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 phenoxyherbicides/dioxin (Agent Orange) as a factor in malignant neoplasm of the bladder.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 96 & 97 of 2011 concerning malignant neoplasm of the bladder.
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 2 August 2016.
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 address, telephone number or email address below for further assistance.
All submissions must be in writing and received by the Authority no later than 15 July 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 22 / 4 /2016
Overview
The Veterans' Entitlements Act 1986 was enacted to provide various benefits to veterans and their families, including pensions, compensation, and healthcare. The Act was introduced to address the needs of veterans and their dependents, ensuring that those who have served the nation receive appropriate support. The Repatriation Medical Authority, acting under section 196G of the Veterans' Entitlements Act 1986, intends to investigate the potential link between phenoxyherbicides/dioxin (Agent Orange) and malignant neoplasm of the bladder, specifically in the context of Statements of Principles Instrument Nos. 96 & 97 of 2011. This investigation aims to gather comprehensive information to inform policy and support those affected. The Authority invites relevant stakeholders, including veterans, organisations representing veterans, and experts in relevant fields, to submit written contributions by 15 July 2016. The first meeting for this investigation is scheduled for 2 August 2016.
Scope and Application
The Repatriation Medical Authority (RMA), pursuant to section 196G of the Veterans' Entitlements Act 1986, has announced an investigation into the potential link between exposure to phenoxyherbicides/dioxin, commonly known as Agent Orange, and the development of malignant neoplasm of the bladder among veterans. This investigation is aligned with Statements of Principles Instrument Nos. 96 & 97 of 2011, which pertain to malignant neoplasm of the bladder. The RMA's investigation aims to evaluate the extent to which exposure to Agent Orange during military service may be considered a contributing factor to bladder cancer among eligible veterans. The authority extends an invitation to eligible claimants, organisations representing veterans, and experts in relevant fields to submit written submissions, providing an opportunity for stakeholders to contribute to the investigation. Submissions are to be made electronically via the RMA website, by email, or by post, and must be received by 15 July 2016.
The scope of this investigation applies to individuals who are eligible to make claims under Part II or Part IV of the Veterans' Entitlements Act 1986, as well as those eligible to claim under section 319 of the Military Rehabilitation and Compensation Act 2004. Furthermore, organisations representing veterans, Australian mariners, members of the armed forces, peacekeeping forces, and their dependents, are also invited to participate. The investigation is conducted within the Commonwealth jurisdiction, and its findings may influence future entitlements and compensation claims related to Agent Orange exposure. The RMA may further define and refine the parameters of this investigation through subordinate instruments, ensuring that the scope remains comprehensive and inclusive of all relevant stakeholders.
Key Provisions
The key operative sections of the Notice of Investigation pertain to the process and scope of the investigation into the link between phenoxyherbicides/dioxin (Agent Orange) and malignant neoplasm of the bladder. Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the framework for the Authority to conduct this investigation, with subsection 196B(7A) specifying the focus on Agent Orange as a potential factor in bladder cancer (paragraph 1). This investigation is contextualised within Statements of Principles Instrument Nos. 96 & 97 of 2011, which address malignant neoplasm of the bladder (paragraph 2).
The Repatriation Medical Authority (the Authority) imposes several obligations on the parties and entities it governs. Eligible claimants, including those under Part II or Part IV of the VEA and section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA), are invited to make written submissions (paragraph 3). Additionally, organisations representing veterans, Australian mariners, members of the Forces, members of the Peacekeeping Forces, and their dependants are encouraged to participate, alongside the Repatriation Commission or the Military Rehabilitation and Compensation Commission (paragraph 4). Individuals with relevant expertise are also invited to contribute to the investigation by submitting their knowledge and insights (paragraph 5).
The Notice of Investigation outlines the process for making submissions, which must be in written form and received by the Authority no later than 15 July 2016. Submissions can be electronically lodged through the RMA website, emailed to info@rma.gov.au, or posted to a specified address (paragraph 6). The RMA Submission Guidelines are available for reference, and the RMA Secretariat can be contacted for further assistance (paragraph 7). The first meeting for this investigation is scheduled for 2 August 2016 (paragraph 8).
The Notice of Investigation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it does emphasise the importance of adhering to the submission deadline and the proper format for submissions. Failure to comply with these requirements may result in the Authority not considering the submission, which could potentially impact the outcomes of the investigation (paragraph 9).