Repatriation Medical Authority - Notice of Investigation - Multiple Conditions

Overview

The Veterans' Entitlements Act 1986 (VEA) was enacted to address issues surrounding the entitlements of veterans and their dependants. The Act establishes a framework for the provision of pensions, compensation, and other benefits to those who have served in the Australian Defence Force. The Repatriation Medical Authority (the Authority), established under this Act, is responsible for conducting investigations into various medical conditions and determining their connection to military service. In 2016, the Authority issued a notice under section 196G of the VEA to initiate investigations into the contents of Statements of Principles concerning a range of medical conditions, including macular degeneration, cerebral meningioma, and frostbite, among others. The primary objective of these investigations is to ascertain whether there is new information regarding the causes, contractions, or deaths from these conditions and the extent to which they may be attributable to war, defence, or service-related factors. The Authority invites submissions from relevant stakeholders, including veterans, organisations representing veterans, and experts in the field, to provide input on these investigations. Submissions must be received by 23 January 2017, with the first meeting of the Authority for each investigation scheduled for 7 February 2017.

Scope and Application

The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (VEA) intends to carry out investigations to review the contents of Statements of Principles concerning a range of specified conditions that may be relevant to the service of veterans and other eligible persons. These investigations are directed at understanding how the listed conditions may be suffered or contracted, and the extent to which they may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from individuals eligible to make claims for pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, and experts in relevant fields. Submissions must be in writing and submitted by 23 January 2017, either electronically via the RMA website, by email, or by post. The Authority will hold its first meeting for each investigation on 7 February 2017, and further guidance on submissions can be found on the RMA website.

Key Provisions

The main operative sections of the notice pertain to the Repatriation Medical Authority's (RMA) intention to investigate Statements of Principles related to a number of specific conditions under section 196G of the Veterans' Entitlements Act 1986 (VEA) (s 196G). These sections include macular degeneration, cerebral meningioma, malignant neoplasm of the cerebral meninges, frostbite, immersion foot, bipolar disorder, electrical injury, Cushing's syndrome, toxic maculopathy, migraine, influenza, malaria, bronchiolitis obliterans organising pneumonia, systemic sclerosis, localised sclerosis, panic disorder, malignant neoplasm of the ovary, scrub typhus, adrenal insufficiency, hypopituitarism, tension-type headache, herpes simplex, human immunodeficiency virus, human T-cell lymphotropic virus type-1, sinusitis, osteoarthritis, malignant neoplasm of the eye, and accidental hypothermia (s 196G(1)(a)). The RMA is required to determine if there is new information about the causation and war-relatedness of these conditions (s 196B(7)). The Authority invites submissions from eligible individuals and organisations to contribute to these investigations (s 196G(1)(b)-(d)). The first meeting for each investigation is scheduled for 7 February 2017, and submissions must be received by 23 January 2017 (s 196G(1)(b)-(d), (2)(a)-(b)). The obligations imposed by the Act on the parties or entities it governs include the requirement for the RMA to conduct investigations into the listed conditions, considering new information about their causation and whether they are war-caused, defence-caused, a service injury, a service disease, or a service death (s 196B(7)). Eligible individuals and organisations have the obligation to submit written information to the RMA if they wish to contribute to the investigation of these conditions (s 196G(1)(b)-(d)). These submissions must be made in writing and received by the specified deadline, with options for electronic, email, or postal submission (s 196G(2)(a)-(b)). The notice does not explicitly mention any offences, penalties, or civil/criminal consequences for breach. However, the requirement to submit written information by the specified deadline is strictly enforced, and failure to comply may result in the individual or organisation's submission not being considered in the investigation process. Additionally, the RMA may take into account the information provided in the submissions when making decisions about the listed conditions, which could impact the entitlements of eligible individuals.