SPECIALIST MEDICAL REVIEW COUNCIL
Veterans’ Entitlements Act 1986
Section 196ZB
NOTIFICATION OF INTENTION TO CARRY OUT A REVIEW 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.
The Specialist Medical Review Council (the Council) has 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 2013 concerning fibrosing interstitial lung disease and Statements of Principles 55 and 56 of 2013 concerning asbestosis all as made by the Repatriation Medical Authority (the RMA).
The Council gives notice under section 196ZB of the Act 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
the Council intends 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 Statements of Principles concerning fibrosing interstitial lung disease and asbestosis.
As the applications for review raise the same contentions in respect of Statements of Principles Nos. 53 and 54 of 2013 concerning fibrosing interstitial lung disease and Statements of Principles Nos. 55 and 56 of 2013 concerning asbestosis, the Council's present intention, in the event both reviews proceed, is to constitute a Review Council which will conduct the reviews into the contents of all these Statements of Principles concurrently.
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.
Subject to the expiration of the disallowance period and if the Statements of Principles are not disallowed, the Council anticipates:
(a) requiring the receipt of written submissions by 21 March 2014
(b)holding its first meeting for the purposes of this review after 21 March 2014. In that event, the location, date and time of any meeting for the hearing of oral submissions complementing written submissions will be advised to the persons/organisations that have asked for the review under section 196Y of the Act and those persons and organisations that make written submissions.
For advice on the preparation of written submissions telephone the Council Secretariat on 07 3223 8440, or via the website www.smrc.gov.au . Submissions should be lodged with the Council Secretariat, PO Box 895, Woden, ACT 2606.
Charles Guest
Convener