NOTICE OF INVESTIGATION
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 discoid lupus erythematosus.
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 Veterans' Entitlements Act 1986;
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 14 April 2015.
Under the VEA, the Authority is required to find out whether there is information available about how discoid lupus erythematosus may be suffered or contracted, or death from discoid lupus erythematosus may occur, and the extent to which discoid lupus erythematosus or death from discoid lupus erythematosus may be war-caused, defence-caused, a service injury, a service disease or a service death. Persons and organisations wishing to make a submission should obtain a copy of the RMA Submission Guidelines from the RMA website [www.rma.gov.au] or by contacting the RMA Secretariat at the address or telephone number below.
All submissions must be in writing and received by the Authority at the address below no later than 27 March 2015.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 17 / 10 /2014
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted by the Parliament of Australia to provide a legislative framework for the entitlements of veterans, their families, and other eligible persons. The VEA addresses various aspects of veterans' benefits, including pensions, compensation, and other forms of support. In response to evolving needs and emerging issues affecting veterans, the Act was amended over the years to address gaps and problems in the provision of entitlements. The 2014 notice of investigation by the Repatriation Medical Authority (RMA) under section 196G of the VEA exemplifies the Act's ongoing commitment to adapt and respond to new medical and service-related concerns that may impact veterans' entitlements. The policy objective of this investigation is to ascertain whether Statements of Principle should be determined in respect of discoid lupus erythematosus, thereby ensuring that any war-related or defence-caused conditions are appropriately recognised and supported under the provisions of the VEA.
Scope and Application
The notice under section 196G of the Veterans' Entitlements Act 1986 (VEA) from the Repatriation Medical Authority (RMA) pertains to an investigation into whether Statements of Principle may be determined in respect of discoid lupus erythematosus. The investigation is aimed at determining whether there is information available regarding how discoid lupus erythematosus may be suffered or contracted, the extent to which it may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from various stakeholders, including individuals eligible to claim pensions or compensation, organisations representing veterans or relevant groups, the Repatriation Commission or Military Rehabilitation and Compensation Commission, and experts in fields relevant to the investigation. Submissions must be in writing and received by the RMA no later than 27 March 2015. The notice extends an invitation for participation in the investigation to a broad range of entities and individuals, ensuring a comprehensive examination of the subject matter in accordance with the provisions of the VEA.
Key Provisions
The main operative sections of this legislation under the Veterans' Entitlements Act 1986 (VEA) involve the Repatriation Medical Authority (RMA) initiating an investigation into whether Statements of Principles may be determined in respect of discoid lupus erythematosus (section 196G). Specifically, this investigation aims to determine if there is available information on how discoid lupus erythematosus may be suffered or contracted, or how death from this condition may occur, and to what extent it may be war-caused, defence-caused, a service injury, a service disease, or a service death (section 196B(4)). The RMA is required to consider submissions from eligible claimants, organisations representing veterans and their dependants, relevant Commissions, and experts in relevant fields.
The obligations and requirements imposed by the Act include the duty of the RMA to gather and consider written submissions from various stakeholders. Eligible claimants and organisations have the opportunity to provide written submissions by 27 March 2015. These submissions must adhere to the guidelines available on the RMA website or obtainable directly from the RMA Secretariat. The RMA is mandated to hold its first meeting for this investigation on 14 April 2015, ensuring a structured process for evaluating the evidence and information presented.
The legislation does not explicitly mention any specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the failure to comply with the submission guidelines or deadlines could potentially impact the consideration of the submissions, thereby affecting the outcomes of the investigation. The emphasis is on providing a thorough and transparent process for stakeholders to contribute to the investigation, rather than imposing punitive measures for non-compliance.
In summary, section 196G of the Veterans' Entitlements Act 1986 outlines the RMA's role in investigating discoid lupus erythematosus, requiring submissions from relevant parties by a specified date. The obligations focus on the procedural requirements for gathering and considering these submissions, with an emphasis on inclusivity and transparency. While the Act does not detail specific penalties for non-compliance, adherence to the guidelines and deadlines is crucial for the effective conduct of the investigation.