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. 59 & 60 of 2015 concerning spondylolisthesis and spondylolysis.
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.
Under the VEA, the Authority is required to find out whether there is new information available about how spondylolisthesis and spondylolysis may be suffered or contracted, or death from spondylolisthesis and spondylolysis may occur, and the extent to which spondylolisthesis and spondylolysis or death from spondylolisthesis and spondylolysis 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 4 October 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 26 / 08 /2016
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a comprehensive framework for the entitlements of veterans, ensuring they receive appropriate pensions, benefits, and compensation for injuries and diseases incurred during their service. The Repatriation Medical Authority (Authority), established under this Act, is mandated to investigate and review the validity and extent of certain medical conditions and injuries, including spondylolisthesis and spondylolysis, to determine their war-related or service-related origins. This legislative measure aims to address gaps in the recognition and compensation of veterans' health issues that may have been previously overlooked or inadequately assessed. The Authority's investigation under section 196B(7) of the VEA, as notified in the Gazette, seeks to incorporate new information and expert opinions to better support the claims of affected veterans.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to the mandate of the Repatriation Medical Authority (Authority) to investigate matters related to veterans' health conditions, specifically focusing on spondylolisthesis and spondylolysis as outlined in Statements of Principles Instrument Nos. 59 & 60 of 2015. The scope of this investigation is directed at reviewing the contents of these instruments to ascertain whether there is new information available about the conditions and their potential causation, including whether they might be war-caused, defence-caused, a service injury, a service disease or a service death. The Authority's investigation extends to inviting submissions from a range of stakeholders, including veterans eligible to claim pension or compensation, organisations representing veterans and related groups, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. This investigation is conducted within the Commonwealth jurisdiction and is not limited by state or territory boundaries. Submissions to the Authority must be submitted in writing by 4 October 2016, either electronically via the RMA website, by email, or by post, with detailed guidelines available online to assist in the submission process.
Key Provisions
The Repatriation Medical Authority (the Authority) has announced an investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) to review the contents of Statements of Principles Instrument Nos. 59 & 60 of 2015 concerning spondylolisthesis and spondylolysis. This review is prompted by a need to ascertain whether there is new information about how these conditions may be suffered or contracted, and the extent to which they may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority invites submissions from various stakeholders, including individuals eligible for pension or compensation claims, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts with relevant field expertise.
Under the VEA, the Authority is mandated to determine if new information exists regarding the conditions in question, their causes, and the extent of their relation to military service. The Authority's investigation aims to fill any gaps in understanding these aspects, potentially impacting eligibility for veterans' benefits. The first meeting for this investigation is scheduled for 11 October 2016, and the Authority is accepting written submissions until 4 October 2016. Submissions can be lodged electronically via the RMA website, emailed to info@rma.gov.au, or posted to the provided address. The RMA Submission Guidelines are available online to assist with the submission process.
The obligations imposed by the VEA on the parties involved include the requirement for eligible claimants and relevant organisations to submit written information and supporting data by the specified deadline. The Authority, in turn, is obligated to review these submissions and conduct a thorough investigation into the conditions of spondylolisthesis and spondylolysis, their causes, and their relation to military service. The Authority must ensure that all submissions are considered in its findings and that the review is conducted in a manner that adheres to the legislative requirements.
Failure to comply with the submission requirements or any other obligations imposed by the VEA may result in the exclusion of relevant information from the investigation, potentially affecting the outcome of the review. While the specific consequences for non-compliance are not detailed in the notice, adherence to legislative requirements is crucial to ensure that all relevant information is considered and that the investigation is conducted in a lawful and effective manner. The Authority has the discretion to determine any further consequences or actions in response to non-compliance.