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 investigations under subsection 196B(7) of the VEA to review the contents of Statements of Principles concerning the following:
Condition: | Instrument Nos.: |
poisoning and toxic reaction from plants and fungi | 84 & 85 of 2010 |
schistosomiasis | 86 & 87 of 2010 |
strongyloidiasis | 88 & 89 of 2010 |
Ross River virus infection | 90 & 91 of 2010 |
Morton's metatarsalgia | 92 & 93 of 2010 |
coeliac disease | 1 & 2 of 2011 |
varicocele | 3 & 4 of 2011 |
sensorineural hearing loss | 5 & 6 of 2011 |
conductive hearing loss | 7 & 8 of 2011 |
Kaposi's sarcoma | 9 & 10 of 2011 |
polyarteritis nodosa | 11 & 12 of 2011 |
microscopic polyangiitis | 13 & 14 of 2011 |
rheumatic heart disease | 19 & 20 of 2011 |
malignant neoplasm of the liver | 21 & 22 of 2011, as amended |
acute rheumatic fever | 23 & 24 of 2011 |
The Authority invites the following persons and organisations to make written submissions to the Authority in respect of any of the investigations:
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 each of these investigations on 7 August 2018.
Under the VEA, the Authority is required to find out whether there is new information available about how the above listed conditions may be suffered or contracted, or death from the above listed conditions may occur; and the extent to which the above listed conditions or death from the above listed conditions 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 20 July 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 27 / 4 / 2018 |
Overview
The Repatriation Medical Authority (RMA), under section 196G of the Veterans' Entitlements Act 1986 (VEA), has issued a notice of its intention to conduct investigations into various conditions affecting veterans, as outlined in the Gazette dated 27 April 2018. The investigations aim to review the contents of Statements of Principles concerning specific conditions, such as poisoning and toxic reaction from plants and fungi, schistosomiasis, and sensorineural hearing loss, among others. The Authority seeks to determine whether new information is available about how these conditions may be contracted, their war-related nature, and their potential as service injuries or diseases. The RMA invites submissions from eligible individuals and organisations by 20 July 2018, with the first meeting for each investigation scheduled for 7 August 2018.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) has announced its intention to conduct investigations into various Statements of Principles related to specific conditions. These investigations aim to review new information regarding how certain conditions may be suffered, contracted, or result in death, as well as to determine the extent to which these conditions or deaths may be attributable to war, defence, service injury, service disease, or service death. The specified conditions include poisoning and toxic reactions from plants and fungi, schistosomiasis, strongyloidiasis, Ross River virus infection, Morton's metatarsalgia, coeliac disease, varicocele, sensorineural and conductive hearing loss, Kaposi's sarcoma, polyarteritis nodosa, microscopic polyangiitis, rheumatic heart disease, malignant neoplasm of the liver, and acute rheumatic fever. The investigations are open to 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, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and persons with relevant expertise. Submissions must be made in writing by 20 July 2018, either electronically via the RMA website, by email, or by post. The Authority's findings will be instrumental in guiding future entitlements and compensation claims under the VEA.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates the Repatriation Medical Authority (the Authority) to notify the public of its intent to investigate various medical conditions that may be linked to service in the Defence Force. The Authority has specified a list of conditions to be investigated, including poisoning and toxic reactions from plants and fungi, schistosomiasis, strongyloidiasis, Ross River virus infection, Morton's metatarsalgia, coeliac disease, varicocele, sensorineural hearing loss, conductive hearing loss, Kaposi's sarcoma, polyarteritis nodosa, microscopic polyangiitis, rheumatic heart disease, malignant neoplasm of the liver, acute rheumatic fever, and others. The Authority is particularly interested in any new information regarding the conditions' causes, contractions, and whether they are war-caused, defence-caused, a service injury, a service disease, or a service death.
The VEA imposes specific obligations on the Authority in these investigations. The Authority must determine if there is new information available that could affect the understanding of how these conditions may be suffered or contracted, or how death from these conditions may occur. Additionally, the Authority must assess the extent to which these conditions or deaths are related to military service. The Authority is required to hold its first meeting for each investigation on 7 August 2018. Submissions from relevant parties and organisations are invited and must be submitted by 20 July 2018.
Failure to comply with the requirements of the Act may lead to civil or criminal consequences. While specific penalties are not mentioned in the Gazette, breaches of the VEA can typically result in fines and other legal repercussions. The Authority's findings from these investigations will inform updates to Statements of Principles, which are critical in determining eligibility for veterans' benefits and compensation. The Authority's commitment to thorough and transparent investigation ensures that the needs and rights of veterans are appropriately addressed.