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 xerostomia.
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 7 August 2018.
Under the VEA, the Authority is required to find out whether there is information available about how xerostomia may be suffered or contracted, or death from xerostomia may occur, and the extent to which xerostomia or death from xerostomia 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 20 July 2018.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 2 / 3 / 2018 |
Overview
The Veterans' Entitlements Act 1986, enacted in 1986, addresses various entitlements for veterans and their dependants, including pensions, compensation, and medical services. This legislation was introduced to provide a comprehensive framework for addressing the needs of veterans and their families, ensuring that they receive appropriate support and recognition for their service. The Repatriation Medical Authority, operating under the authority of this Act, has identified a gap in the current Statements of Principles regarding xerostomia and is conducting an investigation to determine whether these principles should be expanded to cover this condition. The policy objective of this investigation is to ascertain if xerostomia can be considered a war-caused, defence-caused, service injury, service disease, or service death, thus ensuring that affected veterans receive the necessary entitlements and support.
Scope and Application
The Repatriation Medical Authority (RMA) has announced its intention to conduct an investigation into xerostomia under section 196G of the Veterans' Entitlements Act 1986 (VEA). The investigation aims to determine if Statements of Principle may be established concerning xerostomia, focusing on whether it can be considered a war-caused, defence-caused, service injury, service disease, or service death. The notice invites various stakeholders, including eligible veterans and their representatives, relevant commissions, and experts in the field, to submit written evidence by 20 July 2018. Submissions can be made electronically via the RMA website, by email, or by post, with guidelines available for reference. This investigation underscores the Authority's commitment to thoroughly examining the implications of xerostomia for veterans' entitlements and ensuring that all relevant information is considered in the decision-making process.
Key Provisions
Section 196G of the Veterans' Entitlements Act 1986 (VEA) details the Repatriation Medical Authority's (the Authority) intention to conduct an investigation into whether Statements of Principles may be determined in respect of xerostomia. This investigation is mandated under subsection 196B(4) of the VEA, which seeks to ascertain the potential causes, including war-caused, defence-caused, service injury, service disease, or service death, related to xerostomia. Eligible parties and organisations, including those eligible to claim under the VEA or Military Rehabilitation and Compensation Act 2004 (MRCA), veterans' organisations, and experts in relevant fields, are invited to submit written statements by 20 July 2018. Submissions can be made electronically via the RMA website, by email, or by post, with guidelines available online.
The obligations imposed by this Act on the entities and individuals it governs include the requirement to submit written submissions by the specified date. Eligible persons and organisations, such as veterans, representatives of veterans' groups, the Repatriation Commission, and experts in relevant fields, are obligated to contribute their insights and information on the matter of xerostomia. The Authority has also scheduled its first meeting for this investigation on 7 August 2018, underscoring the structured approach to gathering and evaluating submissions.
The Act does not explicitly state any offences or penalties for non-compliance with the submission requirements. However, the significance of the submissions in determining whether xerostomia warrants a Statement of Principles suggests that failing to submit timely and relevant information could indirectly impact the outcomes of the investigation. The absence of specific penalties in the text implies that the primary consequence of non-compliance would be the exclusion of potentially critical information from the investigation, potentially affecting the determination of veterans' entitlements related to xerostomia.