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 an immunosuppressive drug as a factor in malignant neoplasm of the eye.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 27 & 28 of 2018 concerning malignant neoplasm of the eye.
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 3 December 2019.
Persons and organisations wishing to make a submission can use the RMA website http://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 19 November 2019.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 18 / 10 / 2019 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a framework for the administration of pensions and other benefits to veterans, former members of the Australian Defence Force, and their dependants. The Act was introduced to address the need for a structured system to support those who have served in the defence forces and their families. The Repatriation Medical Authority (the Authority), established under this Act, has the responsibility to investigate potential links between service factors and various health conditions, including malignant neoplasm of the eye. This specific notice of investigation aims to explore the relationship between immunosuppressive drugs and malignant neoplasm of the eye, in accordance with the Statements of Principles Instrument Nos. 27 & 28 of 2018. The Authority invites relevant parties, including eligible claimants, organisations representing veterans, and experts in relevant fields, to submit written evidence to aid in the investigation. Submissions must be received by 19 November 2019, and can be lodged electronically, via email, or by post, as detailed in the notice.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (VEA) has issued a notice of investigation regarding the potential link between an immunosuppressive drug and malignant neoplasm of the eye, as outlined in Statements of Principles Instrument Nos. 27 & 28 of 2018. The scope of this investigation encompasses submissions from various stakeholders, including individuals eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The Authority seeks to gather comprehensive insights to inform its investigation, which will be conducted within the Commonwealth jurisdiction of Australia. The Authority invites written submissions by 19 November 2019, which can be submitted electronically via the RMA website or by email, with further guidance available through the RMA Submission Guidelines. The first meeting for this investigation is scheduled for 3 December 2019.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986, the Repatriation Medical Authority (the Authority) is required to carry out an investigation concerning the potential link between immunosuppressive drugs and malignant neoplasm of the eye, as stated in the context of Statements of Principles Instrument Nos. 27 & 28 of 2018. This notice mandates that the investigation be conducted to evaluate the impact of immunosuppressive drugs on the development of eye cancer among veterans and relevant groups. Eligible individuals and organisations, including those who can make claims under the Act, representatives of veterans and their dependents, and experts in relevant fields, are invited to submit written submissions to the Authority by 19 November 2019. Submissions can be made electronically via the RMA website, by email, or by post, and should adhere to the RMA Submission Guidelines.
The obligations imposed by this Act on the parties and entities it governs include the requirement for eligible individuals and organisations to submit written submissions to the Authority by the specified deadline. The Authority, in turn, has the obligation to conduct the investigation as notified and to consider all relevant submissions received by the deadline. Submissions must be in writing and include any supporting information that may assist in the investigation. Additionally, the Authority is mandated to hold its first meeting for the investigation on 3 December 2019, which will likely involve the review and discussion of the submitted materials.
Failure to comply with the requirements of the Act, such as not submitting written submissions by the deadline or submitting incomplete or irrelevant information, may result in the Authority disregarding the submission in its investigation. However, the Act does not explicitly state any civil or criminal penalties for such non-compliance. Instead, the primary consequence of not participating in the investigation or submitting relevant information would be the potential for an incomplete or less informed assessment of the link between immunosuppressive drugs and malignant neoplasm of the eye. This could ultimately affect the outcomes and decisions related to entitlements and compensation for affected veterans and their families.