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 the definition of morbid obesity.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 5 and 6 of 2014 concerning morbid obesity.
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 5 June 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 17 May 2019.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 1 / 3 / 2019 |
Overview
The Veterans' Entitlements Act 1986 (VEA) is an Australian legislative instrument designed to provide various benefits and support to veterans and their families. Enacted in 1986, the Act was introduced to address the needs and entitlements of individuals who have served in the Australian Defence Force and their dependants, ensuring that they receive appropriate compensation, pensions, and healthcare services. The Repatriation Medical Authority (the Authority) is responsible for the administration of the VEA and has been directed by the Authority to conduct an investigation into the definition of morbid obesity in the context of Statements of Principles Instrument Nos. 5 and 6 of 2014. This investigation aims to gather expert input and stakeholder submissions to refine the understanding and application of the term "morbid obesity" within the legislative framework, thereby improving the accuracy and fairness of the benefits provided to affected veterans.
The Authority has invited various stakeholders, including eligible claimants, organisations representing veterans and their dependants, relevant commissions, and experts in pertinent fields, to submit their views and evidence by 17 May 2019. Submissions can be made electronically via the RMA website, by email, or by post. This inclusive approach ensures that the investigation is informed by a broad spectrum of perspectives and expertise, facilitating a comprehensive review and potential amendments to the legislative definitions and policies related to morbid obesity.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to the Repatriation Medical Authority's (RMA) intention to investigate the definition of morbid obesity as it relates to Statements of Principles Instrument Nos. 5 and 6 of 2014. This investigation is open to various stakeholders, including individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, and the Repatriation Commission or the Military Rehabilitation and Compensation Commission. Additionally, individuals with relevant expertise are invited to submit written submissions. The investigation aims to gather comprehensive input from these groups before the first meeting on 5 June 2019, with all submissions due by 17 May 2019. Submissions can be made electronically via the RMA website or by email or post, as per the guidelines available online. The RMA Secretariat can be contacted for further assistance regarding the submission process.
Key Provisions
The notice issued under section 196G of the Veterans' Entitlements Act 1986 (VEA) (paragraph 1) pertains to an investigation into the definition of morbid obesity, specifically in relation to Statements of Principles Instrument Nos. 5 and 6 of 2014. This investigation will be conducted by the Repatriation Medical Authority (the Authority) (paragraph 2). It is important for a variety of stakeholders to engage with this process, including individuals eligible to claim pensions or compensation, organisations representing veterans and other relevant groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in fields pertinent to the investigation (paragraph 3).
The obligations imposed by this notice are primarily on the Authority, who are required to carry out the investigation into the definition of morbid obesity (paragraph 2). The Authority must also facilitate the submission process by inviting written submissions from relevant stakeholders and providing the necessary channels and guidelines for these submissions (paragraph 4). The Authority must ensure that all submissions are received by the specified deadline, 17 May 2019 (paragraph 5). Furthermore, the Authority must hold its first meeting for the purposes of this investigation on 5 June 2019, which will likely involve reviewing the submissions received (paragraph 6).
Failure to comply with the provisions of this notice may not result in direct criminal or civil penalties as this is a notice of an investigation rather than a directive with punitive measures. However, non-compliance by stakeholders in submitting their written submissions by the deadline could potentially affect their ability to influence the outcome of the investigation. The Authority, on the other hand, has the obligation to carry out the investigation as required and must adhere to the procedural guidelines it has set out for the submission process. Any failure to properly conduct the investigation or manage the submission process could result in procedural or administrative consequences, potentially impacting the legitimacy and outcomes of the investigation (paragraphs 4 and 5).