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 monoclonal gammopathy of undetermined significance (MGUS).
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 9 April 2019.
Under the VEA, the Authority is required to find out whether there is information available about how monoclonal gammopathy of undetermined significance (MGUS) may be suffered or contracted, or death from monoclonal gammopathy of undetermined significance (MGUS) may occur, and the extent to which monoclonal gammopathy of undetermined significance (MGUS) or death from monoclonal gammopathy of undetermined significance (MGUS) 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 18 March 2019.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 21 / 12 / 2018 |
Overview
The Veterans' Entitlements Act 1986, enacted by the Commonwealth Parliament, aims to provide various benefits and entitlements to veterans and their dependants. The Act addresses the problem of ensuring that veterans receive appropriate compensation and support for injuries, diseases, and deaths related to their service. Section 196G of the Act specifically empowers the Repatriation Medical Authority (RMA) to investigate and determine whether Statements of Principles should be issued for certain medical conditions, including monoclonal gammopathy of undetermined significance (MGUS). This legislative framework seeks to ensure that veterans receive recognition and compensation for conditions potentially linked to their military service, thereby fulfilling the policy objective of providing just and timely support to those who have served their country.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (VEA) has announced an investigation to determine if Statements of Principles may be issued in respect of monoclonal gammopathy of undetermined significance (MGUS). The investigation is aimed at understanding how MGUS may be suffered or contracted, and the extent to which it may be considered war-caused, defence-caused, a service injury, a service disease or a service death. The scope of the Act applies to individuals eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. Submissions are invited from these entities and individuals to provide information and perspectives to aid the investigation. The investigation is a Commonwealth initiative, with the Authority operating under the VEA, and interested parties can submit their written submissions by the specified deadline via electronic, email, or postal means.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) is pivotal in this context as it outlines the process through which the Repatriation Medical Authority (the Authority) intends to conduct an investigation. Specifically, section 196G requires the Authority to determine whether Statements of Principles should be formulated for monoclonal gammopathy of undetermined significance (MGUS). This investigation is necessitated by subsection 196B(4) of the VEA, aiming to uncover whether there is sufficient information to link MGUS to war-related causes, defence-related causes, service injuries, service diseases, or service deaths. The Authority is mandated to ascertain the nature of MGUS, its potential causes, and its connection to military service.
The obligations imposed by this Act on the parties and entities it governs are multifaceted. Firstly, individuals who are eligible to claim pensions under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA), and organisations representing veterans or their dependants are invited to contribute written submissions. This inclusivity ensures that a wide range of perspectives and expertise are considered during the investigation. Additionally, the Repatriation Commission and the Military Rehabilitation and Compensation Commission are required to provide input. Persons with expertise relevant to the investigation are also encouraged to submit their findings. All submissions must be submitted by 18 March 2019, either electronically via the RMA website, by email, or by post, as detailed in the Notice.
In terms of the potential consequences of breaches or non-compliance with the Act, it is important to note that the Notice does not explicitly detail specific offences, penalties, or consequences for non-compliance. However, given the statutory context and the importance of the investigation, failure to submit required information or comply with the submission guidelines could potentially undermine the integrity and comprehensiveness of the investigation. This, in turn, might affect the outcomes and the Authority's ability to make informed determinations regarding MGUS. While the Notice does not state explicit penalties, non-compliance could lead to broader legal or administrative repercussions if it is deemed to have adversely affected the investigation process.