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 Barrett's oesophagus.
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 Barrett's oesophagus may be suffered or contracted, or death from Barrett's oesophagus may occur, and the extent to which Barrett's oesophagus or death from Barrett's oesophagus 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 Repatriation Medical Authority (RMA) has announced an investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) to determine whether Statements of Principle should be made in respect of Barrett's oesophagus. This investigation was introduced to address the need for clarity on whether this condition can be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The VEA, enacted by the Australian Parliament, aims to provide comprehensive support to veterans and their families. The RMA invites submissions from relevant parties, including those eligible to claim pensions or compensation, organisations representing veterans and their dependants, and experts in the field. This initiative seeks to ensure that veterans receive the appropriate recognition and support for conditions related to their service.
The Authority will convene its first meeting on 1 December 2015, and all submissions must be received by 20 November 2015. The RMA Submission Guidelines are available on the RMA website or by contacting the RMA Secretariat. This investigation underscores the commitment of the Australian government to address gaps in veterans' entitlements and to provide necessary support for those affected by service-related conditions.
Scope and Application
The notice pertains to the Veterans' Entitlements Act 1986 (VEA) and specifically addresses the investigation by the Repatriation Medical Authority (RMA) concerning Barrett's oesophagus under section 196G of the VEA. The investigation seeks to determine whether Statements of Principles may be formulated regarding Barrett's oesophagus, which could affect eligibility for veterans' pensions or compensation. Eligible individuals for submissions include those who can claim pensions under Parts II or IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, and the Repatriation Commission or the Military Rehabilitation and Compensation Commission. Additionally, individuals with relevant expertise are invited to contribute. The RMA is mandated to ascertain whether there is sufficient information on how Barrett's oesophagus may be contracted, its potential war-related causes, or its classification as a service injury, disease, or death. Submissions must be written and submitted by 20 November 2015, and guidelines for submissions can be obtained from the RMA website or by contacting the RMA Secretariat.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) has issued a notice of investigation into whether Statements of Principles may be determined in respect of Barrett's oesophagus. This investigation is to ascertain whether there is sufficient information to suggest that Barrett's oesophagus may be war-caused, defence-caused, a service injury, a service disease, or a service death. This requirement under the VEA compels the Authority to thoroughly examine available information and assess its relevance to veterans' entitlements.
Parties and entities governed by the VEA, including those eligible to make claims for pension or compensation, organisations representing veterans or related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise, are invited to submit written contributions to the investigation. Submissions should be made in accordance with the RMA Submission Guidelines, which can be obtained from the RMA website or by contacting the RMA Secretariat. It is crucial that all submissions are in written form and received by the Authority no later than 20 November 2015 to be considered in the investigation.
Failure to comply with the requirements set forth in the VEA can result in significant consequences. While the specific offences, penalties, or civil/criminal consequences for non-compliance are not detailed in the provided text, it is clear that adherence to the statutory requirements is essential. The Authority's investigation aims to ensure that any findings are legally sound and based on comprehensive and accurate information. Any breaches of the legislative provisions could potentially lead to legal actions, including civil penalties or other legal remedies as provided under the relevant acts. It is thus imperative for all involved parties to carefully follow the stipulated procedures and deadlines to avoid any adverse outcomes.