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 the following:
- carrying loads; and
- lifting loads,
as factors in lumbar spondylosis.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 62 & 63 of 2014 concerning lumbar spondylosis.
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 7 February 2018.
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 19 January 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 3 / 11 / 2017 |
Overview
The Veterans' Entitlements Act 1986 was enacted to provide for the payment of pensions and other benefits to veterans and their dependants. The Act was introduced to address the need for a comprehensive legal framework to support those who have served in the Australian Defence Force. The policy objective of the Act is to ensure that veterans and their families receive appropriate recognition and support for their service. The Repatriation Medical Authority, established under this Act, plays a critical role in determining the eligibility of veterans for various benefits, including health care and compensation. In the context of the current investigation, the Authority seeks to evaluate the impact of carrying and lifting loads on lumbar spondylosis, aiming to update the relevant Statements of Principles to better reflect the medical understanding and needs of affected veterans. The Authority invites submissions from relevant stakeholders, including veterans, experts, and representative organisations, to inform this investigation.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986, as notified by the Repatriation Medical Authority (the Authority), outlines the process for an investigation into specific factors related to lumbar spondylosis. The investigation pertains to the roles of carrying and lifting loads in the development of lumbar spondylosis, and it is conducted under the framework of Statements of Principles Instrument Nos. 62 and 63 of 2014. This investigation is directed towards individuals and entities with a vested interest in veterans' entitlements and health, including those eligible for pensions or compensation under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts with relevant field expertise. The Authority extends an invitation to these groups to submit written submissions regarding the investigation, which must be received by 19 January 2018. The investigation's scope and application are confined to the context provided by the aforementioned Statements of Principles and do not extend beyond these specified parameters.
The geographic and jurisdictional reach of this investigation is inherently tied to the provisions of the Veterans' Entitlements Act 1986, which is a Commonwealth Act. As such, the investigation applies nationally within Australia, involving all relevant parties and entities operating under the Commonwealth framework. There are no explicit exclusions or thresholds mentioned in the notice, though the scope is inherently limited to the specified factors of lumbar spondylosis and the relevant legislative instruments. The application of this investigation may be further detailed or refined through subordinate instruments issued under the authority of the Act.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates that the Repatriation Medical Authority (the Authority) must give notice of its intention to carry out an investigation into carrying loads and lifting loads as factors in lumbar spondylosis. This investigation is conducted under the context of the Statements of Principles Instrument Nos. 62 & 63 of 2014 concerning lumbar spondylosis. The Authority invites eligible persons and organisations, including those who can make claims for pensions or compensation, representative organisations, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields, to submit written submissions by 19 January 2018.
The obligations imposed by the Act require that submissions be made in writing and be received by the Authority no later than the specified date. Submissions can be lodged electronically through the RMA website, emailed to info@rma.gov.au, or posted to the Authority. The RMA Submission Guidelines are available online to assist with the submission process, and the RMA Secretariat can be contacted for further assistance.
The Act also outlines specific offences and consequences for non-compliance. Although the text does not provide explicit details on penalties, breaches of the submission requirements or other provisions under the VEA could potentially lead to civil or criminal consequences, as stipulated by other sections of the Act. Given the nature of the legislation, penalties might include fines or other legal repercussions, depending on the severity and intent of the breach.
The Authority's first meeting for this investigation is scheduled for 7 February 2018. This date is crucial for those who wish to participate in the investigation by making submissions. Failure to adhere to the deadlines and requirements set out in the notice could potentially affect the validity of any submissions made and might result in exclusion from the investigation process.