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 temporomandibular joint dysfunction.
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 7 February 2018.
Under the VEA, the Authority is required to find out whether there is information available about how temporomandibular joint dysfunction may be suffered or contracted, or death from temporomandibular joint dysfunction may occur, and the extent to which temporomandibular joint dysfunction or death from temporomandibular joint dysfunction 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 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 January 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 3 / 11 / 2017 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted by the Parliament of Australia to provide entitlements and benefits to veterans, including pensions and compensation. In 2017, the Repatriation Medical Authority (the Authority), established under the VEA, announced its intention to investigate whether Statements of Principles could be determined in respect of temporomandibular joint dysfunction. This investigation aimed to ascertain if there is sufficient information on how this condition may be suffered or contracted, its war-related or defence-related causes, and whether it qualifies as a service injury, disease, or death. The Authority invited relevant individuals and organisations, including those eligible to make claims under the VEA or the Military Rehabilitation and Compensation Act 2004, to submit written evidence by 19 January 2018. The first meeting of the investigation was scheduled for 7 February 2018, with submissions able to be lodged electronically via the RMA website, by email, or by post. This initiative reflects the policy objective of ensuring that veterans receive appropriate recognition and support for conditions potentially linked to their service.
Scope and Application
The Veterans' Entitlements Act 1986, as referenced in the Gazette under notice number C2017G01218, outlines the scope of an investigation to be conducted by the Repatriation Medical Authority (the Authority). This investigation pertains to whether Statements of Principles may be determined in relation to temporomandibular joint dysfunction, focusing on how such dysfunction may be suffered or contracted, and the circumstances under which it may be attributable to war, defence, service injury, service disease, or service death. The Authority seeks written submissions from a range of stakeholders including individuals eligible to make claims for pensions or compensation, organisations representing veterans and their dependants, relevant Commissions, and experts with knowledge pertinent to the investigation. The investigation applies nationally under the Commonwealth jurisdiction, and interested parties are required to submit their contributions by 19 January 2018, either electronically, by email, or by post. The Authority's investigation is a formal process under the VEA, designed to gather comprehensive information and expert opinions to inform potential policy changes or entitlements for affected veterans.
Key Provisions
The main operative sections of this Notice of Investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) (section 196G) are the provisions that inform the public of the Authority's intention to conduct an investigation into whether Statements of Principles may be determined in respect of temporomandibular joint dysfunction. The Authority is required under the VEA to investigate the causes and circumstances of this condition to determine whether it may be considered a war-caused, defence-caused, service injury, service disease, or service death. The Notice invites eligible persons and organisations to make written submissions to the Authority. These submissions can be made electronically via the RMA website, by email, or by post, and must be received by 19 January 2018.
The obligations imposed by the Notice on the parties and entities it governs include the requirement for eligible individuals and organisations to submit written statements to the Authority by the specified deadline. This includes veterans or their representatives, organisations representing veterans, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and individuals with expertise relevant to the investigation. The Notice specifies the format and submission methods, and provides contact details for further assistance. The Authority is mandated to consider the submissions as part of its investigation.
The Notice also specifies the potential consequences for non-compliance with the submission requirements. Although the Notice does not explicitly detail penalties for failing to submit a written statement by the deadline, it can be inferred that not adhering to the submission guidelines could result in the Authority not considering the submission, potentially impacting the outcome of the investigation. The VEA and related Acts, however, do not outline specific penalties for non-compliance in this context. The Notice does provide contact details for the RMA Secretariat, suggesting that parties may seek clarification or assistance regarding the submission process.
Additionally, the Notice sets out the date for the first meeting of the Authority to discuss the investigation, scheduled for 7 February 2018. This meeting is an essential part of the investigation process, providing a formal platform for the Authority to discuss the findings and implications of the investigation into temporomandibular joint dysfunction. The Notice of Investigation is an important step in ensuring that the Authority's investigation is comprehensive and considers all relevant submissions before determining whether Statements of Principles may be made in respect of this condition.