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 coronavirus disease 2019 (COVID-19).
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 2 June 2020.
Under the VEA, the Authority is required to find out whether there is information available about how coronavirus disease 2019 (COVID-19) may be suffered or contracted, or death from coronavirus disease 2019 (COVID-19) may occur, and the extent to which coronavirus disease 2019 (COVID-19) or death from coronavirus disease 2019 (COVID-19) 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 18 May 2020.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 20 / 4 / 2020 |
Overview
The Veterans' Entitlements Act 1986 (VEA) is an Australian legislation enacted to address the entitlements of veterans and their dependants. It was enacted by the Parliament of Australia to provide a comprehensive framework for the administration of benefits, services, and compensation to eligible veterans and their families. The Act aims to ensure that veterans who have served their country are appropriately recognised and supported in their time of need. The Repatriation Medical Authority, established under the VEA, is responsible for carrying out investigations to determine whether Statements of Principles can be established in relation to specific health conditions, including emerging diseases like COVID-19. In this instance, the Authority intends to investigate the potential war-related or defence-related causes of COVID-19 to inform the eligibility of veterans and their families for related benefits and compensation. The Authority invites relevant stakeholders to submit written submissions by 18 May 2020, to aid in its investigation.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) has issued a notice of investigation concerning whether Statements of Principles may be determined in relation to coronavirus disease 2019 (COVID-19). The scope of the investigation includes determining if there is available information about how COVID-19 may be suffered or contracted, or death from COVID-19 may occur, and the extent to which these may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. This investigation is conducted within the Commonwealth jurisdiction and applies to persons eligible to make a claim for pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and other relevant groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. Submissions are invited from these specified groups and can be made electronically via the RMA website, by email, or by post, with a deadline of 18 May 2020. The Authority may extend or restrict the application of this investigation through subordinate instruments as necessary.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) intends to carry out an investigation to determine whether Statements of Principles may be established in respect of coronavirus disease 2019 (COVID-19). This investigation aims to explore whether COVID-19, or death from it, may be categorised as war-caused, defence-caused, a service injury, a service disease, or a service death (s196B(4)). The Authority is soliciting written submissions from eligible claimants, representatives of veterans and their dependants, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions can be made electronically through the RMA website, by email, or by post, and must be received by 18 May 2020.
The obligations imposed by this Act require those invited to submit to do so by the specified deadline. Submissions should include any relevant information or expertise that might assist the Authority in determining the eligibility of COVID-19-related claims under the VEA. This includes information about how COVID-19 may be suffered, contracted, or lead to death, and the extent to which these outcomes might be linked to service in the Defence Force. The Authority will consider all submissions in its investigation, which will begin with its first meeting on 2 June 2020.
Failure to comply with the submission requirements could result in the exclusion of relevant information from the Authority’s investigation, potentially affecting the outcomes of any related claims. The VEA does not explicitly outline specific offences, penalties, or consequences for non-compliance with these submission requirements. However, the Authority’s findings may have significant implications for eligible claimants, impacting their entitlements under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA).
While the legislation does not specify penalties for non-compliance with the submission process, it is critical for interested parties to adhere to the guidelines to ensure their perspectives are considered in the investigation. The Authority’s findings could lead to broader policy changes or new Statements of Principles, which would affect the rights and benefits of eligible veterans and their dependants.