Notice of Investigation - Repatriation Medical Authority - Depressive Disorder

Overview

The Repatriation Medical Authority, established under the Veterans' Entitlements Act 1986, has issued a notice of investigation to review the contents of Statements of Principles Instrument Nos. 27 and 28 of 2008, as amended by Instrument Nos. 40 and 41 of 2010, concerning depressive disorder. This investigation is being conducted to determine if there is new information available about how depressive disorder may be suffered, contracted, or lead to death, and to what extent these conditions or deaths may be attributed to war, defence service, or service-related injuries or diseases. The Authority invites relevant individuals and organisations to submit written submissions by 12 September 2014, to aid in the review process. This investigation aims to ensure that the information underpinning veterans' entitlements is current and accurate, thereby fulfilling the legislative mandate to provide appropriate support and recognition for service-related health issues.

Scope and Application

The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, has issued a notice of its intention to conduct an investigation into the contents of Statements of Principles Instrument Nos. 27 and 28 of 2008, as amended by Instrument Nos. 40 and 41 of 2010, focusing on depressive disorder. This notice is applicable to specific individuals and entities, including those eligible to make claims for pensions or compensation under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals possessing expertise relevant to the investigation. The investigation is intended to ascertain whether new information exists regarding the causes and occurrences of depressive disorder, particularly in relation to its war-caused, defence-caused, service injury, service disease, or service death status. Submissions are invited from interested parties and must be received by the Authority by 12 September 2014. The scope of this investigation is confined to the Commonwealth jurisdiction and does not extend to state or territory laws unless otherwise specified in subordinate instruments.

Key Provisions

Section 196G of the Veterans' Entitlements Act 1986 (VEA) outlines the process for the Repatriation Medical Authority (the Authority) to carry out an investigation. Specifically, section 196G(1) provides that the Authority intends to investigate the contents of Statements of Principles Instrument Nos. 27 & 28 of 2008, as amended by Instrument Nos. 40 & 41 of 2010, concerning depressive disorder. The purpose of this investigation is to determine whether new information is available about how depressive disorder may be suffered or contracted, or death from depressive disorder may occur, and the extent to which depressive disorder or death from depressive disorder may be war-caused, defence-caused, a service injury, a service disease or a service death. The Authority, under the VEA, has certain obligations in conducting this investigation. Section 196G(2) requires the Authority to invite eligible individuals and organisations to make written submissions. These include persons eligible to make a claim for pension under Part II or Part IV of the VEA, persons eligible to make a claim for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations 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 persons with expertise in a field relevant to the investigation. Section 196G(3) specifies that submissions must be received by the Authority no later than 12 September 2014, and directs interested parties to obtain the RMA Submission Guidelines from the RMA website or by contacting the RMA Secretariat. The VEA imposes obligations on the Authority to ensure that the investigation is conducted in a manner that is transparent and fair. Section 196G(4) mandates that the Authority hold its first meeting for the purposes of this investigation on 1 October 2014, providing an opportunity for the Authority to consider submissions received and to initiate the investigation process. The Authority is also required to consider the submissions made and to take them into account when conducting the investigation. The Authority is bound by the legislative provisions and must ensure that its actions are consistent with the requirements of the VEA. The VEA does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the Authority may face legal challenges or other consequences if it fails to conduct the investigation in accordance with the VEA. The Authority must ensure that it adheres to the legislative requirements and considers all submissions made to it in a fair and transparent manner. Failure to do so may result in legal challenges or other consequences, such as a review of the investigation process by a court or tribunal. The maximum penalties for breaches of the VEA are not specified in the notice of investigation but may be found in other sections of the Act.