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 optochiasmatic arachnoiditis.
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 optochiasmatic arachnoiditis may be suffered or contracted, or death from optochiasmatic arachnoiditis may occur, and the extent to which optochiasmatic arachnoiditis or death from optochiasmatic arachnoiditis 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 Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, has announced an investigation into whether Statements of Principles should be determined in relation to optochiasmatic arachnoiditis. This investigation seeks to determine whether there is sufficient information available about the causes and circumstances of optochiasmatic arachnoiditis, including whether it may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority has invited submissions from various stakeholders, including eligible claimants, representative organisations, and experts, to provide their insights and information. The first meeting for this investigation is scheduled for 14 April 2015, and submissions must be received by the Authority no later than 27 March 2015. This initiative aims to address any gaps in the understanding of optochiasmatic arachnoiditis in the context of veterans' entitlements and to ensure that appropriate provisions are made for those affected.
Scope and Application
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (the VEA) has issued a notice regarding an investigation into whether Statements of Principles can be determined in relation to optochiasmatic arachnoiditis. The Act applies to individuals who are eligible to claim pensions under Parts II or IV of the VEA, those eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and other relevant groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with expertise pertinent to the investigation. The investigation is geographically and jurisdictionally within the Commonwealth of Australia. The Authority invites submissions from relevant parties, which must be submitted in writing and received by 27 March 2015. The Authority will convene its first meeting for this investigation on 14 April 2015. The scope of the investigation is to determine if there is available information on how optochiasmatic arachnoiditis may be suffered or contracted, the extent to which it may be war-caused or defence-caused, and whether it qualifies as a service injury, service disease, or service death.
Key Provisions
The main operative sections of the Notice of Investigation, pursuant to section 196G of the Veterans' Entitlements Act 1986 (VEA), mandate that the Repatriation Medical Authority (RMA) is to conduct an investigation into whether Statements of Principles may be determined in respect of optochiasmatic arachnoiditis (section 196B(4)). The RMA is required to determine if there is information available about how optochiasmatic arachnoiditis 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 (section 196G). This investigation seeks to ascertain the conditions under which veterans and service personnel might develop this condition, and whether it falls within the scope of entitlements provided by the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA).
The obligations imposed on parties or entities governed by this Act include the requirement for eligible individuals and organisations to submit written statements by a specified deadline. Specifically, individuals eligible to claim pensions or compensation under the VEA or MRCA, organisations representing veterans and related groups, and the Repatriation Commission or Military Rehabilitation and Compensation Commission are invited to provide written submissions. Additionally, any person with expertise in a relevant field is also encouraged to contribute. The RMA has specified that all submissions must be in writing and received by 27 March 2015. The RMA provides guidelines for submissions and contact details for further information on their website or via direct contact.
The Notice of Investigation also outlines potential consequences for non-compliance with the provisions of the VEA. However, the Notice does not explicitly state any civil or criminal penalties for failing to submit written submissions by the specified deadline. It is implied that failure to comply with the statutory requirements could result in the RMA not considering relevant submissions, potentially impacting the outcome of the investigation. For breaches of other provisions of the VEA, penalties can include fines and imprisonment, though these are not detailed within the scope of this particular Notice. The overarching objective is to ensure that the investigation is thorough and inclusive of all relevant stakeholder perspectives.