 & 98 of 2016 | 28 November 2016 |
presbyopia | 22 & 23 of 2017 | 27 March 2017 |
hepatitis D | 11 & 12 of 2017 | 23 January 2017 |
hepatitis B | 13 & 14 of 2017 | 23 January 2017 |
ascariasis | 9 & 10 of 2017 | 23 January 2017 |
hookworm disease | 7 & 8 of 2017 | 23 January 2017 |
analgesic nephropathy | 77 & 78 of 2016 | 28 November 2016 |
bruxism | 91 & 92 of 2016 | 28 November 2016 |
haemorrhoids | 3 & 4 of 2017 | 23 January 2017 |
fibromuscular dysplasia | 79 & 80 of 2016 | 28 November 2016 |
acquired cataract | 87 & 88 of 2016 | 28 November 2016 |
female sexual dysfunction | 95 & 96 of 2016 | 28 November 2016 |
animal envenomation | 81 & 82 of 2016 | 28 November 2016 |
schizophrenia | 83 & 84 of 2016 | 28 November 2016 |
malignant neoplasm of brain | 85 & 86 of 2016 | 28 November 2016 |
smallpox | 89 & 90 of 2016 | 28 November 2016 |
cirrhosis of the liver | 1 & 2 of 2017 | 23 January 2017 |
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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 4 February 2025.
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 21 January 2025.
Professor Terence Campbell AM
Chairperson
by and on behalf of
The Repatriation Medical Authority
29 October 2024.
Repatriation Medical Authority
GPO Box 1014, Brisbane, Qld 4001
Telephone: (07) 3815 9404 Email: info@rma.gov.au
Overview
The Repatriation Medical Authority, pursuant to section 196G of the Veterans' Entitlements Act 1986, has announced its intention to investigate various medical conditions listed in specific instruments to determine the extent to which they are war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority is reviewing conditions including relapsing polychondritis, umbilical hernia, spondylolisthesis and spondylolysis, and complex regional pain syndrome, among others. The objective of these investigations is to ensure that the Statements of Principles accurately reflect the latest medical understanding and evidence regarding these conditions, thereby facilitating appropriate entitlements for affected veterans. The Authority invites submissions from eligible individuals, organisations, and experts by 21 January 2025 and will hold its first meeting for each investigation on 4 February 2025. Submissions can be made electronically via the RMA website, by email, or by post, with guidelines available for reference.
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 investigate various medical conditions that may be war-caused, defence-caused, or related to service injuries, diseases, or deaths. This notice specifically pertains to multiple conditions, including relapsing polychondritis, umbilical hernia, spondylolisthesis, complex regional pain syndrome, and others, listed with their corresponding instrument numbers and commencement dates. The Authority invites submissions from individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The first meeting for each investigation is scheduled for 4 February 2025. Submissions must be submitted electronically via the RMA website, by email, or by post, and must be received by 21 January 2025. The Authority's investigation seeks to determine whether new information is available on how these conditions may be suffered, contracted, or lead to death, and the extent to which these conditions or deaths may be attributable to war or service causes.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) is notifying the public of its intention to investigate the contents of Statements of Principles regarding various medical conditions, specifically relapsing polychondritis, umbilical hernia, spondylolisthesis and spondylolysis, complex regional pain syndrome, and others listed in the notice (section 196G(1)). These investigations are intended to review the evidence and determine whether these conditions may be related to service in the Australian Defence Force (ADF) or other specified causes (section 196B(7)). Eligible individuals and organisations, including veterans, military personnel, their dependants, and relevant experts, are invited to submit written evidence by 21 January 2025 to provide their perspectives on these conditions and their potential war-related origins (section 196G(2)).
The Authority imposes specific obligations on those submitting written evidence. Submissions must be in written form and submitted by the stipulated deadline of 21 January 2025. The Authority provides guidelines and an online portal for lodging submissions, and submissions can also be emailed or posted to a specified address (section 196G(2)). Furthermore, the Authority will hold its first meeting for each investigation on 4 February 2025, where the evidence submitted will be considered (section 196G(3)). The Authority’s role is to assess whether new information exists that could alter the understanding of how these conditions are suffered, contracted, or caused by service, and to what extent they might be considered war-caused, defence-caused, a service injury, a service disease, or a service death (section 196B(7)).
Failure to adhere to the requirements of submitting evidence by the specified date and in the prescribed manner could result in the Authority considering only the available documentation without the benefit of the additional insights from submissions. While the notice does not explicitly detail penalties for non-compliance, the overarching intent is to ensure comprehensive and timely input into the investigations, which is critical for the Authority’s assessments and decisions regarding veterans' entitlements. The potential consequences of non-compliance might include the exclusion of potentially relevant evidence from the Authority's review, which could affect the outcome of the investigations and subsequent entitlements of affected veterans.