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.: |
chronic fatigue syndrome | 11 and 12 of 2014 |
chronic solvent encephalopathy | 71 and 72 of 2013 |
dental pulp and apical disease | 3 and 4 of 2014 |
dermatomyositis | 9 and 10 of 2014 |
epilepsy | 75 and 76 of 2013 |
epileptic seizure | 77 and 78 of 2013 |
fibromyalgia | 13 and 14 of 2014 |
heart block | 1 and 2 of 2014, as amended |
malignant neoplasm of the pancreas | 73 of 2013, as amended and 74 of 2013 |
morbid obesity | 5 and 6 of 2014, as amended |
sick sinus syndrome | 15 and 16 of 2014 |
steatohepatitis | 79 and 80 of 2013 |
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 July 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 30 June 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 4 / 03 / 2021 |
Overview
The Repatriation Medical Authority (the Authority) has given notice under section 196G of the Veterans' Entitlements Act 1986 (the VEA) of its intention to investigate the contents of certain Statements of Principles concerning specific medical conditions potentially suffered by veterans. This initiative was enacted to ensure that the provisions of the VEA remain relevant and accurately reflect the current understanding of conditions that may be related to military service. The Authority aims to determine if there is new information regarding the causation or contraction of these conditions, and to what extent they may be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from a range of stakeholders, including eligible claimants, relevant organisations, and experts, with a deadline of 30 June 2021 for all written submissions. This legislative action underscores the ongoing commitment to reviewing and updating veterans' entitlements to ensure fair and appropriate recognition of service-related health issues.
Scope and Application
The Repatriation Medical Authority (the Authority), as directed under section 196G of the Veterans' Entitlements Act 1986 (VEA), has issued a notice of intent to conduct investigations into the contents of Statements of Principles concerning a range of medical conditions affecting veterans. This includes chronic fatigue syndrome, chronic solvent encephalopathy, dental pulp and apical disease, dermatomyositis, epilepsy, epileptic seizure, fibromyalgia, heart block, malignant neoplasm of the pancreas, morbid obesity, and sick sinus syndrome, among others. The investigations aim to explore whether there is new information available regarding how these conditions may be suffered or contracted, the extent to which they may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority extends an invitation to eligible individuals and organisations, including those eligible to make claims for pension or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, representatives of veterans, and experts in relevant fields, to submit written submissions by 30 June 2021. The Authority’s first meeting for each investigation is scheduled for 7 July 2021. Submissions can be lodged electronically through the RMA website, by email, or by post, and must be received by the specified deadline.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) mandates the Repatriation Medical Authority (the Authority) to conduct investigations into the contents of Statements of Principles for specified medical conditions (section 196G). These investigations are designed to review new information on how the conditions may be contracted or lead to death, and their potential connection to war, defence service, injury, disease, or death (subsection 196B(7)). The conditions under review include chronic fatigue syndrome, chronic solvent encephalopathy, dental pulp and apical disease, dermatomyositis, epilepsy, epileptic seizure, fibromyalgia, heart block, malignant neoplasm of the pancreas, morbid obesity, sick sinus syndrome, and steatohepatitis. The Authority invites written submissions from eligible individuals, organisations, and experts by 30 June 2021, either electronically via the RMA website or by email or post, as detailed in the RMA Submission Guidelines.
The Act imposes specific obligations on the Authority to gather and consider submissions from eligible claimants, representatives, and experts. It requires these submissions to be made in writing and submitted by the specified deadline. Additionally, the Authority must ensure that all submissions are adequately reviewed and considered during the investigation process. The VEA also requires the Authority to hold its first meeting for each investigation on 7 July 2021, providing a structured timeline for the review process.
Failure to comply with the requirements of the VEA may result in civil or criminal penalties, although specific penalties are not outlined in the Act itself. However, the Act does mandate that the Authority must follow the process as stipulated, which includes soliciting and considering submissions, and holding formal meetings to discuss the findings. Non-compliance could potentially lead to legal action or administrative penalties as deemed appropriate by the relevant authorities. The Authority's decision-making process must adhere strictly to the legislative framework to ensure fairness and legal compliance.