Notice of Investigation - Thoracic Outlet Syndrome

Overview

The Veterans' Entitlements Act 1986 (VEA) is the primary legislation governing the provision of benefits and services to veterans, their families, and dependants in Australia. In 2021, the Repatriation Medical Authority (the Authority) under the VEA gave notice of an investigation into whether Statements of Principle may be determined in respect of thoracic outlet syndrome. The Authority seeks to ascertain if there is information available about how thoracic outlet syndrome may be suffered or contracted, or death from thoracic outlet syndrome may occur, and the extent to which thoracic outlet syndrome or death from thoracic outlet syndrome may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from various stakeholders, including eligible claimants, relevant organisations, and experts, to contribute to the investigation. The Authority aims to explore the potential inclusion of thoracic outlet syndrome in the scope of war-related injuries and diseases covered under the VEA.

Scope and Application

Section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates the Repatriation Medical Authority (the Authority) to conduct an investigation into thoracic outlet syndrome to determine whether Statements of Principles may be established. This investigation applies to a broad spectrum of individuals and entities, including those eligible to make claims for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing various groups such as veterans or their dependants, and the Repatriation and Military Rehabilitation and Compensation Commissions. Additionally, individuals with expertise pertinent to the investigation are invited to contribute. The jurisdictional reach of this investigation is national, given the federal nature of the VEA. The Authority's investigation will encompass all regions within Australia, ensuring a comprehensive assessment of the condition's implications for affected individuals. No specific exclusions or exemptions are outlined in the notice, but the focus remains on war-caused, defence-caused, service injury, service disease, or service death related to thoracic outlet syndrome. The Authority may extend or restrict the scope of this investigation through subordinate instruments, aligning with the provisions of the VEA.

Key Provisions

The main operative sections of this Notice of Investigation are sections 196B(4) and 196G of the Veterans' Entitlements Act 1986 (VEA). Section 196B(4) of the VEA allows the Repatriation Medical Authority (the Authority) to investigate whether Statements of Principle may be determined in respect of thoracic outlet syndrome. Section 196G of the VEA mandates that the Authority must determine whether there is information available about how thoracic outlet syndrome may be suffered or contracted, or death from thoracic outlet syndrome may occur, and the extent to which thoracic outlet syndrome or death from thoracic outlet syndrome may be war-caused, defence-caused, a service injury, a service disease or a service death. The obligations and requirements imposed on parties and entities by this Notice of Investigation are primarily about participation and submission of information. Eligible persons and organisations are invited to make written submissions to the Authority. These submissions may include relevant information or expertise regarding thoracic outlet syndrome. Submissions can be made electronically via the RMA website, by email, or by post. Submissions must be in writing and received by the Authority no later than 17 September 2021. The RMA provides guidelines and assistance for these submissions. The Notice of Investigation does not explicitly state any offences, penalties, or consequences for non-compliance. However, the requirement to make written submissions by the specified date is strict. Failure to meet this deadline could mean that the Authority may not consider the submission, potentially impacting the investigation and its outcomes. While there are no stated maximum penalties for non-compliance in this notice, the significance of the investigation and the potential impact on veterans' entitlements suggest that compliance with the submission requirements is crucial.