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 chronic insomnia disorder.
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 9 October 2018.
Under the VEA, the Authority is required to find out whether there is information available about how chronic insomnia disorder may be suffered or contracted, or death from chronic insomnia disorder may occur, and the extent to which chronic insomnia disorder or death from chronic insomnia disorder 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 5 October 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 24 / 08 / 2018 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a framework for the entitlements of veterans, including pensions and compensation. This legislation aims to address the needs of veterans who may have suffered service-related injuries or illnesses, ensuring they receive appropriate support and benefits. The Repatriation Medical Authority, established under the VEA, is responsible for investigating and determining whether certain conditions, such as chronic insomnia disorder, may be war-caused, defence-caused, or related to service. The Authority's investigation, announced in 2018, seeks to gather information and submissions from relevant stakeholders to ascertain the potential war-related nature of chronic insomnia disorder, thereby guiding the determination of Statements of Principles. This policy objective is to ensure that veterans receive accurate recognition and appropriate entitlements for their service-related health issues.
Scope and Application
The Repatriation Medical Authority (RMA) under section 196G of the Veterans' Entitlements Act 1986 (VEA) has announced its intention to conduct an investigation into whether Statements of Principles may be determined for chronic insomnia disorder. This investigation is pertinent to several groups, including individuals who are eligible to claim pensions under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependents, and experts in relevant fields. The investigation aims to ascertain the extent to which chronic insomnia disorder can be attributed to war or defence service, specifically whether it can be classified as a war-caused, defence-caused, service injury, service disease, or service death. The RMA invites written submissions from interested parties, with a deadline of 5 October 2018, and provides various channels for submission, including electronic lodging, email, and postal services. This investigation is conducted within the Commonwealth jurisdiction and does not specify any exclusions or exemptions, though it may be subject to further regulation or clarification through subordinate instruments.
Key Provisions
The main sections of this legislation concern the Repatriation Medical Authority's (the Authority) investigation into whether Statements of Principles may be determined in respect of chronic insomnia disorder under section 196G of the Veterans' Entitlements Act 1986 (VEA). The Authority is required to find out whether there is information available about how chronic insomnia disorder may be suffered or contracted, or death from chronic insomnia disorder may occur, and the extent to which chronic insomnia disorder or death from chronic insomnia disorder may be war-caused, defence-caused, a service injury, a service disease or a service death (section 196B(4)). To gather information, the Authority invites written submissions from a range of stakeholders, including veterans, organisations representing veterans, and experts in relevant fields. These submissions are to be lodged electronically through the RMA website or sent via email or post, and must be received by 5 October 2018 (section 196G).
The obligations and requirements imposed by the Act on the parties it governs include the need to submit written information to the Authority by the specified date. The Authority itself has an obligation to consider the submissions it receives and to carry out its investigation with a view to determining whether Statements of Principles can be determined for chronic insomnia disorder. The Act also requires the Authority to hold a meeting to discuss the investigation, which is scheduled for 9 October 2018 (section 196G).
The Act does not explicitly state any offences, penalties, or consequences for breach. However, the failure to comply with the requirements of the Act, such as not submitting a required submission by the specified date, could potentially result in the Authority's investigation being hindered or delayed. This, in turn, could have implications for the determination of Statements of Principles for chronic insomnia disorder. It is important to note that while the Act does not specify maximum penalties for non-compliance, such non-compliance could potentially result in legal action being taken against the parties or entities concerned.