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. 17 & 18 of 2009 concerning bronchiectasis.
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 6 December 2016.
Under the VEA, the Authority is required to find out whether there is new information available about how bronchiectasis may be suffered or contracted, or death from bronchiectasis may occur, and the extent to which bronchiectasis or death from bronchiectasis may be war-caused, defence-caused, a service injury, a service disease or a service death. 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 18 November 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 26 / 08 /2016
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a comprehensive framework for the entitlements of veterans, including pensions, compensation, and medical care. One of its critical components is the Repatriation Medical Authority (RMA), which is tasked with investigating various medical conditions that may be linked to service in the armed forces. The 196G section of the VEA allows the RMA to conduct investigations to review the contents of Statements of Principles, ensuring that the entitlements provided are based on the most current and accurate medical information. In this context, the RMA has announced an investigation into Statements of Principles Instrument Nos. 17 and 18 of 2009 concerning bronchiectasis, with the aim of determining the war-related or defence-related causes of this condition. This initiative was launched to address gaps in the understanding of how bronchiectasis may be contracted or its potential war-related origins, ensuring that affected veterans receive appropriate support and recognition. The investigation is open to submissions from eligible individuals, organisations, and experts, with a deadline of 18 November 2016 for all written submissions.
Scope and Application
The Repatriation Medical Authority (the Authority), under the provisions of section 196G of the Veterans' Entitlements Act 1986, has issued a notice of its intention to conduct an investigation into Statements of Principles Instrument Nos. 17 and 18 of 2009 concerning bronchiectasis. This investigation seeks to review the contents of these instruments to determine if there is new information about how bronchiectasis may be suffered or contracted, the extent to which it may be war-caused, defence-caused, a service injury, a service disease or a service death, and circumstances surrounding death from bronchiectasis. The Authority's investigation is directed at understanding the implications of these conditions in the context of veterans' entitlements, thus applying specifically to individuals eligible to claim pensions or compensation under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority extends invitations to relevant stakeholders, including veterans' organisations, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields, to submit written submissions by 18 November 2016. Submissions can be made electronically through the RMA website, via email, or by post. The Authority’s jurisdiction is national, and it is responsible for ensuring that the entitlements and compensations provided under the VEA are accurately reflective of the current understanding of service-related conditions and deaths.
Key Provisions
The primary sections of the Veterans' Entitlements Act 1986 (VEA) in this context are sections 196B(7) and 196G, which allow the Repatriation Medical Authority (RMA) to conduct investigations into specific conditions affecting veterans, such as bronchiectasis. Section 196B(7) empowers the RMA to review the contents of Statements of Principles Instruments, while section 196G mandates the giving of notice for such investigations. The notice under section 196G specifies the RMA's intention to review Statements of Principles Instruments Nos. 17 & 18 of 2009 regarding bronchiectasis, inviting eligible parties to submit their views.
The obligations imposed by the Act on the parties involved are clear and specific. Eligible individuals and organisations, including those eligible to make a claim for pension or compensation, representatives of veterans and their dependants, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and experts in relevant fields, are required to make written submissions to the RMA by 18 November 2016. These submissions can be made electronically via the RMA website, by email, or by post, as detailed in the notice. The RMA also provides guidelines and assistance for those submitting their views.
Failure to comply with the Act's requirements may lead to various consequences. Although the notice does not explicitly detail specific offences or penalties for non-compliance, it is implicit that the RMA’s mandate to investigate and review Statements of Principles Instruments is binding. Entities or individuals who fail to submit their required submissions by the specified deadline may miss the opportunity to influence the investigation’s findings, potentially impacting their eligibility for claims or compensation related to bronchiectasis. Furthermore, while the notice does not specify penalties, breaches of statutory requirements can often lead to administrative consequences or challenges in pursuing related claims.
In summary, the legislation mandates the RMA to investigate the war-related causes of bronchiectasis, inviting eligible parties to submit their written submissions by a specific date. Non-compliance with these requirements could result in missed opportunities to influence the investigation’s outcome and potentially affect future claims or compensation related to the condition.