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(7) of the VEA to review the contents of Statements of Principles concerning malignant neoplasm of the brain Nos. 58 & 59 of 2008, as amended.
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 1 December 2015.
Under the VEA, the Authority is required to find out whether there is new information available about how malignant neoplasm of the brain may be suffered or contracted, or death from malignant neoplasm of the brain may occur, and the extent to which malignant neoplasm of the brain or death from malignant neoplasm of the brain 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 20 November 2015.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 21/ 08 /2015
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a comprehensive framework for the entitlements of veterans and their families. A notable gap addressed by this legislation is the need for continuous review and updating of medical conditions recognised as war-related or service-related, ensuring that veterans receive appropriate benefits and compensation. The VEA was enacted by the Parliament of Australia, with a policy objective to provide fair and equitable entitlements to those who have served in the Australian Defence Force. As part of this ongoing commitment, the Repatriation Medical Authority (RMA) is mandated to review and investigate the conditions under which certain diseases, such as malignant neoplasm of the brain, may be considered war-caused or service-related. The RMA's investigation into Statements of Principles concerning malignant neoplasm of the brain Nos. 58 & 59 of 2008 aims to identify any new information that could affect the eligibility and compensation of affected veterans.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to the Repatriation Medical Authority's (the Authority) mandate to investigate and review Statements of Principles concerning malignant neoplasm of the brain Nos. 58 & 59 of 2008, as amended. This legislation applies to various individuals and entities, including those eligible to make claims for pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. The investigation is geographically and jurisdictionally applicable within the Commonwealth of Australia, as dictated by the VEA. The Authority is tasked with determining the availability of new information regarding the causation, contraction, or occurrence of malignant neoplasm of the brain, and the extent to which such conditions may be attributed to war, defence service, or military service. Any exclusions, exemptions, or thresholds are not explicitly stated in the provided text. The Authority's investigation may be extended or restricted through subordinate instruments as necessary to fulfil its statutory objectives.
Key Provisions
The main sections of the notice concern the review of Statements of Principles regarding malignant neoplasm of the brain Nos. 58 and 59 of 2008, as amended, under section 196G of the Veterans' Entitlements Act 1986 (VEA) (1). The Repatriation Medical Authority (the Authority) is mandated to investigate and review these statements to ascertain if new information is available about the causes and conditions of malignant neoplasm of the brain and related deaths, and the extent to which they may be considered war-caused, defence-caused, service injuries, diseases, or deaths (1). The Authority is seeking submissions from eligible individuals and organisations, including veterans, those eligible for compensation, relevant organisations, and experts in the field (1). The first meeting for this investigation is scheduled for 1 December 2015 (1).
The obligations imposed on the parties under the Act require eligible individuals and organisations to submit their written submissions by 20 November 2015 (1). These submissions should provide any relevant information that could aid the Authority in its investigation into the potential war-related causes of malignant neoplasm of the brain. The Authority will consider these submissions in its review process to determine if the existing Statements of Principles need to be amended based on the new information provided (1).
Any breach of the submission requirements, such as failing to submit written submissions by the specified deadline, may result in the Authority not considering the information provided by the party in question. While the notice does not explicitly state penalties for non-compliance, failure to submit relevant information might adversely impact the outcomes of the investigation and subsequent amendments to the Statements of Principles (1). Additionally, the Authority retains the discretion to pursue further action against any party that fails to comply with the submission process. However, specific penalties or consequences for non-compliance are not outlined in the notice (1).