Notification of Intention to carry out a review in respect of myeloma

Overview

The Veterans’ Entitlements Act 1986 was enacted to address the need for a legislative framework governing the entitlements of Australian veterans and their families. This Act serves as a comprehensive legal basis for the provision of various benefits, including pensions and compensation, to veterans who have served in the Australian Defence Force. The Specialist Medical Review Council was established under section 196Y of this Act to review Statements of Principles concerning medical conditions relevant to veterans. The Council’s intention to review Statements of Principles Nos. 69 and 70 of 2012, related to myeloma, was notified under section 196ZB of the Act. This review aims to ensure that the information available to the Repatriation Medical Authority when determining or amending these Statements of Principles is current and accurate. Various stakeholders, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and eligible claimants, are invited to provide written submissions by 1 July 2013, to assist the Council in its review process.

Scope and Application

The Specialist Medical Review Council, established under section 196ZB of the Veterans’ Entitlements Act 1986, has issued a notification to carry out a comprehensive review of the Statements of Principles Nos. 69 and 70 of 2012 concerning myeloma, which were previously determined by the Repatriation Medical Authority. This review is aimed at examining all the information available to the RMA when they determined, amended, or last amended these Statements of Principles. The review applies to several key entities and individuals, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible to claim pensions under Part II or IV of the Act, individuals eligible to claim compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, and organisations representing veterans, Australian Mariners, members of the Forces, members of Peacekeeping Forces, or their dependants. The review is open to submissions from these entities and individuals, with a submission deadline set for 1 July 2013. The Council will convene its first meeting following this date, and details regarding the location, date, and time of the meeting will be communicated to those who have requested the review and those who submit written submissions. The Council Secretariat can be contacted for advice on preparing these submissions, with contact details provided via telephone and the website www.smrc.gov.au. Submissions should be sent to the Council Secretariat at PO Box 895, Woden, ACT 2606.

Key Provisions

The key provisions of the notice issued by the Specialist Medical Review Council under section 196ZB of the Veterans’ Entitlements Act 1986 (the Act) pertain to the initiation of a review process. Specifically, section 196Y of the Act mandates that the Council review the Statements of Principles Nos. 69 and 70 of 2012, which were made by the Repatriation Medical Authority regarding myeloma. The notice outlines the Council's intention to conduct a comprehensive review of all information available to the Repatriation Medical Authority when they determined, amended, or last amended the Statements of Principles about myeloma, as per section 196W of the Act. This review aims to ensure the accuracy and relevance of the medical criteria applied to veterans' entitlements. The notice extends an invitation to several specified entities and individuals to submit written submissions to the Council. These include the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible to make a claim for pension or compensation under the Act, and organisations representing various groups of veterans and their dependants. The deadline for submitting these written submissions is set for 1 July 2013, providing a specific timeframe for interested parties to contribute their insights and evidence. The Council will subsequently hold its first meeting for this review, with the details of the meeting, including the date, time, and location, to be communicated to the involved parties. The obligations and requirements imposed by this notice are primarily directed at the invited entities and individuals. They are required to prepare and submit written submissions by the stipulated deadline, providing their perspectives, evidence, and any relevant documentation that could aid the review process. These submissions will complement the oral submissions to be heard at the Council's meeting, ensuring a thorough examination of the matter. Additionally, the notice provides practical information for preparing these submissions, such as contact details for the Council Secretariat and the address for lodging submissions. Failure to comply with the requirements set forth in the notice may have legal consequences. While the specific penalties for non-compliance are not detailed in the notice, it is implied that not submitting written submissions by the deadline could impact the review process. In general, non-compliance with legislative requirements can lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for offences under the Veterans’ Entitlements Act 1986 can include substantial fines and, in some cases, imprisonment, although the exact penalties would depend on the specific breach and relevant case law.