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 exposure to phenoxyherbicides/dioxin (Agent Orange) as a factor in hypertension.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 63 & 64 of 2013 concerning hypertension.
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 9 April 2019.
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 March 2019.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 21 / 12 / 2018 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide various benefits and services to veterans, including pensions, compensation, and medical care. In 2019, the Repatriation Medical Authority (the Authority), established under the VEA, announced an investigation into the potential link between exposure to phenoxyherbicides/dioxin (Agent Orange) and hypertension. This investigation was conducted in the context of Statements of Principles Instrument Nos. 63 & 64 of 2013 concerning hypertension. The Authority sought written submissions from eligible claimants, representatives of veterans and their dependants, relevant Commissions, and experts in relevant fields by 18 March 2019, with the first meeting for the investigation scheduled for 9 April 2019. The aim of this investigation was to gather information and perspectives to inform the Authority's findings on the matter.
Scope and Application
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, intends to conduct an investigation into exposure to phenoxyherbicides/dioxin (Agent Orange) as a contributing factor to hypertension, in the context of Statements of Principles Instrument Nos. 63 and 64 of 2013 concerning hypertension. This investigation is open to various stakeholders including individuals eligible for pensions under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations 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 experts in relevant fields. The Authority invites these entities to submit written evidence by 18 March 2019 via the RMA website, email, or postal mail. The scope of the Act applies to the Commonwealth and specifically targets individuals and organisations with a vested interest in veterans' health and compensation claims related to exposure to hazardous substances. No specific exclusions, exemptions, or thresholds are mentioned in the notice, and the application of the Act may be further defined through subordinate instruments.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) has announced an investigation into exposure to phenoxyherbicides/dioxin (Agent Orange) as a contributing factor in hypertension. This investigation is specifically tied to Statements of Principles Instrument Nos. 63 and 64 of 2013, which address hypertension. The Authority has extended invitations to eligible individuals and organisations to submit written statements regarding the investigation. These include veterans or their dependants eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), representatives of veterans' and military organisations, and experts in relevant fields. Submissions can be made electronically through the RMA website, via email, or by post, and must be received by 18 March 2019. The first meeting for this investigation is scheduled for 9 April 2019.
The VEA and the MRCA impose obligations on various parties regarding this investigation. Eligible individuals must prepare and submit written submissions by the stipulated deadline. Organisations, including the Repatriation Commission and the Military Rehabilitation and Compensation Commission, are required to provide input relevant to their expertise and the needs of the investigation. Experts in relevant fields must ensure their submissions are well-founded and supported by credible information. The Authority is responsible for facilitating the submission process, ensuring all relevant materials are considered in the investigation.
Failure to comply with the submission requirements or providing false information can result in significant consequences. Under section 196H of the VEA, the Authority has the power to impose fines for non-compliance. The maximum penalty for providing false or misleading information can be substantial, reflecting the seriousness of the investigation and the need for accurate data. The exact penalties are not specified in the notice but typically align with the legal frameworks governing the submission and investigation processes. Ensuring compliance is crucial for all parties involved to avoid potential legal repercussions.