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 bacterial infection of a disc as an onset factor in intervertebral disc prolapse.
This investigation will be carried out in the context of Statement of Principles Instrument No. 44 of 2016 concerning intervertebral disc prolapse.
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 6 October 2020.
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 28 September 2020.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 13 / 08 / 2020 |
Overview
The Veterans' Entitlements Act 1986, enacted in 1986, was introduced to address the need for a comprehensive legislative framework governing the entitlements of Australian veterans and their dependants. This Act is administered by the Parliament of Australia and aims to ensure that veterans and their families receive appropriate recognition and support for their service and its impacts. Recently, the Repatriation Medical Authority, acting under section 196G of the Act, announced an investigation into bacterial infection of a disc as an onset factor in intervertebral disc prolapse. This investigation is in response to Statement of Principles Instrument No. 44 of 2016 and seeks to better understand the relationship between bacterial infection and disc prolapse, which could have significant implications for veterans' health claims and entitlements.
The Authority, as part of this process, is inviting submissions from eligible claimants, representatives of veterans and their families, and experts in relevant fields. This call for submissions underscores the Authority's commitment to a thorough and inclusive investigation, ensuring that all relevant perspectives are considered. The Authority's first meeting regarding this investigation is scheduled for 6 October 2020, with a submission deadline of 28 September 2020. Submissions can be made electronically via the RMA website, by email, or by post, following the guidelines available online. This approach facilitates broad participation and aims to achieve a comprehensive understanding of the issue at hand.
Scope and Application
The Repatriation Medical Authority (the Authority), pursuant to section 196G of the Veterans' Entitlements Act 1986, has announced its intention to conduct an investigation regarding bacterial infection of a disc as a potential onset factor in intervertebral disc prolapse. This investigation is contextualised within Statement of Principles Instrument No. 44 of 2016, which pertains to intervertebral disc prolapse. The Authority extends an invitation to various stakeholders, including individuals eligible to make claims under Part II or Part IV of the Veterans' Entitlements Act 1986, those eligible for compensation under 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 in relevant fields, to submit written submissions by 28 September 2020. Submissions can be made electronically through the RMA website, via email, or by post, with guidelines available online and further assistance accessible through the RMA Secretariat.
The scope of this investigation applies to all eligible individuals and organisations with a vested interest in the matter, aiming to gather comprehensive insights and expert opinions. The jurisdictional reach of the Veterans' Entitlements Act 1986 is national, extending across Australia, thereby encompassing all eligible claimants and relevant entities within the Commonwealth. No specific exclusions, exemptions, or thresholds are mentioned in the notice, but the application of the Act may be further defined through subordinate instruments or regulations.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (the VEA) outlines the Repatriation Medical Authority's (the Authority) intention to investigate bacterial infection of a disc as an onset factor in intervertebral disc prolapse. This investigation will be conducted in the context of Statement of Principles Instrument No. 44 of 2016, which pertains to intervertebral disc prolapse. The Authority has invited specific individuals and entities to submit written submissions on this investigation, including those eligible for pensions or compensation under the VEA or Military Rehabilitation and Compensation Act 2004 (the MRCA), organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts relevant to the investigation. Submissions can be made electronically via the RMA website, by email, or by post, and must be received by the Authority no later than 28 September 2020.
The obligations imposed by this legislation require eligible individuals and entities to submit their written submissions by the specified deadline. The Authority, as the governing body, is tasked with carrying out this investigation, ensuring it adheres to the stipulated timeline and guidelines. The invited parties are expected to provide relevant and pertinent information that may contribute to the investigation’s findings. These submissions are crucial as they will form part of the Authority’s assessment and decision-making process regarding the onset factor of bacterial infection in intervertebral disc prolapse.
Should any party fail to comply with the submission requirements or engage in non-compliance with the legislation, they may face various consequences. While the notice does not explicitly detail specific offences or penalties, breaches of such legislative directives can potentially lead to administrative or legal repercussions. These could include formal warnings, requirement to resubmit information, or in severe cases, legal action for non-compliance. The exact nature of the penalties would be determined based on the severity and impact of the non-compliance, guided by relevant legal frameworks and precedents.
The legislation does not specify particular maximum penalties but implies that any breaches could result in civil or criminal consequences. Civil consequences might include fines, orders for compliance, or injunctions, whereas criminal consequences might involve prosecution leading to imprisonment or substantial fines. The precise penalties would be defined by applicable laws and judicial interpretations, which take into account the context and impact of the non-compliance. It is essential for all involved parties to adhere strictly to the legislative requirements to avoid any adverse outcomes.