NOTICE OF INVESTIGATION – THROMBOSIS WITH THROMBOCYTOPENIA SYNDROME
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 thrombosis with thrombocytopenia syndrome.
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 10 November 2021.
Under the VEA, the Authority is required to find out whether there is information available about how thrombosis with thrombocytopenia syndrome may be suffered or contracted, or death from thrombosis with thrombocytopenia syndrome may occur, and the extent to which thrombosis with thrombocytopenia syndrome or death from thrombosis with thrombocytopenia syndrome 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 22 October 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR TERENCE CAMPBELL AM CHAIRPERSON 20 / 08 / 2021 |
Overview
The Repatriation Medical Authority, established under the Veterans' Entitlements Act 1986 (VEA), has issued a notice of investigation to determine whether Statements of Principles should be established regarding thrombosis with thrombocytopenia syndrome (TTS). This investigation, mandated by section 196G of the VEA, aims to ascertain whether TTS can be considered a war-caused, defence-caused, service injury, service disease, or service death. The Authority invites submissions from eligible claimants, relevant organisations, and experts to inform this investigation, which is scheduled to begin on 10 November 2021. Submissions are due by 22 October 2021 and can be submitted electronically, by email, or by post, with guidelines available on the RMA website. This initiative seeks to comprehensively address the potential connection between TTS and military service, ensuring that affected veterans and their dependants receive appropriate recognition and support.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) applies to a broad spectrum of individuals and entities involved with veterans' affairs, including those eligible for pensions or compensation under the Act, organisations representing veterans and related groups, and relevant government bodies such as the Repatriation Commission and the Military Rehabilitation and Compensation Commission. This Act, which is of Commonwealth jurisdiction, mandates the Repatriation Medical Authority (the Authority) to investigate specific medical conditions, such as thrombosis with thrombocytopenia syndrome, to determine if they may be considered war-caused, defence-caused, a service injury, a service disease or a service death. The Authority is empowered to invite submissions from individuals with expertise in relevant fields as well as from those who may have direct or indirect stakes in the outcome of the investigation. Submissions must be made in writing and submitted by 22 October 2021, either electronically via the RMA website, by email, or by post. The Authority retains the flexibility to extend or modify the scope of the investigation through subordinate instruments as necessary.
Key Provisions
The key provisions of the notice published under section 196G of the Veterans' Entitlements Act 1986 (VEA) involve the Repatriation Medical Authority (the Authority) announcing its intention to investigate thrombosis with thrombocytopenia syndrome (section 196G). Specifically, the Authority aims to determine if Statements of Principles can be issued regarding this syndrome. The investigation is conducted under subsection 196B(4) of the VEA to ascertain if there is sufficient information about how thrombosis with thrombocytopenia syndrome may be contracted or lead to death, and to evaluate the extent to which it can be considered war-caused, defence-caused, a service injury, a service disease, or a service death.
The Authority has outlined the groups and entities eligible to provide written submissions to aid in this investigation. These include individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing various groups of veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with expertise relevant to the investigation. Submissions can be made electronically via the RMA website, by email, or by post, following the RMA Submission Guidelines. It is crucial that all submissions are received by the Authority no later than 22 October 2021.
The obligations imposed by this Act on the parties involved are primarily focused on the provision of written submissions. Eligible individuals and organisations must submit their views and any supporting information pertinent to the investigation by the specified deadline. The Repatriation Medical Authority, on the other hand, is tasked with conducting the investigation and considering the submissions received. The Authority is also responsible for ensuring that the process adheres to the guidelines and deadlines set out in the notice.
Should any party fail to meet the obligations outlined in the notice, there may be repercussions. While the specific consequences for non-compliance are not detailed in the notice, it is implied that the Authority may not consider the submissions from those who do not adhere to the submission guidelines and deadlines. Additionally, failure to comply with the requirements of the VEA and associated acts could result in civil or criminal penalties as prescribed by law. The exact nature and extent of these penalties would depend on the specific breach and relevant legal provisions.