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 hyperacusis.
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 hyperacusis may be suffered or contracted, or death from hyperacusis may occur, and the extent to which hyperacusis or death from hyperacusis 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 / 2 / 2020 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a legal framework for the provision of pensions, allowances, and other benefits to Australian Defence Force (ADF) veterans and their dependants. The Act was introduced to address the need for a comprehensive statutory framework to support those who have served in the ADF, ensuring that they receive the benefits they are entitled to for service-related injuries, diseases, and other hardships. The VEA is administered by the Commonwealth Parliament, with the overarching policy objective of recognising and compensating veterans for the impact of their service on their health and wellbeing. Recently, the Repatriation Medical Authority (RMA) announced an investigation under section 196G of the VEA to determine whether Statements of Principles may be established in relation to hyperacusis. The RMA invites submissions from eligible individuals and organisations to contribute to this investigation, which aims to ascertain the nature and causation of hyperacusis in the veteran population, and its potential link to military service.
Scope and Application
The Repatriation Medical Authority (the Authority) has issued a notice under section 196G of the Veterans' Entitlements Act 1986 (VEA) to conduct an investigation into whether Statements of Principles may be determined in respect of hyperacusis. This notice specifically seeks submissions from individuals who are eligible to make claims under Part II or Part IV of the VEA, as well as those eligible under section 319 of the Military Rehabilitation and Compensation Act 2004. Additionally, submissions are invited from organisations representing various groups including veterans, Australian mariners, and members of the Forces, as well as the Repatriation Commission and the Military Rehabilitation and Compensation Commission. The Authority also welcomes submissions from experts in fields relevant to the investigation. The investigation aims to determine the availability of information on how hyperacusis may be contracted, its potential war-related causation, and whether it qualifies as a service injury or disease. Submissions must be received by the Authority no later than 18 May 2020 and can be lodged electronically via the RMA website, by email, or by post. The Authority's decision to extend or restrict the application of this investigation is subject to the provisions of the VEA and any subordinate instruments.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the legal basis for the Repatriation Medical Authority (the Authority) to carry out an investigation into the potential determination of Statements of Principles in respect of hyperacusis. The Authority seeks to determine if there is sufficient information available to establish how hyperacusis may be suffered or contracted, or death from hyperacusis may occur, and the extent to which these conditions may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. This investigation is mandated by subsection 196B(4) of the VEA. The Authority invites written submissions from various parties, including individuals eligible to claim pensions or compensation, organisations representing veterans and their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions can be submitted via the RMA website, email, or post, and must be received by 18 May 2020.
The Act imposes specific obligations on the entities and individuals it governs. Eligible claimants for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependents, and relevant commissions and experts are required to provide written submissions to the Authority by the specified deadline. These submissions should include relevant information and supporting documentation that can aid the Authority in its investigation into hyperacusis. The Authority will use this information to assess whether Statements of Principles should be determined for hyperacusis. Additionally, the Authority is obligated to review and consider all submissions received by the deadline to ensure a comprehensive investigation.
Breaching the requirements set out in the VEA, particularly in relation to the submission of required information, may lead to civil or criminal consequences. The Act does not explicitly state penalties for non-compliance with the submission process, but failure to provide the necessary information could result in incomplete or inadequate investigation outcomes, potentially disadvantaging those seeking entitlements. While the specific penalties for non-compliance are not detailed in the text, it is implied that adhering to the submission guidelines and deadlines is crucial to ensuring the investigation's effectiveness and the fairness of any resulting decisions.