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 No. 55 of 2014, as amended & No. 56 of 2014 concerning chronic multisymptom illness.
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.
Under the VEA, the Authority is required to find out whether there is new information available about how chronic multisymptom illness may be suffered or contracted, or death from chronic multisymptom illness may occur, and the extent to which chronic multisymptom illness or death from chronic multisymptom illness 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 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), enacted in 1986, addresses the rights of veterans to pensions and compensation for injuries or diseases contracted during their service. The Act was designed to provide a legal framework for ensuring that veterans and their families receive appropriate support and recognition for the sacrifices made during military service. The Repatriation Medical Authority, established under the VEA, was introduced to conduct investigations and review the contents of Statements of Principles related to specific medical conditions, such as chronic multisymptom illness, in order to determine their war-related causes and extent of coverage under the Act. The Authority aims to ensure that the entitlements provided under the VEA are fair and reflective of the latest medical and scientific understanding of conditions affecting veterans.
The Repatriation Medical Authority, as an instrumentality of the Commonwealth Government, is mandated to undertake investigations into specific medical conditions affecting veterans, such as chronic multisymptom illness. This particular investigation, announced in the Gazette on 26 April 2019, seeks to review the Statements of Principles concerning chronic multisymptom illness to ascertain new information regarding its causes, war-related origins, and the extent to which it may be considered a service injury or disease. The Authority's goal is to provide a comprehensive and updated understanding of chronic multisymptom illness, thereby ensuring that veterans receive appropriate recognition and support under the provisions of the VEA.
Scope and Application
The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986, has issued a notice of investigation regarding the contents of Statements of Principles Instrument No. 55 of 2014, as amended, and No. 56 of 2014, which concern chronic multisymptom illness. This notice applies to a broad range of stakeholders including individuals eligible to make claims for pensions or compensation under the Act, organisations representing veterans and other relevant groups, and experts in fields pertinent to the investigation. The Authority's investigation extends to determining new information about the causes and war-related origins of chronic multisymptom illness and death. The scope of the investigation is national, as it pertains to all eligible individuals and organisations within Australia. The submission process is inclusive and can be conducted electronically via the RMA website, by email, or by post, with all submissions due by 19 July 2019. The Authority, under the VEA, ensures that its investigation is comprehensive and that all relevant voices are heard in the process.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) section 196G, as referenced in the notice, initiates a review process whereby the Repatriation Medical Authority (the Authority) will investigate the contents of Statements of Principles Instrument No. 55 of 2014 and No. 56 of 2014 concerning chronic multisymptom illness. This investigation is intended to ascertain if there is new information regarding the causes, contraction, and consequences of chronic multisymptom illness, specifically its potential war-related origins or its classification as a service injury, service disease, or service death. The Authority's investigation is a formal process under the VEA, aimed at updating and refining the understanding of these health issues among veterans.
The VEA imposes specific obligations on various stakeholders, including individuals eligible for pension or compensation claims under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans or their dependants, and experts in relevant fields. These parties are invited to submit written submissions to the Authority to contribute to the investigation. Submissions must be made by 19 July 2019 and can be lodged electronically via the RMA website, emailed to info@rma.gov.au, or posted to the provided address. The RMA provides guidelines for preparing these submissions and offers assistance through its Secretariat.
Under the VEA, there are defined consequences for failure to comply with the requirements of the investigation. Although specific offences or penalties for non-compliance are not detailed in the notice, it is implicit that adherence to the submission guidelines and deadlines is crucial. The Authority's mandate under the VEA allows it to enforce compliance through its regulatory powers, ensuring that all relevant submissions are received and considered in the investigation process.
The notice also includes procedural details, such as the date of the first meeting for the investigation (7 August 2019) and the authority under which the notice is issued (Professor Nicholas Saunders AO, Chairperson of the Repatriation Medical Authority). This procedural information ensures transparency and facilitates the orderly conduct of the investigation, allowing all parties to understand and fulfil their roles within the legislative framework.