NOTICE OF INVESTIGATION – MULTIPLE CONDITIONS – INSTRUMENTS SUNSETTING ON 1 OCTOBER 2024
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.: |
Hodgkin's lymphoma | 35 & 36 of 2014 |
chronic obstructive pulmonary disease | 37 & 38 of 2014, as amended |
malignant neoplasm of the thyroid gland | 39 & 40 of 2014, as amended |
acute stress disorder | 41 & 42 of 2014, as amended |
mitral valve prolapse | 43 & 44 of 2014 |
pleural plaque | 45 & 46 of 2014 |
atrial fibrillation and atrial flutter | 49 & 50 of 2014 |
otitis media | 51 & 52 of 2014, as amended |
malignant neoplasm of the prostate | 53 & 54 of 2014, as amended |
malignant neoplasm of the stomach | 58 & 59 of 2014, as amended |
melioidosis | 60 & 61 of 2014 |
lumbar spondylosis | 62 & 63 of 2014, as amended |
thoracic spondylosis | 64 & 65 of 2014, as amended |
cervical spondylosis | 66 of 2014, as amended & 67 of 2014 |
hiatus hernia | 68 & 69 of 2014 |
warts | 70 & 71 of 2014 |
peripheral neuropathy | 74 & 75 of 2014 |
Creutzfeldt-Jakob disease | 76 & 77 of 2014 |
vascular dementia | 78 & 79 of 2014 |
malignant neoplasm of unknown primary site | 80 & 81 of 2014, as amended |
posttraumatic stress disorder | 82 & 83 of 2014, as amended |
chronic lymphocytic leukaemia/small lymphocytic lymphoma | 84 of 2014, as amended & 85 of 2014 |
intervertebral disc prolapse | 43 & 44 of 2016, as amended |
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 15 February 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 28 January 2022.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 22 / 10 / 2021 |
Overview
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (the VEA) has issued a notice of investigations concerning multiple medical conditions that have been previously listed in Statements of Principles. The purpose of these investigations is to review the contents of these Statements to determine if there is any new information regarding how these conditions may be suffered, contracted, or if there are changes in the understanding of their war-caused, defence-caused, service injury, service disease, or service death aspects. The Authority intends to conduct these investigations to ensure that the entitlements and compensation provided to veterans are based on the most current and accurate medical understanding. This initiative was introduced to address gaps in the current medical understanding and to provide a fair and updated assessment of the conditions listed. All interested parties, including veterans, organisations representing veterans, and experts in relevant fields, are invited to submit written submissions by 28 January 2022.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 has announced its intention to conduct investigations into the contents of Statements of Principles concerning a range of specific medical conditions that have been listed, including Hodgkin's lymphoma, chronic obstructive pulmonary disease, and others. These investigations are aimed at determining whether there is new information about how these conditions may be contracted or whether they may be related to war or defence service. The Authority has specified that the investigation will cover conditions detailed in various instruments, each identified by specific numbers, with some instruments having been amended over time. Eligible persons, such as those who may claim pension or compensation under relevant Acts, and organisations representing veterans or having relevant expertise, are invited to make written submissions by 28 January 2022. Submissions can be made electronically through the RMA website or via email or post, and the Authority will hold its first meeting for each investigation on 15 February 2022. This legislative action is specific to the Commonwealth of Australia and involves reviewing and potentially updating medical criteria for veterans' claims.
Key Provisions
The main operative sections of this notice, under section 196G of the Veterans' Entitlements Act 1986 (VEA), require the Repatriation Medical Authority (the Authority) to investigate various conditions that may be related to military service. These conditions include Hodgkin's lymphoma, chronic obstructive pulmonary disease, malignant neoplasm of the thyroid gland, acute stress disorder, and others as listed (sections 196G and 196B(7) of the VEA). The investigations will focus on whether there is new information about how these conditions may be contracted, suffered from, or result in death, and the extent to which they may be war-caused, defence-caused, a service injury, a service disease, or a service death.
The Authority imposes specific obligations on the parties and entities it governs. Eligible individuals and organisations are invited to make written submissions by 28 January 2022, regarding any of the investigations. These include persons eligible for a pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans or their dependants, and experts in relevant fields. Submissions can be lodged electronically via the RMA website or sent by email or post, following the RMA Submission Guidelines. The first meeting for each investigation will be held on 15 February 2022.
Breaching the requirements set out in this notice can lead to civil or criminal consequences. While the notice does not explicitly state penalties for non-compliance, failure to submit required information within the specified timeframe could potentially result in the exclusion of relevant evidence from the investigation or other administrative actions. Additionally, if the Authority finds that there has been deliberate non-compliance or misrepresentation of facts, further legal action could be taken under the relevant Acts. The exact penalties would depend on the nature and severity of the breach, as outlined in the respective legislative frameworks.