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:
- nerve agents; and
- oil well fire smoke,
as factors in malignant neoplasm of the brain.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 58 & 59 of 2008, as amended by Instrument Nos. 37 & 38 of 2011, concerning malignant neoplasm of the brain.
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.
This Notice of Investigation broadens the terms of the previously advertised Notice of Investigation which appeared in the Government Notices Gazette of 27 June 2012.
The Authority will hold its first meeting for the purposes of this investigation on 8 October 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 20 September 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 Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986 (VEA), has issued a Notice of Investigation to examine the potential links between nerve agents and oil well fire smoke as factors in malignant neoplasm of the brain. This investigation aims to expand upon existing Statements of Principles concerning malignant neoplasm of the brain, particularly those outlined in Instruments Nos. 58 & 59 of 2008 and their subsequent amendments in Instruments Nos. 37 & 38 of 2011. The Authority invites submissions from various stakeholders, including individuals eligible for veterans' benefits, organisations representing affected groups, and experts in relevant fields, to provide input that could influence the investigation's direction and outcomes. This notice extends the scope of a previous investigation notice published on 27 June 2012. The first meeting for this investigation is scheduled for 8 October 2013, with all submissions due by 20 September 2013.
Scope and Application
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, has announced an investigation into specific factors related to malignant neoplasm of the brain, specifically nerve agents and oil well fire smoke, in the context of Statements of Principles Instrument Nos. 58 & 59 of 2008, as amended by Instrument Nos. 37 & 38 of 2011. This investigation is aimed at determining whether these factors can be linked to malignant neoplasm of the brain in veterans. The notice invites submissions from various stakeholders, including individuals eligible for pension or compensation claims under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The Authority will convene its first meeting for this investigation on 8 October 2013, and all submissions must be submitted in writing by 20 September 2013, following the guidelines available on the RMA website or through the RMA Secretariat.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) specifies that the Repatriation Medical Authority (the Authority) intends to carry out an investigation into nerve agents and oil well fire smoke as potential factors in malignant neoplasm of the brain. This investigation is being conducted in the context of Statements of Principles Instrument Nos. 58 & 59 of 2008, as amended by Instrument Nos. 37 & 38 of 2011. The Authority is inviting submissions from eligible individuals and organisations, including those eligible to make a claim for pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts relevant to the investigation. The Authority's first meeting for this investigation is scheduled for 8 October 2013, and all submissions must be received by 20 September 2013.
The obligations imposed on the parties by the VEA in this context are primarily to submit written statements and evidence as required by the Authority. Eligible claimants, representatives, and experts are encouraged to provide detailed information that could support or refute the hypothesis that nerve agents and oil well fire smoke are contributing factors to malignant neoplasm of the brain. The Repatriation Commission or the Military Rehabilitation and Compensation Commission may also be required to provide relevant data or analyses. These submissions are crucial for the Authority to conduct a thorough and comprehensive investigation.
The Act does not explicitly outline specific offences, penalties, or consequences for failure to comply with the notice or to provide submissions as requested. However, the importance of these submissions for the investigation's integrity implies that non-compliance might indirectly affect the outcomes of the investigation, potentially impacting the rights and entitlements of veterans. The focus of the legislation in this case is on ensuring that all relevant information is gathered to facilitate an informed review of the Statements of Principles. This ensures that any future determinations regarding entitlements are based on comprehensive evidence.