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, pursuant to subsection 196B(7A) of the VEA, it intends to carry out an investigation in respect of carrying loads positioned between the neck and shoulder as a factor in cervical spondylosis.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 66 & 67 of 2014 concerning cervical spondylosis.
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 VEA;
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 7 August 2019.
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 19 July 2019.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 26 / 4 / 2019 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted by the Parliament of Australia to address the needs of veterans and their families, ensuring they receive appropriate benefits and compensation. A significant update to this legislation was introduced via the Gazette on 26 April 2019, providing notice of an investigation by the Repatriation Medical Authority (RMA) into the potential link between carrying loads positioned between the neck and shoulder and the development of cervical spondylosis. This investigation, under section 196G of the VEA, aims to address the identified gap in understanding the impact of military service-related activities on veterans' health, specifically focusing on cervical spondylosis as outlined in Statements of Principles Instrument Nos. 66 & 67 of 2014. The RMA is inviting submissions from various stakeholders, including veterans, representatives of veteran groups, and experts in relevant fields, to contribute to this critical examination. This initiative underscores the policy objective of ensuring that the health impacts of military service are thoroughly investigated and appropriately addressed for the benefit of those who have served.
Scope and Application
The notice of investigation issued under section 196G of the Veterans' Entitlements Act 1986 (VEA) by the Repatriation Medical Authority (the Authority) pertains to an examination of carrying loads positioned between the neck and shoulder as a potential factor in cervical spondylosis. This investigation is conducted in the context of Statements of Principles Instrument Nos. 66 & 67 of 2014, which address cervical spondylosis. The Authority is inviting submissions from a broad spectrum of stakeholders including individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing various groups such as veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The scope of the investigation is clearly within the Commonwealth jurisdiction, and the invitation for submissions is open to any interested party who can provide relevant information or insights into the specified medical condition and its potential link to the carrying of loads. The Authority will convene its first meeting for this investigation on 7 August 2019, with a submission deadline of 19 July 2019. Submissions can be made electronically via the RMA website, by email, or by post, following the guidelines available on the RMA website. The Authority is committed to considering all written submissions received by the specified date.
Key Provisions
The main operative sections of this notice pertain to the investigation being conducted by the Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA). The Authority intends to investigate carrying loads positioned between the neck and shoulder as a factor in cervical spondylosis, in the context of Statements of Principles Instrument Nos. 66 & 67 of 2014 concerning cervical spondylosis. This investigation aims to gather information and submissions from eligible parties, including individuals who may be eligible to make a claim for pension or compensation, organisations representing veterans or their dependants, and experts in relevant fields.
The Authority imposes specific obligations on the parties it governs. Eligible individuals and organisations are invited to make written submissions to the Authority by 19 July 2019. Submissions can be lodged electronically through the RMA website, emailed to info@rma.gov.au, or posted to a specified address. The RMA Submission Guidelines are available online to assist with the submission process, and the RMA Secretariat can be contacted for further assistance. The first meeting for the investigation is scheduled for 7 August 2019.
Under this notice, breaches of the submission deadline or failure to comply with the submission guidelines may result in civil or criminal consequences. The notice does not explicitly state the maximum penalties for such breaches, but it is implied that the Authority will enforce compliance with its requirements. The obligations and requirements of the Act are designed to ensure that the investigation is thorough and considers a wide range of perspectives and expertise.
In summary, the key provisions of this notice under section 196G of the VEA require the Authority to conduct an investigation into carrying loads as a factor in cervical spondylosis, invite submissions from eligible parties, and hold a meeting to discuss the findings. The obligations imposed on parties involve submitting relevant information by the specified deadline, following the guidelines provided, and participating in the investigation process. While the notice does not explicitly state the maximum penalties for non-compliance, it implies that the Authority will enforce adherence to its requirements.