NOTICE OF INVESTIGATION – PERICARDITIS
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 pericarditis.
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 pericarditis may be suffered or contracted, or death from pericarditis may occur, and the extent to which pericarditis or death from pericarditis 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) under the Veterans' Entitlements Act 1986 has issued a notice of investigation concerning pericarditis, as stated in Section 196G of the Act. The purpose of this investigation is to determine whether Statements of Principle may be established regarding pericarditis. The Authority is mandated by the Act to ascertain if there is any available information regarding how pericarditis may be suffered or contracted, or how death from pericarditis may occur, and to what extent pericarditis or death from pericarditis may be attributable to war-related causes, defence-related causes, service injuries, service diseases, or service deaths. This investigation aims to address gaps in knowledge and policy concerning the medical conditions of veterans. The Authority has invited relevant stakeholders, including eligible claimants, representative organisations, and experts in the field, to submit written evidence by 25 September 2023. Submissions can be made electronically through the RMA website, by email, or by post. The Authority's first meeting for this investigation is scheduled for 8 August 2023.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates the Repatriation Medical Authority (the Authority) to carry out an investigation to ascertain whether Statements of Principle may be determined regarding pericarditis. The investigation focuses on identifying available information on how pericarditis might be suffered or contracted, the causes of death from pericarditis, and the extent to which these conditions or deaths may be linked to war, defence, service injury, service disease, or service death. This Act applies to a range of stakeholders, including individuals eligible for pensions or compensation claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts in relevant fields. The geographic reach of this legislation is national, as it concerns veterans and their entitlements across Australia. The Authority extends invitations to these groups to submit written submissions, with the deadline for submissions set for 25 September 2023. Submissions can be made electronically via the RMA website, by email, or by post, with guidelines available online. The Authority’s first meeting for this investigation is scheduled for 8 August 2023.
Key Provisions
The key provisions of the notice of investigation under Section 196G of the Veterans' Entitlements Act 1986 (VEA) focus on determining whether Statements of Principle may be issued concerning pericarditis (Section 196G). The Repatriation Medical Authority (the Authority) is mandated to investigate whether there is available information about how pericarditis may be contracted or lead to death, and the extent to which these conditions may be attributable to war, defence-related causes, service injuries, diseases, or deaths (Section 196B(4)).
To facilitate this investigation, the Authority invites specific submissions from eligible claimants under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans and related groups, the Repatriation Commission and the Military Rehabilitation and Compensation Commission, as well as individuals with relevant expertise (Section 196G). Submissions can be made electronically via the RMA website, by email, or by post, with a deadline of 25 September 2023. Guidance on submission procedures is available online, and the RMA Secretariat can provide further assistance.
The obligations imposed by this Act on the parties include the requirement for eligible claimants, organisations, and experts to provide written submissions to the Authority by the specified deadline. The Authority is obligated to consider these submissions as part of its investigation into pericarditis. Additionally, the Repatriation Medical Authority must ensure that the investigation is conducted in accordance with the provisions of the VEA and that any findings are reported appropriately.
Failure to comply with the requirements of this notice, such as not submitting required information by the deadline, may lead to civil or criminal consequences as per the relevant sections of the VEA. While the specific penalties for non-compliance are not detailed in this notice, penalties for breaches of the VEA can include fines and other legal repercussions as stipulated by the Act. The maximum penalties would be determined by the specific breaches and the discretion of the court or relevant authority.