NOTICE OF INVESTIGATION – PLANTAR FIBROMATOSIS
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 plantar fibromatosis.
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 7 February 2023.
Under the VEA, the Authority is required to find out whether there is information available about how plantar fibromatosis may be suffered or contracted, or death from plantar fibromatosis may occur, and the extent to which plantar fibromatosis or death from plantar fibromatosis 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 24 January 2023.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 23 / 12 / 2022 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted by the Parliament of Australia to provide various benefits and entitlements to veterans, their families, and others affected by military service. The legislation was introduced to address the need for comprehensive support and recognition for individuals who have served in the Australian Defence Force, including addressing medical conditions and disabilities that may arise from their service. The Repatriation Medical Authority (the Authority) has been established under this Act to determine whether certain medical conditions, such as plantar fibromatosis, are related to military service. In this context, the Authority aims to investigate the potential connection between plantar fibromatosis and military service, and to determine if Statements of Principles should be established to recognise this link. The Authority invites submissions from relevant individuals, organisations, and experts to gather information and perspectives to inform its investigation. The policy objective of this investigation is to ensure that veterans and their families receive appropriate support and recognition for service-related conditions, including plantar fibromatosis.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) is conducting an investigation to determine if Statements of Principles should be made concerning plantar fibromatosis. This Act applies to individuals eligible for a pension under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependents, and experts in relevant fields. The Authority invites written submissions from these parties, with the first meeting scheduled for 7 February 2023. Submissions can be made electronically via the RMA website, by email, or by post, and must be received by 24 January 2023. The Authority is mandated to ascertain the nature, causes, and extent of plantar fibromatosis in relation to military service, encompassing its occurrence, war-related causation, and the potential for it to be classified as a service injury, disease, or death.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) outlines the Repatriation Medical Authority's (the Authority) intention to investigate the possibility of Statements of Principles being determined for plantar fibromatosis (subsection 196B(4)). This investigation aims to gather information on whether plantar fibromatosis or death from it may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites eligible individuals, organisations, and experts to submit written evidence by 24 January 2023, either electronically, by email, or by post. Submissions should follow the RMA Submission Guidelines available online, and further assistance can be obtained through the RMA Secretariat.
The obligations imposed by the Act on the parties or entities it governs are to provide written submissions to the Authority by the specified deadline. Eligible persons and organisations, including those eligible to make claims for pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), representatives of veterans and other military personnel, and individuals with relevant expertise, are encouraged to contribute their insights. The Repatriation Commission and the Military Rehabilitation and Compensation Commission are also invited to participate. All submissions must be in writing and include any supporting information to aid the investigation.
The Act does not explicitly mention specific offences, penalties, or civil/criminal consequences for failing to comply with the notice of investigation or the submission requirements. However, non-compliance may impact the Authority's ability to make informed decisions about determining Statements of Principles for plantar fibromatosis, potentially affecting the entitlements of veterans and their families. The severity of consequences would depend on the context and the discretion of the Authority, rather than strict legal penalties outlined in the Act.