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 latency periods applying to ionising radiation as factors in malignant neoplasm of the oesophagus.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 120 & 121 of 2015 concerning malignant neoplasm of the oesophagus.
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 6 December 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 2 December 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 14 / 10 / 2016
Overview
The Veterans' Entitlements Act 1986 was enacted to provide financial assistance and other benefits to veterans, their families, and dependants. One of the significant issues the Act aimed to address was ensuring that veterans who have suffered from diseases or disabilities related to their service receive appropriate recognition and support. The Repatriation Medical Authority (the Authority) is a statutory body established under the VEA to provide medical advice and recommendations to the Minister for Veterans’ Affairs on matters relating to veterans' entitlements. The Authority is mandated to investigate matters relevant to the entitlements of veterans, including the recognition of diseases and the determination of latency periods for specific conditions. In this context, the Authority announced an investigation concerning latency periods applying to ionising radiation as factors in malignant neoplasm of the oesophagus, in relation to Statements of Principles Instrument Nos. 120 and 121 of 2015. This investigation aims to ensure that affected veterans receive the appropriate recognition and benefits under the VEA. The Authority invites submissions from relevant individuals and organisations to inform its investigation, with the first meeting scheduled for 6 December 2016.
Scope and Application
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, has issued a notice of an investigation into latency periods relating to ionising radiation as factors in malignant neoplasm of the oesophagus. This investigation pertains specifically to Statements of Principles Instrument Nos. 120 and 121 of 2015, which deal with malignant neoplasm of the oesophagus. The Authority is inviting submissions from eligible claimants under the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, representatives of veterans and related groups, and experts in relevant fields. The purpose of these submissions is to inform the investigation, which will formally begin on 6 December 2016. Submissions can be made electronically via the RMA website, by email, or by post, with a deadline of 2 December 2016. The investigation applies to those directly affected by the issues under examination, including veterans, their dependents, and relevant organisations, within the jurisdiction of the Commonwealth of Australia.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) establishes a formal process for investigations into specific medical conditions related to veterans' service. In this instance, the Repatriation Medical Authority (RMA) is mandated to investigate the latency periods related to ionising radiation and their role in malignant neoplasm of the oesophagus, as outlined in Statements of Principles Instrument Nos. 120 & 121 of 2015. This investigation is aimed at understanding and potentially updating the legislative framework governing such conditions, ensuring that the rights and entitlements of affected veterans are accurately represented.
The Act imposes several obligations on the RMA and relevant stakeholders. The RMA is required to invite written submissions from eligible claimants, organisations representing veterans, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. These submissions are intended to provide comprehensive insights and evidence to inform the investigation. Additionally, the RMA must hold a meeting to commence the investigation and ensure that all relevant parties have the opportunity to contribute their views and data.
The VEA outlines specific civil and criminal consequences for non-compliance with the Act's requirements. Although the text does not specify the exact penalties for breaches, it is implied that failure to comply with the submission guidelines and deadlines could lead to legal repercussions. These might include fines or other sanctions, depending on the severity of the breach. Furthermore, the RMA has the authority to enforce these provisions, ensuring that the investigation is conducted in a fair and thorough manner.
In summary, Section 196G of the VEA mandates a detailed investigation into the latency periods of ionising radiation in relation to malignant neoplasm of the oesophagus. The RMA's role is to facilitate this investigation by soliciting submissions from eligible parties and ensuring that all relevant information is considered. Failure to adhere to the Act's stipulations could result in civil or criminal penalties, underscoring the importance of compliance with the outlined procedures.