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 the use of the terms 'corpse' and 'casualty' in the plural in the definition of "a category 1B stressor" included in clause 9 of the Statements of Principles concerning posttraumatic stress disorder.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 82 & 83 of 2014 concerning posttraumatic stress disorder.
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 April 2018.
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 March 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 22 / 12 / 2017 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a framework for the entitlement of benefits and services for Australian Defence Force (ADF) veterans, their families, and dependents. A gap identified in the legislation was the need to clarify and refine the criteria for categorising stressors that could lead to posttraumatic stress disorder (PTSD) among veterans, particularly in relation to terminology that might affect the understanding and acceptance of claims. This led to an investigation into the use of the terms 'corpse' and 'casualty' in the plural within the definition of a category 1B stressor. The Repatriation Medical Authority (the Authority), as the enacting body, initiated this investigation to ensure that the criteria for PTSD claims are both accurate and compassionate, reflecting the true experiences of veterans. The policy objective is to provide clarity and fairness in the recognition and processing of PTSD claims among veterans, ensuring they receive the support they deserve.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the framework for the Repatriation Medical Authority (the Authority) to conduct an investigation into the use of the terms 'corpse' and 'casualty' in the plural within the definition of "a category 1B stressor" as it pertains to Statements of Principles concerning posttraumatic stress disorder. This investigation specifically targets clauses within Statements of Principles Instrument Nos. 82 & 83 of 2014. The Authority extends an invitation to various stakeholders, including individuals eligible for pension claims under Parts II or IV of the VEA, those eligible for compensation claims under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans and other eligible persons, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields, to submit written contributions. Submissions can be made electronically via the RMA website, by email, or by post, and must be received by the Authority by 19 March 2018. The Authority's first meeting for this investigation is scheduled for 10 April 2018.
Key Provisions
The main operative sections of the Notice of Investigation concern the investigation into the use of the terms 'corpse' and 'casualty' in the plural within the definition of "a category 1B stressor" in the Statements of Principles concerning posttraumatic stress disorder (PTSD). Specifically, section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates that the Repatriation Medical Authority (the Authority) provides notice of this intended investigation, as outlined in subsection 196B(7A) of the VEA. This investigation will focus on the Statements of Principles Instrument Nos. 82 & 83 of 2014 concerning PTSD. The Authority extends an invitation to eligible persons and organisations to submit written contributions, which include veterans and their dependents, relevant government commissions, and experts in fields pertinent to the investigation.
The obligations imposed by the Act on the parties and entities it governs are primarily focused on the provision of submissions to the Authority. According to the notice, eligible persons and organisations are required to make written submissions by 19 March 2018. The submissions can be lodged electronically via the RMA website, emailed to info@rma.gov.au, or posted to a specified address. The RMA Submission Guidelines are available online to assist in the preparation of these submissions. The Authority has also provided contact details for the RMA Secretariat to offer further assistance. Failure to adhere to the submission deadlines and guidelines may result in the exclusion of relevant input from the investigation.
Under the Notice of Investigation, breaches of the submission requirements or any other non-compliance with the stipulated procedures may result in civil or criminal consequences. The Notice does not explicitly state penalties for non-compliance, but such breaches could potentially lead to legal repercussions as per the relevant legislative frameworks governing the operations of the Repatriation Medical Authority. The maximum penalties for such breaches are not specified in this notice but would typically be determined by the relevant legislation under which the Authority operates, including the VEA and any associated regulations or guidelines. It is essential for all eligible persons and organisations to ensure they meet the submission requirements to avoid any potential adverse consequences.