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 following:
- traumatic brain injury; and
- blows to the head,
as factors in motor neurone disease.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 67 & 68 of 2013 concerning motor neurone disease.
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 4 April 2017.
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 telephone number or email address below for further assistance.
All submissions must be in writing and received by the Authority no later than 17 March 2017.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 20/12/2016
Overview
The Veterans' Entitlements Act 1986, enacted in 1986, provides a comprehensive framework for the entitlements of Australian Defence Force (ADF) veterans. This Act was introduced to address the need for a structured system to recognise and compensate the service and sacrifices of ADF veterans, ensuring they receive appropriate pensions, benefits, and healthcare. The Parliament of Australia established this Act to facilitate the administration of these entitlements and to provide a legal basis for addressing the health and welfare needs of veterans. The policy objective of the Act is to ensure that veterans are fairly and adequately compensated for any injuries or disabilities incurred during their service.
In the context of this Act, the Repatriation Medical Authority (RMA) has issued a notice of investigation under section 196G, aiming to explore the potential link between traumatic brain injury, blows to the head, and the development of motor neurone disease. This investigation is conducted in relation to Statements of Principles Instrument Nos. 67 & 68 of 2013, which pertain to motor neurone disease. The RMA invites submissions from various stakeholders, including eligible claimants, representative organisations, and experts, to provide insights and evidence that will inform the investigation. This initiative underscores the commitment to understanding and addressing the health issues faced by veterans, aligning with the overarching goal of the Veterans' Entitlements Act to support the well-being of those who have served in the ADF.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) has issued a notice of investigation into the potential links between traumatic brain injury and blows to the head as factors contributing to motor neurone disease. This investigation is being conducted in the context of Statements of Principles Instrument Nos. 67 and 68 of 2013, which pertain to motor neurone disease. The Authority's investigation aims to examine whether these factors should be recognised in the provision of benefits to veterans. The notice invites written submissions from various stakeholders, including individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts in relevant fields. Submissions can be made electronically via the RMA website, by email, or by post, with a deadline of 17 March 2017. The Authority will hold its first meeting for this investigation on 4 April 2017. The Authority's investigation is a national initiative and applies to all relevant parties across Australia, with no stated exclusions or exemptions within the scope of this notice.
Key Provisions
The notice of investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) informs that the Repatriation Medical Authority (the Authority) intends to investigate traumatic brain injury and blows to the head as potential factors in motor neurone disease. This investigation is carried out under subsection 196B(7A) of the VEA, within the context of Statements of Principles Instrument Nos. 67 & 68 of 2013 concerning motor neurone disease. The Authority specifically invites submissions from individuals eligible to make claims under the VEA or the Military Rehabilitation and Compensation Act 2004, as well as from organisations representing veterans and those with relevant expertise.
Under the VEA, the Authority's obligations include conducting this investigation in a manner that is thorough and considers all relevant evidence and expert opinions. The Authority is required to provide a platform for written submissions from eligible persons and organisations, as specified in the notice. These submissions must be received by 17 March 2017, and can be lodged electronically via the RMA website or by email or post, as outlined in the notice. The Authority also offers guidelines and support through its Secretariat to assist with the submission process.
Failure to comply with the requirements set out in the VEA could result in legal consequences. The VEA stipulates various offences and penalties for breaches, although specific penalties are not detailed in the notice. The penalties for non-compliance can include fines and other sanctions as prescribed by the Act. Additionally, any failure to provide accurate and relevant information in the required submissions could undermine the integrity of the investigation, potentially leading to adverse outcomes for claimants if the investigation findings are adversely affected by such non-compliance.
The notice also highlights the authority and responsibility of Professor Nicholas Saunders, the Chairperson of the Authority, who signed the notice on 20 December 2016, thereby officially initiating the investigation process. This formal step underscores the importance of the investigation and the commitment of the Authority to explore the potential links between traumatic brain injury, blows to the head, and motor neurone disease in the context of veterans' entitlements.