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 ulnar nerve entrapment at the elbow.
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 6 June 2017.
Under the VEA, the Authority is required to find out whether there is information available about how ulnar nerve entrapment at the elbow may be suffered or contracted, or death from ulnar nerve entrapment at the elbow may occur, and the extent to which ulnar nerve entrapment at the elbow or death from ulnar nerve entrapment at the elbow 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 May 2017.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 9 / 2 / 2017 |
Overview
The Repatriation Medical Authority (RMA), under section 196G of the Veterans' Entitlements Act 1986, has announced its intention to investigate the potential connection between ulnar nerve entrapment at the elbow and military service, aiming to determine whether Statements of Principle should be issued in this regard. This initiative seeks to address the gap in recognition of specific medical conditions that may have been incurred during military service. The RMA invites submissions from eligible claimants, organisations representing veterans, and experts in relevant fields to contribute to this investigation. The authority is mandated by the Act to ascertain the availability of information on the causes and prevalence of ulnar nerve entrapment at the elbow and its potential link to war-related causes, with the ultimate goal of ensuring appropriate recognition and compensation for affected veterans.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) establishes the Repatriation Medical Authority (the Authority) which is tasked with conducting investigations into various medical conditions that may affect veterans, such as ulnar nerve entrapment at the elbow. The scope of this specific investigation under section 196G of the VEA encompasses determining whether Statements of Principles should be established for ulnar nerve entrapment at the elbow, focusing on how such conditions may be suffered, contracted, or result in death, and the extent to which these conditions are war-caused, defence-caused, service injuries, service diseases, or service deaths. The Authority’s investigation is inclusive of submissions from eligible claimants under Part II or Part IV of the VEA, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, the Repatriation Commission or Military Rehabilitation and Compensation Commission, and individuals with relevant expertise. The invitation for submissions is open to any interested parties, with a deadline of 19 May 2017. This investigation is carried out under the Commonwealth jurisdiction, extending its reach across Australia to gather comprehensive insights into the specified condition affecting veterans.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) provides the framework for the Repatriation Medical Authority (the Authority) to investigate whether Statements of Principles may be determined in respect of ulnar nerve entrapment at the elbow. The Authority must determine if there is information available about how this condition may be suffered or contracted, and the extent to which it may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority is inviting submissions from various stakeholders, including individuals eligible for pension or compensation claims, organisations representing veterans and their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts in relevant fields.
The obligations imposed by the Act require those invited to submit their views to provide written submissions by 19 May 2017. Submissions must be lodged electronically via the RMA website or sent by email or post. The RMA Submission Guidelines are available online to assist with the preparation of submissions. The Authority will hold its first meeting on 6 June 2017 to discuss the findings of the investigation. Submissions should be thorough and include any relevant information or evidence that supports the claim that ulnar nerve entrapment at the elbow may be a war-caused or defence-caused condition.
The Act does not explicitly outline offences, penalties, or consequences for non-compliance with the submission requirements. However, failure to comply with the submission process may impact the outcome of the investigation and potentially affect the eligibility of veterans or their dependants for certain entitlements. The Authority may consider the submissions made and the information provided when determining whether to issue Statements of Principles regarding ulnar nerve entrapment at the elbow. It is essential for those eligible and interested parties to participate in the submission process to ensure their views are heard and considered in the investigation.