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 under subsection 196B(7) of the VEA to review the contents of Statements of Principles Instrument Nos. 94 & 95 of 2010 concerning labral tear.
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 Veterans' Entitlements Act 1986;
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 2017.
Under the VEA, the Authority is required to find out whether there is new information available about how labral tear may be suffered or contracted, or death from labral tear may occur, and the extent to which labral tear or death from labral tear 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 [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 telephone number or email address below for further assistance.
All submissions must be in writing and received by the Authority no later than 17 March 2017.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 20/12/2016
Overview
The Repatriation Medical Authority (RMA), as a body established under the Veterans' Entitlements Act 1986, has initiated an investigation to review the contents of Statements of Principles Instrument Nos. 94 & 95 of 2010 concerning labral tear. This investigation aims to determine whether there is new information available about the conditions under which labral tear may be suffered or contracted, or death from labral tear may occur, and to what extent these conditions may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The RMA invites submissions from eligible claimants, organisations representing veterans and their dependants, relevant commissions, and experts in related fields to provide insights that could influence the review process. The investigation seeks to ensure that the entitlements and compensation provided under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act are accurately aligned with the current understanding of service-related conditions.
Scope and Application
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, is mandated to investigate and review the contents of Statements of Principles Instrument Nos. 94 & 95 of 2010 concerning labral tear. This investigation aims to ascertain whether new information exists about how labral tear may be suffered or contracted, or how death from labral tear may occur, and to determine the extent to which labral tear or death from labral tear may be war-caused, defence-caused, a service injury, a service disease, or a service death. The investigation applies to a range of eligible individuals and organisations, including those who are eligible to make a claim for pension under Part II or Part IV of the Veterans' Entitlements Act 1986, those eligible to claim compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts in relevant fields. The geographic and jurisdictional reach of this Act is national, as it pertains to matters throughout Australia. Submissions can be made electronically through the RMA website or via email or post, and must be received by 17 March 2017.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the framework for the Repatriation Medical Authority (the Authority) to carry out an investigation into the contents of Statements of Principles Instrument Nos. 94 & 95 of 2010 concerning labral tear. The Authority intends to review the information available about how labral tear may be suffered, contracted, or result in death, and assess the extent to which such conditions are war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites relevant parties, including claimants, representatives, and experts, to make written submissions on this matter. Submissions are to be submitted electronically via the RMA website, by email, or by post, and must be received by 17 March 2017. The RMA provides guidelines and assistance for making submissions.
The Act imposes several obligations on the parties involved in the investigation. Eligible claimants, representatives, and experts must submit written submissions by the specified deadline. Submissions should detail their views on the matter, providing any new information or expertise that may be relevant. The Repatriation Commission and Military Rehabilitation and Compensation Commission may also be required to provide input or evidence as part of the investigation. The Authority will consider all submissions and any additional evidence presented during the course of the investigation. Failure to comply with the submission requirements may result in the Authority not considering the party's views, potentially impacting the outcome of the investigation.
The Act does not explicitly outline offences or penalties for failing to comply with the notice of investigation or submission requirements. However, non-compliance may result in the Authority disregarding the party's input, which could impact the outcome of the investigation. While there are no stated civil or criminal penalties for such failures, the consequences of being excluded from the investigation process could be significant, particularly for claimants seeking benefits related to labral tear. The Authority may impose internal procedural consequences on non-compliant parties, such as delaying or limiting their involvement in the investigation.