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.: |
varicose veins of the lower limb | 120 & 121 of 2011 |
conjunctivitis | 1 & 2 of 2012 |
acute infectious mononucleosis | 3 & 4 of 2012 |
psoriatic arthropathy | 5 & 6 of 2012 |
adhesive capsulitis of the shoulder | 7 & 8 of 2012 |
aortic aneurysm | 9 & 10 of 2012 |
dementia pugilistica | 11 & 12 of 2012 |
dengue fever | 13 & 14 of 2012 |
non-aneurysmal aortic atherosclerotic disease | 15 & 16 of 2012, as amended |
chloracne | 17 & 18 of 2012 |
inflammatory bowel disease | 19 of 2012, as amended, & 20 of 2012 |
haemochromatosis | 21 & 22 of 2012 |
atherosclerotic peripheral vascular disease | 23 & 24 of 2012, as amended |
angle-closure glaucoma | 25 & 26 of 2012, as amended |
open-angle glaucoma | 27 & 28 of 2012, as amended |
chronic venous insufficiency of the lower limb | 29 & 30 of 2012 |
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 1 October 2019.
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 16 September 2019.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 26/ 4 / 2019 |
Overview
The Repatriation Medical Authority (the Authority), established under the Veterans' Entitlements Act 1986 (VEA), has announced its intention to conduct investigations into the contents of Statements of Principles concerning specific medical conditions that may be relevant to veterans. These investigations, initiated under section 196G of the VEA, aim to review new information about how these conditions may be suffered or contracted and the extent to which they may be related to war, defence service, injuries, or diseases. The Authority is seeking written submissions from eligible claimants, representatives of veterans and their families, relevant commissions, and experts in related fields to assist in these reviews. Submissions must be received by 16 September 2019, and the first meeting for each investigation is scheduled for 1 October 2019. This process is aimed at ensuring that the evidence base supporting veterans’ claims is current and comprehensive, thereby addressing any gaps in the understanding of war-related and service-related conditions.
Scope and Application
The Repatriation Medical Authority (RMA) under the Veterans' Entitlements Act 1986 (VEA) has issued a notice of its intention to conduct investigations into the contents of Statements of Principles concerning a variety of medical conditions that may have arisen from service in the armed forces. The conditions under review include varicose veins of the lower limb, conjunctivitis, acute infectious mononucleosis, and several others, each identified by specific instrument numbers. These investigations are intended to determine whether there is new information about how these conditions may be suffered or contracted, and the extent to which they may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The RMA invites submissions from individuals eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be received by the Authority no later than 16 September 2019, and can be made electronically, by email, or by post, with guidelines available on the RMA website.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) establishes the framework for the Repatriation Medical Authority (the Authority) to investigate Statements of Principle concerning various medical conditions that may affect veterans. Section 196G of the Act provides the statutory basis for the Authority to conduct these investigations. Specifically, Section 196B(7) mandates that the Authority review the contents of Statements of Principles for listed conditions, such as varicose veins, conjunctivitis, and dementia pugilistica, to determine if there is new information about how these conditions may be contracted or if they are war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority is set to hold its first meeting for each investigation on 1 October 2019.
The obligations imposed by the VEA on the Authority include seeking and considering written submissions from various stakeholders before making any findings. Eligible persons and organisations that can make submissions include veterans or those eligible to make claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, and experts in relevant fields. Submissions can be made electronically through the RMA website, by email, or by post, and must be received by the Authority no later than 16 September 2019.
Failure to comply with the requirements of the VEA and the notice issued by the Authority can lead to significant consequences. While specific offences and penalties are not detailed in the notice, breaches of statutory requirements can generally result in legal action. This may include civil penalties or, in more severe cases, criminal charges. The exact nature and extent of penalties would be determined by the courts based on the specifics of the breach and the applicable laws. The Authority has the authority to pursue legal action against those who do not adhere to the legislative requirements, ensuring the integrity and effectiveness of the investigation process.