NOTICE OF INVESTIGATION – RETINAL BURN
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 retinal burn.
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 VEA;
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 7 February 2023.
Under the VEA, the Authority is required to find out whether there is information available about how retinal burn may be suffered or contracted, or death from retinal burn may occur, and the extent to which retinal burn or death from retinal burn may be war-caused, defence-caused, a service injury, a service disease or a service death. Persons and organisations wishing to make a submission can use the RMA website http://www.rma.gov.au/investigations/ to electronically lodge the submission and supporting information. Alternatively, submissions can be sent by email to info@rma.gov.au or posted to the address below. The RMA Submission Guidelines are available online for guidance. The RMA Secretariat may be contacted at the address, telephone number or email address below for further assistance.
All submissions must be in writing and received by the Authority no later than 24 January 2023.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 23/ 12 / 2022 |
Overview
The Veterans' Entitlements Act 1986, enacted in 1986, addresses the entitlements of veterans and their dependants in relation to pensions, compensation, and other benefits. The Repatriation Medical Authority, established under this Act, is tasked with providing expert medical advice on matters relating to the health and wellbeing of veterans. The Authority seeks to identify and determine Statements of Principle concerning specific medical conditions to ensure that veterans receive appropriate entitlements. The Authority's investigation into retinal burn aims to determine whether this condition may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. This initiative seeks to fill the gap in understanding the causes and impacts of retinal burn among veterans, thereby ensuring they receive the necessary support and benefits.
The Repatriation Medical Authority, under the authority of the Parliament of Australia, invites submissions from eligible individuals and organisations to provide insights and evidence on retinal burn. The objective is to gather comprehensive information to inform the Authority's findings and recommendations. All submissions are to be made in writing and submitted by 24 January 2023, either electronically via the RMA website, by email, or by post. The Authority's investigation is scheduled to commence on 7 February 2023, marking an essential step towards addressing the health concerns of veterans and improving their access to entitlements.
Scope and Application
The Repatriation Medical Authority (the Authority) has announced its intention to investigate whether Statements of Principles may be determined in respect of retinal burn under section 196G of the Veterans' Entitlements Act 1986 (the VEA). This investigation is specifically focused on understanding the circumstances in which retinal burn may be suffered or contracted, and the extent to which it may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority's investigation is directed at persons and entities who may have relevant information or expertise, including veterans or their dependents eligible to make claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions can be made electronically, by email, or by post, with a deadline of 24 January 2023. The Authority's investigation extends across the Commonwealth of Australia, with no stated exclusions, exemptions, or thresholds beyond those outlined in the VEA. The scope of the investigation may be extended or restricted through subordinate instruments, although these have not been detailed in the notice.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) under section 196G, as referenced in the Notice of Investigation, mandates the Repatriation Medical Authority (the Authority) to conduct an investigation into retinal burn. This investigation aims to determine whether Statements of Principles can be established regarding retinal burn, which may include its causation, and the extent to which it may be considered war-caused, defence-caused, a service injury, a service disease, or a service death (s196B(4), VEA). The Authority is specifically interested in understanding how retinal burn may be suffered, contracted, or lead to death, and whether these conditions have a link to military service.
Entities and individuals eligible to contribute to this investigation include those who can make claims under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant field expertise. These contributors are invited to submit written submissions, either electronically via the RMA website, by email, or by post, by a deadline of 24 January 2023. The Authority's first meeting for this investigation is scheduled for 7 February 2023.
Under the VEA, the Authority's obligations include gathering and assessing the available information on retinal burn, its potential causes, and its relation to military service. The submissions from the invited parties are crucial for this assessment. The Authority must ensure that the submissions are received by the stipulated date, and it is responsible for reviewing and considering all the submissions in its investigation. Additionally, the Authority is required to provide a platform for these submissions, including online, email, and postal options, and to offer guidelines and support for the submission process.
The Act does not specify any direct offences, penalties, or consequences for failure to comply with the submission requirements for this investigation. However, the investigation itself is a formal process under the VEA, and any findings could have significant implications for the entitlements of veterans, particularly those affected by retinal burn. The outcomes of the investigation may lead to changes in the eligibility criteria for certain benefits under the VEA or the MRCA, depending on the findings regarding the war-relatedness of retinal burn.