House debates
Monday, 4 November 2024
Bills
Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024; Second Reading
6:14 pm
Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source
The Royal Commission into Defence and Veteran Suicide was established in July 2021 and its final report was delivered on 9 September this year. The purpose of the royal commission was to examine the tragic overrepresentation of current and former Australian Defence Force personnel in the data relating to deaths by suicide. Why does giving for the nation equate to a higher risk of taking your own life?
Recent figures from the Australian Institute of Health and Welfare showed that, between 1997 and 2022, there were 1,763 known deaths by suicide amongst current- and ex-service men and women. That is a staggering and awful number. Each one represents a tragic loss for family and friends—a loss that endures long after funerals and memorial services have concluded. The Albanese government recognises the urgent need for action and will respond to the recommendations of the royal commission before the end of the year.
I'd like to acknowledge the ADF members, the veterans and their families who contributed to the royal commission, often reliving their own traumatic events in their resolve to improve the experiences of current and future service men and women. I thank them again for their courage in that process.
There is not a representative in this House who does not honour and respect the sacrifices made by our defence personnel, both past and present. When we look down Anzac Parade from this building to the War Memorial, we remember the connection between those who fought and died for their country and, through that line of sight basically straight through the front doors, under the Great Verandah, through the Great Hall, under the flagpole and through the cabinet room, the Prime Minister sitting at his or her desk—that view from one to the other—so that any leader of this nation is thinking of the sacrifice and service of those who put on uniforms.
As individuals and as a nation, we are grateful and we know we must do better to support our veterans. As the Minister for Veterans' Affairs said, 'This is an important task and responsibility of government—a solemn commitment.' It's one we take very seriously. The extensive submission and consultation phase of the inquiry also highlighted the need to resolve critical systemic issues relating to the experiences of ADF veterans in accessing support through the Department of Veterans' Affairs.
One of the interim publications of the royal commission is the book Shining a Light: Stories of Trauma &Tragedy, Hope & Healing. The book centres on the lived experience of hundreds of ADF members and veterans. It was tabled in parliament on 20 June this year. The book focuses on the experience of ADF members and veterans, in joining up, serving, the impact of leadership, mental health struggles, the transition to civilian life, the effect on their families and dealing with the Department of Veterans' Affairs, amongst other topics. It is a confronting but eye-opening and important book and one that we should all read.
There is a lot of work to do in improving the experiences of veterans. The Albanese Labor government is starting with addressing the first recommendation of the royal commission's interim report from way back in August 2022—that is, to simply harmonise veteran compensation and rehabilitation legislation via this bill. The Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill will improve veterans' experiences in dealing with the Department of Veterans' Affairs.
Veterans engage with the Department of Veterans' Affairs for numerous reasons. For many, it is because of physical injuries or mental health deterioration suffered in training or in the line of duty. For others, it is for assistance with vocational rehabilitation or income support. It is a vital service and one that reflects the gratitude of the nation for their service. However, the interim report noted that the veterans' entitlements system, as it currently works, is detrimental to the mental health of some veterans and their families. The cure is actually the start of the disease for many.
One of the reasons for this is that the Department of Veterans' Affairs is currently governed by three different but overlapping pieces of legislation. These are the Veterans' Entitlements Act 1986, or VEA, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, or the DRCA, and the Military Rehabilitation and Compensation Act 2004, or the MRCA. The interim report makes it clear that the complexity of the three pieces of legislation makes it very difficult for veterans to navigate the compensation system. It also makes it very challenging for departmental staff to administer. This complexity has led to processing delays, inconsistency in claim assessments and outcomes, and backlogs in claims. The report states:
The three main Acts operate in different ways and the entitlements available to a veteran will depend on many circumstances and factors, including when an injury occurred, and the type of service being undertaken at the time of injury. The Acts provide different types of compensation, including pensions, lump sums and periodic compensation payments, health care and rehabilitation.
Entitlements are offset when a veteran has entitlements under more than one Act or receives a pension or lump sum under a superannuation scheme. There are also different procedures available when a veteran wants to challenge an adverse decision, depending on what the decision is, and under which Act it was made. For example, the Veterans' Review Board can review decisions made under the VEA and MRCA but not under the DRCA.
Shining a Light describes the system as describes the system as a 'tangled legislative and bureaucratic web'. It's no wonder that many veterans need the assistance of advocates to help them lodge claims and support them through the assessment process. I've been an MP for a few years, not quite as many as some in this chamber. I've already done way too many sessions with constituents trying to sort out their entitlements from the Vietnam War. Gough Whitlam announced that our troops would be coming home on 5 December 1972, and we are still dealing with the ramifications. The red tape can be complicated and confusing.
One Army veteran, who received injuries during training, wrote:
I have been waiting just short of two years for DVA to accept my claims for a variety of conditions that include major depressive disorder, PTSD, general anxiety disorder and alcohol use disorder. Without my advocate, I have no doubt that I would never have been able to submit these claims successfully due to the bureaucratic nightmare that is the DVA. It is a system that almost none can navigate or understand.
It is obvious that changes and improvements to the system are vital. In fact, there are longstanding recommendations to simplify veterans' legislation. The bill is the most significant work on this issue since the introduction of the MRCA two decades ago.
In 2109, the Productivity Commission report, A better way to support veterans, recommended streaming the three acts into two. With this bill, however, the Labor government is taking the reforms one step further. The bill reduces veterans' entitlements legislation from three acts into one, the MRCA. It will simplify the claiming and assessment process and enable veterans to access the required supports more quickly.
Under the new legislation, the VEA and DRCA will work within the single act model, but will be closed to new applications for compensation and rehabilitation from 1 July 2026. Those receiving benefits under the VEA and DRCA will still do so under these grandparenting arrangements, giving veterans and families financial certainty. Veterans will also benefit from eight schedules of enhancements to the MRCA, which are designed to make access to entitlements easier and fairer. These changes have been informed by extensive feedback from the veteran community throughout 2023 and 2024 during the veterans' legislation reform consultation pathway. In short, the changes will make it easier for veterans and families to understand which entitlements they are eligible for and easier for veteran advocates to assist with claims. All of this adds up to a faster and more efficient processing of claims on the administrative side.
One of the changes concerns compensation for funeral arrangements. Family members can lodge a claim under the MRCA even if the deceased member previously accessed entitlements under the VEA or DRCA. The funeral allowance will also increase from $2,000 to $3,000, and the reimbursement of funeral expenses for all service related deaths will be $14,062.
The MRCA will become the legislative basis for benefits such as the acute support package, household services and attendant care, the Victoria Cross allowance, and recognition supplements for former prisoners of war. The MRCA will also be responsible for the legislative basis for non-liability health care and the determination of special treatment programs and their eligibility. Elements of the Veterans' Entitlements Act, such as recognition for services including peacekeeping, operational and hazardous service and British nuclear testing, will be moved to the MRCA.
Our budget in May directed $222 million towards additional funding for veteran and family entitlements. This bill introduces a new payment, the additional disablement amount. This will provide eligible veterans—those who are over the pension age and who have significant service related impairment—with access to the gold card, and additional benefits in the event of the veteran's death.
It's very important to Labor that no veteran is worse off or receives lower benefits than they're currently receiving—those that have successfully steered their way through the red tape—and this bill guarantees that. The changes will begin on 1 July 2026, allowing time for the community, both veterans and advocacy groups, to thoroughly understand the changes. Up until this time, veterans will be able to lodge claims under the three acts or they can choose to delay their claims until the enhanced MRCA comes into effect. It is up to them; it's their choice.
RSL Australia and a comprehensive range of defence community and advocacy groups have welcomed this bill. Labor stands behind the wonderful veteran community. We've hired an additional 500 permanent staff in the Department of Veterans' Affairs to action the claims backlog that we inherited. This will see $6.5 billion of delayed entitlements go to veterans over five years.
I'd like to leave my final words in this speech to Mr Hugh Polson, president of the Sunnybank RSL Sub-Branch in my electorate. Hugh is a tireless advocate for veterans and our community. He's one of the best RSL presidents in the land. I'm happy to put that on the record. Hugh has been through the DVA entitlements system as an applicant and as an advocate. For more than a decade Hugh ran the pensions advocacy and welfare service at RSL Queensland. Like others, Hugh describes the current system as 'really tricky to navigate', saying that 'veterans generally would be much more comfortable trying to navigate one form of legislation'. The reforms in this bill will reduce the anxiety and distress that veterans have experienced in dealing with complex and overlapping legislation in order to claim their entitlements. Having the solid foundation of one act will ensure that veterans are treated equitably and meet Hugh's wish for legislation: that it 'succeeds as a one-stop shop' for veterans.
I say, 'Thank you for your service,' to Hugh and all the people that he represents and to the other RSLs in my area and all throughout Australia, obviously. I commend this important bill to the House.
No comments