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 transverse myelitis.
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 8 December 2020.
Under the VEA, the Authority is required to find out whether there is information available about how transverse myelitis may be suffered or contracted, or death from transverse myelitis may occur, and the extent to which transverse myelitis or death from transverse myelitis 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 30 November 2020.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 30 / 10 / 2020 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to address the need for a comprehensive framework to provide entitlements and benefits to veterans and their dependants. The Repatriation Medical Authority, established under this Act, plays a crucial role in determining whether certain medical conditions may be related to military service. In a recent development, the Authority announced its intention to investigate whether Statements of Principle should be determined in respect of transverse myelitis, inviting submissions from eligible individuals, organisations, and experts. The objective of this investigation is to ascertain the potential war-related, defence-related, or service-related causes of transverse myelitis and its impact on veterans. Submissions are encouraged to be made electronically, by email, or post, with a deadline of 30 November 2020. This initiative underscores the Authority's commitment to ensuring that veterans receive appropriate recognition and support for their service-related health conditions.
Scope and Application
The notice of investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) pertains to the Repatriation Medical Authority's (RMA) intention to investigate whether Statements of Principles may be determined in respect of transverse myelitis. The scope of this investigation is directed at determining the availability of information on how transverse myelitis may be suffered or contracted, the circumstances under which it may be war-caused, defence-caused, a service injury, a service disease, or a service death. This Act applies to a range of persons and organisations, including individuals eligible for pension claims under the VEA or compensation claims under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependents, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and persons with relevant expertise. The geographic and jurisdictional reach of this Act is primarily within the Commonwealth of Australia, as the RMA operates under federal law.
Submissions to the RMA for this investigation can be made by the specified groups and must be received by 30 November 2020. The RMA provides multiple channels for lodging submissions, including an online portal, email, or postal mail, and the RMA Secretariat is available for further assistance. The notice is issued by Professor Nicholas Saunders AO, the Chairperson of the RMA, and was affixed on 30 October 2020. There are no stated exclusions, exemptions, or thresholds specified within the notice itself, and the Act’s application may be further defined through subordinate instruments, such as regulations or guidelines issued by the RMA.
Key Provisions
The key provisions of the notice of investigation under section 196G of the Veterans' Entitlements Act 1986 (VEA) concern the Repatriation Medical Authority's (RMA) intent to investigate whether Statements of Principles may be determined in respect of transverse myelitis. This investigation is specifically mandated under section 196B(4) of the VEA, with the objective of determining if transverse myelitis can be considered a war-caused, defence-caused, service injury, service disease, or service death (section 196G). The RMA invites relevant parties and organisations to submit written submissions by 30 November 2020, which can be lodged electronically via the RMA website or sent by email or post. Eligible contributors include claimants under the VEA, the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts in relevant fields.
The obligations imposed by this notice on the parties are clear and precise. Claimants, representatives, and experts are mandated to submit written submissions by the specified deadline, providing information, research, and expertise pertinent to the investigation into transverse myelitis. The RMA is required to consider all submissions received by the deadline and integrate this information into its investigation process. The RMA must also ensure that all submissions are appropriately acknowledged and managed through its established submission guidelines and administrative processes.
Failure to comply with the provisions of the notice may result in civil or criminal consequences, though specific offences, penalties, or consequences are not detailed within the notice itself. The VEA and associated regulations would provide further information on potential sanctions for non-compliance. It is imperative for all parties to adhere to the stipulated timelines and submission requirements to avoid any adverse legal repercussions. The notice does not explicitly state maximum penalties, but any breach of the legislative framework could result in legal action, fines, or other penalties as determined by the relevant authorities.