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(7) of the VEA, it intends to carry out investigations to review the contents of Statements of Principles concerning the following:
Condition: | Instrument Nos.: |
analgesic nephropathy | 29 & 30 of 2008 |
smallpox | 31 & 32 of 2008 |
acquired cataract | 39 & 40 of 2008, as amended |
haemorrhoids | 41 & 42 of 2008 |
sickle-cell disorder | 43 & 44 of 2008 |
relapsing polychondritis | 45 & 46 of 2008 |
hepatitis B | 52 & 53 of 2008 |
hepatitis C | 54 & 55 of 2008 |
hepatitis D | 56 & 57 of 2008 |
fibromuscular dysplasia | 60 & 61 of 2008 |
animal envenomation | 66 & 67 of 2008 |
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 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 each of these investigations in April 2016.
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 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 18 March 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 30 / 09 /2015
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a framework for the administration of veterans' entitlements, ensuring that those who have served in the Australian Defence Force receive appropriate compensation and support. The Act was introduced to address the need for a comprehensive legal structure that recognises and addresses the health and welfare needs of veterans. The Repatriation Medical Authority (the Authority) operates under this Act to facilitate the review and determination of various conditions and diseases that may be war-caused or defence-caused. The Authority's investigations, as notified in this gazette, aim to review the contents of Statements of Principles concerning specific medical conditions to determine their eligibility under the VEA and to gather new information about these conditions. This process is essential for ensuring that the legislation remains relevant and effective in meeting the evolving needs of veterans. Submissions are invited from relevant stakeholders, including individuals and organisations representing veterans, to contribute to the review process.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) applies to various stakeholders including veterans, their dependants, and entities such as the Repatriation Medical Authority (RMA). The Act provides a framework for the RMA to investigate and review Statements of Principles concerning specific medical conditions suffered by veterans, with a particular focus on whether these conditions can be attributed to military service. The scope of the Act includes investigating the war-caused, defence-caused, service injury, service disease, or service death aspects of these conditions. The notice of investigation extends to a wide range of conditions including analgesic nephropathy, smallpox, and hepatitis B, among others. The geographic reach of this Act is national, applying across Australia and impacting all veterans and their families within the Commonwealth.
The Authority extends an invitation for written submissions from eligible individuals and organisations, such as those eligible for claims under the VEA or MRCA, representatives of veterans, and experts in relevant fields. Submissions must be received by the RMA no later than 18 March 2016. The notice also indicates that the RMA may use subordinate instruments to further define the scope or detail of the investigations. The legislative process includes public consultation as part of its review mechanism, ensuring that the evidence base informing the Statements of Principles is as comprehensive and accurate as possible.
Key Provisions
The notice issued by the Repatriation Medical Authority under section 196G of the Veterans' Entitlements Act 1986 (VEA) specifies the Authority's intention to conduct investigations into several listed medical conditions, including analgesic nephropathy, smallpox, acquired cataract, haemorrhoids, sickle-cell disorder, relapsing polychondritis, hepatitis B, hepatitis C, hepatitis D, fibromuscular dysplasia, and animal envenomation. These investigations are meant to review the contents of Statements of Principles related to these conditions and their causes, as outlined in section 196B(7) of the VEA. These reviews aim to uncover new information about how these conditions may be contracted or result in death, and the extent to which they may be war-caused, defence-caused, a service injury, a service disease, or a service death.
The obligations imposed by the VEA on the parties involved in these investigations include the requirement for the Authority to examine the potential new information about the listed conditions and their causes. Persons and organisations eligible to make claims under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), as well as those with relevant expertise, are invited to submit written evidence to the Authority. The Authority has specified that submissions must be received by 18 March 2016, and should adhere to the RMA Submission Guidelines, which can be obtained from the RMA website or by contacting the RMA Secretariat. The Authority's first meeting for each investigation is scheduled for April 2016.
The legislation does not explicitly state any offences or penalties for non-compliance with the submission requirements. However, the omission of such provisions implies that while the Act encourages participation through submissions, it does not impose legal penalties for failing to comply with the submission deadlines or guidelines. Nonetheless, the absence of penalties may not deter entities from complying, as the information gathered through these submissions is crucial for the review and potential amendment of the Statements of Principles concerning these conditions, which directly impacts the entitlements of veterans and their families.