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 infection with Epstein-Barr virus as a factor in non-Hodgkin lymphoma.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 90 and 91 of 2018 concerning non-Hodgkin lymphoma.
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 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 this investigation on 7 April 2021.
Persons and organisations wishing to make a submission can use the RMA website 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 23 March 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) under the Veterans' Entitlements Act 1986 (the VEA) has issued a notice of investigation to explore the potential link between Epstein-Barr virus infection and non-Hodgkin lymphoma, specifically in the context of Statements of Principles Instrument Nos. 90 and 91 of 2018. This investigation aims to address gaps in understanding the impact of this virus on veterans' health, providing a foundation for informed policy and support mechanisms. The Authority invites submissions from eligible claimants, representatives of relevant groups, and experts in related fields, seeking to gather diverse perspectives to inform its findings. Submissions can be made electronically via the RMA website, by email, or by post, with a deadline of 23 March 2021. This initiative underscores the Authority’s commitment to addressing the health concerns of veterans comprehensively.
The notice of investigation is a formal step taken by the Authority, mandated under section 196G of the VEA, to enhance the support framework for veterans affected by non-Hodgkin lymphoma. By engaging with various stakeholders, including the Repatriation Commission and the Military Rehabilitation and Compensation Commission, the Authority aims to ensure that its investigation is thorough and inclusive. This process reflects a policy objective to improve the healthcare outcomes for veterans, ensuring that potential links between viral infections and serious health conditions are thoroughly examined and appropriately addressed within the legislative framework.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986, as implemented by the Repatriation Medical Authority (the Authority), concerns the investigation of the potential link between infection with Epstein-Barr virus and non-Hodgkin lymphoma, specifically in the context of Statements of Principles Instrument Nos. 90 and 91 of 2018. This investigation is pertinent to individuals who are eligible to claim pensions under Part II or Part IV of the VEA, as well as those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004. Furthermore, the investigation extends to organisations representing various groups including 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 and the Military Rehabilitation and Compensation Commission are also invited to contribute, alongside experts in relevant fields. The scope of the investigation is national, reaching across Commonwealth jurisdictions, and is not limited by specific geographic constraints. While the Act itself sets out the parameters, the application and enforcement may be extended or restricted through subordinate instruments, which are subject to the procedural guidelines outlined in the notice.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) section 196G provides the Repatriation Medical Authority (the Authority) with the mandate to investigate infection with the Epstein-Barr virus as a factor in non-Hodgkin lymphoma. This investigation will be carried out within the framework of Statements of Principles Instrument Nos. 90 and 91 of 2018 concerning non-Hodgkin lymphoma. The Authority has invited submissions from eligible persons and organisations, including veterans and their dependants, representatives of veterans' organisations, and experts in relevant fields. This broad invitation is intended to ensure a comprehensive examination of the issue from multiple perspectives.
The obligations imposed by this Act on the parties and entities it governs include the requirement for eligible individuals and organisations to submit written submissions by 23 March 2021. These submissions must address the investigation into the potential link between Epstein-Barr virus infection and non-Hodgkin lymphoma. The Authority must consider these submissions in its deliberations and subsequent decisions regarding the investigation. Additionally, the Authority is tasked with facilitating this process, which includes providing guidelines for submissions and making necessary arrangements for the investigation meeting on 7 April 2021.
There are no specific offences, penalties, or civil/criminal consequences outlined in this notice. However, failure to comply with the submission requirements or other procedural obligations may result in the Authority considering the lack of participation in its investigations. While the notice does not specify penalties, it is implied that non-compliance could adversely affect the outcomes of the investigation and potentially impact the entitlements of veterans and their dependants. The Authority's mandate to conduct the investigation and the requirement for submissions are key to ensuring a thorough and inclusive examination of the issue at hand.