House debates

Tuesday, 5 November 2024

Bills

Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024; Second Reading

7:07 pm

Photo of Louise Miller-FrostLouise Miller-Frost (Boothby, Australian Labor Party) Share this | Hansard source

I rise today to speak on the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. This bill is a significant step in addressing the challenges faced by our veteran community, ensuring they receive the care, support and recognition they deserve. The men and women who have served in our defence forces have made immense sacrifices to protect our nation's values, securities and freedoms. It's our duty as Australians and as their representatives here in this chamber to ensure that they receive the support they need and deserve in return.

However, the existing framework for veterans' entitlements, treatment and support has become overly complex, fragmented and, at times, difficult for veterans and their families to navigate. The current system, while established with the best of intentions, has evolved into a maze of legislation, regulations and policies that differ depending on when and where an individual served and which act applies to their circumstances.

Currently, veterans' entitlements are determined under one or more of three primary compensation acts—the Military Rehabilitation and Compensation Act 2004, the MRCA; the Veterans' Entitlements Act 1986, the VEA; and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, the SRCA. Which piece of legislation applies to a claim is determined by when the veteran served and which period or periods of service caused or contributed to the condition subject of the claim. This lack of consistency has caused confusion, delays in delivering services, unnecessary stress and even inequities in how our veterans are treated. This bill seeks to simplify and harmonise the veteran support system, streamlining the three pieces of legislation down to one. This will make it easier for veterans and their families to access the benefits they're entitled to without having to wade through confusing bureaucracy.

First the bill consolidates entitlements under one simplified framework, removing the confusion caused by multiple overlapping schemes. This means that veterans of different conflicts and eras will no longer be subject to differing rules and processes based purely on their time of service. Instead there will be a uniform set of entitlements based on need and circumstance, ensuring fairness and equity across the board.

Second this bill introduces a streamlined claims process. Prior to the last election, I was surprised to hear from veterans and families about the delays they were experiencing. It was not unusual to be told that they had put their TPI claim in 18 months earlier and had heard nothing from the department. Of course they had waited until things were really desperate before they had put their claim in, so an 18-month delay for someone already in crisis was disastrous for them and their loved ones. RSL advocates told me of veterans who had died waiting for a claim to be assessed, never having received the services they needed and deserved.

When the minister was appointed and met with the department, he found that, like so many critical services, it had been hollowed out. Close to 50 per cent of staff were on short-term labour hire contracts, so there was no continuity or corporate knowledge. That resulted in around 42,000 claims that had been received and had not even been allocated to someone to assess. So to all those veterans who told me that they'd been waiting 18 months and had not heard anything and couldn't get to speak to anyone in the department about their claim: this was why. Those 42,000 claims and the claims that have come in since then have now all been allocated and are in the process of being assessed or have been finalised. That is because Labor values the service of veterans and doesn't think they should be put through the wringer to get the services they need.

But to get back to this bill, we are proposing new measures that will further reduce waiting times and improve access to treatment and services even more. This is crucial for veterans suffering from physical or psychological trauma for whom timely intervention can be life-changing. By cutting through red tape and simplifying the claims process, we aim to ensure that veterans can focus on their recovery, not on fighting bureaucracy.

Third we've listened to the voices of veterans and their families in the crafting of this legislation. The harmonisation of services between the Department of Veterans' Affairs, healthcare providers and other support networks will foster a more holistic approach to veterans care. We want our veterans to have seamless access to the services they need, whether it be medical treatment, mental health care, rehabilitation or housing assistance. The bill encourages cross-agency collaboration and data sharing to deliver faster and more efficient outcomes for those who have served.

Fourth we are increasing transparency and accountability. Veterans and their families have often found the process opaque, with limited visibility into how claims are assessed and decisions made. This bill introduces measures to improve communication, provide regular updates on claims progress and ensure decisions are explained clearly. While this bill focuses on simplification, it does not compromise the quality or scope of support available to our veterans. In fact, by making the system easier to navigate, we are freeing up resources that can be reinvested into frontline services and direct support. The result will be better care, less frustration and a system that honours the sacrifices of those who've served.

Under the revised arrangements, existing claims already submitted under the VEA and the DRCA will be grandparented, but any new claims from 1 July 2026 will be assessed under the MRCA. The bill also introduces a range of enhancements that will make access to entitlements easier and fairer for veterans. These enhancements have been informed by consultation and feedback from the veteran community over the last two years. The enhancements include compensation for funeral expenses to be consolidated under the MRCA, with the cap to be increased from $2,000 to $3,000. The legislative basis for benefits like the acute support package, household services and attendant care, the Victoria Cross allowance, ex gratia payments and recognition supplements for former prisoners of war will also move to the MRCA. Some aspects of veteran treatment arrangements will move from VEA to the MRCA, including the legislative basis for non-liability health care and the commission's powers to determine specific treatment programs and classes of eligible persons. This will result in no changes to the coverage.

A legislative basis for the repatriation commission to accept liability based on a presumption that the person's defence service caused their injury or disease will operate by providing the commission with an instrument-making power to specify relevant injuries and diseases. A new payment called the additional disablement amount will also be introduced into the MRCA. Similar to the extreme disablement adjustment, this new payment will benefit veterans over pension age with significant service related impairment. Dependants will also have access to the gold card and other benefits in the event of the veteran's death.

Importantly, no veterans will suffer a reduction to their existing payments. Compensation previously awarded under the DRCA or VEA will not be disrupted. A commencement date of 1 July 2026 ensures we have time to make sure the veteran community are well informed on what the changes will mean for them, and provides enough time to ensure advocates and DVA staff have had adequate training prior to the commencement.

This legislation reflects the fundamental principles of fairness, equity and respect for the dignity of our veterans. It's about more than just legislative reform; it's about fulfilling our national obligation to those who have given so much in service to Australia. It's about acknowledging the unique challenges faced by veterans and responding to them with a system that is compassionate, efficient and fit for purpose in the 21st century. I urge all members to support this important bill to ensure no veteran is left behind. Together we can build a support system that honours their service and provides the help they need to live fulfilling lives post service.

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