SPECIALIST MEDICAL REVIEW COUNCIL
Veterans’ Entitlements Act 1986
Section 196ZB
NOTIFICATION OF INTENTION TO CARRY OUT A REVIEW
The Specialist Medical Review Council (the Council) has been asked under section 196Y of the Veterans’ Entitlements Act 1986 (the Act) to review some of the contents of Statement 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 gives notice under section 196ZB of the Act that it 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 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 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.
Written submissions must be received by 28 November 2014.
The Council will hold its first meeting for the purposes of this review after 28 November 2014. The location, date and time of the 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 8420, or via the website www.smrc.gov.au. Submissions should be lodged with the Council Secretariat, PO Box 895, Woden, ACT 2606 or SMRC.registrar@dva.gov.au
Charles Guest
Convener
Overview
The Specialist Medical Review Council has been directed by the Veterans' Entitlements Act 1986 to review certain aspects of Statements of Principles Nos. 53 and 54 of 2014, which were made by the Repatriation Medical Authority regarding Malignant Neoplasm of the Prostate. This review, mandated under section 196W of the Act, aims to address potential amendments to the existing factors outlined in these statements, particularly those concerning smoking cigarettes or equivalent tobacco products. The review was initiated to ensure that the information available to the Repatriation Medical Authority when it last amended the statements is thoroughly examined and that any necessary adjustments are made to reflect the most current and accurate medical understanding. The Council has issued a notice under section 196ZB, inviting relevant stakeholders, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, eligible claimants, and organisations representing veterans and their dependants, to submit written comments by 28 November 2014. These submissions will be considered during the review process, with the first meeting scheduled to occur after the submission deadline. The Council aims to ensure that the review process is transparent and inclusive, reflecting the needs and insights of all relevant parties.
Scope and Application
The Specialist Medical Review Council (the Council) under section 196ZB of the Veterans’ Entitlements Act 1986 (the Act) has announced its intention to review aspects of Statement of Principles Nos. 53 and 54 of 2014 concerning Malignant Neoplasm of the Prostate. The Council, tasked with this review, invites submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible for pensions or compensation claims, and organisations representing veterans and their dependents. These submissions are essential for the review process, which will focus on potential amendments to existing factors in Statement of Principles 53 and the incorporation of new factors similar to those in Statements of Principles 77 and 78. The review aims to ensure the accuracy and comprehensiveness of the criteria affecting veterans' entitlements regarding smoking and prostate cancer. The geographic scope of this review is national, applying across Australia, as mandated by the Commonwealth under the Veterans’ Entitlements Act 1986. The Council will convene its first meeting following the submission deadline of 28 November 2014 to commence the review process. The specific location, date, and time of the meeting for oral submissions will be communicated to the relevant parties thereafter.
Key Provisions
Under the Veterans’ Entitlements Act 1986 (the Act), the Specialist Medical Review Council (the Council) is required to review certain Statements of Principles (SoP) in relation to Malignant Neoplasm of the Prostate (section 196W). This review, initiated under section 196Y, focuses on the potential amendment of existing factors and the inclusion of new factors, particularly regarding smoking cigarettes or equivalent tobacco products (section 196ZB). Specifically, the Council seeks to revise clause 6(e) in Statement of Principles No. 53 of 2014 and possibly introduce new factors similar to those found in Statements of Principles Nos. 77 and 78 of 2012.
The Act imposes certain obligations on various parties and entities, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and individuals eligible to make claims under the Act. These entities and individuals are invited to make written submissions to the Council by 28 November 2014. Submissions can be lodged by post to PO Box 895, Woden, ACT 2606, or emailed to SMRC.registrar@dva.gov.au. The Council will also provide information regarding the preparation of these submissions through its website (www.smrc.gov.au) or by telephone at 07 3223 8420.
Failure to comply with the requirements set out in the Act may result in various legal consequences. Although the Act does not explicitly state the penalties for non-compliance in this specific context, general provisions under the Act could lead to administrative or legal actions for those who fail to adhere to the submission deadlines or other stipulated obligations. The potential repercussions could include challenges to the validity of claims or decisions made in the absence of required submissions, impacting the fairness and effectiveness of the review process.
The Council will convene its first meeting post 28 November 2014, at which point the location, date, and time for hearing oral submissions will be communicated to the entities and individuals that have requested the review and those who have submitted written statements. This ensures that all parties have the opportunity to present their views and contribute to the review process, thereby maintaining transparency and inclusivity in the Council's decision-making.
In conclusion, the provisions of the Veterans’ Entitlements Act 1986 as outlined in the Gazette (C2014G01406) mandate a comprehensive review by the Specialist Medical Review Council of certain Statements of Principles concerning Malignant Neoplasm of the Prostate. The obligations imposed on relevant parties include timely submission of written statements, while the potential consequences of non-compliance could affect the integrity and outcomes of the review. The Council's meeting post 28 November 2014 will provide a platform for further engagement and deliberation on this matter.