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 an investigation pursuant to subsection 196B(4) of the VEA to find out whether Statements of Principles may be determined in respect of osteonecrosis, including dysbaric osteonecrosis. The Authority may, consequent to this investigation, review the contents of Statements of Principles Instrument Nos. 17 & 18 of 2015 concerning dysbaric osteonecrosis.
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 August 2019.
Under the VEA, the Authority is required to find out whether there is information available about how osteonecrosis may be suffered or contracted, or death from osteonecrosis may occur, and the extent to which osteonecrosis or death from osteonecrosis 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 19 July 2019.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 26 / 4 / 2019 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a range of benefits to veterans and their families, addressing gaps in support for those who have served in the Australian Defence Force. The Act was established by the Commonwealth Parliament to ensure that veterans receive the necessary compensation and medical care for conditions related to their service. One of the critical functions of the Repatriation Medical Authority (the Authority) under this Act is to investigate and determine Statements of Principles for various service-related conditions, including osteonecrosis. The Authority's recent announcement of an investigation into whether Statements of Principles may be determined in respect of osteonecrosis, including dysbaric osteonecrosis, highlights the ongoing commitment to review and potentially expand the scope of conditions recognised as war-caused or defence-caused, thus ensuring that affected veterans receive appropriate entitlements and care.
Scope and Application
The Repatriation Medical Authority, pursuant to section 196G of the Veterans' Entitlements Act 1986, is undertaking an investigation to determine whether Statements of Principles may be established concerning osteonecrosis, including dysbaric osteonecrosis. This investigation is intended to ascertain the availability of information on how osteonecrosis may be suffered or contracted, and the extent to which such conditions or resulting deaths may be attributable to war, defence, service injury, service disease, or service death. The Authority is inviting submissions from eligible claimants under Part II or Part IV of the VEA, those eligible for compensation under the Military Rehabilitation and Compensation Act 2004, organisations representing relevant groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with expertise in relevant fields. The submission process can be completed through the RMA website, email, or post, with a deadline of 19 July 2019. The investigation and potential review of Statements of Principles Instruments Nos. 17 & 18 of 2015 concerning dysbaric osteonecrosis will be undertaken with the aim of providing comprehensive guidance and support to affected veterans and their families.
Key Provisions
The Repatriation Medical Authority (the Authority) under section 196G of the Veterans' Entitlements Act 1986 (the VEA) has issued a notice to conduct an investigation into whether Statements of Principles may be determined in respect of osteonecrosis, including dysbaric osteonecrosis. This investigation aims to ascertain the extent to which osteonecrosis or death from osteonecrosis may be war-caused, defence-caused, a service injury, a service disease, or a service death (s. 196G, 196B(4) VEA). The Authority may review the contents of Statements of Principles Instrument Nos. 17 & 18 of 2015 concerning dysbaric osteonecrosis as a result of this investigation.
Various parties and entities are invited to make written submissions to the Authority, including individuals eligible to claim pension under Part II or Part IV of the VEA or compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 (the MRCA), organisations representing relevant groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and persons with relevant expertise (s. 196G VEA). Submissions can be lodged electronically through the RMA website, emailed, or posted, and must be received by the Authority by 19 July 2019. The RMA Submission Guidelines are available online for guidance, and the RMA Secretariat can be contacted for further assistance.
The obligations imposed on the parties and entities by this Act include the requirement for eligible individuals and organisations to submit written submissions on the investigation by the specified deadline. Submissions must be in writing and include any relevant supporting information. The Authority is required to consider these submissions as part of its investigation and potentially review the contents of existing Statements of Principles. The Authority must also ensure that the investigation is conducted in accordance with the provisions of the VEA and any relevant guidelines or regulations.
Breach of any of the obligations imposed by this Act may result in civil or criminal consequences. While the specific offences, penalties, or consequences for breach are not detailed in the notice, it is understood that failure to comply with the requirements of the VEA or the investigation process could lead to legal action. The maximum penalties for offences under the VEA can vary depending on the specific offence and jurisdiction, but they may include fines and imprisonment. It is important for all parties and entities to carefully review the requirements of the Act and ensure compliance to avoid any potential legal repercussions.