Investigation and Review of Statements of Principles by the RMA

Can the RMA change its decision on a SOP?

There is new research in medicine all the time and the RMA keeps its SoPs as up to date as possible. This means that sometimes research reveals new factors. New factors can then be added. Sometimes new research shows that what was once thought to be a possible cause is not. That factor can be removed, or the SoP can be revoked. The RMA is able to investigate requests for new SoPs or changes to existing SoPs either formally or informally, or can investigate changes on its own initiative.     

Who can request a formal review of a SoP?

The following people may request a formal review of a SoP:

• the Commission,
• a person eligible to make a claim for pension under Part II VEA or Part IV  of the [glossary:VEA,:] or
• any organisation representing veterans, Australian mariners, members of Peacekeeping Forces  or their dependants.

Request for an informal review of a SoP

A veteran or their representative may request an informal review of a SoP's contents by writing a letter to DVA or the RMA. This request may be in the light of a medical opinion or a medical article that they feel runs contrary to the SoP. There are no time limits imposed on the informal review. An informal decision by the RMA cannot be taken further to the Specialist Medical Review Council [glossary:(:]SMRC[glossary:):] for review.     

Request for a formal review of a SoP

A formal request for a review of a SoP must be made on a form and lodged with the Department. In these circumstances, the RMA must conduct a review unless it has conducted a formal review of the same matter within the past twelve months, or if the RMA decides not to carry out the investigation under section 196CA of the VEA. The applicant may make a submission in writing to the RMA on any matter (other than a legal matter) relevant to the review. If, at the end of the review, the RMA declines to amend the SoP, it must provide reasons for its decision in writing. The SMRC can review a formal decision made by the RMA.     

On what basis can a formal review of a SoP be requested?

A person or organisation requesting a formal review may ask the RMA to:

• carry out an investigation to determine whether a SoP can be made in respect of a particular disease, injury or death,
• review a previous decision not to make a SoP in respect of a particular disease, injury or death, or
• review the contents of an existing SoP.

Powers of the RMA to investigate

The RMA may not carry out any new research or experimentation for the purpose of an investigation. The RMA may ask the Secretary to:

• forward any information relating to the kind of injury, disease or death under investigation;

• in the possession of the Secretary, or
• that the Secretary may obtain, or

• carry out research or experimentation to obtain, confirm, or disprove, specific information about that kind of injury, disease or death.