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 investigations under subsection 196B(7) of the VEA to review the contents of Statements of Principles concerning the following:
Condition: | Instrument Nos.: |
psoriasis | 31 of 2012, as amended, & 32 of 2012 |
tinnitus | 33 & 34 of 2012, as amended |
otitic barotrauma | 35 & 36 of 2012 |
carotid arterial disease | 37 & 38 of 2012, as amended |
malignant neoplasm of the cervix | 39 & 40 of 2012 |
endometriosis | 41 & 42 of 2012 |
porphyria cutanea tarda | 43 & 44 of 2012 |
pes planus | 45 & 46 of 2012 |
physical injury due to munitions discharge | 48 & 49 of 2012 |
aplastic anaemia | 50 & 51 of 2012 |
mesangial IgA glomerulonephritis | 52 & 53 of 2012 |
deep vein thrombosis | 54 & 55 of 2012 |
pulmonary thromboembolism | 56 & 57 of 2012 |
otitis externa | 58 & 59 of 2012 |
asthma | 60 & 61 of 2012 |
The Authority invites the following persons and organisations to make written submissions to the Authority in respect of any of the investigations:
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 each of these investigations in February 2020.
Under the VEA, the Authority is required to find out whether there is new information available about how the above listed conditions may be suffered or contracted, or death from the above listed conditions may occur; and the extent to which the above listed conditions or death from the above listed conditions 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 24 January 2020.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 18 / 10 / 2019 |
Overview
The Veterans' Entitlements Act 1986 (VEA) was enacted to provide various forms of compensation and support for veterans and their families. It was introduced to address gaps in support for individuals who have served in the defence forces and their families, ensuring they receive the benefits and medical care they are entitled to. The Act was passed by the Australian Parliament with the objective of recognising and compensating the sacrifices and hardships faced by veterans and their families. The Repatriation Medical Authority, acting under section 196G of the VEA, has announced investigations into the contents of Statements of Principles concerning several medical conditions affecting veterans. The aim is to determine whether there is new information about how these conditions may be contracted or caused by service, and to what extent these conditions or related deaths may be attributable to war or service. This process invites submissions from relevant stakeholders, including veterans, organisations, and experts, to contribute to the review and ensure comprehensive consideration of the latest medical and service-related evidence.
Scope and Application
The Repatriation Medical Authority, under section 196G of the Veterans' Entitlements Act 1986, intends to investigate and review the contents of Statements of Principles concerning various medical conditions experienced by veterans. This includes conditions such as psoriasis, tinnitus, otitic barotrauma, and others as specified in the notice. The scope of this investigation applies to individuals eligible for pension claims under Part II or Part IV of the Veterans' Entitlements Act, those eligible for compensation claims under the Military Rehabilitation and Compensation Act 2004, organisations representing veterans and their dependants, and experts in relevant fields. The objective is to ascertain whether there is new information regarding the conditions listed, their causes, and whether they may be categorised as war-caused, defence-caused, a service injury, a service disease, or a service death. Submissions are invited from the specified entities and can be lodged electronically, by email, or by post, with a deadline of 24 January 2020. The Authority's jurisdiction extends nationally, as per the requirements outlined in the Veterans' Entitlements Act 1986.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) outlines the process for the Repatriation Medical Authority (the Authority) to investigate various medical conditions listed in Statements of Principle. These investigations are intended to review the conditions' war-causation, defence-causation, or service-related nature. The Authority will be investigating psoriasis, tinnitus, otitic barotrauma, carotid arterial disease, malignant neoplasm of the cervix, endometriosis, porphyria cutanea tarda, pes planus, physical injury due to munitions discharge, aplastic anaemia, mesangial IgA glomerulonephritis, deep vein thrombosis, pulmonary thromboembolism, otitis externa, and asthma. Submissions are invited from eligible individuals, organisations, and experts, and must be submitted by 24 January 2020. Submissions can be made electronically through the RMA website, by email, or by post.
The obligations under the VEA require the Authority to determine if there is new information about the conditions' causation or occurrence, and to assess the extent to which these conditions or deaths from these conditions may be war-caused, defence-caused, a service injury, a service disease, or a service death. The Authority will convene meetings in February 2020 to discuss these investigations. Those eligible to participate in these investigations include individuals eligible for pension or compensation claims, organisations representing veterans or members of the armed forces, and experts in relevant fields. Submissions should be made in writing and in accordance with the guidelines available on the RMA website. The Authority provides contact information for further assistance.
Failure to comply with the provisions of the VEA may result in consequences. While the VEA does not explicitly state offences or penalties for non-compliance with the notice of investigation, it is important to note that the Authority's investigations are mandated by law, and any information provided must be accurate and truthful. Non-compliance could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for such breaches are not explicitly stated in the notice, but they could range from fines to imprisonment, depending on the specific circumstances and applicable laws.
The Repatriation Medical Authority, under the leadership of Professor Nicholas Saunders AO, is responsible for ensuring that the investigations are carried out in accordance with the VEA. The Authority affixes its Common Seal to the notice, signifying its official status and intent to proceed with the investigations. All submissions and communications should be directed to the RMA Secretariat, which can be contacted via the website, email, or postal address provided in the notice. The Authority's commitment to transparency and public engagement is evident in the invitation for written submissions from various stakeholders, ensuring that the investigations are informed by a wide range of perspectives and expertise.