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, pursuant to subsection 196B(7A) of the VEA, as there are grounds for such a review it intends to carry out an investigation in respect of the following:
- extreme physical activity; and
- extreme cold,
as factors in ischaemic heart disease.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 89 & 90 of 2007, as amended by Instrument Nos. 43 & 44 of 2009, 96 & 97 of 2010 and 125 & 126 of 2011, concerning ischaemic heart disease.
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 Veterans' Entitlements Act 1986;
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, on 31 October 2012, gave notice under section 196G of the VEA that, pursuant to subsection 196B(7), it intended to carry out an investigation of all the contents of the existing Statements of Principles concerning ischaemic heart disease. That review is proceeding with the Authority due to hold its first meeting for the purposes of that investigation in April 2014.
It is anticipated that this focussed review will be completed before the conclusion of the full review.
The Authority will hold its first meeting for the purposes of this investigation on 2 December 2013.
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 15 November 2013.
The Common Seal of the )
Repatriation Medical Authority )
was affixed in the presence of )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 21/06/2013
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide financial and other support to veterans and their dependants. It established the legislative framework for veterans' benefits, including pensions, compensation, and health services. The Repatriation Medical Authority (RMA), established under this Act, plays a critical role in determining the medical conditions that qualify for these entitlements. The RMA has initiated an investigation under section 196G of the VEA to review the factors of extreme physical activity and extreme cold as they relate to ischaemic heart disease. This investigation aims to determine if these factors should be included in the existing Statements of Principles concerning ischaemic heart disease. The Authority is inviting submissions from eligible individuals, organisations representing veterans and related groups, and experts in relevant fields to inform this review, with a deadline of 15 November 2013 for all written submissions. This investigation is part of a broader review of ischaemic heart disease, reflecting the Authority's commitment to ensuring the accuracy and comprehensiveness of veterans' health entitlements.
Scope and Application
The Repatriation Medical Authority, under the provisions of section 196G of the Veterans' Entitlements Act 1986, has announced its intention to conduct an investigation into the factors of extreme physical activity and extreme cold as they relate to ischaemic heart disease. This investigation is pertinent to the Statements of Principles Instruments Nos. 89 & 90 of 2007, which have been subsequently amended by Instruments Nos. 43 & 44 of 2009, 96 & 97 of 2010, and 125 & 126 of 2011. The scope of this investigation is limited to the context of these specified Statements of Principles, focusing on the impact of extreme physical activity and cold on ischaemic heart disease within the veteran community. This Act applies to individuals eligible for pensions under Part II or Part IV of the Veterans' Entitlements Act 1986, those eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and experts with relevant field expertise. The Authority extends an invitation to these entities and individuals to provide written submissions, which must be submitted by 15 November 2013. The jurisdictional reach of this Act is national, with the investigation being conducted under Australian law.
Key Provisions
The key provisions of the notice under section 196G of the Veterans' Entitlements Act 1986 (VEA) (section 196G) concern an investigation into the factors of extreme physical activity and extreme cold in relation to ischaemic heart disease. This investigation is conducted in the context of the Statements of Principles Instrument Nos. 89 and 90 of 2007, as amended, concerning ischaemic heart disease (section 196B(7A)). The Repatriation Medical Authority (the Authority) is inviting various stakeholders to submit written evidence relevant to this investigation, including eligible claimants, representatives of veterans, and experts in relevant fields (section 196G).
The obligations imposed by the VEA on the parties involved are primarily focused on the submission of written evidence. Eligible claimants, representative organisations, and experts are mandated to submit their written submissions to the Authority by 15 November 2013 (section 196G). This includes claimants under Part II or Part IV of the VEA, claimants under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and other relevant groups, and individuals with relevant expertise. The Authority, on the other hand, is responsible for conducting this investigation in accordance with the legislative provisions and ensuring that all submissions are received by the specified deadline.
Breaches of the requirements to submit written submissions by the specified deadline may have implications under the law, though the notice does not explicitly detail the penalties or consequences for non-compliance. Typically, failure to adhere to statutory requirements can result in the exclusion of evidence from the investigation, potentially affecting the outcomes of the review. The notice also does not specify any criminal or civil penalties for non-compliance; however, it is likely that such non-compliance could be subject to administrative actions or could be considered in the context of broader legal obligations. The VEA and associated legislation generally provide for enforcement mechanisms, including fines and other sanctions for non-compliance with statutory requirements.