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 exposure to carbamate insecticides and fungicides as a factor in malignant neoplasm of the brain.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 85 and 86 of 2016, as amended, concerning malignant neoplasm of the brain.
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 July 2021.
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 18 June 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 21 / 05 / 2021 |
Overview
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, has issued a notice of investigation regarding the potential link between exposure to carbamate insecticides and fungicides and malignant neoplasm of the brain. This investigation is being conducted in accordance with Statements of Principles Instrument Nos. 85 and 86 of 2016, as amended. The Authority seeks written submissions from various stakeholders, including eligible claimants, relevant commissions, and experts in the field, to gather comprehensive information and perspectives on the matter. Submissions are to be submitted electronically, via email, or by post, and must be received by 18 June 2021. The Authority's first meeting for this investigation is scheduled for 7 July 2021, aiming to address gaps in understanding and potentially extend veterans' entitlements to cover this specific health condition.
This initiative, overseen by the Repatriation Medical Authority, aims to fill the identified gap in knowledge regarding the impact of carbamate insecticides and fungicides on veterans' health, particularly concerning malignant neoplasm of the brain. By inviting contributions from affected individuals, representative organisations, and experts, the Authority seeks to inform its investigation and potentially expand the scope of veterans' entitlements, ensuring that those who have served are adequately supported in relation to their health needs.
Scope and Application
The notice of investigation issued by the Repatriation Medical Authority under section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to an inquiry into the potential link between exposure to carbamate insecticides and fungicides and the development of malignant neoplasm of the brain. This investigation is conducted in the context of Statements of Principles Instrument Nos. 85 and 86 of 2016, as amended. The scope of this investigation is directed towards individuals and entities that have a direct interest or expertise in the subject matter. Eligible persons include those who can claim pensions under Part II or Part IV of the VEA, those who can claim compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts with relevant field expertise. The investigation is not limited by geographic or jurisdictional boundaries within Australia but is specifically focused on the legislative framework provided by the VEA and related acts. The Authority does not specify any exclusions, exemptions, or thresholds in this notice but invites submissions from interested parties by 18 June 2021, which can be made electronically, via email, or by post. The first meeting to discuss this investigation is scheduled for 7 July 2021. The Authority may extend or restrict the application of this investigation through subordinate instruments, but such details are not provided in this notice.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) is the key provision that establishes the framework for the investigation. According to this section, the Repatriation Medical Authority (the Authority) is required to conduct an investigation into the potential link between exposure to carbamate insecticides and fungicides and malignant neoplasm of the brain, specifically in the context of Statements of Principles Instrument Nos. 85 and 86 of 2016, as amended. The Authority is mandated to invite written submissions from eligible individuals and organisations to aid in the investigation.
The obligations imposed by this Act are multifold. Firstly, the Authority must formally notify those eligible to make claims or with relevant expertise about the investigation and invite their written submissions (section 196G(1)). These submissions are to be received by the Authority no later than 18 June 2021, and they can be lodged electronically, by email, or by post, as detailed in the notice. Secondly, the Authority must ensure that all submissions are in writing and comply with the guidelines provided on the RMA website.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for failure to comply with the notice or submission requirements. However, it is implied that non-compliance may affect the consideration of the submissions in the investigation process. The Authority retains the discretion to decide the impact of any non-compliant submissions.
The Authority’s notice, signed by Professor Nicholas Saunders AO, the Chairperson, as of 21 May 2021, formalises the commitment to the investigation and sets the timeline for submission. This notice serves to mobilise relevant stakeholders and ensures that the investigation is as comprehensive as possible, given the expertise and insights of the invited participants. The Authority’s first meeting for this investigation is scheduled for 7 July 2021, providing a structured timeline for the process.