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
Overview
The Specialist Medical Review Council (SMR Council), established under the Veterans’ Entitlements Act 1986, has announced its intention to review the 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, as made by the Repatriation Medical Authority. This review is a response to applications made under section 196Y of the Act, with the Council notifying relevant parties of its intention to undertake the review subject to the expiration of the disallowance period under the Legislative Instruments Act 2003 and the non-disallowance of the Statements of Principles. The notice aims to inform eligible persons and organisations, including the Repatriation Commission and the Military Rehabilitation and Compensation Commission, of the pending reviews and invite them to make written submissions by 21 March 2014. This notification process is critical for ensuring transparency and allowing interested parties to prepare and contribute to the review, thereby facilitating informed decisions about veterans' entitlements.
Scope and Application
The Veterans’ Entitlements Act 1986 establishes the Specialist Medical Review Council, which has been tasked with reviewing specific Statements of Principles concerning fibrosing interstitial lung disease and asbestosis. This review pertains to the information available to the Repatriation Medical Authority when it determined, amended, or last amended these Statements of Principles. The review process is contingent upon the expiration of the disallowance period under section 42 of the Legislative Instruments Act 2003 and the non-disallowance of the Statements of Principles. The Council’s notice aims to inform relevant parties, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible for pensions or compensation claims, and organisations representing veterans or their dependants, of the impending review and invites them to submit written submissions by 21 March 2014. If the review proceeds, the Council plans to convene its first meeting post this date and will communicate details of any subsequent hearings for oral submissions to interested parties.
Key Provisions
The Veterans' Entitlements Act 1986 (the Act), as amended, mandates that the Specialist Medical Review Council (the Council) provide notification when it intends to review certain Statements of Principles (SoPs) concerning specific medical conditions. This is done under section 196ZB of the Act, as seen in the Gazetted legislation C2013G01768. The Council intends to review SoPs Nos. 53 and 54 of 2013 concerning fibrosing interstitial lung disease and SoPs Nos. 55 and 56 of 2013 concerning asbestosis, both issued by the Repatriation Medical Authority (the RMA). This review is set to occur after the disallowance period has expired and the SoPs have not been disallowed, as stipulated in section 42 of the Legislative Instruments Act 2003.
The primary obligations imposed by the Act on the Council include notifying relevant parties and allowing them to prepare submissions. These parties include the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible to claim pensions or compensation, and organisations representing veterans and their dependants. The Council is required to inform these parties of the review intention and provide them an opportunity to submit written statements by 21 March 2014, with the first review meeting to be held thereafter. The Council will also communicate details of any oral submissions hearings to those who have requested the review and those who submit written statements.
Failure to comply with the statutory requirements and timelines set forth in the Act may result in legal consequences. The Act does not explicitly state penalties for non-compliance in this specific context, but general principles of administrative law may apply, including judicial review for procedural unfairness or breaches of natural justice. Additionally, the Council may face civil or administrative penalties for not adhering to the legislative requirements in conducting its reviews.
In summary, the key provisions of the Act require the Council to notify eligible parties of its intention to review specific SoPs, allow for written submissions, and hold review meetings post the disallowance period. The Council’s failure to adhere to these requirements could lead to legal scrutiny and potential penalties, reinforcing the importance of compliance with the legislative framework.