NOTICE OF INVESTIGATION – MULTIPLE CONDITIONS – INSTRUMENTS SUNSETTING ON 16 November 2025, 25 January 2026 and 4 April 2026,
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: |
Non-melanotic malignant neoplasm of the skin | 7 & 8 of 2016 | 4 April 2016 |
External bruise | 5 & 6 of 2016 | 25 January 2016 |
Ischaemic heart disease | 1 & 2 of 2016 | 25 January 2016 |
Adjustment disorder | 23 & 24 of 2016 | 4 April 2016 |
Malignant neoplasm of the endometrium | 11 & 12 0f 2016 | 4 April 2016 |
Loss of teeth | 124 & 125 of 2015 | 16 November 2015 |
Eating disorder | 13 & 14 of 2016 | 4 April 2016 |
Lyme disease | 25 & 26 of 2016 | 4 April 2016 |
Peritoneal adhesions | 3 & 4 of 2016 | 25 January 2016 |
Discoid lupus erythematosus | 126 & 127 of 2015 | 16 November 2015 |
Dental caries | 122 & 123 of 2015 | 16 November 2015 |
Benign prostatic hyperplasia | 17 & 18 of 2016 | 4 April 2016 |
Myopia, hypermetropia and astigmatism | 9 & 10 of 2016 | 4 April 2016 |
Malignant neoplasm of the oesophagus | 120 & 121of 2015 | 16 November 2015 |
Polymyalgia rheumatic | 19 & 20 of 2016 | 4 April 2016 |
Diverticular disease of the colon | 15 & 16 of 2016 | 4 April 2016 |
Systemic lupus erythematosus | 21 & 22 of 2016 | 4 April 2016 |
Pterygium | 116 & 117 of 2015 | 16 November 2015 |
Pinguecula | 118 & 119 of 2015 | 16 November 2015 |
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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 6 February 2024.
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 23 January 2024.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 7 / November / 2023 |
Overview
The Repatriation Medical Authority (RMA), pursuant to section 196G of the Veterans' Entitlements Act 1986, has issued a notice of investigation to review the contents of Statements of Principles concerning several medical conditions affecting veterans, including non-melanotic malignant neoplasm of the skin, ischaemic heart disease, adjustment disorder, malignant neoplasm of the endometrium, and loss of teeth, among others. This initiative seeks to determine if there is new information about how these conditions may be suffered, contracted, or result in death, and the extent to which they may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from eligible individuals, relevant organisations, and experts by 23 January 2024, with the first meeting for these investigations scheduled for 6 February 2024. The policy objective is to ensure that veterans receive appropriate recognition and benefits for their service-related health conditions.
The Veterans' Entitlements Act 1986, enacted by the Australian Parliament, was designed to provide a comprehensive framework for the entitlements of veterans, including health care, pensions, and compensation. The Act aims to address the unique needs of veterans and their families by recognising and compensating for conditions that may arise from their service. The RMA, established under this Act, plays a crucial role in assessing and reviewing the conditions listed in the Statements of Principles to ensure that the legislative intent is upheld and that veterans are justly compensated for their service-related ailments. The investigations announced under section 196G are a part of this ongoing effort to maintain and update the understanding of service-related conditions, thereby ensuring the relevance and effectiveness of the legislative provisions.
Scope and Application
The notice under Section 196G of the Veterans' Entitlements Act 1986 (VEA) by the Repatriation Medical Authority (the Authority) pertains to an investigation into various medical conditions potentially linked to military service. The Authority intends to review Statements of Principles concerning specified conditions, including non-melanotic malignant neoplasm of the skin, external bruise, ischaemic heart disease, adjustment disorder, and others, to determine if there is new information about how these conditions may be contracted or if they are war-caused, defence-caused, a service injury, a service disease, or a service death. This investigation applies to individuals eligible to make claims under Part II or Part IV of the VEA, claimants under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, and persons with relevant expertise. The scope of this investigation is national and operates within the framework of the Commonwealth of Australia. The Authority extends invitations for written submissions from interested parties, which can be submitted electronically, by email, or by post, with a deadline of 23 January 2024. This investigation is instrumental in potentially expanding the eligibility criteria for veterans seeking benefits related to their service.
Key Provisions
The key operative sections of this notice pertain to the investigations the Repatriation Medical Authority (the Authority) intends to conduct under section 196G of the Veterans' Entitlements Act 1986 (VEA) (section 196G). These investigations aim to review the contents of Statements of Principles concerning specific medical conditions, such as non-melanotic malignant neoplasm of the skin and ischaemic heart disease, among others (section 196B(7)). The Authority is required to ascertain whether there is new information available about how these conditions may be suffered or contracted, or how death from these conditions may occur, and the extent to which they may be war-caused, defence-caused, a service injury, a service disease, or a service death (section 196G).
The obligations imposed by the Act on the parties or entities it governs include the requirement for the Authority to carry out these investigations and to invite written submissions from eligible persons and organisations (section 196G). Eligible persons and organisations include those eligible to make a claim for pension or compensation, organisations representing veterans and related groups, and experts in relevant fields. Submissions must be in writing and received by the Authority no later than 23 January 2024 (section 196G).
There are no specific offences, penalties, or civil/criminal consequences mentioned in this notice for breaches of the Act. However, the Authority is responsible for ensuring that the investigations are conducted in accordance with the provisions of the VEA. Failure to comply with the requirements of the VEA or the notice could potentially lead to legal challenges or administrative actions. The maximum penalties for breaches of the VEA are not specified in this notice, but they would typically be outlined in the relevant sections of the Act itself.