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 section 196B(7) of the VEA to review the contents of Statements of Principles concerning the following:
Condition: | Instrument Nos.: |
rheumatoid arthritis | 68 & 69 of 2008 |
personality disorder | 70 & 71 of 2008, as amended |
immune thrombocytopaenic purpura | 72 & 73 of 2008 |
alcohol use disorder | 1 & 2 of 2009, as amended |
substance use disorder | 3 & 4 of 2009, as amended |
accommodation disorder | 5 & 6 of 2009 |
thromboangiitis obliterans | 7 & 8 of 2009 |
chilblains | 9 & 10 of 2009 |
cardiac myxoma | 11 & 12 of 2009 |
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 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 each of these investigations on 11 October 2016.
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 [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 at the address below no later than 23 September 2016.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 22 / 4 /2016
Overview
The Veterans' Entitlements Act 1986, enacted by the Parliament of Australia, was designed to provide various forms of financial and medical assistance to veterans and their dependants. The Repatriation Medical Authority, established under this Act, is mandated to review the eligibility of veterans for benefits, including pensions and compensation, by examining the war-related causes of specific conditions. The authority announced in 2016 an investigation into the contents of Statements of Principles concerning several medical conditions to determine whether there is new information about how these conditions may be contracted, their potential war causation, and the extent to which they might be considered service-related. The Authority's objective is to ensure that the conditions listed, including rheumatoid arthritis, personality disorder, and substance use disorder, among others, are accurately assessed for their eligibility for veterans' benefits. This initiative aims to maintain the integrity and relevance of the legislative framework supporting veterans' entitlements.
Scope and Application
The Veterans' Entitlements Act 1986 (VEA) establishes the Repatriation Medical Authority (the Authority) to investigate various conditions that may be relevant to veterans’ entitlements. Specifically, the Authority intends to review the contents of Statements of Principles concerning specified conditions such as rheumatoid arthritis, personality disorder, immune thrombocytopaenic purpura, and others. The purpose of these investigations is to determine whether there is new information regarding the conditions' causes, whether they may be related to military service, and the extent to which these conditions or related deaths may be considered war-caused, defence-caused, or service-related injuries or diseases. The Authority invites submissions from individuals eligible to claim pensions or compensation under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependants, the Repatriation Commission or the Military Rehabilitation and Compensation Commission, and experts relevant to the investigations. Submissions must be received by the Authority by 23 September 2016, and can be made electronically, by email, or by post. The Authority’s investigations are conducted under the provisions of the VEA and any subordinate instruments that may extend or restrict the scope of these investigations.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) mandates that the Repatriation Medical Authority (the Authority) provides notice of its intention to carry out investigations (section 196B(7)). These investigations aim to review the contents of Statements of Principles concerning specific conditions, including rheumatoid arthritis, personality disorder, immune thrombocytopaenic purpura, alcohol use disorder, substance use disorder, accommodation disorder, thromboangiitis obliterans, chilblains, and cardiac myxoma. The Authority invites written submissions from various stakeholders, such as individuals eligible for claims under the VEA or the Military Rehabilitation and Compensation Act 2004, organisations representing veterans or their dependents, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and experts in relevant fields. These submissions are to be lodged no later than 23 September 2016, with the first meeting for each investigation scheduled for 11 October 2016.
The obligations imposed by the VEA on the Authority and other parties include conducting thorough investigations into whether there is new information about how the listed conditions may be suffered, contracted, or lead to death, and the extent to which these conditions or deaths may be war-caused, defence-caused, a service injury, a service disease, or a service death. Submissions must be made in writing and must comply with the RMA Submission Guidelines. The Authority may be contacted via its website, email, or postal address for further assistance in lodging submissions. The Authority is also required to consider the submissions received and use them to inform its decision-making process regarding the Statements of Principles.
Failure to comply with the requirements of the VEA, including the submission of relevant information or participation in the investigation process, may lead to various civil or criminal consequences. Although the notice does not specify the exact penalties for non-compliance, breaches of legislative requirements can generally result in fines, legal action, or other sanctions as prescribed by the relevant acts. For instance, failure to submit required information might affect the validity of claims or decisions made under the VEA. Additionally, if the Authority finds that there has been intentional or negligent disregard of its processes, this could lead to more severe consequences, potentially including criminal charges depending on the nature and extent of the breach. The maximum penalties for offences under the VEA would be determined by the severity of the breach and the specific provisions of the act that have been contravened.