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 posterior tibialis tendinopathy.
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 10 February 2021.
Under the VEA, the Authority is required to find out whether there is information available about how posterior tibialis tendinopathy may be suffered or contracted, or death from posterior tibialis tendinopathy may occur, and the extent to which posterior tibialis tendinopathy or death from posterior tibialis tendinopathy 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 1 February 2021.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 24 / 12 / 2020 |
Overview
The Veterans' Entitlements Act 1986 (VEA), enacted by the Parliament of Australia, serves to provide various benefits and support for veterans, their families, and dependents. The Act was introduced to address the need for a comprehensive legal framework to support and compensate those who have served in the Australian Defence Force. One of the critical aspects of the VEA is its provision for the Repatriation Medical Authority (the Authority) to investigate and determine Statements of Principle on various conditions that may be related to military service. The problem or gap this Act aims to address includes ensuring that veterans and their families receive the appropriate recognition and compensation for injuries or diseases that may be linked to their service.
The Authority, under section 196G of the VEA, has initiated an investigation into whether Statements of Principles may be determined in respect of posterior tibialis tendinopathy. This investigation aims to ascertain whether there is sufficient information to establish a link between posterior tibialis tendinopathy and military service, thereby facilitating appropriate entitlements for affected veterans. The Authority invites submissions from eligible individuals, organisations, and experts to provide insights and relevant information to support this investigation. The Authority's decision-making process is rooted in a policy objective to ensure that the benefits and compensations provided are both accurate and just, reflecting the realities of military service and its potential health impacts.
Scope and Application
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) has issued a notice of investigation concerning posterior tibialis tendinopathy, inviting specified groups and individuals to submit written statements. This includes veterans and their dependants eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing such individuals, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and persons with relevant expertise. The investigation seeks to determine whether there is sufficient information to conclude that posterior tibialis tendinopathy may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority is mandated to conduct this investigation under section 196G of the VEA and will hold its first meeting on 10 February 2021. Submissions are to be made electronically via the RMA website, by email, or post, and must be received by 1 February 2021. The geographic and jurisdictional reach of the Act is national, extending across all states and territories of Australia. Any exclusions, exemptions, or thresholds are not specified in the text, and the Act may extend or restrict its application through subordinate instruments.
Key Provisions
The key operative sections of the notice pertain to section 196G of the Veterans' Entitlements Act 1986 (VEA), which empowers the Repatriation Medical Authority (the Authority) to investigate whether Statements of Principles may be determined for posterior tibialis tendinopathy. This investigation aims to ascertain if this condition is war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites written submissions from eligible claimants, organisations representing various groups, and experts relevant to the investigation. Submissions must be received by 1 February 2021, and can be made electronically, by email, or by post.
The obligations imposed by the Act on the relevant parties include the requirement for eligible claimants, organisations, and experts to provide written submissions to the Authority. Submissions should detail any information regarding how posterior tibialis tendinopathy may be suffered or contracted, the extent to which it may be considered war-caused, defence-caused, a service injury, a service disease, or a service death, and any relevant data on deaths from this condition. The Authority, in turn, is obligated to conduct the investigation as outlined, which includes considering the submissions received by the specified deadline. The Act also mandates that the Authority convenes its first meeting for this investigation on 10 February 2021.
The notice does not explicitly state any offences, penalties, or civil/criminal consequences for breach of the obligations under this notice. However, the failure to comply with the requirement to submit relevant information may result in the Authority's inability to fully consider all relevant data in its investigation, potentially impacting the determination of Statements of Principles for posterior tibialis tendinopathy. There is no indication of specific penalties for non-compliance in this context. The primary focus is on gathering comprehensive information to inform the investigation process effectively.