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, it intends to carry out an investigation in respect of the definition of 8-hour time-weighted average (TWA) in acute lymphoblastic leukaemia/lymphoblastic lymphoma.
This investigation will be carried out in the context of Statement of Principles Instrument No. 33 of 2021 concerning acute lymphoblastic leukaemia/lymphoblastic lymphoma.
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 VEA;
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 will hold its first meeting for the purposes of this investigation on 9 June 2021.
Persons and organisations wishing to make a submission can use the RMA website www.rma.gov.au/investigations/ to electronically lodge the submission and supporting information. Alternatively, submissions can be sent by email to info@rma.gov.au or posted to the address below. The RMA Submission Guidelines are available online for guidance. The RMA Secretariat may be contacted at the address, telephone number or email address below for further assistance.
All submissions must be in writing and received by the Authority no later than 21 May 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 23 / 04 / 2021 |
Overview
The Veterans' Entitlements Act 1986 was enacted to provide a framework for the entitlements of veterans, including pensions and compensation for injuries and illnesses related to their service. The Act was introduced to address the need for a comprehensive system to support veterans in Australia. This legislation is overseen by the Commonwealth Parliament, which enacts laws for the benefit of the nation, including those that affect veterans and their families. The policy objective of the Act is to ensure that veterans and their dependants receive the necessary support and compensation for service-related disabilities and injuries.
In 2021, the Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986, announced its intention to conduct an investigation into the definition of the 8-hour time-weighted average (TWA) in relation to acute lymphoblastic leukaemia/lymphoblastic lymphoma. This investigation aims to further understand and possibly revise the criteria for these conditions under Statement of Principles Instrument No. 33 of 2021. The Authority is inviting submissions from various stakeholders, including eligible claimants, relevant commissions, and experts, to gather comprehensive input before proceeding with the investigation. Submissions are due by 21 May 2021 and can be submitted electronically, by email, or by post. This move underscores the commitment to reviewing and potentially updating the legislative framework to better serve the needs of veterans.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) applies to a broad range of individuals and entities involved in the veterans' community, particularly those who have served in the Australian Defence Force or are their dependents. The Act governs the provision of pensions, benefits, and compensation to veterans and their families, ensuring that they receive appropriate support and recognition for their service. In this context, the Repatriation Medical Authority (the Authority) has announced its intention to carry out an investigation into the definition of 8-hour time-weighted average (TWA) in relation to acute lymphoblastic leukaemia/lymphoblastic lymphoma. This investigation is being conducted under section 196G of the VEA and will focus on Statement of Principles Instrument No. 33 of 2021. The Authority invites submissions from eligible individuals, representative organisations, and experts relevant to the investigation, thereby ensuring a comprehensive review of the issue. The Authority will hold its first meeting for this investigation on 9 June 2021, and all written submissions must be received by 21 May 2021. This investigation is an integral part of the legislative framework aimed at providing appropriate medical recognition and support to affected veterans.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the Repatriation Medical Authority (the Authority) with the legal basis to carry out an investigation into the definition of the 8-hour time-weighted average (TWA) in relation to acute lymphoblastic leukaemia/lymphoblastic lymphoma. This investigation is specifically in the context of Statement of Principles Instrument No. 33 of 2021. The Authority invites submissions from eligible individuals and entities, including those eligible to make claims for pension or compensation under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans and other eligible groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise.
The obligations imposed on the parties and entities governed by this Act include making written submissions by 21 May 2021. Submissions can be made electronically via the RMA website, by email, or by post, following the guidelines available on the RMA website. The Authority, through its Secretariat, offers assistance to those making submissions, with contact details provided in the notice. The first meeting for this investigation is scheduled for 9 June 2021, providing a clear timeline for the process and allowing stakeholders to prepare and contribute their expertise and views.
Failure to comply with the requirements of this notice may have legal consequences, although specific offences, penalties, or consequences are not detailed in the notice itself. The notice is clear in its directive that all submissions must be in writing and received by the specified date. The Authority's role in overseeing the investigation suggests that any non-compliance with the submission process could potentially affect the outcome of the investigation or the Authority's ability to make informed decisions based on the submissions received. The maximum penalties or specific civil or criminal consequences for non-compliance are not explicitly stated in the notice but would likely be determined by the relevant legislative provisions governing the Authority's operations and the submission process.