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 under subsection 196B(7) of the VEA to review the contents of Statements of Principles Instrument Nos. 33 & 34 of 2008, as amended, concerning benign neoplasm of the eye and adnexa.
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 9 February 2016.
Under the VEA, the Authority is required to find out whether there is new information available about how benign neoplasm of the eye and adnexa may be suffered or contracted, or death from benign neoplasm of the eye and adnexa may occur, and the extent to which benign neoplasm of the eye and adnexa or death from benign neoplasm of the eye and adnexa 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 22 January 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 11/12/2015
Overview
The Veterans' Entitlements Act 1986 (VEA) is an Act of the Australian Parliament designed to provide entitlements and benefits to veterans, their families, and dependants. Enacted to address the gap in support and recognition for the sacrifices made by military personnel and their families, the Act was established to ensure that those who have served in the defence force are adequately compensated for any injuries or diseases contracted during their service. The Repatriation Medical Authority, as the body responsible for carrying out investigations under this Act, aims to review and update the contents of Statements of Principles concerning specific medical conditions, such as benign neoplasm of the eye and adnexa, to better understand their war-related causes and ensure appropriate entitlements are awarded. The objective of this investigation is to incorporate new information and expert opinions to improve the accuracy and fairness of the entitlements provided under the VEA.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) has announced its intention to conduct an investigation to review the contents of Statements of Principles Instrument Nos. 33 & 34 of 2008, as amended, concerning benign neoplasm of the eye and adnexa. This investigation targets various stakeholders, including individuals eligible for a pension or compensation claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant field expertise. The Authority invites these entities to submit written submissions by 22 January 2016. The scope of the investigation is to ascertain any new information about the causation or occurrence of benign neoplasm of the eye and adnexa, whether such conditions or deaths can be attributed to war, defence-related causes, service injuries, diseases, or deaths. The Authority's investigation extends nationally, but the VEA itself is a Commonwealth Act, thereby applying across Australia. No exclusions, exemptions, or specific thresholds are mentioned in the notice, and the application of the Act is not restricted or extended through subordinate instruments in this context.
Key Provisions
The key operative sections of the Gazette Notice (C2015G02072) under the Veterans' Entitlements Act 1986 (VEA) are sections 196G and 196B(7). Section 196G specifies that the Repatriation Medical Authority (the Authority) intends to carry out an investigation under subsection 196B(7) of the VEA. This investigation aims to review the contents of Statements of Principles Instruments Nos. 33 and 34 of 2008, as amended, which concern benign neoplasm of the eye and adnexa. The Authority seeks to determine if there is new information regarding the causation, contraction, or death from benign neoplasm of the eye and adnexa, and the extent to which these conditions may be war-caused, defence-caused, a service injury, a service disease, or a service death. This investigation is a formal process mandated by the VEA to ensure that the entitlements and compensation claims related to these medical conditions are accurately assessed and appropriately adjudicated.
The obligations and requirements imposed by the Act on the parties involved are quite specific. The Authority, as the governing body, is mandated to conduct a thorough investigation and review the existing Statements of Principles to ensure they reflect the most current medical understanding and evidence. Furthermore, the Authority invites written submissions from various stakeholders to aid in its review. Eligible individuals and organisations, such as those eligible to make a claim under the VEA or MRCA, representatives of veterans and military personnel, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields, are encouraged to submit their views and expertise. Submissions must be made in writing and received by a specified date, in this case, no later than 22 January 2016. These submissions are crucial in providing the Authority with comprehensive insights and perspectives that will inform its investigation.
For those who fail to comply with the obligations or who breach the requirements of the Act, there are potential civil or criminal consequences. Although the Gazette Notice does not detail specific penalties, breaches of statutory duties under the VEA can lead to legal actions. This could include fines or other penalties as prescribed by the Act. Additionally, failure to submit required information or provide misleading information could impact the validity of claims and the outcomes of the investigation. The maximum penalties for such breaches are not explicitly stated in this notice but are typically outlined in the relevant sections of the VEA and other related legislation. Compliance with the submission guidelines and deadlines is therefore essential to avoid adverse legal repercussions.