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 taking combined hormonal contraceptives as a factor in malignant neoplasm of the breast.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 96 and 97 of 2014, as amended, concerning malignant neoplasm of the breast.
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 April 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 23 March 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 4 / 03 / 2021 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a framework for the administration of veterans' entitlements and benefits in Australia, addressing the need to recognise and compensate service-related disabilities and health issues among veterans. The Repatriation Medical Authority (the Authority), established under the VEA, plays a critical role in determining the eligibility of claims for pensions and compensation. In line with this mandate, the Authority has announced an investigation into the potential link between the use of combined hormonal contraceptives and malignant neoplasm of the breast. This investigation is intended to provide clarity and potentially extend the scope of entitlements under Statements of Principles Instrument Nos. 96 and 97 of 2014, as amended. The Authority is inviting submissions from relevant individuals and organisations to gather comprehensive information and expertise to inform its findings, with the first meeting scheduled for 7 April 2021. Submissions can be made electronically via the RMA website or by post, with a deadline of 23 March 2021.
Scope and Application
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) has issued a notice of an investigation regarding the potential link between the use of combined hormonal contraceptives and the development of malignant neoplasm of the breast. This investigation is conducted within the framework of the Statements of Principles Instrument Nos. 96 and 97 of 2014, as amended, which pertain to malignant neoplasm of the breast. The Authority is inviting written submissions from individuals eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions can be made electronically via the RMA website, by email, or by post, with the deadline set for 23 March 2021. This investigation is part of the broader legislative mandate of the Authority to consider factors that may impact veterans' health entitlements.
Key Provisions
The primary provision of this Gazette is section 196G of the Veterans' Entitlements Act 1986 (VEA), under which the Repatriation Medical Authority (the Authority) intends to conduct an investigation into the potential link between the use of combined hormonal contraceptives and the development of malignant neoplasm of the breast. This investigation is carried out in the context of Statements of Principles Instrument Nos. 96 and 97 of 2014, as amended, which pertain to malignant neoplasm of the breast (section 196G(1)). The Authority is inviting submissions from eligible claimants, relevant organisations, and experts in the field to contribute to the investigation (section 196G(2)).
The Authority imposes specific obligations on the parties it governs. Eligible claimants under Part II or Part IV of the VEA, as well as those eligible to make a claim under section 319 of the Military Rehabilitation and Compensation Act 2004, are invited to make written submissions. Additionally, organisations representing veterans, Australian mariners, members of the Forces, members of the Peacekeeping Forces, members within the meaning of the MRCA, or their dependants, are also invited to submit. Furthermore, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and persons with relevant expertise, are requested to contribute their insights (section 196G(3)). All submissions must be in writing and received by the Authority no later than 23 March 2021, with the option to lodge submissions electronically, via email, or by post (section 196G(4)).
For breaches of the obligations outlined in the Gazette, the VEA provides for both civil and criminal consequences. Although the specific penalties are not detailed within the Gazette, under the VEA, penalties for non-compliance with submissions and other obligations can include fines, imprisonment, or both. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions. The Authority retains the discretion to enforce these penalties as appropriate.
The Authority, through the Repatriation Medical Authority, holds the responsibility to manage the investigation and ensure that all submissions are received by the specified deadline. The Chairperson, Professor Nicholas Saunders AO, has affixed the Common Seal to the Gazette on 4 March 2021, formalising the Authority's intention to carry out the investigation and inviting the specified submissions (section 196G(5)).