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 hypogonadism.
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 10 February 2021.
Under the VEA, the Authority is required to find out whether there is information available about how hypogonadism may be suffered or contracted, or death from hypogonadism may occur, and the extent to which hypogonadism or death from hypogonadism 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 1 February 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 24 / 12 / 2020 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide entitlements to veterans and their dependants. In order to address the problem of identifying whether certain medical conditions, such as hypogonadism, are related to military service, the Repatriation Medical Authority (the Authority) under the VEA intends to carry out an investigation. The Authority's intention is to determine if there is sufficient information to establish a connection between hypogonadism and military service, which could then inform the determination of Statements of Principles. The Authority invites eligible individuals and organisations, including those with relevant expertise, to submit written statements by 1 February 2021. This initiative aims to ensure that all relevant perspectives are considered in the investigation, thereby supporting the policy objective of accurately recognising and compensating for service-related medical conditions.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to the Repatriation Medical Authority's (RMA) mandate to investigate potential links between hypogonadism and war-related or defence-related causes. This investigation extends to determining whether Statements of Principles may be formulated concerning hypogonadism. The scope of the Act includes inviting submissions from various stakeholders, such as individuals eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts with relevant expertise. The RMA's jurisdiction under this Act is not limited by geographic boundaries within Australia but rather focuses on the specific issue of hypogonadism in the context of military service. While the Act itself sets out the parameters for the investigation, it does not explicitly state exclusions or thresholds, though the RMA may establish such details through subordinate instruments. Submissions for the investigation must be submitted by 1 February 2021, with options for electronic, email, or postal submissions, as outlined in the RMA guidelines.
Key Provisions
The key provisions of the Notice of Investigation issued by the Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) focus on the exploration of hypogonadism in the context of veterans' entitlements. Under subsection 196B(4) of the VEA, the Authority has announced its intention to investigate whether Statements of Principles may be determined in respect of hypogonadism. This investigation aims to ascertain the extent to which hypogonadism or death from hypogonadism may be linked to military service, either as a war-caused, defence-caused, service injury, service disease, or service death.
The Authority has specified several categories of persons and organisations that can make written submissions to aid in this investigation. These include individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant field expertise. Submissions must be submitted by 1 February 2021 and can be lodged electronically via the RMA website, emailed, or posted to the designated address. The RMA Submission Guidelines are available for further assistance, and the RMA Secretariat can be contacted for any additional support required.
The obligations imposed by the VEA on the parties involved in this investigation are primarily to provide relevant information and expertise. Eligible individuals and organisations are required to submit written submissions that may include personal experiences, statistical data, and expert opinions on the potential links between hypogonadism and military service. The Authority, in turn, is obligated to consider all submissions received by the deadline and to use the information provided to determine whether Statements of Principles may be established.
There are no explicit offences, penalties, or consequences outlined in this Notice of Investigation. However, failure to comply with the submission guidelines or the deadline could result in the Authority considering the absence of input from these key stakeholders, potentially impacting the thoroughness and effectiveness of the investigation. Although there are no stated penalties for non-compliance, the consequences could affect the investigation's outcome and the subsequent determination of veterans' entitlements related to hypogonadism.