VEA → [2]
VEA → [3]
A formal decision made by the RMA [4] on a SoP [4] can be reviewed by the SMRC [4]. 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:
VEA → [8]
A review by the SMRC can be sought on the basis that:
A request for a review must state on what grounds the request is being made.
VEA → [9]
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 [4] 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.
VEA → [10]
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.
VEA → [11]
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.
9/05/01 — Page 1
Section 196Y [14] VEA Request for review of contents of SoP
Section 196Z [15] VEA Request for review of decision of RMA not to carry out an investigation
Section 196Y [14] VEA Request for review of contents of SoP
Section 196Z [15] VEA Request for review of decision of RMA not to carry out an investigation
Section 196ZA [23] VEA Submissions to Review Council
Section 5AB [24] VEA - Definition of sound medical-scientific evidence
Section 196ZN [26] VEA Medical expenses
Section 196ZO [27] VEA Travelling expenses for obtaining medical evidence
Section 196ZP [28] VEA Advance of travelling expenses
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
Statement of Principles means:
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [4] makes about Statement of Principles [4] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [4]. Refer to sections 196V and 196W.
For the purposes of Part VI of the VEA [30], a reference to a veteran is taken to be a reference to:
For the purposes of Part VII of the VEA [30], according to subsection 5C(1), veteran means a person (including a deceased person):
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
According to subsection 5AB(2), information about a particular kind of injury [4], disease [4], or death is taken to be sound medical evidence if the information:
Information about how that kind of injury, disease or death may be caused must meet the applicable criteria for assessing causation currently applied in the field of epidemiology [4].
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15976%23comment-form
[2] https://clik.dva.gov.au/book/export/html/15976#tgt-cspol_part4_ftn124
[3] https://clik.dva.gov.au/book/export/html/15976#tgt-cspol_part4_ftn125
[4] https://clik.dva.gov.au/%23
[5] clikpopup://DEF/Commission/Repatriation Commission
[6] clik://LEGIS/VEA/Part IV
[7] https://clik.dva.gov.au/book/export/html/15976#tgt-cspol_part4_ftn126
[8] https://clik.dva.gov.au/book/export/html/15976#tgt-cspol_part4_ftn127
[9] https://clik.dva.gov.au/book/export/html/15976#tgt-cspol_part4_ftn128
[10] https://clik.dva.gov.au/book/export/html/15976#tgt-cspol_part4_ftn129
[11] https://clik.dva.gov.au/book/export/html/15976#tgt-cspol_part4_ftn130
[12] clik://LEGIS/VEA/Part XIB
[13] https://clik.dva.gov.au/book/export/html/15976#ref-cspol_part4_ftn124
[14] clik://LEGIS/VEA/section 196Y
[15] clik://LEGIS/VEA/section 196Z
[16] https://clik.dva.gov.au/book/export/html/15976#ref-cspol_part4_ftn125
[17] clik://RESEARCH
[18] https://clik.dva.gov.au/book/export/html/15976#ref-cspol_part4_ftn126
[19] https://clik.dva.gov.au/book/export/html/15976#ref-cspol_part4_ftn127
[20] clik://LEGIS/VEA/section 196K
[21] clik://LEGIS/VEA/section 196W
[22] https://clik.dva.gov.au/book/export/html/15976#ref-cspol_part4_ftn128
[23] clik://LEGIS/VEA/section 196ZA
[24] clik://LEGIS/VEA/section 5AB
[25] https://clik.dva.gov.au/book/export/html/15976#ref-cspol_part4_ftn129
[26] clik://LEGIS/VEA/section 196ZN
[27] clik://LEGIS/VEA/section 196ZO
[28] clik://LEGIS/VEA/section 196ZP
[29] https://clik.dva.gov.au/book/export/html/15976#ref-cspol_part4_ftn130
[30] http://clik.dva.gov.au/legislation-library