NOTICE OF INVESTIGATION – TARDIVE DYSKINESIA
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 tardive dyskinesia.
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 6 June 2023.
Under the VEA, the Authority is required to find out whether there is information available about how tardive dyskinesia may be suffered or contracted, or death from tardive dyskinesia may occur, and the extent to which tardive dyskinesia or death from tardive dyskinesia 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 1 June 2023.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 28/4/ 2023 |
Overview
The Veterans' Entitlements Act 1986 was enacted by the Australian Parliament to provide a comprehensive framework for entitlements and benefits for veterans and their families. This Act was introduced to address the needs of veterans, including access to healthcare, compensation, and support services. One of the key provisions of the Act is section 196G, which allows the Repatriation Medical Authority to investigate and determine Statements of Principles in relation to specific medical conditions that may be war-caused or defence-caused. This process aims to ensure that veterans receive appropriate recognition and support for their health conditions, including those related to their service. In 2023, the Authority issued a notice under section 196G to investigate whether Statements of Principles may be determined in respect of tardive dyskinesia, a condition that can develop from long-term use of certain medications. The Authority invited relevant stakeholders to submit written submissions to aid in this investigation, with a deadline of 1 June 2023.
Scope and Application
The Repatriation Medical Authority (the Authority), under section 196G of the Veterans' Entitlements Act 1986 (VEA), is conducting an investigation into whether Statements of Principles may be determined in respect of tardive dyskinesia. This investigation targets eligible individuals and organisations, including those eligible for pensions under the VEA or compensation under the Military Rehabilitation and Compensation Act 2004, veterans' and service members' organisations, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The Authority is mandated to explore the potential causation and extent of tardive dyskinesia as a war-caused, defence-caused, service injury, service disease, or service death. Submissions are invited and must be submitted electronically, by email, or by post by 1 June 2023, with further guidance available on the RMA website and by contacting the RMA Secretariat. This investigation is conducted under Commonwealth legislation and applies to all relevant persons and entities within the specified scope.
Key Provisions
The notice issued under section 196G of the Veterans' Entitlements Act 1986 (VEA) announces the Repatriation Medical Authority's (the Authority) intention to investigate whether Statements of Principle may be determined in respect of tardive dyskinesia. This investigation is mandated under section 196B(4) of the VEA. The Authority seeks written submissions from a range of stakeholders, including individuals eligible to claim pensions or compensation, organisations representing veterans or their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields (section 196G(2)). Submissions must be submitted by 1 June 2023, either through the RMA website, email, or post.
The obligations imposed by the VEA on the Authority include determining whether there is information available about the causes and occurrences of tardive dyskinesia, and whether it may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority must also ensure that it considers all relevant submissions when conducting this investigation.
Failure to comply with the requirements of the VEA or to properly conduct the investigation could potentially lead to legal challenges or other consequences, although the specific civil or criminal penalties are not detailed in the notice. However, the importance of thorough and transparent investigation processes suggests that any failure to meet these obligations could be subject to scrutiny or corrective action by the relevant authorities.