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 Lyme disease.
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 29 September 2015.
Under the VEA, the Authority is required to find out whether there is information available about how Lyme disease may be suffered or contracted, or death from Lyme disease may occur, and the extent to which Lyme disease or death from Lyme disease may be war-caused, defence-caused, a service injury, a service disease or a service death. Persons and organisations wishing to make a submission should obtain a copy of the RMA Submission Guidelines from the RMA website [www.rma.gov.au] or by contacting the RMA Secretariat at the address or telephone number below.
All submissions must be in writing and received by the Authority at the address below no later than 11 September 2015.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 01 / 05 / 2015
Overview
The Veterans' Entitlements Act 1986 was enacted to provide a legislative framework for the entitlements of veterans, including pensions and compensation. The Act was introduced to address the need for a comprehensive and systematic approach to the recognition and compensation of veterans' injuries and diseases that may have been suffered or contracted during their service. The Repatriation Medical Authority, established under the VEA, is responsible for determining Statements of Principles, which are statements that identify the circumstances in which a particular disease or injury is presumed to have been war-caused or defence-caused. In 2015, the Authority initiated an investigation into whether Statements of Principles may be determined in respect of Lyme disease, recognising the potential gap in the current provisions concerning this condition.
The Repatriation Medical Authority, pursuant to section 196G of the Veterans' Entitlements Act 1986, announced its intention to investigate whether Lyme disease could be considered a war-caused or defence-caused condition. The Authority sought submissions from various stakeholders, including veterans, organisations representing military personnel, and experts in relevant fields, to gather comprehensive information on the prevalence, causation, and impact of Lyme disease among service members. The objective of this investigation was to ascertain if there was sufficient evidence to warrant the inclusion of Lyme disease in the Statements of Principles, thereby potentially expanding the scope of entitlements available to affected veterans.
Scope and Application
The Repatriation Medical Authority (the Authority) intends to conduct an investigation under section 196G of the Veterans' Entitlements Act 1986 (the VEA) to ascertain whether Statements of Principles can be determined regarding Lyme disease. The scope of the investigation encompasses individuals eligible to claim pensions 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, Australian mariners, members of the Forces, Peacekeeping Forces, or their dependants, and the Repatriation Commission or the Military Rehabilitation and Compensation Commission. Additionally, individuals with expertise relevant to the investigation are invited to contribute. The investigation will determine if there is available information on how Lyme disease may be contracted, its potential war-caused or defence-caused nature, and its classification as a service injury, disease, or death. Submissions must be written and received by the Authority no later than 11 September 2015. The Authority's jurisdiction and the reach of the VEA are national, and the authority to extend or restrict application is granted through subordinate instruments.
Key Provisions
The main operative sections of the notice of investigation are sections 196B(4) and 196G of the Veterans' Entitlements Act 1986 (VEA). Section 196B(4) provides the statutory basis for the Authority to investigate whether there is information available about Lyme disease in relation to its potential war-caused, defence-caused, or service-related aspects. Section 196G formalises the notice of this investigation and mandates the invitation for written submissions from specified stakeholders. The Authority must determine if Statements of Principles may be made regarding Lyme disease and its potential connection to military service.
The obligations imposed by this notice include the requirement for the Authority to conduct a thorough investigation into Lyme disease, focusing on how it may be suffered, contracted, or lead to death, and its potential as a war-caused, defence-caused, service injury, service disease, or service death. The Authority must also invite and consider written submissions from eligible individuals, organisations, and experts. Eligible individuals include those who can claim pensions under Part II or Part IV of the VEA and those who can claim compensation under section 319 of the Military Rehabilitation and Compensation Act 2004. Organisations that can submit include those representing veterans and their dependants, as well as the Repatriation Commission or the Military Rehabilitation and Compensation Commission. Submissions must be made in writing and received by the specified deadline of 11 September 2015.
Failure to comply with the notice or the submission guidelines may result in the exclusion of important information that could affect the outcome of the investigation. There are no direct offences or penalties mentioned in the notice itself, but the investigation's findings could have significant implications for veterans and their families in terms of eligibility for benefits and compensation.
The consequences for breach are not explicitly detailed in the notice. However, the investigation is a formal process under the VEA, and non-compliance with the notice could potentially lead to legal or administrative repercussions. The Authority's findings will be based on the information provided, and any failure to submit relevant information could adversely affect the outcomes of the investigation. The notice serves as a formal call for input from relevant parties, and adherence to the guidelines and deadlines is essential for the integrity of the investigation.