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 the following:
- dust; and
- recurrent lower respiratory tract infections,
as factors in chronic obstructive pulmonary disease.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 37 & 38 of 2014 concerning chronic obstructive pulmonary disease.
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 3 June 2015.
Persons and organisations wishing to make a submission should obtain a copy of the RMA Submission Guidelines from the RMA website [www.rma.gov.au] or by contacting the RMA Secretariat at the address or telephone number below.
All submissions must be in writing and received by the Authority at the address below no later than 18 May 2015.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 19 / 12 /2014
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a legislative framework for the entitlement of veterans, their families, and dependants to various benefits and services, addressing the gap in support and recognition for the sacrifices made by service personnel. The Act was introduced by the Commonwealth Parliament to ensure that veterans receive the necessary support and recognition for their service. The policy objective of the VEA is to provide financial and medical assistance to veterans who have been affected by their service, thereby acknowledging their contributions and sacrifices. The Repatriation Medical Authority, under section 196G of the VEA, has initiated an investigation into the role of dust and recurrent lower respiratory tract infections as factors in chronic obstructive pulmonary disease among veterans, in the context of Statements of Principles Instrument Nos. 37 & 38 of 2014. This investigation aims to further the understanding of the impact of these factors on veterans' health and to potentially expand the scope of entitlements under the Act.
Scope and Application
The Repatriation Medical Authority (the Authority), under section 196G of the Veterans' Entitlements Act 1986, is conducting an investigation into dust and recurrent lower respiratory tract infections as factors in chronic obstructive pulmonary disease. This investigation pertains specifically to Statements of Principles Instrument Nos. 37 & 38 of 2014 concerning chronic obstructive pulmonary disease. The scope of the investigation extends to inviting written submissions from various stakeholders including individuals eligible to make claims for pensions or compensation under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions are due by 18 May 2015, and the Authority’s first meeting for this investigation is scheduled for 3 June 2015. The Authority’s investigation is nationally focused and is aimed at understanding the impact of specified factors on chronic obstructive pulmonary disease among veterans, thereby potentially affecting entitlements and medical assessments under the relevant Acts.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) includes a provision under section 196G, which allows the Repatriation Medical Authority (the Authority) to conduct investigations into specific factors that may be relevant to certain medical conditions. In this instance, section 196G is being used to facilitate an investigation into the role of dust and recurrent lower respiratory tract infections as factors in chronic obstructive pulmonary disease. This investigation is conducted in the context of Statements of Principles Instrument Nos. 37 and 38 of 2014, which address the causation of chronic obstructive pulmonary disease. The Authority's intention is to gather comprehensive data and expert opinions to inform its findings and recommendations.
The Authority has an obligation to seek written submissions from various stakeholders, including individuals who are eligible to make claims under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans and related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. These submissions are essential for ensuring that the investigation is informed by a broad range of perspectives and evidence. Interested parties are required to adhere to the guidelines provided by the Authority and submit their contributions by the specified deadline, in this case, 18 May 2015.
The Act imposes several requirements on the parties involved in this investigation. For instance, eligible claimants and representative organisations must prepare and submit their written submissions in accordance with the RMA Submission Guidelines, which can be accessed via the RMA website or by contacting the RMA Secretariat. Additionally, the Authority must conduct its first meeting for this investigation on the specified date, 3 June 2015, to begin the formal process of gathering and reviewing submissions. Failure to comply with these requirements could undermine the integrity and effectiveness of the investigation.
Failure to comply with the provisions of the Act or the specific requirements set out in the notice of investigation can result in various legal consequences. Although the exact nature of these consequences is not detailed in the notice, breaches of statutory obligations under the VEA can generally lead to civil or criminal penalties. The severity of these penalties can vary widely, depending on the nature and extent of the breach. In some cases, individuals or organisations may face fines, imprisonment, or other sanctions, depending on the specific circumstances and the discretion of the relevant authorities.