NOTICE OF INVESTIGATION – PORTAL VEIN THROMBOSIS
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 portal vein thrombosis.
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 December 2021.
Under the VEA, the Authority is required to find out whether there is information available about how portal vein thrombosis may be suffered or contracted, or death from portal vein thrombosis may occur, and the extent to which portal vein thrombosis or death from portal vein thrombosis 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 19 November 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 1 / 10 / 2021 |
Overview
The Veterans' Entitlements Act 1986 was enacted to provide a legislative framework for the entitlements of veterans, including pensions and compensation. The Act was introduced to address the need for a comprehensive system to support veterans and their families by ensuring they receive the benefits and services they are entitled to. This includes addressing health issues that may arise from their service, such as portal vein thrombosis. The Commonwealth Parliament is the enacting body responsible for this legislation. The policy objective behind the Act is to ensure that veterans are appropriately recognised and compensated for any injuries or diseases that result from their service.
In 2021, the Repatriation Medical Authority (the Authority), under the auspices of the Veterans' Entitlements Act 1986, issued a notice of investigation regarding portal vein thrombosis. This initiative seeks to determine whether Statements of Principles may be applicable to this condition, exploring its potential causes and connections to service. The Authority is inviting submissions from relevant stakeholders, including veterans, organisations representing service personnel, and experts in relevant fields, to aid in this investigation. The aim is to gather comprehensive information to better understand and address the health implications for veterans.
Scope and Application
The notice issued by the Repatriation Medical Authority under section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to an investigation into whether Statements of Principles can be determined in respect of portal vein thrombosis. This investigation applies to various eligible individuals and entities, including persons who can claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or Military Rehabilitation and Compensation Commission, and experts in relevant fields. The aim of the investigation is to gather information on how portal vein thrombosis may be contracted, the causes of death from portal vein thrombosis, and whether such conditions or deaths can be attributed to war-related causes, defence-related causes, service injuries, service diseases, or service deaths. Submissions for the investigation can be made electronically, by email, or by post, with a deadline of 19 November 2021. The scope of the investigation is governed by the provisions of the VEA, and the Authority may extend or restrict its application through subordinate instruments as necessary.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) outlines the process for investigating whether Statements of Principle can be determined for portal vein thrombosis. The Repatriation Medical Authority (RMA) is mandated by this section to investigate the potential connection between portal vein thrombosis and war, defence, service injuries, diseases, or deaths. The RMA invites various stakeholders, including those eligible to claim pensions or compensation, organisations representing relevant groups, the Repatriation and Military Rehabilitation Commissions, and experts in relevant fields, to submit written submissions on the matter. These submissions must be received by the RMA no later than 19 November 2021.
The obligations placed on the parties involved are clear: eligible claimants, representative organisations, and experts must prepare and submit written submissions by the specified deadline. The RMA is responsible for conducting the investigation and determining whether portal vein thrombosis can be classified under the categories mentioned. The Repatriation and Military Rehabilitation Commissions may also be required to provide input. The RMA provides clear instructions on how to submit these written submissions, either electronically via their website, by email, or by post, and includes guidelines to assist in the preparation of these submissions.
Under the VEA, the consequences for non-compliance with the submission requirements or other provisions of the Act can be significant. The RMA is authorised to investigate thoroughly, and any failure to submit required information or to comply with the stipulated deadlines could potentially impact the outcomes of the investigation. While the specific penalties for non-compliance are not detailed in this notice, it is understood that breaches of legislative requirements can lead to legal ramifications. The RMA is empowered to enforce compliance and may take action against those who fail to meet their obligations under the Act.
The notice also specifies the first meeting date for this investigation, which is 8 December 2021, and provides the contact details for the RMA Secretariat to assist with any inquiries. The RMA's role in facilitating this process underscores the importance of accurate and timely submissions to ensure that all relevant information is considered in the investigation. The RMA's commitment to transparency and stakeholder engagement is evident in the detailed instructions and support provided for making submissions.