SPECIALIST MEDICAL REVIEW COUNCIL
Veterans’ Entitlements Act 1986
Section 196ZB
NOTIFICATION OF AMENDED CLOSING DATE FOR
WRITTEN SUBMISSIONS
The previous Gazette Notice C2014G01406 of 25 August 2014 stated that having been asked under section 196Y of the Veterans’ Entitlements Act 1986 (the Act) to review the contents of Statements of Principles Nos. 53 and 54 of 2014 made by the Repatriation Medical Authority (the RMA) in respect to Malignant Neoplasm of the Prostate. The Council notified, under section 196ZB of the Act its intention to carry out a review of the information all the information available to the RMA when it determined, amended or last amended Statements of Principles Nos. 53 and 54 of 2014 in respect to "smoking cigarettes, or the equivalent thereof in other tobacco products", specifically:
the possible amendment of the existing factor at clause 6(e) in Statement of Principles 53 of 2014 and/or the inclusion of new factors in the above Statements of Principles in the same or similar terms as the factors at clause 2(A) and 2(B) in Statement of Principles 77 of 2012, amending Statement of Principles 28 of 2005; and at clause 2(A) in Statement of Principles 78 of 2012, amending Statement of Principles 29 of 2005.
The previous Gazette Notice (C2014G01406 of 25 August 2014) stated that written submissions must be received by the Council by 28 November 2014. This Notice extends the period of time available to persons and organisations to make written submissions.
Written submissions must be received by 5.00pm on Friday 3 April 2015
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 Secretariat on 07 3223 8420, or see the website www.smrc.gov.au. Send submissions to the SMRC Secretariat, PO Box 895, Woden, ACT 2606.
Charles Guest
Convener
Overview
The Veterans’ Entitlements Act 1986 (the Act) was enacted to provide for the payment of pensions and other benefits to veterans and their dependants, addressing the need for adequate support for those who have served in the Australian Defence Force. The Act is administered by the Commonwealth of Australia Parliament and aims to ensure that veterans receive appropriate recognition and compensation for their service. The Specialist Medical Review Council, established under the Act, plays a critical role in reviewing and advising on medical matters related to veterans' entitlements. In response to a request under section 196Y of the Act, the Council notified its intention to review Statements of Principles Nos. 53 and 54 of 2014 concerning Malignant Neoplasm of the Prostate, specifically focusing on the impact of smoking on the condition, and extended the deadline for written submissions to facilitate broader input from relevant stakeholders.
Scope and Application
The Veterans’ Entitlements Act 1986, specifically through the Special Medical Review Council (SMRC) and as referenced in Section 196ZB, pertains to the review of Statements of Principles related to veterans' entitlements, particularly focusing on the potential amendment of existing factors in Statements of Principles Nos. 53 and 54 of 2014 concerning Malignant Neoplasm of the Prostate. The Act applies to various stakeholders including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible for pension claims under Parts II or IV of the Act, those eligible for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004, and organisations representing veterans, Australian Mariners, members of the Forces, members of Peacekeeping Forces, or their dependants. This legislation has a Commonwealth jurisdictional reach, extending its application across Australia. The scope of the Act is further detailed and potentially extended through subordinate instruments, which may specify additional entities or modify the application criteria. There are no stated exclusions or exemptions in the provided text, but the application is limited to those explicitly mentioned who are invited to make written submissions.
Key Provisions
The Specialist Medical Review Council (SMRC) under the Veterans' Entitlements Act 1986 (section 196ZB) has extended the period for written submissions on the review of Statements of Principles Nos. 53 and 54 of 2014 concerning Malignant Neoplasm of the Prostate and the possible links with smoking cigarettes or equivalent tobacco products. Originally, submissions were due by 28 November 2014, but this has been extended to 5:00 pm on Friday, 3 April 2015. This extension allows additional time for stakeholders to provide their views and information, which will be crucial for the Council's review process. The SMRC is inviting submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible for pensions or compensation claims, and organisations representing veterans and other specified groups.
The obligations imposed by this Act and the subsequent Gazette Notice (C2014G01772) require specific entities and individuals to submit their written observations and evidence by the new deadline. The Repatriation Commission and the Military Rehabilitation and Compensation Commission must provide their expert opinions and relevant data. Individuals eligible for pensions or compensation claims, as well as organisations representing veterans and other eligible groups, are also encouraged to submit their written submissions. This requirement ensures that the review process is comprehensive and considers multiple perspectives, including those of the affected veterans and relevant government bodies.
Failure to comply with the provisions of this Act and the Gazette Notice could result in missed opportunities to influence the review process and potentially impact the outcomes for affected individuals. However, the Act itself does not explicitly state specific offences, penalties, or consequences for non-compliance with submission deadlines. The primary focus appears to be on facilitating thorough and informed decision-making by the SMRC rather than penalising non-submissions. The consequences of not submitting written submissions by the new deadline are likely limited to the exclusion of the submitter's views from the review process, which could have implications for the final determinations made by the SMRC.