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 it intends to carry out an investigation pursuant to subsection 196B(4) of the VEA to find out whether Statements of Principles may be determined in respect of antiphospholipid syndrome.
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 will hold its first meeting for the purposes of this investigation on 1 December 2015.
Under the VEA, the Authority is required to find out whether there is information available about how antiphospholipid syndrome may be suffered or contracted, or death from antiphospholipid syndrome may occur, and the extent to which antiphospholipid syndrome or death from antiphospholipid syndrome may be war-caused, defence-caused, a service injury, a service disease or a service death. 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 November 2015.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 21/ 08 /2015
Overview
The Veterans' Entitlements Act 1986, enacted in 1986, addresses the entitlements of veterans and their families in Australia. This Act was introduced to ensure that veterans and their dependants receive appropriate benefits and compensation for service-related disabilities and injuries. The Repatriation Medical Authority, established under the Act, is tasked with determining whether certain conditions, such as antiphospholipid syndrome, can be classified as war-caused, defence-caused, a service injury, a service disease, or a service death. In accordance with the Act, the Authority has initiated an investigation to assess the potential of determining Statements of Principles for antiphospholipid syndrome, inviting submissions from relevant individuals and organisations by 20 November 2015. The Authority's first meeting for this investigation is scheduled for 1 December 2015, aiming to gather comprehensive information and expertise on the condition to inform their decision-making process.
Scope and Application
The notice of investigation issued by the Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (VEA) is intended to ascertain whether Statements of Principles should be determined in respect of antiphospholipid syndrome, which may impact eligible veterans and their dependants. The Authority is inviting submissions from various stakeholders, including individuals eligible to claim pension under Parts II or IV of the VEA, individuals eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and members of the Forces, and experts in relevant fields. The Authority's investigation is aimed at understanding the nature of antiphospholipid syndrome, its possible causes and occurrences, and its potential war-related, defence-related, or service-related origins. This inquiry is part of the broader legislative framework of the VEA, which governs the entitlements and benefits for veterans and their families. The Authority’s investigation does not specify any geographic limitations, suggesting that it applies nationally across Australia, encompassing both Commonwealth and state-level jurisdictions as governed by the VEA. Submissions must be submitted in writing by 20 November 2015, with detailed guidelines available on the RMA website or by contacting the RMA Secretariat directly.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates that the Repatriation Medical Authority (RMA) must conduct an investigation to determine whether Statements of Principle may be established regarding antiphospholipid syndrome. The investigation aims to ascertain the possible links between antiphospholipid syndrome, its contraction, and death from this condition with war, defence, service injuries, service diseases, or service deaths. This is a critical step in understanding the extent to which these conditions are related to military service and can affect eligibility for veterans' entitlements.
The RMA is inviting specific parties to submit written comments on the investigation. These include individuals eligible for pension or compensation claims under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be made by 20 November 2015 and should follow the RMA Submission Guidelines available on their website or by contacting the RMA Secretariat. The first meeting for this investigation is scheduled for 1 December 2015.
The VEA imposes several obligations on the RMA during this investigation. The RMA must systematically review and evaluate the available information to determine if antiphospholipid syndrome is linked to military service. This includes examining medical, scientific, and historical data to ascertain the nature and extent of any potential causal relationships. Additionally, the RMA is required to consider submissions from eligible parties, ensuring that all relevant perspectives are taken into account in its findings.
Failure to comply with the requirements of the VEA or misconduct during the investigation process can result in significant consequences. Although the Gazette does not explicitly outline specific offences, breaches of legislative requirements under the VEA can lead to civil or criminal penalties. In general, penalties for breaches of the VEA can include fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional provisions outlined in relevant legislation. The RMA must therefore ensure that its investigation is conducted meticulously and in accordance with all applicable laws to avoid any potential legal repercussions.