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 tooth wear (that is, dental attrition, dental abrasion and dental erosion).
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 7 February 2017.
Under the VEA, the Authority is required to find out whether there is information available about how tooth wear may be suffered or contracted, or death from tooth wear may occur, and the extent to which tooth wear or death from tooth wear 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 23 January 2017.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 14 / 10 / 2016
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to address the issue of ensuring that veterans are appropriately compensated for conditions and injuries sustained during their service. The Repatriation Medical Authority (the Authority) under this Act has initiated an investigation to determine whether Statements of Principles should be established concerning tooth wear, including dental attrition, abrasion, and erosion, as potential war-caused, defence-caused, service injuries, service diseases, or service deaths. The Authority has invited submissions from various stakeholders, including eligible claimants, organisations representing veterans, and experts in relevant fields, to ensure a comprehensive examination of the matter. Submissions are due by 23 January 2017, with the first meeting of the investigation scheduled for 7 February 2017. This initiative aims to provide clarity and potentially extend entitlements to affected veterans, reflecting the policy objective of the VEA to support and compensate service personnel adequately.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) provides the legal framework for the Repatriation Medical Authority (RMA) to investigate whether Statements of Principles may be determined in relation to tooth wear, including dental attrition, dental abrasion, and dental erosion. This investigation is intended to determine if such conditions may be classified as war-caused, defence-caused, a service injury, a service disease, or a service death. The RMA invites submissions from various stakeholders, including individuals eligible for pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields. Submissions must be made by 23 January 2017, either electronically via the RMA website, by email, or by post. The investigation aims to gather information on the occurrence and causation of tooth wear in the context of military service.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) establishes a framework for the Repatriation Medical Authority (the Authority) to investigate whether Statements of Principles may be determined in respect of tooth wear, which includes dental attrition, dental abrasion, and dental erosion. The Authority's primary aim, as outlined in section 196B(4) of the VEA, is to ascertain whether such conditions can be attributed to war-related, defence-related, or service-related causes. This investigation seeks to determine if tooth wear or related fatalities can be classified as service injuries, diseases, or deaths.
The obligations imposed by this Act on the involved parties are significant. Eligible individuals, such as those who can claim pensions or compensation, and organisations representing veterans or having relevant expertise, are invited to submit written statements. These submissions are crucial for providing insights and evidence that the Authority can use to form its findings. Additionally, the Repatriation Commission and the Military Rehabilitation and Compensation Commission are also expected to contribute their expertise and data. The Authority has scheduled its first meeting on 7 February 2017, and all submissions must be received by 23 January 2017, either electronically via the RMA website, by email, or by post.
Failure to comply with the submission requirements could result in the exclusion of potentially valuable information from the Authority’s investigation. The penalties or consequences for not adhering to these obligations are not explicitly stated in the text, but the importance of timely and comprehensive submissions underscores their necessity. The text does not specify any penalties for non-compliance, but the potential impact on the accuracy and thoroughness of the investigation suggests that adhering to these requirements is crucial.
In terms of potential offences and penalties, the text does not provide specific details about criminal or civil consequences for breaches related to the submission process or the investigation itself. However, the significance of the Authority's role in determining Statements of Principles implies that any failures in the submission process or non-compliance could have broader implications for affected veterans and their families, potentially impacting their entitlements and benefits.