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 central serous retinopathy.
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 5 December 2017.
Under the VEA, the Authority is required to find out whether there is information available about how central serous retinopathy may be suffered or contracted, or death from central serous retinopathy may occur, and the extent to which central serous retinopathy or death from central serous retinopathy 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 http://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 13 November 2017.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 30 / 6 / 2017 |
Overview
The Veterans' Entitlements Act 1986 (VEA) is an Australian legislative framework designed to provide pensions and other entitlements to veterans and their families. Enacted in 1986, the VEA aims to address the needs of individuals who have served in the Australian Defence Force, ensuring they receive appropriate support and recognition for their service. One of the key gaps the VEA was introduced to address is the need for comprehensive guidelines and mechanisms to assess and determine entitlements for various medical conditions, including those potentially linked to service. The policy objective of the VEA is to provide fair and timely compensation to veterans and their families for war-caused injuries, diseases, and other service-related issues.
The Repatriation Medical Authority (RMA), established under the VEA, plays a crucial role in investigating and determining the eligibility of veterans for various entitlements. In this context, the RMA has initiated an investigation to ascertain whether Statements of Principles should be determined in respect of central serous retinopathy. This investigation is open to submissions from eligible individuals, organisations, and experts to ensure a thorough and informed decision-making process. The RMA invites submissions from various stakeholders, including veterans, representatives of veterans' organisations, and experts in relevant fields, to provide comprehensive input into the investigation. The findings from this investigation will contribute to the broader objective of the VEA to provide appropriate support and recognition to veterans affected by service-related conditions.
Scope and Application
The Repatriation Medical Authority, pursuant to section 196G of the Veterans' Entitlements Act 1986, has issued a notice of investigation regarding the potential war-related causes of central serous retinopathy (CSR) and whether it may be considered a service injury, service disease, or a service death. The investigation is aimed at determining whether Statements of Principles should be amended to include CSR. The notice invites submissions from eligible claimants under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. Submissions must be submitted in writing and received by the Authority no later than 13 November 2017, and can be made electronically via the RMA website, by email, or by post. The Authority’s investigation is geographically and jurisdictionally bound by the Commonwealth of Australia, and the scope of the Act does not explicitly exclude any particular persons or entities from participating in this investigation, provided they meet the eligibility criteria outlined. The Authority's findings may be further influenced by subordinate instruments or regulations that could extend or restrict the application of the Act.
Key Provisions
The key provisions of this Notice of Investigation are found in section 196G of the Veterans' Entitlements Act 1986 (VEA). This section mandates that the Repatriation Medical Authority (the Authority) is required to carry out an investigation to determine whether Statements of Principles may be established in relation to central serous retinopathy. The Authority invites specific groups, including eligible claimants, organisations representing veterans and their dependents, and experts in relevant fields, to make written submissions regarding the investigation. These submissions must be submitted by 13 November 2017, either electronically via the RMA website, by email, or by post.
The obligations imposed by the Act on the parties involved are primarily centered around the provision of written submissions. Eligible individuals and organisations must submit their views and any relevant information they possess by the stipulated deadline. The Authority is required to consider these submissions as part of its investigation. Furthermore, the Authority must conduct its investigation in a manner that aligns with the objectives outlined in section 196B(4) of the VEA, focusing on determining the war-related, defence-related, or service-related nature of central serous retinopathy and associated deaths.
Breach of the requirements to submit relevant information within the specified timeframe may have consequences, though the Notice does not explicitly state penalties for such breaches. The Notice, however, underscores the importance of timely and accurate submissions, suggesting that failure to comply could potentially impact the investigation's integrity and outcomes. Additionally, while specific penalties are not mentioned, failure to comply with the legislative requirements or providing false information could lead to broader legal repercussions under the relevant Acts, including possible civil or criminal penalties as prescribed under Australian law.