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 use of the terms:
- 'eyewitness'; and
- 'corpse' and 'casualty' in the plural,
in the definition of category 1B stressor in the following Statements of Principles:
Condition: | Instrument Nos.: |
acute stress disorder | 41 & 42 of 2014 |
adjustment disorder | 23 & 24 of 2016 |
alcohol use disorder | 48 & 49 of 2017 |
anxiety disorder | 102 & 103 of 2014, as amended |
cardiomyopathy | 85 & 86 of 2015, as amended |
cerebrovascular accident | 65 of 2015, as amended |
chronic multisymptom illness | 55 of 2014 |
depressive disorder | 83 & 84 of 2015, as amended |
eating disorder | 13 & 14 of 2016 |
female sexual dysfunction | 95 & 96 of 2016 |
gastric ulcer and duodenal ulcer | 61 of 2015, as amended |
gingivitis | 45 & 46 of 2013 |
inflammatory bowel disease | 19 of 2012 |
ischaemic heart disease | 1 & 2 of 2016, as amended |
multiple sclerosis | 100 & 101 of 2011, as amended |
personality disorder | 17 & 18 of 2018 |
posttraumatic stress disorder | 82 & 83 of 2014 |
psoriasis | 31 of 2012 |
schizophrenia | 83 & 84 of 2016 |
substance use disorder | 59 & 60 of 2017 |
suicide and attempted suicide | 65 & 66 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 7 August 2018.
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 3 August 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 22 / 6 / 2018 |
Overview
The Repatriation Medical Authority (the Authority), under section 196G of the Veterans' Entitlements Act 1986, has announced its intention to investigate the use of specific terms within certain Statements of Principles related to veterans' entitlements. Enacted by the Parliament of Australia, the Veterans' Entitlements Act 1986 aims to address gaps and issues related to the recognition and compensation of service-related disabilities and disorders. The Authority seeks to ensure that the terminology used in the definitions of stressor categories is precise and appropriate, facilitating accurate assessments and entitlements for veterans.
The Authority's investigation pertains to the terms "eyewitness" and the plural usage of "corpse" and "casualty" in the definition of category 1B stressor within various Statements of Principles. The Authority invites submissions from eligible individuals and organisations, including those representing veterans and their dependants, as well as experts in relevant fields, to contribute to the review process. The Authority's first meeting for these investigations is scheduled for 7 August 2018, with all written submissions due by 3 August 2018. Submissions can be made electronically via the RMA website, by email, or by post, with guidelines available for reference.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) applies to persons eligible to make claims for pension under Part II or Part IV of the VEA, and to those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA). The legislation also extends to organisations representing veterans, Australian mariners, members of the Forces, members of the Peacekeeping Forces, members within the meaning of the MRCA, or their dependants, as well as to the Repatriation Commission or the Military Rehabilitation and Compensation Commission. Furthermore, it includes persons with expertise relevant to the investigation. The geographic jurisdiction of the Act is national, applying throughout Australia. The Repatriation Medical Authority (Authority) is conducting an investigation concerning the use of specific terms in the definition of category 1B stressor in various Statements of Principles, including those related to conditions such as acute stress disorder, adjustment disorder, alcohol use disorder, and others listed. The Authority intends to review the use of terms like 'eyewitness' and 'corpse' and 'casualty' in the plural. Submissions can be made electronically via the RMA website, by email, or by post, and must be received by 3 August 2018. The Authority will hold its first meeting for each investigation on 7 August 2018.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA), specifically section 196G, provides the Repatriation Medical Authority (the Authority) with the mandate to conduct an investigation into certain terms used in the Statements of Principles that define specific stressor categories. These terms include 'eyewitness' and 'corpse' and 'casualty' in the plural. The investigation pertains to various conditions such as acute stress disorder, adjustment disorder, alcohol use disorder, anxiety disorder, and many others, each identified by their respective instrument numbers and years of issuance or amendment (sections 196B(7A) and 196G).
The Authority's obligation under this legislation is to thoroughly examine the definitions and implications of these terms as they apply to the eligibility and treatment of veterans' claims under the VEA. The Authority is tasked with ensuring that the terms used in the Statements of Principles accurately reflect the conditions and experiences of veterans, thereby facilitating fair and informed decision-making in the claims process. Furthermore, the Authority must invite written submissions from relevant stakeholders, including veterans, representatives of veterans' organisations, and experts in relevant fields, to gather comprehensive insights and perspectives on the matter (section 196G).
In the event of non-compliance or failure to adhere to the requirements and processes outlined in the VEA, the legislation does not explicitly state specific offences, penalties, or civil/criminal consequences. However, the serious nature of the investigation suggests that any breach of the stipulated processes could potentially lead to legal repercussions, including administrative penalties or legal challenges. The precise consequences for non-compliance would depend on the nature and extent of the breach, as well as the findings of any subsequent legal proceedings.