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 under subsection 196B(7) of the VEA to review the contents of Statements of Principles Instrument Nos. 15 of 2009, as amended, and 16 of 2009 concerning schizophrenia.
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 1 December 2015.
Under the VEA, the Authority is required to find out whether there is new information available about how schizophrenia may be suffered or contracted, or death from schizophrenia may occur, and the extent to which schizophrenia or death from schizophrenia may be war-caused, defence-caused, a service injury, a service disease or a service death. Persons and organisations wishing to make a submission should obtain a copy of the RMA Submission Guidelines from the RMA website [www.rma.gov.au] or by contacting the RMA Secretariat at the address or telephone number below.
All submissions must be in writing and received by the Authority at the address below no later than 20 November 2015.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 19 / 06 / 2015
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide various benefits and entitlements to veterans and their families, ensuring that those who have served in the defence force receive appropriate support. A notable gap identified in the legislation was the need to continuously review and update the understanding of service-related conditions, such as mental health disorders, to accurately determine eligibility for pensions and compensation. The Repatriation Medical Authority (RMA), established under the VEA, was tasked with this responsibility. In 2015, the RMA announced an investigation into the contents of Statements of Principles concerning schizophrenia to assess new information about its causation and its link to military service. The policy objective was to ensure that the benefits system accurately reflects current medical understanding and the realities of veterans' experiences. The RMA invited submissions from relevant stakeholders, including veterans, representatives of veteran organisations, and experts in relevant fields, to contribute to this review and improve the accuracy and fairness of the entitlements provided under the VEA.
Scope and Application
The Repatriation Medical Authority (RMA) has issued a notice of investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA), aiming to review the contents of Statements of Principles Instrument Nos. 15 and 16 of 2009 concerning schizophrenia. This investigation seeks to ascertain new information about how schizophrenia may be suffered, contracted, or result in death, and the extent to which these conditions may be related to war, defence service, or service injuries. The RMA is inviting submissions from various parties, including individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be in writing and submitted by 20 November 2015. The investigation is confined to the scope outlined by the VEA, with no specific exclusions or exemptions mentioned in this notice, though further details on application and restrictions may be found in subordinate instruments or guidelines.
Key Provisions
The key operative sections of the notice include section 196G of the Veterans' Entitlements Act 1986 (VEA), which allows the Repatriation Medical Authority (RMA) to announce its intention to investigate specific Statements of Principles Instruments concerning schizophrenia. This investigation aims to review the contents of Statements of Principles Instrument Nos. 15 of 2009, as amended, and 16 of 2009 (section 196B(7)). The RMA is seeking written submissions from certain individuals and organisations, such as those eligible to claim under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans or their dependants, and experts in relevant fields. The first meeting for this investigation is scheduled for 1 December 2015. The RMA's mandate under the VEA is to determine if there is new information regarding how schizophrenia may be suffered, contracted, or result in death, and to assess the extent to which schizophrenia or death from schizophrenia may be related to war or service.
The obligations imposed by the Act on the parties and entities it governs include the requirement for eligible individuals and organisations to submit written comments to the RMA by 20 November 2015. Submissions must adhere to the RMA Submission Guidelines, which can be obtained from the RMA website or by contacting the RMA Secretariat directly. The RMA, in turn, is obligated to conduct the investigation and consider all received submissions to ascertain whether new information warrants changes to the existing Statements of Principles concerning schizophrenia. The Repatriation Commission or the Military Rehabilitation and Compensation Commission may also be involved in providing relevant insights or data to aid the investigation.
The notice does not explicitly detail specific offences, penalties, or consequences for breach within this context. However, failure to comply with the statutory requirements for making submissions or providing relevant information could indirectly impact the outcomes of the investigation and subsequent decisions regarding veterans' entitlements and compensation claims. While the notice does not outline criminal or civil penalties for non-compliance, it is implicit that the accuracy and timeliness of submissions could influence the validity and efficacy of the investigation and its findings. The primary consequence of non-compliance would likely be the exclusion of certain perspectives or information from the investigation, potentially affecting the comprehensiveness and fairness of the resulting decisions.