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 knee bursitis.
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 4 April 2018.
Under the VEA, the Authority is required to find out whether there is information available about how knee bursitis may be suffered or contracted, or death from knee bursitis may occur, and the extent to which knee bursitis or death from knee bursitis 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 23 March 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 19 / 01 / 2018 |
Overview
The Veterans' Entitlements Act 1986 was enacted to provide for the payment of pensions and other benefits to veterans and their dependants, and to establish the Repatriation Medical Authority (RMA) to advise the Minister on medical aspects of entitlements under the Act. The RMA is mandated to investigate conditions that may be war-caused, defence-caused, a service injury, a service disease, or a service death. In light of this mandate, the Authority announced its intention to investigate knee bursitis to determine if Statements of Principles may be warranted for this condition. The objective of this investigation is to ascertain the extent to which knee bursitis may be attributable to service and thus eligible for benefits under the Act. The RMA invites submissions from relevant stakeholders, including veterans, organisations representing veterans, and experts in relevant fields, to ensure the investigation is comprehensive and informed by a wide range of perspectives.
Scope and Application
The Repatriation Medical Authority (RMA) has issued a notice under section 196G of the Veterans' Entitlements Act 1986 (VEA) to conduct an investigation into whether Statements of Principle may be determined in respect of knee bursitis. This investigation applies to a range of individuals and entities including those eligible to make claims for pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing various groups such as veterans and their dependents, and experts in relevant fields. The investigation is aimed at determining if there is information available about how knee bursitis may be suffered, contracted, or result in death, and the extent to which such conditions may be attributable to war-related, defence-related, or service-related causes. The Authority invites submissions from interested parties by 23 March 2018, which can be lodged electronically, via email, or by post, following the guidelines available on the RMA website. This legislative action extends the scope of the VEA to potentially include knee bursitis in the category of war-caused or defence-caused injuries, pending the findings of the investigation.
Key Provisions
The key sections of the Veterans' Entitlements Act 1986 (VEA) relevant to this notice are sections 196B(4) and 196G. Section 196B(4) permits the Repatriation Medical Authority (the Authority) to investigate whether Statements of Principles may be determined in respect of certain conditions, such as knee bursitis, that could be war-caused, defence-caused, or service-related. Section 196G is the mechanism through which the Authority formally gives notice of its intention to carry out such an investigation. This notice requires the Authority to determine whether there is sufficient information available regarding how knee bursitis might be suffered or contracted, whether it can be war-caused or defence-caused, and the extent to which it may be considered a service injury, disease, or death.
The obligations imposed by the Act on the parties it governs include the requirement for the Authority to invite written submissions from eligible individuals and organisations. These include individuals eligible for a pension under Part II or Part IV of the VEA, those eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. The submissions must be submitted by 23 March 2018 and can be made electronically via the RMA website, by email, or by post. The Authority will hold its first meeting for this investigation on 4 April 2018, indicating a structured timeline for the investigation process.
Breaching the requirements set out in the notice of investigation could lead to various civil or criminal consequences. Although the notice does not explicitly outline specific offences or penalties for non-compliance with the submission process, the general enforcement mechanisms under the VEA could apply. This may include fines or other civil penalties for failure to comply with the statutory requirements to submit information as requested. The maximum penalties, however, are not specified in this notice but would be determined according to the broader provisions of the VEA and related legislation. The Authority is mandated to ensure that all eligible individuals and organisations are given the opportunity to provide their input, and failure to adhere to this process could potentially undermine the investigation's integrity and the Authority's ability to make informed determinations.