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 change in ambient barometric pressure as a factor in otitic barotrauma.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 35 & 36 of 2012 concerning otitic barotrauma.
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 11 October 2016.
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 September 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 24 / 6 / 2016
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to address the need for a comprehensive legislative framework to ensure that veterans receive the benefits and compensation they are entitled to under Australian law. This Act was introduced by the Australian Parliament to provide a structured approach to the recognition and payment of pensions, compensation, and other benefits to veterans and their families. The VEA aims to ensure that those who have served in the Australian Defence Force receive appropriate recognition and support, addressing gaps in previous legislation that may have left some veterans without adequate compensation or benefits.
In 2016, the Repatriation Medical Authority (RMA), pursuant to section 196G of the VEA, announced its intention to conduct an investigation into the role of change in ambient barometric pressure as a contributing factor in otitic barotrauma. This investigation was to be conducted in the context of Statements of Principles Instrument Nos. 35 & 36 of 2012 concerning otitic barotrauma, aiming to gather comprehensive data and expert opinions on the subject. The RMA invited submissions from various stakeholders, including veterans, representatives of veterans' organisations, and experts in relevant fields, to ensure a broad-based and well-informed investigation process. This initiative reflects the policy objective of the VEA to continually review and enhance the support provided to veterans based on the latest medical and scientific evidence.
Scope and Application
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) is conducting an investigation into the potential link between change in ambient barometric pressure and otitic barotrauma, as specified in the Statements of Principles Instrument Nos. 35 & 36 of 2012. This investigation is open to submissions from a range of stakeholders, including individuals eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or relevant military personnel, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant field expertise. Submissions must be made in writing and received by the Authority no later than 23 September 2016. The Authority’s first meeting for this investigation is scheduled for 11 October 2016, and submissions can be lodged electronically via the RMA website or by email or post, with detailed guidelines available online and assistance available from the RMA Secretariat. The investigation pertains to the Commonwealth jurisdiction and extends to any relevant individuals, entities, and organisations within this scope.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates that the Repatriation Medical Authority (RMA) provides a notice of its intent to investigate the role of changes in ambient barometric pressure as a factor in otitic barotrauma. This investigation is to be conducted within the framework of the Statements of Principles Instrument Nos. 35 and 36 of 2012 concerning otitic barotrauma. The RMA has extended an invitation to eligible individuals, organisations, and experts to submit written contributions to aid in the investigation. Specifically, those eligible to claim pensions under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA), and relevant organisations or experts are invited to provide their insights.
The obligations placed on the parties or entities governed by this Act include the submission of written contributions by the specified deadline. Eligible individuals and entities, including veterans and organisations representing veterans or mariners, are required to submit their submissions by 23 September 2016. This ensures that the RMA has ample time to review all contributions before commencing its investigation. The RMA provides multiple avenues for submission, including online electronic lodgement, email, and postal mail, ensuring accessibility for all contributors.
Failure to comply with the submission requirements can result in civil consequences. While the Act does not explicitly state penalties for non-compliance, the RMA might consider the lack of submission as a failure to participate in the investigation process, which could affect the comprehensiveness and fairness of the investigation. Additionally, if any part of the process is deemed to be in breach of other legislative requirements, further civil or administrative actions may be taken. The maximum penalties for such breaches are not specified in the notice but would be governed by the relevant sections of the VEA and MRCA.