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.: |
allergic rhinitis | 22 and 23 of 2014 |
narcolepsy | 7 and 8 of 2014, as amended |
periodic limb movement disorder | 26 and 27 of 2014 |
restless legs syndrome | 20 and 21 of 2014 |
somatic symptom disorder | 24 and 25 of 2014 |
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 2021.
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 17 September 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 various benefits to veterans, their families, and other eligible persons. The Act aims to ensure that veterans and their dependants are appropriately compensated for disabilities, injuries, and other issues that may arise from their service. The Repatriation Medical Authority, under section 196G of the VEA, has issued a notice of its intention to carry out investigations regarding the contents of Statements of Principles concerning specific medical conditions including allergic rhinitis, narcolepsy, periodic limb movement disorder, restless legs syndrome, and somatic symptom disorder. This initiative seeks to review new information about how these conditions may be suffered or contracted, and to determine the extent to which these conditions or related deaths may be attributable to war, defence service, or other related causes. The Authority is inviting written submissions from various stakeholders, including eligible claimants, relevant organisations, and experts in the field, to aid in these investigations. The purpose of these investigations is to ensure that the entitlements provided under the VEA are accurate and reflective of the latest medical understanding and evidence. Submissions can be made electronically, by email, or by post, with a deadline of 17 September 2021.
Scope and Application
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) is undertaking investigations into various conditions, specifically allergic rhinitis, narcolepsy, periodic limb movement disorder, restless legs syndrome, and somatic symptom disorder, to review the contents of Statements of Principles concerning these conditions. The Act applies to a range of persons and entities, including those eligible to make claims for pension under Part II or Part IV of the VEA, those eligible to claim compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with expertise in relevant fields. The investigations are intended to ascertain if there is new information available regarding how these conditions may be contracted, suffered, or if death from these conditions may occur, and to determine the extent to which these conditions or deaths may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. Submissions in relation to these investigations can be made by interested parties via the RMA website or by email or post, with all written submissions required to be received by the Authority no later than 17 September 2021.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) has issued a notice of investigation regarding certain medical conditions. Specifically, the Authority intends to review the contents of Statements of Principles concerning allergic rhinitis, narcolepsy, periodic limb movement disorder, restless legs syndrome, and somatic symptom disorder (section 196G(1)). The Authority seeks to determine whether there is new information available about these conditions, how they may be suffered or contracted, and whether they may be war-caused, defence-caused, a service injury, a service disease, or a service death. The first meeting for each investigation is scheduled for 6 October 2021.
Persons and organisations eligible to make submissions include those eligible to claim pension or compensation, representatives of veterans and their dependants, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions can be made via the RMA website, email, or post, and must be received by 17 September 2021. The RMA Submission Guidelines are available online, and the RMA Secretariat can provide further assistance.
The obligations imposed on the parties under this Act include the requirement to provide written submissions by the specified deadline. Eligible individuals and organisations must submit their views on the listed conditions, potentially including new information or expert opinions, to assist the Authority in its investigations. The Authority is mandated to review these submissions as part of its duty to update and refine the Statements of Principles concerning these conditions.
Failure to adhere to the submission requirements may result in exclusion from the investigation process, potentially affecting the consideration of new evidence or expert opinion on the conditions in question. The Act does not specify explicit penalties for non-compliance with submission requirements, but the omission of relevant information could impact the outcomes of the investigations, potentially disadvantaging those who might benefit from updated Statements of Principles. The overarching goal is to ensure that the Authority has access to the most current and comprehensive information available to make informed decisions.