NOTICE OF INVESTIGATION – MYOCARDITIS
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 an investigation pursuant to subsection 196B(4) of the VEA to find out whether Statements of Principles may be determined in respect of myocarditis.
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 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 this investigation on 8 August 2023.
Under the VEA, the Authority is required to find out whether there is information available about how myocarditis may be suffered or contracted, or death from myocarditis may occur, and the extent to which myocarditis or death from myocarditis 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 25 September 2023.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 30 / 6 / 2023 |
Overview
The Repatriation Medical Authority (the Authority) has announced its intention to investigate the potential for determining Statements of Principle regarding myocarditis under section 196G of the Veterans' Entitlements Act 1986 (VEA). The Authority's initiative seeks to determine whether myocarditis, a heart condition, can be considered war-caused, defence-caused, a service injury, a service disease, or a service death. This announcement was made in the C2023G00744 (Gazette) notice, which was enacted to address the gap in understanding and recognition of myocarditis as a potential consequence of military service. The notice invites submissions from eligible veterans, representatives of veterans, and experts in relevant fields, with a deadline of 25 September 2023, to provide the necessary information for the Authority's investigation. The Authority's first meeting is scheduled for 8 August 2023. The ultimate policy objective is to ensure that veterans suffering from myocarditis receive the recognition and entitlements they deserve.
Scope and Application
The notice issued under Section 196G of the Veterans' Entitlements Act 1986 by the Repatriation Medical Authority (RMA) pertains to an investigation into the potential connection between myocarditis and military service. The scope of this investigation applies to individuals eligible for pension claims under Parts II or IV of the VEA, as well as those eligible for compensation claims under Section 319 of the Military Rehabilitation and Compensation Act 2004. Additionally, it extends to organisations representing various groups including veterans, Australian mariners, and members of military forces, their dependants, and experts in relevant fields. The RMA is soliciting written submissions from these stakeholders to aid in determining whether Statements of Principles should be established regarding myocarditis. The investigation is mandated by subsection 196B(4) of the VEA and will determine if there is sufficient information on how myocarditis may be contracted or lead to death, and the extent to which it may be attributable to military service. Submissions must be submitted by 25 September 2023, either electronically via the RMA website, by email, or by post. This notice exemplifies the RMA's commitment to comprehensively evaluating health conditions that may be linked to military service, ensuring that relevant parties have an opportunity to contribute to the investigation.
Key Provisions
The primary operative sections of the notice are sections 196G and 196B(4) of the Veterans' Entitlements Act 1986 (VEA). Section 196G informs about the Authority's intention to investigate whether Statements of Principles may be determined in respect of myocarditis, while section 196B(4) outlines the process for such an investigation. The notice invites eligible individuals and organisations to make written submissions about the investigation. Submissions can be made electronically, via email or post, and must be received by 25 September 2023.
The obligations imposed by the Act on the parties and entities it governs include the requirement for the Repatriation Medical Authority (the Authority) to investigate whether there is information available about how myocarditis may be suffered or contracted, or death from myocarditis may occur, and the extent to which myocarditis or death from myocarditis may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority must also facilitate the process for receiving written submissions from eligible individuals and organisations, ensuring that all submissions are received by the specified deadline.
The notice does not explicitly outline offences, penalties, or civil/criminal consequences for breach of the Act. However, it does specify the process for making submissions and the deadline for receipt of these submissions. Failure to comply with the submission guidelines or meet the deadline may result in the Authority not considering the submission. It is important to note that the notice is a directive for the investigation process and does not detail the consequences of non-compliance with the investigation process itself.