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 pursuant to subsection 196B(4) of the VEA to find out whether Statements of Principles may be determined in respect of the following:
- bruxism;
- ganglion;
- incisional hernia;
- Scheuermann's disease; and
- umbilical hernia.
The Authority invites the following persons and organisations to make written submissions to the Authority in respect of these 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 these investigations on 7 June 2016.
Under the VEA, the Authority is required to find out whether there is 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 20 May 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 Veterans' Entitlements Act 1986 was enacted to provide for the payment of pensions, allowances, and other benefits to veterans and their dependants. One of its key objectives is to ensure that veterans who suffer from conditions or diseases related to their service are appropriately compensated. The Repatriation Medical Authority, under section 196G of the Act, has initiated investigations to determine whether Statements of Principles may be issued for certain conditions including bruxism, ganglion, incisional hernia, Scheuermann's disease, and umbilical hernia. This initiative seeks to ascertain whether these conditions can be considered war-caused, defence-caused, a service injury, a service disease, or a service death. By inviting written submissions from relevant stakeholders, including veterans, organisations representing veterans, and experts in relevant fields, the Authority aims to gather comprehensive information to inform its determinations. This process underscores the legislative intent to comprehensively address the needs of veterans by ensuring that all potential war-related conditions are properly assessed and acknowledged.
Scope and Application
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, has issued a notice of investigation to determine whether Statements of Principle can be established for several medical conditions: bruxism, ganglion, incisional hernia, Scheuermann's disease, and umbilical hernia. This investigation seeks to ascertain the extent to which these conditions or deaths resulting from these conditions may be attributable to war-related causes, defence-related causes, service injuries, service diseases, or service deaths. The scope of the investigation applies to various stakeholders including individuals eligible for pension claims under Part II or Part IV of the Veterans' Entitlements Act 1986, those eligible for compensation claims under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependents, and experts in relevant fields. The investigation is part of the Commonwealth's jurisdiction, and the Authority is mandated to review available information regarding the causation and nature of these conditions in the context of military service. Submissions from interested parties must be submitted in writing and received by the Authority by 20 May 2016, following the guidelines available on the RMA website.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 outlines the Repatriation Medical Authority's (the Authority) intention to investigate five specific medical conditions: bruxism, ganglion, incisional hernia, Scheuermann's disease, and umbilical hernia. The purpose of these investigations is to determine whether these conditions can be considered war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority is inviting written submissions from relevant parties, including individuals who are eligible to make claims for pensions or compensation, organisations representing veterans or military personnel, and experts in the relevant fields. Submissions must be received by the Authority no later than 20 May 2016.
The obligations imposed on parties by the Act include the requirement to provide written submissions to the Authority. Eligible claimants and representative organisations are specifically invited to submit their views on the potential war or service-related causation of the listed conditions. Additionally, experts in relevant fields are called upon to contribute their knowledge to aid the investigation. The Authority's first meeting to discuss these investigations is scheduled for 7 June 2016, indicating a timeline for the submission and review process.
Failure to comply with the requirements set forth in the Act may result in various consequences. While specific penalties are not detailed in the notice, breaches of statutory obligations could lead to legal repercussions under the broader legislative framework. Non-compliance could potentially affect the validity of any subsequent claims or entitlements related to the conditions under investigation. Additionally, if the Authority determines that the submissions do not sufficiently address the issues, this could impact the outcomes of the investigations, potentially disadvantaging claimants who rely on the findings.
The notice emphasises the importance of adhering to the specified guidelines for submissions. Submissions must be in writing and follow the RMA Submission Guidelines, which can be obtained from the RMA website or by contacting the RMA Secretariat. The Authority's commitment to a transparent and inclusive process is evident in their invitation for input from various stakeholders, ensuring that the investigation considers a wide range of perspectives and expertise. This collaborative approach aims to achieve a comprehensive understanding of the conditions in question and their potential service-related origins.