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, pursuant to subsection 196B(7A) of the VEA, it intends to carry out an investigation in respect of "a threatening, hostile, hazardous and/or menacing situation and/or environment" as a factor in the following conditions:
Condition: Instrument Nos.:
Alcohol use disorder | 1 & 2 of 2009, as amended by 29 & 30 of 2014 |
Substance use disorder | 3 & 4 of 2009, as amended by 31 & 32 of 2014 |
Bipolar disorder | 27 & 28 of 2009 |
Panic disorder | 68 & 69 of 2009 |
Schizophrenia | 15 of 2009, as amended by 93 of 2011, & 16 of 2009 |
Suicide and attempted suicide | 11 & 12 of 2010 |
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 6 August 2014.
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 provided.
All submissions must be in writing and received by the Authority at the address provided no later than 18 July 2014.
The Common Seal of the )
Repatriation Medical Authority )
was affixed in the presence of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 14/03/2014
Overview
The Repatriation Medical Authority (the Authority) has given notice of an investigation under section 196G of the Veterans' Entitlements Act 1986, which was enacted to address the various health conditions and circumstances faced by veterans. This notice, issued under subsection 196B(7A) of the VEA, is intended to explore how "a threatening, hostile, hazardous and/or menacing situation and/or environment" might factor into the development of specific conditions such as alcohol use disorder, substance use disorder, bipolar disorder, panic disorder, schizophrenia, and suicide or attempted suicide. This investigation aims to enhance the understanding and assessment of these conditions within the veteran community. The Authority has invited written submissions from eligible veterans, organisations representing veterans, and experts in relevant fields to contribute to this investigation, which will commence on 6 August 2014. The deadline for submission of written contributions is 18 July 2014, and detailed guidelines for submissions are available on the RMA website or through the RMA Secretariat.
Scope and Application
The notice issued by the Repatriation Medical Authority under section 196G of the Veterans' Entitlements Act 1986 pertains to an investigation concerning the impact of threatening, hostile, hazardous and/or menacing situations and/or environments on specific conditions, including alcohol use disorder, substance use disorder, bipolar disorder, panic disorder, schizophrenia, and suicide and attempted suicide. This investigation is directed towards individuals eligible to claim pensions or compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, as well as organisations representing veterans and their dependants, including the Repatriation Commission and the Military Rehabilitation and Compensation Commission. Additionally, the Authority seeks submissions from individuals with expertise relevant to the investigation. The notice mandates that all written submissions be submitted to the Authority by 18 July 2014, ahead of the first meeting on 6 August 2014. The scope of this investigation is national, extending across all jurisdictions in Australia, as it pertains to veterans and their dependants throughout the country.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) section 196G mandates that the Repatriation Medical Authority (the Authority) must notify the public about its intention to investigate certain conditions, specifically Alcohol use disorder (Instrument Nos. 1 & 2 of 2009, as amended), Substance use disorder (Instrument Nos. 3 & 4 of 2009, as amended), Bipolar disorder (Instrument Nos. 27 & 28 of 2009), Panic disorder (Instrument Nos. 68 & 69 of 2009), Schizophrenia (Instrument Nos. 15 of 2009, as amended), and Suicide and attempted suicide (Instrument Nos. 11 & 12 of 2010). The investigation pertains to the influence of "a threatening, hostile, hazardous and/or menacing situation and/or environment" on these conditions. The Authority requests written submissions from relevant parties, including veterans eligible for pension or compensation claims, representatives of veterans, and experts in relevant fields. Submissions must be received by 18 July 2014.
The VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) impose specific obligations on the Authority and relevant parties. The Authority must conduct the investigation and consider submissions from eligible individuals and organisations. Eligible individuals and organisations must provide written submissions by the specified deadline. This process ensures that the investigation is comprehensive and considers diverse perspectives, including those from veterans and experts. The Repatriation Commission and Military Rehabilitation and Compensation Commission are also expected to participate in the investigation process, contributing their insights and expertise.
Under the VEA, breaches of the provisions related to the submission of required information or failure to comply with the notice and investigation process can lead to legal consequences. While the exact penalties are not detailed in the notice, penalties for non-compliance with legislative requirements in similar contexts can include fines and, in severe cases, criminal charges. The specific penalties would depend on the nature and severity of the breach, as well as any relevant precedents set by courts. It is essential for all parties to adhere strictly to the requirements outlined in the notice to avoid potential legal repercussions.