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. 59 & 60 of 2013 concerning Guillain-Barre 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 4 April 2017.
Under the VEA, the Authority is required to find out whether there is new information available about how Guillain-Barre syndrome may be suffered or contracted, or death from Guillain-Barre syndrome may occur, and the extent to which Guillain-Barre syndrome or death from Guillain-Barre 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 telephone number or email address below for further assistance.
All submissions must be in writing and received by the Authority no later than 17 March 2017.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 20/12/2016
Overview
The Repatriation Medical Authority, established under the Veterans' Entitlements Act 1986, has issued a notice of investigation to review the contents of Statements of Principles Instrument Nos. 59 & 60 of 2013 concerning Guillain-Barre syndrome. This investigation aims to explore new information about how Guillain-Barre syndrome may be suffered or contracted, the extent to which it may be considered war-caused, defence-caused, a service injury, a service disease or a service death. The Authority seeks written submissions from eligible individuals and organisations, including those who may claim pensions or compensation, representatives of veterans and their dependants, and experts in relevant fields. The objective of the Act is to ensure that the entitlements of veterans are accurately assessed and that the causes and extent of conditions such as Guillain-Barre syndrome are thoroughly understood in the context of their service. Submissions can be made electronically, by email, or by post, with a deadline of 17 March 2017.
Scope and Application
The notice of investigation issued under section 196G of the Veterans' Entitlements Act 1986 by the Repatriation Medical Authority (the Authority) pertains specifically to the review of Statements of Principles Instrument Nos. 59 and 60 of 2013 concerning Guillain-Barre syndrome. The Authority's investigation seeks to explore whether there is new information about how Guillain-Barre syndrome may be contracted, suffered from, or lead to death, and the extent to which these conditions may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The investigation extends to inviting written submissions from various stakeholders, including individuals eligible for pensions or compensation under the VEA or Military Rehabilitation and Compensation Act 2004, organisations representing veterans or relevant groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in fields relevant to the investigation. The submission process is outlined, with options for electronic, email, or postal submission, and a clear deadline of 17 March 2017 for receipt of all submissions. The Authority's investigation is mandated by the VEA and is not limited by geographic jurisdiction, applying nationally within the scope of the legislation.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) serves as the primary operative section for this notice, specifying the intention of the Repatriation Medical Authority (the Authority) to carry out an investigation into the contents of Statements of Principles Instrument Nos. 59 & 60 of 2013 concerning Guillain-Barre syndrome (GBS). This investigation aims to review new information about the potential war-caused, defence-caused, service injury, service disease, or service death related to GBS. The Authority seeks written submissions from various eligible persons and organisations, including those eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), veterans' organisations, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields.
The obligations imposed by the Act on the parties and entities it governs are primarily centred on the submission of relevant information and expertise. Eligible individuals and organisations are required to submit their written statements and any supporting information by 17 March 2017. Submissions can be lodged electronically through the RMA website, emailed to info@rma.gov.au, or posted to the specified address. The RMA Submission Guidelines provide further instructions on how to prepare and submit these documents. The Authority, in turn, is required to convene a meeting to review the submissions and any new information they may contain.
In terms of potential offences, penalties, or consequences for breaches, the notice does not explicitly state any civil or criminal penalties for failing to comply with the submission requirements. However, it is reasonable to infer that the failure to submit required information may impact the outcome of the investigation and potentially affect the entitlements of those involved. The notice does not mention any specific maximum penalties for non-compliance. The primary consequence would likely be the exclusion of the non-submitted information from the investigation, potentially affecting the Authority's findings and recommendations.
The notice further emphasises the importance of timely and accurate submissions by providing the necessary contact details for further assistance. The RMA Secretariat can be reached via telephone or email, and the Common Seal of the Repatriation Medical Authority was affixed by Professor Nicholas Saunders AO, the Chairperson, on 20 December 2016. This demonstrates the official status and authority of the notice, ensuring that the submission process is conducted in a formal and legally binding manner.