Specialist Medical Review Council: Notification of Review and Extension of submission date - fibrosing interstitial lung disease and asbestosis

Overview

The Veterans’ Entitlements Act 1986 was enacted to provide for the payment of pensions and other benefits to veterans and their dependants. The Act was introduced to address gaps in the provision of adequate financial support and medical benefits to veterans and their families. The Specialist Medical Review Council, established under the Act, was tasked with reviewing and assessing the medical conditions of veterans to determine eligibility for benefits. The policy objective of the Act is to ensure that veterans receive fair and timely compensation for disabilities and injuries sustained during their service. On 28 November 2013, the Specialist Medical Review Council notified its intention to review Statements of Principles concerning fibrosing interstitial lung disease and asbestosis, as per section 196ZB of the Veterans’ Entitlements Act 1986. This review was prompted by submissions made under section 196Y of the Act. The Council extended the period for written submissions to 30 April 2014, allowing stakeholders such as the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and eligible individuals and organisations to provide input. The Council aims to ensure that its review process is thorough and inclusive, reflecting the need for accurate and comprehensive medical assessments in the determination of veterans' entitlements.

Scope and Application

The Specialist Medical Review Council (the Council) under the Veterans’ Entitlements Act 1986 has issued a notification concerning its intention to review the contents of Statements of Principles Nos. 53 and 54 of 2013 about fibrosing interstitial lung disease and Statements of Principles Nos. 55 and 56 of 2013 about asbestosis. This review is aimed at assessing the information available to the Repatriation Medical Authority when it determined, amended, or last amended these statements. The Council invites submissions from specific entities and individuals, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible to claim pensions or compensation, and organisations representing veterans or their dependants. The review is subject to Commonwealth jurisdiction, and the Council’s invitation extends to any party who can substantiate a relevant interest in the review process. The deadline for written submissions has been extended to 5 pm on Wednesday, 30 April 2014, after the disallowance period under the Legislative Instruments Act 2003 has expired, and the statements have not been disallowed. This review process allows for both written and oral submissions, with the opportunity for oral submissions at a meeting date to be determined by the Council.

Key Provisions

The main operative sections of this legislation are sections 196Y and 196ZB of the Veterans’ Entitlements Act 1986, which empower the Specialist Medical Review Council (the Council) to review Statements of Principles concerning fibrosing interstitial lung disease and asbestosis. This review was initiated after the Council was asked to undertake the review under section 196Y of the Act. Under section 196ZB of the Act, the Council has notified its intention to review the information available to the Repatriation Medical Authority (the RMA) when it determined, amended, or last amended the Statements of Principles. The Council has also extended the period for written submissions to 5 pm on Wednesday 30 April 2014, as confirmed in the previous Gazette Notice (No C2013G01768 of 28/11/2013). The Council invites specific parties and entities to make written submissions, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible to make claims under the Act, organisations representing certain groups, and others. These submissions are to be made within the extended timeframe and may be complemented by oral submissions at a meeting to be held after 30 April 2014. The Council provides contact details for advice on the preparation and submission of these written submissions, including a telephone number and a website. The obligations imposed by this legislation are primarily directed at the Council, requiring it to notify its intention to review the specified Statements of Principles and to extend the submission period for interested parties. The Council must also inform those who requested the review and those who submit written submissions of any meeting for the hearing of oral submissions. For the individuals and organisations invited to submit written and possibly oral submissions, the obligation is to provide these submissions by the specified deadline. Failure to adhere to these timelines and requirements may result in their submissions not being considered in the review process. In terms of potential consequences for breach, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for failing to comply with the obligations set forth. However, it is implicit that not meeting the deadlines for submissions or not adhering to the procedures for review could result in submissions being disregarded, potentially impacting the outcomes of the review process. There are no stated maximum penalties in the provided text, but non-compliance could affect the fairness and thoroughness of the review.