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(4) of the VEA to find out whether Statements of Principles may be determined in respect of mesenteric panniculitis.
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 February 2018.
Under the VEA, the Authority is required to find out whether there is information available about how mesenteric panniculitis may be suffered or contracted, or death from mesenteric panniculitis may occur, and the extent to which mesenteric panniculitis or death from mesenteric panniculitis may be war-caused, defence-caused, a service injury, a service disease or a service death. 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 January 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 3 / 11 / 2017 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a framework for the entitlements of veterans, including pensions and compensation. The Act was introduced to address the need for a comprehensive legislative structure that would cater to the various entitlements of veterans, ensuring they receive the support they require for service-related injuries or diseases. This legislation was enacted by the Parliament of Australia to provide a robust system of benefits and support for those who have served in the defence forces. The policy objective of the VEA is to ensure that veterans and their families are adequately compensated and supported for any harm suffered as a result of their service. In line with this objective, the Repatriation Medical Authority (the Authority) under the VEA has initiated an investigation to determine whether Statements of Principles may be established in relation to mesenteric panniculitis, a condition potentially linked to military service.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (VEA) has issued a notice of an investigation into whether Statements of Principles may be determined for mesenteric panniculitis. This Act applies to various stakeholders including individuals eligible for a pension under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts in relevant fields. The investigation's geographic reach is governed by the VEA, extending to the Commonwealth jurisdiction. The Authority seeks written submissions from the aforementioned groups by 19 January 2018, either electronically via the RMA website, by email, or by post. The Authority's investigation aims to ascertain information about how mesenteric panniculitis may be contracted, the circumstances under which it may occur, and its potential war-related causation. The VEA mandates this inquiry, and the Authority's findings may subsequently influence subordinate instruments to extend or restrict application.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to the process of an investigation by the Repatriation Medical Authority (RMA) regarding whether Statements of Principles may be determined for mesenteric panniculitis. This notice mandates that the RMA investigate the possible war-caused, defence-caused, service injury, service disease, or service death implications of mesenteric panniculitis. The RMA specifically seeks submissions from individuals eligible for pension claims under Part II or Part IV of the VEA, those eligible for compensation claims under the Military Rehabilitation and Compensation Act 2004 (MRCA), representative organisations, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions can be submitted electronically via the RMA website, by email, or by post, with a deadline of 19 January 2018.
The obligations under this Act include the responsibility of the RMA to thoroughly investigate the implications of mesenteric panniculitis in relation to veterans' entitlements. The RMA is tasked with gathering information on how mesenteric panniculitis may be contracted, the extent to which it might be war-caused, and the possibility of it being classified as a service disease or injury. Furthermore, the invited parties and organisations must submit their written submissions by the specified deadline, providing any relevant information or expertise that could assist in this investigation. The RMA is also required to hold its first meeting on 7 February 2018 to commence this investigation.
In terms of consequences for non-compliance or breach, the Act does not explicitly detail offences, penalties, or consequences for failing to meet the submission deadlines or for providing incomplete or misleading information. However, the importance of accurate and timely submissions is underscored by the critical nature of the investigation into veterans' health conditions and entitlements. The Act does not specify maximum penalties for breaches, but any failure to comply with the requirements could potentially impact the accuracy and thoroughness of the investigation, ultimately affecting the outcomes for veterans seeking entitlements related to mesenteric panniculitis.