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 benzene in the following Statements of Principles:
Condition: Instrument Nos.:
acute myeloid leukaemia | 71 & 72 of 2015 |
myelodysplastic syndrome | 73 & 74 of 2015 |
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 9 February 2016.
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 22 January 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 4 / 12 /2015
Overview
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) has issued a notice of investigation concerning the potential link between benzene exposure and two specific conditions: acute myeloid leukaemia and myelodysplastic syndrome. This investigation, mandated by section 196G of the VEA, aims to address gaps in the understanding of the health impacts of benzene on veterans. The Authority seeks to enhance the comprehensiveness of Statements of Principles to ensure that veterans affected by these conditions receive appropriate recognition and benefits. Submissions are invited from eligible claimants, relevant organisations, and experts in the field, with a deadline of 22 January 2016, to inform the Authority’s investigation and forthcoming decisions. The Authority will convene its first meeting on 9 February 2016 to deliberate on the submissions received.
This initiative reflects the policy objective of the VEA to provide fair and accurate assessments of veterans' health conditions related to their service, thereby ensuring they receive the support and recognition they deserve. The Authority's investigation seeks to fill the legislative gap by examining the specific health effects of benzene exposure on veterans, thereby contributing to the broader aim of the VEA to uphold the rights and well-being of veterans.
Scope and Application
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, has issued a notice of investigation regarding the inclusion of benzene in certain Statements of Principles concerning acute myeloid leukaemia and myelodysplastic syndrome. This investigation applies to a range of individuals and entities, including those eligible to make claims for pension under the Act, individuals eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing various groups including veterans and their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. The scope of the investigation is confined to the specified conditions and instrument numbers, and the Authority welcomes written submissions from interested parties by 22 January 2016. This notice does not specify any exclusions, exemptions, or thresholds, but the application of the Act may be extended or restricted through subordinate instruments.
Key Provisions
The Notice of Investigation, published under section 196G of the Veterans' Entitlements Act 1986 (VEA), announces the Repatriation Medical Authority's (the Authority) intention to investigate the presence of benzene in relation to certain health conditions affecting veterans (section 196B(7A) of the VEA). Specifically, the investigation will focus on acute myeloid leukaemia (Instrument Nos. 71 & 72 of 2015) and myelodysplastic syndrome (Instrument Nos. 73 & 74 of 2015). The Authority seeks to gather comprehensive insights into how benzene exposure may correlate with these conditions, thereby informing potential updates to the Statements of Principles.
The obligations imposed by this notice are primarily directed at relevant stakeholders, including individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans and related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. These entities and individuals are invited to submit written evidence and viewpoints to the Authority, providing their input on the matter at hand. Submissions must adhere to the guidelines available on the RMA website or through the RMA Secretariat and should be submitted by 22 January 2016.
Failure to comply with the submission requirements may result in the exclusion of pertinent information or perspectives that could influence the outcome of the investigation. Additionally, the legislation does not explicitly detail the specific consequences of non-compliance with submission requirements, but it is implicit that omitting to provide requested information might affect the comprehensiveness and fairness of the investigation. While no specific penalties are outlined in the notice, the implications of omitting submissions could potentially lead to gaps in the evidence base, which could impact the final recommendations or decisions made by the Authority.
Offences or penalties for non-compliance with the submission requirements are not explicitly mentioned in the notice. However, the importance of adhering to the submission guidelines and deadlines cannot be overstated, as non-compliance could indirectly result in incomplete or biased investigations, which might have broader implications for the affected veterans and their entitlements. The Notice of Investigation underscores the need for thorough and timely submissions to ensure a fair and comprehensive evaluation of the role of benzene in the specified health conditions.