Who can request a review of a SoP by the SMRC?
Section 196Y VEA Request for review of contents of SoP
Section 196Z VEA Request for review of decision of RMA not to carry out an investigation
A formal decision made by the RMA on a SoP can be reviewed by the SMRC. The application for review must be lodged within three months of that decision being made, and must be on a form approved by the SMRC. A review of a SoP by the SMRC may be sought by:
- the [glossary:Commission:][glossary:,:]
- a person eligible to make a claim for a pension under Part II or Part IV of the VEA, or
- an organisation representing veterans, Australian mariners, members of the Forces, members of the [glossary:Peacekeeping Forces:] or their dependants.
On what basis can a review by the SMRC be sought?
Section 196Y VEA Request for review of contents of SoP
Section 196Z VEA Request for review of decision of RMA not to carry out an investigation
A review by the SMRC can be sought on the basis that:
- A SoP is wrong or contains incorrect information, or
- The RMA has refused to investigate a SoP, or
- The RMA has made a decision not to issue a SoP.
A request for a review must state on what grounds the request is being made.
What information can the SMRC consider?
In determining, reviewing or deciding not to issue an SoP regarding a particular medical condition, the RMA may rely only on sound medical-scientific evidence that has been submitted to it or that it has obtained on its own initiative from the Secretary or a consultant. The SMRC is required to review all the information that was available to the RMA when it determined a SoP or chose not to issue a SoP in respect of a medical condition. This means that the RMA must send to the SMRC a copy of all the information that was available to it when it determined, or amended, the SoPs. The intention is that the SMRC reviews the information to determine whether or not the contents of the SoP reflects the sound medical-scientific evidence contained in that information. The SMRC must review all information available to the RMA. The SMRC must review all the information prtaken the view that this includes taking into account submissions that explain, analyse or comment on the information that was before the RMA.
Oral and written submissions by experts
Section 196ZA VEA Submissions to Review Council
Section 5AB VEA - Definition of sound medical-scientific evidence
Submissions made to the SMRC in the context of a review of a SoP must be in writing. Where the person or body making the submission appears before the SMRC, they may make an oral submission to complement the written submission. Submissions can be about any information that was available to the RMA and is relevant to the SMRC's review. A person having expertise in a field relevant to the investigation may make a submission in writing to the Review Council on any relevant information pertaining to that field.
Payments for submissions, reports and witnesses for purpose of review
Section 196ZN VEA Medical expenses
Section 196ZO VEA Travelling expenses for obtaining medical evidence
Section 196ZP VEA Advance of travelling expenses
There are provisions relating to payment of medical and travelling expenses to assist applicants to obtain relevant documentary medical evidence. Payment relates to the obtaining of medical reports and submissions from relevant medical-scientific experts that explain, analyse or comment upon the information that was available to the RMA. Application, approval and payment is a function of the Repatriation Commission not the SMRC.
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