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 x-linked myopathy with excessive autophagy.
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 10 February 2015.
Under the VEA, the Authority is required to find out whether there is information available about how x-linked myopathy with excessive autophagy may be suffered or contracted, or death from x-linked myopathy with excessive autophagy may occur, and the extent to which x-linked myopathy with excessive autophagy or death from x-linked myopathy with excessive autophagy 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 23 January 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 was enacted to provide various benefits and entitlements to veterans and their families. The Repatriation Medical Authority, under section 196G of the Act, has announced its intention to conduct an investigation into whether Statements of Principles can be determined for x-linked myopathy with excessive autophagy. This investigation aims to ascertain if this condition, or death from it, can be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from relevant individuals and organisations, including those eligible to claim under the Act, representatives of veterans and their dependants, and experts in the relevant field. The first meeting for this investigation is scheduled for 10 February 2015, and all written submissions must be received by 23 January 2015. This initiative reflects the policy objective of ensuring that veterans receive appropriate recognition and support for conditions potentially linked to their service.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) applies to individuals who are eligible to make a claim for pension or compensation under its provisions, including veterans, Australian mariners, members of the Forces, members of the Peacekeeping Forces, and their dependants. Additionally, the Act extends to organisations representing these groups and the relevant Commissions, namely the Repatriation Commission and the Military Rehabilitation and Compensation Commission. The Repatriation Medical Authority (RMA) under the VEA is mandated to investigate whether Statements of Principles can be determined for specific medical conditions, such as x-linked myopathy with excessive autophagy, and whether these conditions may be attributable to war, defence service, or other service-related causes. The investigation is conducted nationally, with the RMA inviting submissions from relevant parties, including experts in fields pertinent to the investigation. The Act's provisions are subject to Commonwealth jurisdiction and may be further defined or restricted through subordinate instruments issued by the RMA. Submissions for this particular investigation must be submitted in writing by 23 January 2015 to the RMA, with detailed guidelines available on their website or through direct contact with the RMA Secretariat.
Key Provisions
The Notice of Investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) informs stakeholders that the Repatriation Medical Authority (the Authority) plans to investigate the possibility of determining Statements of Principles regarding x-linked myopathy with excessive autophagy. This investigation aims to ascertain if this condition may be war-caused, defence-caused, a service injury, a service disease, or a service death. Section 196B(4) of the VEA mandates such inquiries when new medical conditions are brought to the Authority's attention. The Authority invites specific entities and individuals to provide written submissions, including veterans eligible for claims under the VEA and MRCA, representatives of veterans and other military personnel, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. These submissions are crucial for informing the Authority's findings and must adhere to the RMA Submission Guidelines, available from the RMA website or by contacting the RMA Secretariat.
The obligations imposed by this Notice are primarily on those invited to submit information. Eligible individuals and organisations must prepare and submit their written submissions by 23 January 2015, ensuring they address the scope and potential implications of x-linked myopathy with excessive autophagy as it relates to service personnel. This requirement underscores the importance of stakeholder input in the investigative process. Additionally, the Authority must conduct its investigation diligently, ensuring it examines all relevant information and considers all submissions before reaching its determination. The Authority's commitment to transparency and inclusivity is evident in its solicitation of diverse perspectives to inform its decision-making process.
Failure to comply with the requirements outlined in the Notice may have significant consequences. While the Notice does not explicitly detail offences or penalties for non-compliance, it is implicit that the Authority may not be able to consider submissions received after the specified deadline, potentially affecting the thoroughness and fairness of its investigation. Additionally, any entity failing to meet its obligations under the VEA in the context of this investigation could face scrutiny or adverse findings in future legislative or administrative proceedings. The overarching principle is that all involved parties must act in good faith and within the stipulated timelines to ensure the integrity of the investigation.