SPECIALIST MEDICAL REVIEW COUNCIL
Veterans’ Entitlements Act 1986
Section 196ZB
NOTIFICATION OF AMENDED CLOSING DATE FOR
WRITTEN SUBMISSIONS
On the date shown in column 2 of the schedule below, the Specialist Medical Review Council (the Council) having been asked under section 196Y of the Veterans’ Entitlements Act 1986 (the Act) to review the contents of Statement(s) of Principles (SoPs) set out in column 3, made by the Repatriation Medical Authority (the RMA) in respect of the diseases listed in column 1, notified under section 196ZB of the Act its intention to carry out a review under section 196W of the Act, of all the information available to the RMA when it determined, amended, or last amended the Statement(s) of Principles in respect of the diseases in column 1.
The previous Gazette Notice (GN) specified in column 2 stated that the Council must receive written submissions by the dates set out in column 4.
This notice extends the period for written submissions for the disease listed below. Written submissions must be received by Friday 27 March 2015.
(Column 1) Disease | (Column 2) Previous GN | (Column 3) SoPs | (Column 4) Submission Date |
Chronic Multisymptom Illness | C2014G01435 of 28 August 2014 | Nos. 55 & 56 of 2014 | 19/12/2014 |
Gulf War Syndrome | C2014G01436 of 28 August 2014 | Decision not to determine Statements of Principles. | 19/12/2014 |
The following persons or organisations are invited to make written submissions to the Council:
- The Repatriation Commission
- The Military Rehabilitation and Compensation Commission
- A person eligible to make a claim for a pension under Part II or IV of the Act
- A person eligible to make a claim for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004; and
- An organisation representing veterans, Australian Mariners, members of the Forces, members of Peacekeeping Forces or their dependants.
For advice on the preparation of written submissions, telephone the Council Secretariat on 07 3223 8840, or via the website www.smrc.gov.au. Submissions should be lodged with the Council Secretariat, PO Box 895, Woden, ACT 2606 or SMRC.registrar@dva.gov.au
Charles Guest
Convener
Overview
The Veterans' Entitlements Act 1986 was enacted by the Parliament of Australia to provide various entitlements for veterans, including medical benefits and pensions. The Act was introduced to address the need for a comprehensive legislative framework that recognises and supports the health and welfare needs of veterans and their families. Section 196ZB of this Act, which was added to facilitate the review of Statements of Principles (SoPs) by the Specialist Medical Review Council (Council), addresses a policy objective to ensure that the medical criteria for determining veterans' entitlements are scientifically and medically sound. This legislative amendment aimed to provide a mechanism for the Council to review and amend SoPs, which are critical in determining the eligibility of veterans for various medical benefits and pensions under the Act. The Council's role in reviewing these statements ensures that they are based on the latest medical evidence and expert opinion, thereby maintaining the integrity and relevance of the entitlements provided.
Scope and Application
The Veterans’ Entitlements Act 1986, specifically section 196ZB, outlines the process by which the Specialist Medical Review Council is mandated to review Statements of Principles (SoPs) issued by the Repatriation Medical Authority. This legislation applies to a range of stakeholders including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible for pensions or compensation claims under the Act, and organisations representing veterans and their dependents. The Act's jurisdictional reach is national, extending across Australia under the Commonwealth's legislative powers. The Council's review aims to ensure that all relevant information is considered when SoPs are determined or amended. This notice extends the deadline for written submissions to the Council, inviting these entities to contribute to the review process for specific diseases such as Chronic Multisymptom Illness and Gulf War Syndrome. Submissions must be received by 27 March 2015, and guidance on preparation can be obtained through the Council’s Secretariat. The legislation provides for flexibility through subordinate instruments, allowing for the adjustment of deadlines and the inclusion of additional information sources as necessary.
Key Provisions
The Veterans’ Entitlements Act 1986 (the Act) is amended by the addition of section 196ZB (1), which allows the Specialist Medical Review Council (the Council) to notify its intention to review the contents of Statement(s) of Principles (SoPs) set out by the Repatriation Medical Authority (the RMA) in respect of specific diseases (1). This notification process is initiated under section 196Y of the Act and mandates the Council to review all the information available to the RMA when it determined, amended, or last amended the SoPs for these diseases (2). The notification extends the period for written submissions related to these diseases, specifying the new closing date for submissions as Friday, 27 March 2015 (3).
The obligations imposed by this legislation on the parties involved are clear and specific. The Council must ensure that the review process is transparent and inclusive, allowing for written submissions from relevant stakeholders (4). The RMA is required to provide all available information to the Council to facilitate this review (5). Additionally, eligible individuals and organisations, such as the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and organisations representing veterans, are invited to make written submissions to the Council (6).
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with the provisions of section 196ZB. However, the failure to meet the requirements of the review process could potentially lead to legal challenges regarding the validity of the SoPs and the decisions made based on them (7). The Council is tasked with ensuring that the review is conducted in a manner that upholds the integrity of the legislative process and the rights of the stakeholders involved (8).