SPECIALIST MEDICAL REVIEW COUNCIL
Veterans’ Entitlements Act 1986
Section 196ZB
NOTIFICATION OF REVIEW AND EXTENSION OF SUBMISSION DATE
On 10 June 2016, the Specialist Medical Review Council (the Council) having been asked under section 196Y of the Veterans’ Entitlements Act 1986 (the Act) to review some of the contents of Statements of Principles Nos. 25 and 26 of 2016 made by the Repatriation Medical Authority (the RMA) in respect Lyme disease, notified, under section 196ZB of the Act its intention to carry out a review of the information about Lyme disease available to the Repatriation Medical Authority (the RMA) when it determined, amended, or last amended the Statements of Principles.
The previous Gazette Notice (No C2015G01532 of 10 June 2016) stated that subject to:
(a) the expiration of the period within which the Statements of Principles may be disallowed under section 42 of the Legislative Instruments Act 2003; and
(b) the Statements of Principles not being disallowed,
written submissions must be received by the Council by 1 August 2016.
This Notice confirms that the expiration of the period within which the Statements of Principles may be disallowed under section 42 of the Legislative Instruments Act 2003 has past, and that the Statements of Principles have not been disallowed. It also extends the period available for persons and organisations to make written submissions.
Written submissions must be received by 5pm on Friday 4 November.
The Council is giving notice of these potential reviews so that the following eligible persons and organisations:
(a) are aware that the applications for review have been made, and
(b) may, should they so wish, prepare to make written submissions to the Council, while being aware that the disallowance period has not yet passed:
- 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.
The Council anticipates holding its first meeting for the purposes of this review in November 2016.
In that event, the persons/organisations that have asked for the review under section 196Y of the Act and those persons and organisations that make written submissions the location will be advised of the date and time of any meeting for the hearing of oral submissions complementing written submissions.
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 965, Brisbane, QLD 4001.
Overview
The Veterans’ Entitlements Act 1986, enacted by the Australian Parliament, aims to provide a comprehensive framework for the entitlements of veterans, including the provision for medical reviews of certain health-related statements. This legislation addresses the need for ongoing review and potential updates to medical statements to ensure they remain accurate and relevant. In this context, the Specialist Medical Review Council was established to oversee and conduct these reviews, ensuring that the health-related decisions and statements reflect the most current medical understanding. The Council's review of Statements of Principles concerning Lyme disease, as notified in Gazette Notice C2016G01255, highlights the continuous effort to align veterans' health entitlements with the latest medical evidence. The objective is to provide a fair and informed basis for any claims related to veterans' health conditions, thereby supporting the well-being of those who have served in the Australian Defence Force.
Scope and Application
The Specialist Medical Review Council, under section 196ZB of the Veterans’ Entitlements Act 1986, has notified its intention to review the contents of Statements of Principles Nos. 25 and 26 concerning Lyme disease. This review aims to assess the information available to the Repatriation Medical Authority when it determined, amended, or last amended the Statements of Principles. The Council's review extends to eligible persons and organisations, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible for pension claims under Part II or IV of the Act, individuals eligible for compensation claims under the Military Rehabilitation and Compensation Act 2004, and organisations representing veterans and other specified groups. The review is open to written submissions, which must be received by 5 pm on Friday, 4 November. This notification ensures that interested parties are aware of the review and have an opportunity to provide their submissions. The review is conducted within the Commonwealth jurisdiction and is subject to the disallowance period outlined in the Legislative Instruments Act 2003, which has expired without the Statements of Principles being disallowed.
Key Provisions
The main operative sections of the Gazette Notice (No C2016G01255) are sections 196ZB and 42, under the Veterans' Entitlements Act 1986. Section 196ZB provides the Specialist Medical Review Council (the Council) the authority to review the Statements of Principles made by the Repatriation Medical Authority (the RMA) concerning Lyme disease, following applications for review under section 196Y. Section 42 of the Legislative Instruments Act 2003 details the disallowance period for legislative instruments, which has now expired as confirmed in the Notice. The Notice informs that the period for submitting written submissions to the Council has been extended to 5pm on Friday, 4 November, giving eligible persons and organisations more time to prepare and lodge their submissions.
The Act imposes several obligations and requirements on the parties involved. Firstly, the Council is required to notify eligible persons and organisations of the review applications and the extension of the submission date. This notification ensures transparency and provides an opportunity for interested parties to participate in the review process by submitting written submissions. Secondly, the eligible persons and organisations, including the Repatriation Commission, Military Rehabilitation and Compensation Commission, individuals eligible for pensions or compensation, and organisations representing veterans or their dependants, are required to submit their written submissions by the specified deadline. These submissions should be lodged with the Council Secretariat at the provided address or via the Council's website.
The Gazette Notice outlines several consequences for breach of the provisions set out in the Act. While the Notice does not explicitly detail specific offences or penalties, it is understood that failure to comply with the requirements for submission deadlines and procedural obligations could lead to legal consequences. Such consequences might include the disallowance of submissions that do not adhere to the prescribed guidelines or other administrative actions taken by the Council. The Notice does not state maximum penalties but implies that adherence to the specified timelines and procedures is critical to avoid potential repercussions.