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 Nos. 64 & 65 of 2012 concerning concussion. The investigation will include consideration of postconcussion symptoms and postconcussion headache.
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 10 April 2018.
Under the VEA, the Authority is required to find out whether there is new information available about how concussion may be suffered or contracted, or death from concussion may occur, and the extent to which concussion or death from concussion 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 March 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 22 / 12 / 2017 |
Overview
The Veterans' Entitlements Act 1986, enacted by the Commonwealth Parliament, serves to provide various entitlements and benefits to veterans and their families. The Act was introduced to address the need for comprehensive support and recognition for the sacrifices made by Australian Defence Force members. Among its provisions, the Act empowers the Repatriation Medical Authority to conduct investigations into medical conditions affecting veterans. In a recent notice under section 196G, the Authority has announced its intention to investigate Statements of Principles Instrument Nos. 64 & 65 of 2012 concerning concussion, focusing on postconcussion symptoms and headaches. This investigation aims to ascertain any new information about the causes and effects of concussion, particularly in relation to war-related circumstances. The Authority invites submissions from eligible individuals and organisations, encouraging input from those with relevant expertise, to aid in this review process.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 mandates the Repatriation Medical Authority (the Authority) to conduct an investigation to review the contents of Statements of Principles Instrument Nos. 64 & 65 of 2012 concerning concussion, specifically focusing on postconcussion symptoms and postconcussion headache. The scope of this investigation is to ascertain whether new information exists regarding how concussion may be suffered or contracted, or death from concussion may occur, and to what extent these issues may be war-caused, defence-caused, a service injury, a service disease, or a service death. The investigation is open to submissions from various stakeholders including individuals eligible for claims under the Veterans' Entitlements Act, those eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and military personnel, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be received by the Authority no later than 19 March 2018 and can be made electronically via the RMA website, by email, or by post. The Authority will convene its first meeting on 10 April 2018 to commence the investigation.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) outlines the key provisions for the investigation notice issued by the Repatriation Medical Authority (RMA). Under section 196G, the RMA intends to conduct an investigation into the contents of Statements of Principles Instruments Nos. 64 and 65 of 2012, focusing on concussion, including postconcussion symptoms and headaches. This investigation aims to determine if there is new information regarding how concussion may be contracted, the circumstances under which it may occur, and whether it can be classified as a war-caused, defence-caused, service injury, service disease, or service death. The RMA invites relevant stakeholders to submit written submissions by 19 March 2018. These stakeholders include individuals eligible for claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant expertise.
The obligations imposed by this legislation are primarily on those invited to make submissions. Eligible individuals and organisations must prepare and submit their written submissions to the RMA by the specified deadline. The RMA provides various methods for submission, including electronic lodgement via their website, email, or postal mail. The RMA also offers submission guidelines and support through their Secretariat to assist those making submissions. Additionally, the VEA mandates that the RMA conduct this investigation and review the new information on concussion to ensure that veterans' entitlements are accurately assessed and that appropriate benefits are provided.
Breach of the requirements outlined in the VEA may result in civil or criminal consequences. Although the notice does not specify particular offences or penalties, non-compliance with the submission requirements could potentially lead to legal action. The VEA may impose penalties for failure to comply with its provisions, though specific penalties are not detailed in the notice. Additionally, the RMA could take administrative action against individuals or entities that do not adhere to the submission process, potentially affecting their eligibility for claims or compensation. The severity of the consequences would depend on the nature and extent of the non-compliance, and the RMA has the authority to enforce the provisions of the VEA as necessary.