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 benzene in the following Statements of Principles:
Condition: Instrument Nos.:
acute lymphoblastic leukaemia | 75 of 2012 |
aplastic anaemia | 50 & 51 of 2012 |
chronic lymphocytic leukaemia/small lymphocytic lymphoma | 84 of 2014 |
myeloma | 69 of 2012, as amended |
non-Hodgkin's lymphoma | 28 of 2010, as amended |
This Notice of Investigation broadens the terms of the previously advertised Notice of Investigation which appeared in the Government Notices Gazette of 1 September 2015.
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 9 February 2016.
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 22 January 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 4 / 12 /2015
Overview
The Veterans' Entitlements Act 1986, enacted in 1986, serves to provide a framework for the entitlements of veterans in Australia, addressing the need for recognition and support for those who have served in the defence forces. This legislation was introduced by the Australian Parliament to ensure that veterans and their dependants receive the necessary benefits and support, particularly in the areas of pensions, compensation, and healthcare. The Act aims to fill the gap in providing a structured and formalised approach to recognising the sacrifices and services of veterans, thereby ensuring their welfare is adequately catered for.
The Repatriation Medical Authority, pursuant to section 196G of the VEA, has issued a Notice of Investigation regarding the potential link between benzene exposure and certain medical conditions, including acute lymphoblastic leukaemia, aplastic anaemia, chronic lymphocytic leukaemia/small lymphocytic lymphoma, myeloma, and non-Hodgkin's lymphoma. This investigation seeks to expand on previous inquiries by inviting written submissions from eligible claimants, representatives of veterans, and experts in relevant fields. The policy objective is to thoroughly examine the evidence surrounding benzene exposure and its potential impact on veterans' health, ensuring that the entitlements and support provided are comprehensive and accurate.
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 benzene and its association with specific medical conditions, including acute lymphoblastic leukaemia, aplastic anaemia, chronic lymphocytic leukaemia/small lymphocytic lymphoma, myeloma, and non-Hodgkin's lymphoma. This Notice of Investigation extends to individuals who are eligible to make claims for pension under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, and organisations representing veterans and related groups. The Authority also invites submissions from the Repatriation Commission or the Military Rehabilitation and Compensation Commission, as well as individuals with relevant expertise. The Notice aims to gather comprehensive input to inform the investigation and has a jurisdictional reach that includes the Commonwealth of Australia, affecting those within its legislative framework. Submissions are to be made in writing and must be received by the Authority no later than 22 January 2016. The Authority will hold its first meeting for this investigation on 9 February 2016.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the formal Notice of Investigation issued by the Repatriation Medical Authority (the Authority). This section mandates that the Authority intends to investigate the presence of benzene in relation to several specific conditions as outlined in the Statements of Principles. These conditions include acute lymphoblastic leukaemia (Instrument No. 75 of 2012), aplastic anaemia (Instrument Nos. 50 and 51 of 2012), chronic lymphocytic leukaemia/small lymphocytic lymphoma (Instrument No. 84 of 2014), myeloma (Instrument No. 69 of 2012, as amended), and non-Hodgkin's lymphoma (Instrument No. 28 of 2010, as amended). This Notice broadens a previous Notice of Investigation published on 1 September 2015.
The obligations placed on various parties and entities by this Notice are primarily focused on inviting and accepting submissions from relevant stakeholders. The Authority seeks written submissions from individuals eligible to claim pensions or compensation, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant field knowledge. Submissions are crucial for the Authority to gather comprehensive information and perspectives on the impact of benzene on the specified conditions. All submissions must adhere to the guidelines provided by the RMA and must be received by the Authority by 22 January 2016.
The Notice also specifies the date for the first meeting of the Authority to discuss this investigation, set for 9 February 2016. This meeting will be a pivotal moment for the Authority to review the submissions and commence the investigation process. Furthermore, the Notice provides detailed instructions on how to obtain the RMA Submission Guidelines, either through the RMA website or by contacting the RMA Secretariat directly. This ensures that all parties are well-informed and can participate effectively in the investigation.
In terms of penalties and consequences, the Notice does not explicitly detail offences or penalties for non-compliance with the submission requirements. However, it is implied that failure to comply with the specified submission guidelines and deadlines may affect the Authority's ability to conduct a thorough investigation. The Notice does not explicitly state penalties for such non-compliance, but it underscores the importance of adhering to the guidelines to facilitate a comprehensive and effective investigation process.