Overview

The Veterans' Entitlements Act 1986 (VEA) was enacted to address the need for a comprehensive framework to support and compensate veterans and their families for disabilities or death arising from their service. The Act establishes the Repatriation Medical Authority (RMA), which is tasked with determining Statements of Principles regarding various medical conditions to ascertain their potential link to service. The RMA, under section 196G of the VEA, has initiated an investigation into whether trochanteric bursitis of the hip may be determined as war-caused, defence-caused, a service injury, a service disease, or a service death. This investigation aims to gather information on the condition's causation and its relation to military service, thereby ensuring that eligible veterans receive appropriate entitlements and support. The Authority invites submissions from relevant parties, including veterans, organisations representing veterans, and experts in relevant fields, to inform the investigation and its findings.

Scope and Application

The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) has issued a notice of investigation to determine whether Statements of Principles may be made regarding trochanteric bursitis of the hip. This investigation is aimed at establishing whether there is sufficient information available about how trochanteric bursitis may be suffered or contracted, and to what extent it may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from eligible claimants under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. Submissions must be in writing and submitted by 12 September 2014, with the first meeting for the investigation scheduled for 30 September 2014. The notice is applicable to those involved in or affected by veterans' entitlements, including those with knowledge or experience relevant to the condition in question, and the investigation is conducted within the scope of the VEA, potentially extending through subordinate instruments if necessary.

Key Provisions

The notice under section 196G of the Veterans' Entitlements Act 1986 (VEA) indicates that the Repatriation Medical Authority (the Authority) is initiating an investigation into whether Statements of Principles may be determined for trochanteric bursitis of the hip (section 196G). This investigation is intended to determine if there is sufficient information about how trochanteric bursitis of the hip may be contracted or if it can be considered a war-caused, defence-caused, service injury, service disease, or service death (subsection 196B(4)). The Authority is soliciting written submissions from various stakeholders, including veterans eligible for pension or compensation claims, organisations representing veterans or service personnel, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. These submissions are to be received by 12 September 2014, ahead of the first meeting for this investigation on 30 September 2014. The obligations under the VEA require the Authority to thoroughly investigate the potential war-related or service-related causes of trochanteric bursitis of the hip. Stakeholders invited to submit written evidence must adhere to the RMA Submission Guidelines, which are available on the RMA website or by contacting the RMA Secretariat directly. These submissions should provide detailed information that may help the Authority determine whether there is sufficient evidence to warrant a Statement of Principles for this condition. The Authority’s role is to collect, evaluate, and synthesise this information to make an informed decision. Failure to comply with the submission requirements may result in exclusion of the submission from consideration. The Authority has outlined a clear timeline and process for submission, indicating a strict adherence to procedural fairness and due process. Any submissions not received by the specified deadline will not be considered, underscoring the importance of timely and accurate submissions. The Authority’s decision-making process will be based on the information provided, highlighting the critical role of stakeholder input in the investigation. The Act does not explicitly outline specific penalties for non-compliance with the submission requirements; however, the exclusion of late submissions from consideration can be seen as an implicit consequence. Additionally, if the investigation reveals misconduct or fraudulent behaviour in the submission process, there may be further legal ramifications. The severity of any penalties would depend on the nature and extent of the breach, with potential civil or criminal penalties applicable in cases of significant misconduct. The overarching aim is to ensure the integrity of the investigation process and the fairness of the outcomes derived from it.