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 definition "being exposed to benzene" in the following Statements of Principles:
Condition: Instrument Nos.:
acute lymphoblastic leukaemia | 75 of 2012 |
aplastic anaemia | 50 & 51 of 2012 |
chronic lymphocytic leukaemia/small lymphocytic lymphoma | 84 of 2014 |
myeloma | 69 of 2012 |
non-Hodgkin's lymphoma | 28 of 2010, as amended |
The Authority invites the following persons and organisations to make written submissions to the Authority in respect of the investigation:
a person eligible to make a claim for pension under Part II or Part IV of the Veterans' Entitlements Act 1986;
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 this investigation on 1 December 2015.
Persons and organisations wishing to make a submission should obtain a copy of the RMA Submission Guidelines from the RMA website [www.rma.gov.au] or by contacting the RMA Secretariat at the address or telephone number below.
All submissions must be in writing and received by the Authority at the address below no later than 20 November 2015.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 21/ 08 /2015
Overview
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, has announced its intention to investigate the definition of "being exposed to benzene" as it pertains to certain conditions outlined in specific Statements of Principles. This investigation is driven by the need to clarify and potentially update the criteria for eligibility concerning exposure to benzene and its associated health conditions, including acute lymphoblastic leukaemia, aplastic anaemia, chronic lymphocytic leukaemia/small lymphocytic lymphoma, myeloma, and non-Hodgkin's lymphoma. The Authority seeks submissions from eligible claimants, organisations representing veterans and related groups, and experts in relevant fields to ensure a comprehensive review. This initiative aims to address any gaps or ambiguities in the current legislation, thereby ensuring fair and accurate assessment of claims related to benzene exposure. The Authority will convene its first meeting on 1 December 2015 to begin this investigation, with all submissions due by 20 November 2015.
Scope and Application
The Repatriation Medical Authority, pursuant to section 196G of the Veterans' Entitlements Act 1986 (VEA), has announced its intention to conduct an investigation concerning the definition of "being exposed to benzene" in specified Statements of Principles relating to certain medical conditions. The conditions under scrutiny include acute lymphoblastic leukaemia, aplastic anaemia, chronic lymphocytic leukaemia/small lymphocytic lymphoma, myeloma, and non-Hodgkin's lymphoma. The investigation aims to ensure that the criteria for these conditions, particularly in relation to benzene exposure, are accurately defined and applied. The Authority has invited submissions from eligible claimants under the VEA and the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be written and submitted by 20 November 2015, with the first meeting of the investigation scheduled for 1 December 2015. The Act applies to individuals eligible for pensions or compensation under the VEA or MRCA, relevant organisations, and experts in pertinent disciplines, with no specific exclusions or thresholds mentioned in the notice.
Key Provisions
The notice of investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to the definition of "being exposed to benzene" in several Statements of Principles, specifically relating to acute lymphoblastic leukaemia (instrument No. 75 of 2012), aplastic anaemia (instruments Nos. 50 and 51 of 2012), chronic lymphocytic leukaemia/small lymphocytic lymphoma (instrument No. 84 of 2014), myeloma (instrument No. 69 of 2012), and non-Hodgkin's lymphoma (instrument No. 28 of 2010, as amended). The Repatriation Medical Authority (the Authority) intends to conduct this investigation to refine the criteria for veterans' claims related to these conditions. Eligible individuals and organisations are invited to submit written submissions by 20 November 2015, including those eligible to claim pension or compensation, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and persons with relevant expertise.
The obligations imposed on the parties and entities governed by the Act include the requirement for eligible individuals and organisations to submit written submissions to the Authority by the specified deadline. Submissions must adhere to the guidelines provided by the RMA, accessible through the RMA website or by contacting the RMA Secretariat. This submission process allows stakeholders to provide their insights and evidence, which will be considered during the investigation. The first meeting of the Authority for this investigation is scheduled for 1 December 2015, providing a formal opportunity for the discussion and review of the submissions received.
Breach of the requirements or failure to comply with the stipulated deadlines for submission could potentially lead to administrative consequences. However, the notice does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. The primary focus is on the collection and consideration of relevant submissions to inform the investigation effectively. The outcomes of this investigation could significantly impact the eligibility criteria for veterans' claims related to the specified conditions, thereby influencing the scope of entitlements under the VEA.