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 under subsection 196B(7) of the VEA to review the contents of Statements of Principles Instrument Nos. 62 & 63 of 2012 concerning moderate to severe traumatic brain injury.
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 10 April 2018.
Under the VEA, the Authority is required to find out whether there is new information available about how moderate to severe traumatic brain injury may be suffered or contracted, or death from moderate to severe traumatic brain injury may occur, and the extent to which moderate to severe traumatic brain injury or death from moderate to severe traumatic brain injury 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 March 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 22 / 12 / 2017 |
Overview
The Veterans' Entitlements Act 1986 (VEA), enacted by the Parliament of Australia, was established to provide a range of benefits and services to Australian Defence Force (ADF) veterans, their families, and other eligible individuals. The Act was introduced to address the need for comprehensive support for veterans and their dependants, ensuring they receive the recognition and assistance they deserve for their service. One of the key mechanisms under this Act is the Repatriation Medical Authority (RMA), which plays a crucial role in reviewing and updating Statements of Principles related to veterans' health conditions, including traumatic brain injuries. The RMA's policy objective is to ensure that the entitlements and support provided under the VEA accurately reflect the latest medical understanding and evidence regarding war-related injuries and illnesses. This ongoing review process aims to provide equitable and timely benefits to those affected by service-related conditions.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 applies to the Repatriation Medical Authority (RMA), which has the responsibility to conduct investigations regarding the conditions of service-related injuries and illnesses, including traumatic brain injuries, that may be claimed under the Act. The Authority’s investigation scope is targeted at reviewing the contents of Statements of Principles Instrument Nos. 62 & 63 of 2012, focusing on moderate to severe traumatic brain injury. The RMA’s jurisdiction is national, as it is a Commonwealth entity established under the VEA, which applies across Australia. The Act allows for the inclusion of a broad range of stakeholders in its review processes, inviting submissions from individuals eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependents, and experts in relevant fields. The application of the Act does not specify exclusions or thresholds but relies on the RMA’s discretion to determine the relevance and admissibility of submissions. The scope of the Act may be extended through subordinate instruments, which the RMA may utilise to define specific procedural aspects of the investigation.
Key Provisions
The key provisions of the notice issued by the Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (VEA) include the initiation of an investigation (section 196G) to review Statements of Principles Instrument Nos. 62 and 63 of 2012. The investigation aims to ascertain new information regarding the causation, contraction, and occurrence of moderate to severe traumatic brain injury (section 196B(7)). The Authority invites submissions from eligible claimants, organisations representing veterans and related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The first meeting for this investigation is scheduled for 10 April 2018, and submissions must be submitted in writing by 19 March 2018.
The obligations imposed by the 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. Submissions must be made through the RMA website, email, or postal mail, and they must be accompanied by any relevant supporting information. The RMA website provides guidelines for submissions, and the RMA Secretariat is available to assist with any queries. The Authority is tasked with reviewing the new information provided by the submissions to determine the extent to which moderate to severe traumatic brain injury or death from such injuries may be war-caused, defence-caused, a service injury, a service disease, or a service death.
The notice does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the submission requirements. However, failure to adhere to the stipulated guidelines and deadlines may result in the Authority disregarding the submission, potentially impacting the individual's or organisation's ability to influence the investigation's findings. The primary focus of the notice is on facilitating the submission process and ensuring that all relevant information is considered in the investigation. It is important for those invited to submit to do so in a timely and accurate manner to contribute effectively to the review process.