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 of 'pack-year of tobacco products' and the definition of
'pack-year' (as the case may be) in the conditions in the following table:
Condition: | Instrument Nos.: |
ankylosing spondylitis | 39 & 40 of 2021 |
anosmia | 19 & 20 of 2021 |
aortic aneurysm and aortic wall disorders | 21 & 22 of 2021 |
asthma | 31 & 32 of 2021 |
carotid artery disease | 54 & 55 of 2020 |
chronic pancreatitis | 64 & 65 of 2020 |
deep vein thrombosis | 35 & 36 of 2021 |
diabetes mellitus | 48 & 49 of 2020 |
giant cell arteritis | 11 & 12 of 2021 |
inflammatory bowel disease | 90 & 91 of 2020 |
malignant neoplasm of the cervix | 80 & 81 of 2020 |
malignant neoplasm of the kidney | 41 & 42 of 2021 |
non-aneurysmal aortic atherosclerotic disease | 52 & 53 of 2020 |
peripheral artery disease | 70 & 71 of 2020 |
psoriasis | 13 & 14 of 2021 |
pulmonary thromboembolism | 37 & 38 of 2021 |
renal artery atherosclerotic disease | 56 & 57 of 2020 |
retinal vascular occlusion | 50 & 51 of 2020 |
tinnitus | 84 of 2020 |
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 9 June 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 21 May 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 23 / 04 / 2021 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide pensions, allowances, and other benefits to veterans, their families, and dependants. The Act aims to address the specific needs and challenges faced by those who have served in the Australian Defence Force, ensuring that they receive appropriate recognition and support. The Repatriation Medical Authority (the Authority) under section 196G of the VEA has issued a notice of investigation regarding the definitions of 'pack-year of tobacco products' and 'pack-year' in certain conditions outlined in the Act. This investigation seeks to ensure clarity and accuracy in the application of these definitions, which is crucial for the proper assessment of claims related to these conditions. The Authority has invited relevant parties, including eligible claimants, organisations representing veterans, and experts in relevant fields, to submit written comments by 21 May 2021. This public consultation process aims to incorporate diverse perspectives and expert insights into the investigation, ultimately contributing to more precise and fair entitlements for affected individuals.
Scope and Application
The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986, has issued a notice of investigation concerning the definitions of 'pack-year of tobacco products' and 'pack-year' as they apply to specific medical conditions listed in the Act. This investigation aims to ensure the accuracy and fairness of these definitions in determining entitlements for veterans who have claimed for certain conditions, including ankylosing spondylitis, anosmia, aortic aneurysm and aortic wall disorders, asthma, chronic pancreatitis, deep vein thrombosis, diabetes mellitus, giant cell arteritis, inflammatory bowel disease, malignant neoplasm of the cervix, malignant neoplasm of the kidney, non-aneurysmal aortic atherosclerotic disease, peripheral artery disease, psoriasis, pulmonary thromboembolism, renal artery atherosclerotic disease, and retinal vascular occlusion. The investigation applies to individuals eligible to claim pensions or compensation under the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act, as well as relevant organisations and experts in the field. Submissions are invited and can be made electronically via the RMA website, by email, or by post, with a deadline of 21 May 2021. The first meeting for each investigation is scheduled for 9 June 2021.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the legislative basis for the Repatriation Medical Authority (the Authority) to initiate an investigation into the definitions of 'pack-year of tobacco products' and 'pack-year' as they pertain to specific conditions listed in the table. The Authority has identified these definitions as areas of concern and has decided to investigate them in the context of various conditions including ankylosing spondylitis, anosmia, aortic aneurysm and aortic wall disorders, asthma, and others. The investigation aims to clarify and potentially revise these definitions to ensure they accurately reflect the criteria for veterans' entitlements.
The obligations imposed by this Act are primarily on the Authority itself, which is tasked with conducting thorough investigations and soliciting written submissions from relevant parties. These parties include individuals eligible for pension claims under Parts II or IV of the VEA, individuals eligible for compensation claims under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The Authority is responsible for ensuring that all submissions are received by the specified deadline and are in accordance with the guidelines provided on the RMA website.
Breaches of the provisions outlined in this Act can lead to several consequences, though the specific offences and penalties are not detailed in the provided text. Generally, non-compliance with the requirements to submit necessary information or failure to adhere to the guidelines set forth by the Authority could result in legal repercussions. Such consequences might include civil penalties, which could involve fines or other financial sanctions, as well as potential criminal charges for more severe breaches. The exact penalties would depend on the nature and severity of the breach, but they could range from fines to imprisonment, depending on the specific legal context and jurisdiction.