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 toxic vestibulopathy.
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 2 June 2020.
Under the VEA, the Authority is required to find out whether there is information available about how toxic vestibulopathy may be suffered or contracted, or death from toxic vestibulopathy may occur, and the extent to which toxic vestibulopathy or death from toxic vestibulopathy 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 18 May 2020.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 20 / 4 / 2020 |
Overview
The Veterans' Entitlements Act 1986, enacted by the Parliament of Australia, was introduced to provide entitlements and benefits to veterans and their families, addressing the need for recognition and support for those who have served in the Australian Defence Force. The Act aims to ensure that veterans receive appropriate compensation and medical care for conditions related to their service. The Repatriation Medical Authority, under section 196G of the Act, is mandated to investigate conditions that may be war-caused, defence-caused, or related to service, with the goal of determining whether Statements of Principles should be issued for specific conditions. This legislative framework ensures that the needs of veterans are systematically assessed and addressed, providing them with the necessary support and recognition for their service.
Scope and Application
The Repatriation Medical Authority (the Authority) has issued a notice of investigation under section 196G of the Veterans' Entitlements Act 1986, aiming to ascertain whether Statements of Principles may be determined regarding toxic vestibulopathy. This investigation is confined to individuals who are eligible to make claims under Part II or Part IV of the VEA, or under section 319 of the Military Rehabilitation and Compensation Act 2004, as well as relevant organisations and experts in the field. The Authority is inviting submissions from these specific groups to aid in the investigation, which includes determining the causes and the extent to which toxic vestibulopathy may be attributable to war or service conditions. The Authority’s investigation has a Commonwealth reach and is focused on the implications for veterans and related entities. Submissions can be made electronically via the RMA website or by email, and must be received by 18 May 2020. This notice serves as an official call for input from stakeholders directly impacted by or knowledgeable about the condition in question.
Key Provisions
Under section 196G of the Veterans' Entitlements Act 1986 (VEA), the Repatriation Medical Authority (the Authority) has issued a notice of investigation (section 196G) to determine whether Statements of Principles can be established for toxic vestibulopathy. This investigation is conducted under subsection 196B(4) of the VEA. The Authority is tasked with discovering if there is any available information on how toxic vestibulopathy may be suffered, contracted, or lead to death, and the degree to which these conditions may be attributable to war, defence, or service.
Various stakeholders, including individuals eligible for pension or compensation claims under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA), organisations representing veterans or their dependants, and experts in relevant fields, are invited to submit written submissions to the Authority. Submissions can be made through the RMA website, by email, or by post, with a deadline of 18 May 2020. These submissions are crucial as they provide insights and information that the Authority will consider during the investigation. Guidance on making submissions is available on the RMA website, and the RMA Secretariat can be contacted for further assistance.
The obligations imposed by the VEA on the Authority in this context are to thoroughly investigate the potential war, defence, or service causes of toxic vestibulopathy. The Authority must evaluate available information, review submissions from relevant parties, and determine whether Statements of Principles can be established for this condition. This entails a comprehensive review of medical, scientific, and service-related evidence to ascertain the conditions under which toxic vestibulopathy may occur and its potential connection to military service.
Should any party fail to comply with the requirements set forth in the VEA, they may face civil or criminal consequences. Although the specific offences and penalties are not detailed in the notice, breaches of the obligations under the VEA could result in legal actions, fines, or other penalties as prescribed by law. The severity of the consequences would depend on the nature and extent of the breach, and the relevant provisions of the VEA and any other applicable legislation. The Authority is empowered to take appropriate actions to ensure compliance with the legislative requirements.