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(7) of the VEA to find out whether Statements of Principles may be determined in respect of Gulf War syndrome.
The Authority invites the following persons and organisations to make written submissions to the Authority in respect of the investigation:
any person eligible to make a claim for pension under Part II or Part IV of the Veterans' Entitlements Act 1986;
any 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
any person having expertise in a field relevant to the investigation.
The Authority will hold its first meeting for the purposes of this investigation on 9 April 2013.
In 2003, following an investigation the Authority declared that it would not make a Statement of Principles concerning Gulf War syndrome for the purposes of subsection 196B(2) or (3) of the VEA, as the available sound medical-scientific evidence led the Authority to conclude that there was no unique Gulf War syndrome that could be a "disease" or "injury" as defined in section 5D of the VEA.
In 2010, following a review of their 2003 decision, the Authority concluded that available sound medical-scientific evidence continued to support the 2003 decision and re-affirmed that Gulf War syndrome is not a "disease" or "injury" as defined in section 5D of the VEA.
The Authority has decided to undertake a further review under 196B(7) to see if there is new information available to enable it to make a Statement of Principles in respect of "a particular kind of injury, disease or 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 5 April 2013.
The Common Seal of the )
Repatriation Medical Authority )
was affixed in the presence of )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 22/10/2012
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a framework for the payment of pensions and other benefits to veterans and their dependants. This Act was established to address the need for a comprehensive system to support individuals who have served in the Australian Defence Force. The policy objective of the VEA is to ensure that veterans and their families receive appropriate financial assistance and healthcare services. In 2012, the Repatriation Medical Authority, acting under section 196G of the VEA, announced an investigation into whether Statements of Principles should be determined concerning Gulf War syndrome. This decision followed earlier reviews in 2003 and 2010, where the Authority concluded that there was insufficient evidence to recognise Gulf War syndrome as a distinct disease or injury under the VEA. The Authority is now seeking written submissions from relevant individuals and organisations to inform its latest review.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) has announced its intention to conduct an investigation to determine whether Statements of Principles can be established regarding Gulf War syndrome. This investigation pertains to any person eligible to claim a pension under Part II or Part IV of the VEA, any person eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and any individual with relevant expertise. The Authority's decision to reopen the investigation follows previous conclusions in 2003 and 2010 that Gulf War syndrome was not a distinct disease or injury as defined in section 5D of the VEA. Submissions are invited from interested parties and must be received by the Authority by 5 April 2013. The Authority's review process may be extended or refined through subordinate instruments as needed, though specific details on such extensions or refinements are not provided in this notice.
Key Provisions
The main operative sections of this notice, specifically section 196G of the Veterans' Entitlements Act 1986 (VEA), notify the Repatriation Medical Authority's (the Authority) intention to carry out an investigation into whether Statements of Principles can be determined for Gulf War syndrome (subsection 196B(7) of the VEA). Section 196G invites eligible parties and entities, including veterans, organisations representing veterans, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts, to submit written statements relevant to the investigation. This requirement ensures a broad range of perspectives and expertise is considered in the investigation.
The obligations imposed by this notice are twofold. Firstly, eligible individuals and entities must prepare and submit written submissions to the Authority by 5 April 2013. These submissions must be in writing and should adhere to the RMA Submission Guidelines available on the RMA website or through the RMA Secretariat. Secondly, the Authority has an obligation to consider these submissions as part of its investigation into Gulf War syndrome, ensuring a comprehensive review of the available evidence and expert opinions.
In terms of potential consequences, the legislation does not explicitly detail criminal or civil penalties for failure to comply with the submission requirements. However, the importance of these submissions for the investigation and the potential impact on veterans' entitlements suggest that non-compliance could indirectly affect the outcomes of the investigation. The Authority's decision following the investigation could have significant implications for the eligibility of veterans for pensions or compensation related to Gulf War syndrome, thus highlighting the importance of adhering to the notice's requirements.
Additionally, while the notice itself does not specify criminal penalties for non-compliance, the overarching legislative framework under which the Authority operates may include provisions for enforcement actions against entities or individuals found to be in breach of related obligations. Such penalties could include fines or other sanctions, depending on the specific circumstances and the broader legislative context. The maximum penalties for such breaches would be in accordance with the provisions of the relevant Acts, including the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.