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 retrolisthesis.
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 2 August 2016.
Under the VEA, the Authority is required to find out whether there is information available about how retrolisthesis may be suffered or contracted, or death from retrolisthesis may occur, and the extent to which retrolisthesis or death from retrolisthesis 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 [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 15 July 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 22 / 4 /2016
Overview
The Veterans' Entitlements Act 1986 was enacted to provide a framework for the administration of veterans' benefits and entitlements in Australia. This legislation was introduced to address the need for a structured and comprehensive system to ensure that veterans and their dependants receive appropriate compensation and support for injuries and conditions sustained during service. The policy objective of the Act is to provide equitable and timely access to medical, financial, and other benefits for veterans who have served in the Australian Defence Force.
In line with this objective, the Repatriation Medical Authority (the Authority), established under the Veterans' Entitlements Act 1986, has initiated an investigation to determine whether Statements of Principles should be established in respect of retrolisthesis. This investigation aims to ascertain whether there is sufficient information available about how retrolisthesis may be suffered or contracted, the extent to which it may be war-caused or defence-caused, and if it constitutes a service injury, service disease, or service death. The Authority invites submissions from eligible individuals and organisations to aid in this investigation, with a deadline of 15 July 2016 for the receipt of written submissions.
Scope and Application
The Repatriation Medical Authority (the Authority) has issued a notice of investigation under section 196G of the Veterans' Entitlements Act 1986 (the VEA) to determine whether Statements of Principle can be established in respect of retrolisthesis. This investigation aims to ascertain the availability of information on how retrolisthesis may be suffered or contracted, its potential causation by war or defence service, and the extent to which it may be considered a service injury, disease, or death. The Authority invites submissions from eligible claimants under the VEA and the Military Rehabilitation and Compensation Act 2004, representatives of veterans and their families, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. Submissions can be lodged electronically via the RMA website, by email, or by post, and must be received by 15 July 2016. The Authority’s first meeting for this investigation is scheduled for 2 August 2016. This investigation applies to all relevant persons and entities within the scope of the VEA and related acts, encompassing Commonwealth jurisdiction.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (RMA) has initiated an investigation into whether Statements of Principles may be determined for retrolisthesis. This investigation aims to determine if retrolisthesis can be considered a war-caused, defence-caused, service injury, service disease, or service death. To gather relevant information, the RMA invites written submissions from eligible claimants, representatives of veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be received by the RMA no later than 15 July 2016, and can be lodged electronically via the RMA website or sent by email or post.
The obligations under the VEA require the RMA to investigate the nature and causation of retrolisthesis in the context of military service. This involves assessing whether the condition can be linked to service and, if so, to what extent. The RMA must consider the available information and submissions when making its determination. The submission process is designed to ensure that all relevant perspectives and expertise are considered in the investigation. Eligible parties and organisations are encouraged to provide detailed submissions to aid the RMA in its analysis.
Failure to comply with the submission requirements, such as missing the deadline or not submitting in the required format, may impact the comprehensiveness of the investigation. While the Act does not explicitly outline specific penalties for non-compliance in this context, the importance of timely and proper submissions cannot be understated, as they are crucial for the RMA to make an informed determination. Furthermore, any individual or organisation found to have provided false or misleading information could face legal consequences, including potential charges under the Commonwealth’s false statement laws. Such charges could lead to civil or criminal penalties, as determined by the relevant courts.
The RMA is committed to conducting a thorough and fair investigation into retrolisthesis, ensuring that all relevant information is considered. Submissions are a critical part of this process, enabling the RMA to make a well-informed decision on the eligibility of retrolisthesis for Statements of Principles under the VEA. The investigation aims to provide clarity and potentially expand the scope of entitlements for affected veterans and their dependants.