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 association between infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes coronavirus disease 2019 (COVID-19), and the conditions in the following table:
Condition: | Instrument Nos.: |
cerebrovascular accident | 65 & 66 of 2015, as amended |
Guillain-Barre syndrome | 23 & 24 of 2018 |
ischaemic heart disease | 1 & 2 of 2016, as amended |
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 10 February 2021.
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 1 February 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 24 / 12 / 2020 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide various forms of assistance and entitlements to veterans and their families. One of its objectives is to ensure that the rights and benefits of veterans are upheld and that any new health conditions linked to their service are appropriately recognised and compensated. In light of the global COVID-19 pandemic, the Repatriation Medical Authority (the Authority) has announced an investigation under section 196G of the VEA to explore the potential association between infection with SARS-CoV-2 and specific health conditions such as cerebrovascular accidents, Guillain-Barre syndrome, and ischaemic heart disease. This initiative aims to ensure that any health conditions arising from the pandemic are properly assessed and addressed within the framework of existing veterans' entitlements. The Authority invites submissions from eligible claimants, representatives of veterans, and experts in relevant fields to contribute to the investigation process.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) applies to individuals who are eligible to make claims for pensions or compensation under the Act, including veterans and their dependants, as well as any organisations representing these groups. The scope of the Act extends to examining the association between infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes COVID-19, and specific medical conditions such as cerebrovascular accident, Guillain-Barre syndrome, and ischaemic heart disease. This investigation is conducted by the Repatriation Medical Authority (the Authority) under section 196G of the VEA, which mandates the Authority to explore the potential link between COVID-19 and these conditions. The geographic reach of the Act is nationwide, as it pertains to veterans and members of the Australian Defence Force across all states and territories. The Authority's jurisdiction includes inviting submissions from a range of stakeholders including eligible claimants, representative organisations, and experts in relevant fields. The Authority holds its first meeting for each investigation on 10 February 2021, and submissions must be received by 1 February 2021. The process for making submissions is outlined on the RMA website, via email, or by post, with detailed guidelines available for those wishing to contribute to the investigation.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) authorises the Repatriation Medical Authority (the Authority) to investigate the association between infection with SARS-CoV-2 and certain medical conditions. The conditions under investigation are cerebrovascular accident (Instrument Nos. 65 & 66 of 2015, as amended), Guillain-Barre syndrome (Instrument Nos. 23 & 24 of 2018), and ischaemic heart disease (Instrument Nos. 1 & 2 of 2016, as amended). This investigation aims to determine if there is a causal link between COVID-19 and these medical conditions, which could have significant implications for veterans' entitlements. The Authority invites various stakeholders to submit written evidence by 1 February 2021, including veterans eligible for pensions or compensation, organisations representing veterans, the Repatriation Commission, and individuals with relevant expertise.
The Act imposes specific obligations on the parties involved. Eligible claimants, organisations, and experts are required to submit their written submissions by the stipulated deadline, ensuring all submissions are in writing and include any supporting information. Submissions can be made electronically via the RMA website, by email, or by post. The RMA Submission Guidelines provide further details on the format and content of submissions. The Authority will hold its first meeting for each investigation on 10 February 2021, and any party wishing to participate in the discussions must ensure their submission is received in time.
Failure to comply with the requirements outlined in the Act may result in consequences. Although specific penalties are not detailed in the notice, non-compliance with submission deadlines or guidelines could potentially impact the validity of the submission and its consideration in the investigation. The Authority may also face difficulties in conducting a comprehensive investigation if relevant parties do not submit their evidence as required. Additionally, the credibility of the investigation could be compromised if the stipulated process is not adhered to by all involved parties.
The investigation is a critical step in understanding the long-term health effects of COVID-19 on veterans and other eligible individuals. By gathering comprehensive evidence from relevant stakeholders, the Authority aims to provide a thorough analysis that could influence future entitlements and compensation decisions. The findings from these investigations could have far-reaching implications for the healthcare and support services provided to affected individuals, making the timely and accurate submission of evidence crucial.