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 complex regional pain syndrome.
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 7 June 2016.
Under the VEA, the Authority is required to find out whether there is information available about how complex regional pain syndrome may be suffered or contracted, or death from complex regional pain syndrome may occur, and the extent to which complex regional pain syndrome or death from complex regional pain syndrome 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 [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 20 May 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 4 / 3 /2016
Overview
The Veterans' Entitlements Act 1986, enacted in 1986, was designed to provide various benefits and compensation to veterans, their dependants, and other eligible individuals. A gap identified in this legislation was the need to address specific medical conditions, such as complex regional pain syndrome, in terms of their eligibility for pensions or compensation. The Repatriation Medical Authority, established under the Act, plays a pivotal role in determining whether Statements of Principles should be issued for such conditions. The objective of the Authority, as stated in the Act, is to ensure that veterans and related individuals receive appropriate recognition and support for war-related injuries and diseases.
In 2016, the Authority announced an investigation under section 196G of the Act to assess the eligibility of complex regional pain syndrome as a war-caused, defence-caused, service injury, service disease, or service death. This initiative aims to gather comprehensive information on the condition and its potential links to military service, thereby ensuring that affected individuals receive the benefits and recognition they deserve. The Authority invites submissions from relevant parties, including veterans, organisations representing affected groups, and experts in the field, to aid in this investigation. The findings from this investigation will contribute to the ongoing effort to improve the support and recognition for veterans suffering from complex regional pain syndrome.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 mandates the Repatriation Medical Authority (the Authority) to conduct an investigation into the potential determination of Statements of Principle concerning complex regional pain syndrome. This Act applies to individuals who are eligible to claim pensions under Part II or Part IV of the Veterans' Entitlements Act 1986, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing various veteran groups or their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The Authority invites submissions from these groups to inform its investigation. Submissions must be submitted in writing and received by the Authority by 20 May 2016, with options to submit electronically, via email, or by post. The Authority's investigation extends nationally, with its first meeting scheduled for 7 June 2016, focusing on the war-caused, defence-caused, service injury, service disease, or service death related to complex regional pain syndrome.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) outlines the process by which the Repatriation Medical Authority (the Authority) will conduct an investigation into complex regional pain syndrome. The Authority intends to determine if Statements of Principles can be established in relation to this condition (s 196G(1)). This section invites submissions from eligible individuals and organisations, including those who might have a claim for pension or compensation, veterans' groups, relevant commissions, and experts in fields pertinent to the investigation (s 196G(2)-(3)). The Authority will convene its first meeting for this investigation on 7 June 2016 (s 196G(4)). The VEA mandates that the Authority explore whether there is available information on how complex regional pain syndrome may be contracted, suffered, or result in death, and to what extent these occurrences can be classified as war-caused, defence-caused, a service injury, a service disease, or a service death (s 196B(4)).
Entities and individuals subject to the Act are obligated to provide written submissions to the Authority by 20 May 2016. This includes those eligible for pension or compensation claims, veteran representatives, commissions, and experts (s 196G(2)-(3)). The Authority has provided a means for submissions to be lodged electronically via the RMA website or by email and post. Guidance on the process can be found through the RMA Submission Guidelines available online (s 196G(2)-(3)). The Authority can be contacted for further assistance regarding the submission process. The Authority’s mandate under the VEA requires it to ascertain the availability of information on the causation and classification of complex regional pain syndrome in relation to military service (s 196B(4)).
Failure to comply with the requirements of the Act may lead to legal consequences. While specific offences are not detailed in the Notice, the VEA and related acts provide for penalties for non-compliance. Generally, penalties for breaches of the VEA may include fines, imprisonment, or both, depending on the severity and nature of the breach. The Military Rehabilitation and Compensation Act 2004 (MRCA) similarly outlines potential penalties for non-compliance, which could range from fines to imprisonment. The maximum penalties are not specified in the Notice but can be found within the respective acts.
The Authority is authorised to carry out this investigation under the VEA to determine if Statements of Principles can be made for complex regional pain syndrome. Submissions from relevant parties are crucial to this process and must be submitted by the specified deadline. The obligations imposed on the parties include providing timely and relevant written submissions, with potential legal consequences for non-compliance as stipulated in the relevant acts.