Specialist Medical Review Council Notification of intention to carry out a review for malignant neoplasm of the breast

Overview

The Specialist Medical Review Council, established under the Veterans’ Entitlements Act 1986, has notified its intention to undertake a review of certain aspects of the Statements of Principles Nos. 96 and 97 of 2014 concerning malignant neoplasm of the breast. This review is being conducted to address gaps in the existing medical understanding and policy framework regarding the correlation between taking combined hormonal contraceptives and the incidence of malignant neoplasm of the breast, as identified by the Repatriation Medical Authority. The review aims to ensure that veterans and their dependants receive fair and accurate assessments of their entitlements and compensation claims, in line with the policy objectives of the Act to provide appropriate support to those who have served in the Australian Defence Force. The review process involves inviting written submissions from relevant parties, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and various other stakeholders such as individuals eligible for pension or compensation claims and organisations representing veterans and their families. These submissions are critical in informing the Council’s deliberations and ensuring a comprehensive evaluation of the available evidence. The Council will hold its initial meeting to discuss the review following the submission deadline of 22 April 2022, with further details on the hearing of oral submissions to be communicated at a later date.

Scope and Application

The Veterans' Entitlements Act 1986 (the Act) governs the review process undertaken by the Specialist Medical Review Council (the Council), as stipulated in section 196ZB. The Council, under section 196Y, has been tasked to review the contents of Statements of Principles Nos. 96 and 97 of 2014, as amended, made by the Repatriation Medical Authority (the RMA) concerning malignant neoplasm of the breast. Specifically, the review focuses on the role of combined hormonal contraceptives as a factor in malignant neoplasm of the breast. The review is intended to encompass all the information available to the RMA when it determined, amended, or last amended the Statements of Principles. This review process applies to various stakeholders, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible to claim pensions under Part II or IV of the Act, those eligible to claim 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. Submissions are invited from these entities, and must be received by 22 April 2022. The Council's first meeting post-submissions will occur after this date, with further details regarding the hearing of oral submissions to be communicated to the relevant parties.

Key Provisions

Under section 196ZB of the Veterans’ Entitlements Act 1986 (the Act), the Specialist Medical Review Council (the Council) has issued a notice that it intends to review the Statements of Principles Nos. 96 and 97 of 2014, as amended, in relation to malignant neoplasm of the breast, specifically focusing on the impact of combined hormonal contraceptives. The review, mandated under section 196W of the Act, will examine all information available to the Repatriation Medical Authority (the RMA) at the time of the determination, amendment, or most recent amendment of these statements. This review is a critical step to ensure the accuracy and comprehensiveness of the existing medical evidence and principles concerning malignant neoplasm of the breast. Various entities and individuals have been invited to make written submissions to the Council regarding this review. These include the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible to make a claim for a pension under Part II or IV of the Act, individuals eligible to make a claim 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. The deadline for written submissions is 22 April 2022. Once this date has passed, the Council will convene its first meeting for the review, with details of any oral submissions to be announced to those who have requested the review and those who have submitted written submissions. The obligations imposed by this notice are primarily on the entities and individuals invited to submit written comments. These submissions are critical for the Council to obtain a comprehensive understanding of the medical, scientific, and practical implications of the review. Submissions should be lodged with the Council Secretariat, either by mail to PO Box 965, Brisbane, QLD 4001, or via email to SMRC.Registrar@smrc.gov.au. For those needing further guidance on preparing their submissions, the Council Secretariat can be contacted at SMRC.Registrar@smrc.gov.au or through their website at www.smrc.gov.au. Failure to adhere to the stipulated deadlines or to provide accurate and relevant information may impact the review process and potentially affect the outcomes of the review. Additionally, while the Act does not explicitly outline specific penalties for non-compliance with the submission process, any perceived or actual non-compliance could lead to legal scrutiny and potential repercussions, including the possibility of being excluded from influencing the review outcomes.