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.: |
myeloma | 69 & 70 of 2012, as amended |
giant cell arteritis | 71 & 72 of 2012 |
solar keratosis | 73 & 74 of 2012 |
acute lymphoblastic leukaemia | 75 & 76 of 2012, as amended |
malignant neoplasm of the oral cavity, oropharynx & hypopharynx | 1 & 2 of 2013 |
ankylosing spondylitis | 3 & 4 of 2013 |
inguinal hernia | 5 & 6 of 2013 |
carpal tunnel syndrome | 7 & 8 of 2013 |
adenocarcinoma of the kidney | 9 & 10 of 2013, as amended |
polycythaemia vera | 11 & 12 of 2013 |
seborrhoeic dermatitis | 13 & 14 of 2013 |
essential thrombocythaemia | 15 & 16 of 2013 |
primary myelofibrosis | 17 & 18 of 2013 |
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 6 October 2020.
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 18 September 2020.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 20 / 4 / 2020 |
Overview
The Veterans' Entitlements Act 1986 (VEA) is foundational legislation in Australia designed to ensure that veterans and their dependants receive appropriate compensation and healthcare benefits. Enacted in 1986, the VEA addresses the gap in providing comprehensive support to those who have served in the Australian Defence Force by establishing a framework for entitlements related to war-caused injuries, diseases, and deaths. The Repatriation Medical Authority (the Authority), under section 196G of the VEA, has announced its intention to investigate the contents of Statements of Principles concerning several medical conditions. This initiative aims to determine if there is new information available regarding how these conditions may be suffered or contracted, and the extent to which they may be attributable to service. The Authority invites submissions from eligible veterans, representatives, and experts to aid in these investigations, with a deadline of 18 September 2020, and the first meeting scheduled for 6 October 2020.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) is conducting investigations to review the contents of Statements of Principles concerning specified medical conditions and their relation to service, war, or defence. The authority to conduct these investigations is afforded to the Authority by the VEA, which is a Commonwealth Act. The investigation aims to determine whether there is new information regarding how these conditions may be suffered, contracted, or resulted in death, and the extent to which these conditions or deaths may be attributable to war, defence, service injury, service disease, or service death. The Act applies to individuals eligible to make claims under Part II or Part IV of the VEA, persons eligible to make claims under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or other specified persons, and experts with relevant expertise. Submissions are invited from these groups and can be made electronically, by email, or by post, with a deadline of 18 September 2020 for receipt by the Authority. The geographic reach of this Act is national, as it pertains to veterans and their dependants throughout Australia. The Authority's investigation is not restricted by state or territory boundaries, applying uniformly across the Commonwealth.
Key Provisions
The main operative sections of the Notice of Investigation, under section 196G of the Veterans' Entitlements Act 1986 (VEA), establish that the Repatriation Medical Authority (the Authority) intends to conduct investigations into various Statements of Principles concerning specific medical conditions (s. 196B(7)). These investigations will focus on determining if there is new information available about how the listed conditions may be suffered or contracted, or if death from these conditions may occur, and the extent to which these conditions or deaths may be war-caused, defence-caused, a service injury, a service disease, or a service death. The listed conditions include myeloma, giant cell arteritis, solar keratosis, acute lymphoblastic leukaemia, malignant neoplasm of the oral cavity, oropharynx, and hypopharynx, among others.
The obligations imposed by this Act on the parties and entities it governs primarily involve the submission of relevant information and expertise in relation to the specified conditions. Eligible individuals, organisations, and entities, including the Repatriation Commission and the Military Rehabilitation and Compensation Commission, are invited to make written submissions. These submissions must be lodged electronically through the RMA website, emailed, or posted by 18 September 2020. The Authority requires these submissions to aid in its comprehensive review of the Statements of Principles, ensuring that the information considered is both current and relevant.
The Notice of Investigation does not explicitly detail specific offences, penalties, or consequences for breach within its text. However, the broader framework of the VEA and associated legislation, such as the Military Rehabilitation and Compensation Act 2004, may impose penalties for non-compliance with related provisions. For instance, failing to submit required information or providing false information could potentially lead to legal repercussions under the relevant Acts. The maximum penalties for such breaches would be determined by the specific provisions of the VEA and MRCA, which could include fines or other legal consequences for serious non-compliance.