DECLARATION UNDER SUBSECTION 196B(9)
OF THE VETERANS’ ENTITLEMENTS ACT 1986
The Repatriation Medical Authority (the Authority), under subsection 196B(9) of the Veterans’ Entitlements Act 1986 (the Act), makes the following declaration in respect of the review of the contents of the Statements of Principles in force under the Act concerning alcohol use disorder, Instrument Nos. 1 and 2 of 2009.
The investigation related to "a threatening, hostile, hazardous and/or menacing situation and/or environment". The Notice of Investigation was published in the Commonwealth of Australia Gazette of 26 March 2014.
The Authority declares that it does not propose to amend Statements of Principles, Instrument Nos. 1 and 2 of 2009, concerning alcohol use disorder for the reason that the new sound medical-scientific evidence available is not sufficient to justify an amendment to the Statements of Principles already determined in respect of alcohol use disorder.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 17 / 10 /2014
Overview
The Veterans’ Entitlements Act 1986 was enacted to provide a framework for the administration of benefits and services for veterans and their families. This Act aims to address the gaps in support and recognition of service-related disabilities and health issues. The Repatriation Medical Authority (the Authority) is tasked with reviewing and determining Statements of Principles that outline the conditions and circumstances recognised as service-related. In 2014, the Authority issued a declaration under subsection 196B(9) of the Act concerning the review of the Statements of Principles related to alcohol use disorder, specifically Instrument Nos. 1 and 2 of 2009. The declaration followed an investigation into situations and environments that may be threatening, hostile, hazardous, and/or menacing, as notified in the Commonwealth of Australia Gazette on 26 March 2014. The Authority concluded that, based on the available medical-scientific evidence, there was insufficient justification to amend the existing Statements of Principles regarding alcohol use disorder.
Scope and Application
The Veterans’ Entitlements Act 1986 applies to veterans and their families who are eligible for Commonwealth-funded benefits and services. The Act provides a framework for the assessment of veterans' claims, including the determination of the medical conditions that may be connected to service in the Australian Defence Force. In this context, the Repatriation Medical Authority (the Authority) is empowered to review and amend Statements of Principles concerning various medical conditions, such as alcohol use disorder, to ensure that they accurately reflect the latest medical-scientific evidence. The Authority's decisions are made pursuant to subsection 196B(9) of the Act, and its jurisdiction extends across the Commonwealth of Australia. The Authority's review of the Statements of Principles, Instrument Nos. 1 and 2 of 2009, concerning alcohol use disorder, illustrates the Act's application to the continuous assessment and updating of medical evidence to better serve the needs of veterans. While the Authority has the authority to amend these statements if new evidence warrants it, in this instance, it has determined that the available evidence does not justify any changes to the existing principles.
Key Provisions
The main sections of this legislation pertain to the review of Statements of Principles under the Veterans' Entitlements Act 1986, specifically concerning alcohol use disorder, as noted in Instrument Nos. 1 and 2 of 2009. Under subsection 196B(9) (1), the Repatriation Medical Authority (the Authority) has conducted an investigation into whether the contents of these Statements of Principles should be amended based on new medical-scientific evidence. The Authority has determined that, following the review, the existing Statements of Principles will remain unchanged. This decision is grounded in the conclusion that the new evidence available is not sufficient to warrant any amendment (2). The Authority's decision was formally declared in a Notice of Investigation published in the Commonwealth of Australia Gazette on 26 March 2014 (3).
The obligations imposed by this legislation on the Authority include conducting a thorough investigation into the Statements of Principles related to alcohol use disorder and evaluating whether new medical-scientific evidence justifies any amendments. The Authority must consider all relevant evidence and make a reasoned decision based on this evidence. Additionally, the Authority is required to publish its findings and decisions in the Commonwealth of Australia Gazette, ensuring transparency and informing relevant stakeholders of the Authority's decision-making process (4). The Authority must also affix the Common Seal to the declaration, a formal act signifying the official decision and approval by the Chairperson, Professor Nicholas Saunders AO (5).
Any breach of the obligations set out in this legislation may result in legal consequences. While the specific offences and penalties are not detailed in this declaration, it is understood that the Authority's decisions are subject to judicial review and that any failure to adhere to the legal requirements could lead to civil or administrative penalties. The maximum penalties for such breaches would be determined in the context of a court or tribunal hearing, based on the severity and nature of the breach. It is also important to note that the Authority's decisions are guided by the principles of fairness and the availability of due process, ensuring that any potential breaches are handled appropriately within the legal framework (6).