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 anticoagulant drugs as a factor in subdural haematoma.
This investigation will be carried out in the context of Statements of Principles Instrument Nos. 33 & 34 of 2011 concerning subdural haematoma.
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 11 December 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 5 December 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 26 / 10 / 2018 |
Overview
The Veterans' Entitlements Act 1986, enacted to address the various entitlements and benefits for veterans and their dependants, has been supplemented by the Repatriation Medical Authority (the Authority) through a notice of investigation. This investigation, announced in 2018, aims to explore the potential link between anticoagulant drugs and subdural haematoma in veterans. The investigation is conducted under section 196G of the Act and follows the issuance of Statements of Principles Instrument Nos. 33 and 34 of 2011, which pertain to subdural haematoma. The Authority has invited submissions from eligible claimants, representatives of veterans, and experts in relevant fields to contribute to the investigation, with a deadline of 5 December 2018 for all written submissions. This initiative is part of the Authority's ongoing effort to ensure comprehensive and informed assessments of health conditions affecting veterans.
Scope and Application
Section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates that the Repatriation Medical Authority (the Authority) conducts an investigation into the potential role of anticoagulant drugs as a contributing factor in subdural haematoma, in accordance with Statements of Principles Instrument Nos. 33 & 34 of 2011. This investigation is directed at a range of stakeholders including individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, as well as organisations representing veterans, Australian mariners, members of the Forces, members of the Peacekeeping Forces, members within the meaning of the MRCA, or their dependants. Furthermore, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and individuals possessing expertise relevant to the investigation are also invited to participate. This legislative action extends to the Commonwealth of Australia, and while it does not specify any exclusions, exemptions, or thresholds, the scope of application is determined by the nature and relevance of the submissions received. The Authority has set a deadline of 5 December 2018 for the submission of written submissions, which can be lodged electronically, via email, or by post, as outlined on the RMA website.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the Repatriation Medical Authority (the Authority) with the mandate to investigate anticoagulant drugs as a potential factor in subdural haematoma. This investigation is carried out in the context of Statements of Principles Instrument Nos. 33 & 34 of 2011. The Authority invites relevant parties to submit written submissions, including those eligible to claim under the VEA or Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be submitted by 5 December 2018, either electronically via the RMA website, by email, or by post. The Authority's first meeting for this investigation is scheduled for 11 December 2018.
The Act imposes obligations on the Authority to conduct the investigation in a transparent and inclusive manner. This involves soliciting input from stakeholders such as veterans, their representatives, and subject matter experts. Furthermore, the Act requires the Authority to provide clear guidelines and a structured process for receiving submissions, ensuring that all interested parties have an opportunity to contribute to the investigation. The Authority must also ensure that the investigation adheres to the stipulated timeframes, namely the deadline for submissions and the date of the first meeting.
Failure to comply with the requirements set forth in the VEA can result in legal consequences. The Act does not explicitly outline specific offences or penalties for non-compliance in this context. However, the Authority's failure to adhere to the process could potentially lead to judicial review or other legal challenges, particularly if it is deemed that the investigation process was not fair or did not sufficiently consider relevant submissions. Such outcomes could result in the investigation being overturned or the need for corrective action to be taken.