David Feeney (Batman, Australian Labor Party, Shadow Minister for Justice) Share this | Link to this | Hansard source

I rise to speak on the Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill 2015. Labor supports this bill because it represents a modest improvement to entitlements of and services to veterans.

The Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill 2015 amends the Veterans' Entitlements Act 1986, the VEA; the Military Rehabilitation and Compensation Act 2004, known as the MRCA; and the Defence Act 1903, and it does so in the following respects. Firstly, it expands the range of services available under the Veterans' Vocational Rehabilitation Scheme, the VVRS; and makes changes to the way certain periods of work undertaken as part of the VVRS, income earned from that work and periods of unemployment affect the rate of disability pension and/or service pension paid to participants. Secondly, it creates a single path of review for original determinations made under the MRCA. Thirdly, it allows the Minister for Veterans' Affairs to amend regulations 31 of the Defence Force Regulations 1952 so as to provide for the repatriation of the remains of service dependants buried in the Terendak Military Cemetery in Malaysia. Schedule 1 amends the VEA to expand the range of services available under the Veterans' Vocational Rehabilitation Scheme. These changes were announced in the 2015-16 budget.

The VVRS has been administered by the Department of Veterans' Affairs since the mid-1990s and was introduced to meet concerns that younger veterans were being accepted as totally and permanently incapacitated for work, without being provided with opportunities for vocational rehabilitation. It is a voluntary scheme aimed at assisting eligible veterans to find or maintain paid employment. The scheme is intended for former members of the Australian Defence Force with qualifying service or those about to leave the ADF. The ADF has its own rehabilitation scheme for serving members. The VVRS is separate to other rehabilitation services provided under schemes such as the MRCA and the Safety Rehabilitation and Compensation Act 1988, and veterans cannot undertake vocational rehabilitation under the VVRS concurrently with any other vocational rehabilitation program.

The VVRS services include    assistance in assessing and updating a veteran's skills, job-seeking techniques and interview skills; assistance to increase hours of work in an existing position, or, where the veteran is having difficulty coping, to manage the situation or look at alternative options; assistance to find suitable employment before the transition from the ADF to civilian workforce and life; and a skill development, or assistance in gaining recognition for skills, to assist in finding employment.

While the VVRS is not restricted to those with disability, as a rehabilitation service it is targeted at those with impairments that can affect an individual's ability to find and/or maintain employment. As such, many VVRS participants may also be in receipt of payments from DVA in respect of their impairment, particularly the veterans' disability pension and the Invalidity Service Pension.

There are two key changes proposed by schedule 1. The first is to allow intermediate rate disability pension recipients participating in the VVRS to have paid employment of up to 20 hours a week disregarded for the purposes of calculating any disability pension or rate reduction. This aligns the disregarded work income with the work test that applies to intermediate rate pensioners. Currently, intermediate rate disability pensioners have any income from paid employment over eight hours a week used in the calculation of their rate reduction—the same as special rate disability pensioners. This amendment will mean that an intermediate rate pensioner participating in the VVRS cannot receive a lower rate of disability pension than an intermediate rate pensioner who has not participated in the VVRS. It provides a greater financial incentive for intermediate rate pensioners to participate in the VVRS and to find paid employment as a greater number of hours can now be worked, and more income earned, before the veteran's pension rate is reduced.

The second key change is to set the maximum reduction for a special rate disability pensioner who is participating in the VVRS and in paid work of more than eight hours but less than 20 hours a week to the intermediate rate rather than 100 per cent of the general rate. Special rate disability pensioners participating in the VVRS with less than 20 hours of paid work a week will receive a pension rate calculated under the current method or the intermediate rate, whichever is the higher. Again, this is aimed at ensuring that a special rate pensioner participating in the VVRS and undertaking less than 20 hours of work a week will not receive a lower rate of pension than an intermediate rate pensioner who is not participating in the scheme. Both of these key changes are beneficial to intermediate and special rate pensioners participating in the VVRS and will provide an added financial incentive for veterans to engage with the scheme and the workforce.

The other amendments proposed by the schedule will include specific references in the VEA to medical management and psychosocial services which will now be made available through the VVRS from 20 March 2016. It will ensure that periods of unemployment of six months or more will be disregarded in determining different periods of employment used in calculating the amount of income assessed under the invalidity service pension income test for participants in the VVRS. This latter amendment refers to the two-year initial period of employment in which only 50 per cent of income is assessed under the income test, and the following five-year period in which the percentage of assessed income gradually increases. This will ensure that participants in the VVRS will not have prolonged absences from the workforce treated as part of their employment period.

Schedule 2 will create a single review pathway for original determinations made under the MRCA, removing the option for internal reconsideration by the Military Rehabilitation and Compensation Commission, and allowing only for review by the Veterans' Review Board. The MRCA provides compensation and other benefits for current and former members of the Australian Defence Force who suffer a service injury or disease and for the dependents of some deceased members of the ADF. This allows claimants to seek a review of certain original determinations made under the act. Original determinations, defined at section 345 of the MRCA, are determinations made by the MRCC or the Chief of the Defence Force, usually in relation to eligibility for compensation or the level of compensation payable to a claimant.

Currently, there are two pathways open to a claimant for the review of an original determination: an internal reconsideration by another delegate of the MRCC or a review by the VRB. Claimants who are dissatisfied with the reconsideration by the MRCC or the review by the VRB can then apply to the Administrative Appeals Tribunal for a further review. If a claimant chooses to seek reconsideration by the MRCC they are not able to then seek a review by the VRB.

The two pathways provide different review processes. The review of military compensation arrangements suggested that the VRB path can be seen as a lengthy and daunting process but that the MRCC process does not offer legal aid at the AAT. The AAT can award costs to successful claimants who have chosen the MRCC reconsideration pathway but not to claimants who pursued the VRB pathway. Both pathways have different time limits for the lodgement of applications and for subsequent actions. The review found that there was broad support to simplify the appeals process by removing the MRCC pathway and directing all appeals to the VRB, as proposed by schedule 2.

Schedule 3 amends the Defence Act 1903 to expand the regulation making power under paragraph 124(1) to authorise, under regulation 31 of the Defence Force Regulations 1952, the repatriation of the remains of eight service dependants buried at Terendak Military Cemetery in Malaysia, if requested to do so by their families. The Terendak Military Cemetery is located within a Malaysian military base, the Terendak Camp, on the coast of the Malacca Straits, approximately 21 kilometres north of Malacca. Terendak Camp was originally built by the United Kingdom, Australia and New Zealand during the period 1957 to 1959, to house the 28th Commonwealth Infantry Brigade.

Of the 521 Australians killed in the Vietnam War, 496 were repatriated to Australia with full honours. There are 24 Australian servicemen buried at Terendak, Malaysia and another buried at Kranji War Cemetery in Singapore. These 25 soldiers are the only remaining Australian servicemen killed during the Vietnam War who have not been returned to their families for burial. During the early days of the Vietnam War, families would have their son's body sent home only if their next of kin or benefactor were willing and able to pay 500 pounds for their repatriation to Australia. If families were unable to afford this, the soldier would be buried in Terendak, Malaysia. In January 1966, the Australian government resolved that all soldiers killed in Vietnam were to be returned to Australia at the expense of the Commonwealth.

After a public campaign by the Vietnam Veterans Association of Australia—operation 'Bring Them Home'—and other ex-service organisations, and long-running negotiations between the Australian and Malaysian governments, the Australian government announced in May 2015 that it would repatriate the remains of the 25 Australian Vietnam veterans buried overseas, where that was the wish of the deceased's family. As the Terendak Military Cemetery is difficult to access, being within a large Malaysian military base and requiring special permissions to visit, the Australian government also extended the offer to repatriate remains to the families of the other three Australian servicemen and eight service dependants who are buried there.

Labor has continued to support this offer to repatriate the remains of deceased Vietnam veterans buried in the Terendak Military Cemetery in Malaysia and Kranji War Cemetery in Singapore if requested to do so by the families. As we move into the 51st year since the first Australian serviceman was killed in the Vietnam War, we must remember that we owe these men and, indeed, their families an enduring obligation and respect for the sacrifice they made. As I said in my introduction, Labor will support this bill because it does represent a modest improvement to entitlements of, and services to, veterans. I commend this bill to the House.

Jane Prentice (Ryan, Liberal Party) Share this | Link to this | Hansard source

As Australians, we owe a debt of gratitude to the men and women who defend our nation. As a government, we owe it to them to fund the training, equipment and support that they need to carry out their duties. But just as importantly, we owe it to our veteran community to continue to provide the care and support that they may require when they leave the defence forces.

This bill ensures that we do just that by making three amendments to various acts: firstly, it creates a single appeal path under the Military Rehabilitation and Compensation Act 2004 to streamline the appeals process; secondly, it amends the Veterans Entitlements Act 1986 to make various improvements to the operation of the Veterans' Vocational Rehabilitation Scheme; and thirdly, it amends the Defence Act 1903 to clear the way for the repatriation of the bodies of Australian Defence Force personnel and dependents buried at the Terendak Military Cemetery, in line with the Prime Minister's announcement in May.

The single appeal path will make it easier for veterans to navigate what is currently a complex and often confusing system. The Military Rehabilitation and Compensation Commission, or MRCC, adjudicates on claims in relation to eligibility for compensation and the level of compensation. Under the current system, claimants who wish to seek a review of an original determination have two appeal avenues open to them: they can either seek an internal reconsideration by the MRCC or seek a review by the Veterans' Review Board—or VRB. The next right of appeal on both paths is the Administrative Appeals Tribunal. Both pathways have different time limits for the lodgement of applications and different rules relating to access to legal aid. There is no rationale for the existence of dual appeal paths and it makes sense for this process to be simplified. This bill clarifies that the VRB is the only body that should hear an initial appeal of a decision of the MRCC. I am advised that the veteran and ex-service community are strongly supportive of these changes.

The second set of amendments ensure that the Veterans' Vocational Rehabilitation Scheme can further improve the services it provides to veterans. They also ensure that the scheme is designed to minimise the risk that participating veterans suffer financial penalties for their involvement in the scheme. The Veterans' Vocational Rehabilitation Scheme—or VVRS—is a voluntary, vocational rehabilitation scheme for persons eligible under the Veterans' Entitlements Act 1986. It was established in order to assist eligible veterans to find and maintain paid employment. There are four different categories of disability pension payments provided to veterans: the general rate, the special rate, the intermediate rate and the extreme disablement—or EDA—rate. Without going into the details of each payment, they each exist for a different reason and pay a different rate. In the context of this legislation, each payment is treated differently when a veteran who receives the payment seeks paid employment under the VVRS.

The coalition government wants to encourage veterans to utilise the VVRS, as there are clear benefits in veterans participating in the paid workforce wherever possible. This bill makes it more attractive to do so by making changes to the way that pension payments are treated when recipients find employment under the VVRS: firstly, this bill ensures that intermediate rate recipients who participate in the VVRS will not receive a lesser disability pension than an intermediate rate recipient who does not participate in the VVRS; secondly, special rate disability pension recipients who participate in the VVRS and who undertake less than 20 hours paid work per week will not receive a lesser pension than a recipient who does not participate in the VVRS; thirdly, there will be more flexibility introduced to the scheme that will reduce disadvantage for participants who are required to take a prolonged absence from the workforce; and, finally, an amount equivalent to the permissible earnings for special and intermediate rate recipients will be disregarded for VVRS participants so that VVRS participants receive the same benefit as a nonparticipant in the VVRS. These changes to the VVRS come at a modest cost to government of $700,000 over the forward estimates, but they will be of great benefit to veterans and their families.

The third part of this bill deals with enabling arrangements for the repatriation of deceased Australian military personnel from Terendak Military Cemetery in Malaysia. The Terendak Military Cemetery is located within a large military base. Originally built by the United Kingdom, Australia and New Zealand, the base hosted the 28th Commonwealth Infantry Brigade. Prior to 1966, it was Australian government's policy that the remains of service personnel who died in war were to be buried in war cemeteries close to where they died. As a consequence, some Australian casualties from the Vietnam War were flown to Terendak and buried there, as were other Australian servicemen and, importantly, eight service dependents.

The nature of Terendak, being an active military base, means that access to the grave sites can be difficult and requires special permission. In response to a long-running campaign from the Vietnam Veterans Association of Australia, the Prime Minister announced in May this year that agreement had been reached with the Malaysian government to allow for the repatriation of the remains to Australia—dependent, of course, on the agreement of the families of the deceased. At present, the director of the Office of Australian War Graves has the power to repatriate deceased Australian military personnel, but has no equivalent powers enabling the repatriation of dependents. This bill clarifies that the director now has the authority to repatriate all Australians buried at Terendak, including dependents.

Members will be aware that my electorate of Ryan is home to the Gallipoli Barracks and one of the largest populations of serving Australian Defence Force personnel. We are a community that supports our serving ADF personnel and also our veterans. On this note, in the time remaining, I want to pay tribute to the teachers and students of Ferny Grove State High School, who were successful in achieving a highly commended certificate in the 2015 Anzac Day Schools' Awards. The award is funded by the Department of Veterans' Affairs. The award recognised Ferny Grove State High School's commitment to teaching and encouraging students to learn about Australia's wartime history. This is something that is all the more important given that this year marks the Anzac Centenary. Having received an Anzac Centenary grant, the staff and students put the funding to good effect by constructing a walk of remembrance on school grounds. In doing so, they ensured that the Anzac legacy will never be forgotten by staff and students at Ferny Grove.

However, the award-winning piece was a collaborative artwork created by students to express their emotional responses relating to Anzac day and the Centenary of Anzac. They used the symbolic poppy image and depicted scenes such as soldiers waiting to enlist, battle scenes, and grave stones and crosses to represent the fallen. I am told that judges praised the work for its inspiration and uniqueness and for its creative use of lighting for dramatic effect. I commend all of the staff and students involved for their successful project.

The amendments contained in this bill ensure that this parliament and this country uphold our end of the bargain, when it comes to the treatment of the veteran community. They have served our nation with distinction and this bill ensures that they receive the support that they deserve. I commend the bill to the House.

Warren Snowdon (Lingiari, Australian Labor Party, Shadow Parliamentary Secretary for External Territories) Share this | Link to this | Hansard source

I want to thank the member for Moreton for allowing me to stand up at this particular time. I acknowledge you, Deputy Speaker Broadbent, and those who have spoken in this debate, because the Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill 2015 is an important piece of legislation. As a former minister for veterans' affairs I know only too well how important this legislation is to veterans and the veterans community and, most particularly, how important one aspect of it is to the families of a small number of Vietnam vets who never came home and who currently lie buried in a cemetery off Australia's shores. As a result of this legislation their families will be able to have their bodies repatriated back to the country.

The bill before us actually represents a modest improvement to entitlements of, and services to, Australian veterans. The first schedule of the bill will effect changes that will enhance the Veterans' Vocational Rehabilitation Scheme, the VVRS, under the Veterans' Entitlements Act. This will mean that an amount equivalent to the permissible earnings for special and intermediate recipients will be disregarded for VVRS participants, when determining whether the person's reduced daily pension amount should be increased, and it will give them the same benefit from permissible earnings as is received by a non-participant of the VVRS. The enhancements to the scheme will also expand the range of services to include medical management and psychological services. The changes will also result in certain special and intermediate rate disability pensioners having a smoother step down in disability pension whilst in the scheme and will encourage veterans to remain or continue in the workforce.

Schedule 2 of the bill will streamline the appeals process into a single pathway for reconsideration or review of an original determination under chapter 8 of the Military Rehabilitation and Compensation Act. This amendment has the support of ex-service organisations and I commend the government for putting it in. What it will do is change the appeal process to a single path, which will avoid the complexities that claimants currently face relating to different time limits for the submission of appeals, different times taken to determine the review, the choice they make impacting on the entitlements to legal aid and the awarding of costs for appeals that progress to the Administrative Appeals Tribunal.

I will come to schedule 3 in a moment, which I think is of most interest for the broader community, because it reflects the desire to expand the war graves regulation-making power under the Defence Act 1903 to include graves of service dependants buried at Terendak Military Cemetery in Malaysia. Before I come to that, I just want to make it very clear that these first two schedules, although minor, are very important. They reflect the ongoing need to monitor what services we are providing to our veteran community and to make sure that they understand our desire—that is, our collective desire across the parliament—to make sure their needs and interests are being properly looked after. We need to bear in mind, in terms of entitlements under the veterans affairs legislation, that we are, of course, talking about not only veterans but also veterans' families. I do not think veteran's families are often given proper credit for the support they provide to their veteran partners, fathers, mothers or whatever relationship they might have. This is true not only when they have transitioned out of the defence forces but also, most particularly, whilst they are in service.

We know that the transition process out of the defence forces for many is quite difficult. It is quite difficult because they have spent any number of years involved in very regulated activity, involved in serving this country, often doing very intense work, very difficult and very dangerous work, and some find the transition out of the defence forces more difficult than others. Indeed, some will leave in such a way as not wanting to continue any association with the uniforms they have left behind and will try to get as much separation as possible as quickly as possible. But sometimes these particular people are the ones most in need of assistance over time. We need to make sure, whatever we do in this space, that any veteran—regardless of who they are or where they are—know that there are services available to assist them. This is particularly true for younger serving veterans and younger post-service veterans, who have transitioned out of the Defence Force. It is particular true for them, because we do not want to end up making the mistakes we made it in the past—and we will be talking about the Vietnam vets in a moment—with the Vietnam vets cohort, where we did not recognise the trauma associated with stress from service and combat, and the mental health issues that arose directly as a result of that service. So we need to make sure the transition space is being properly looked at and that people understand that the whole panoply and suite of services that they require access to is available to them.

I commend the Department of Veterans' Affairs for providing on-base advisory services and I commend the various arms of the defence forces for their continuing work in that space working closely with the Department of Veterans' Affairs to try and make that transition as seamless as possible. And I thank those workers in the Department of Veterans' Affairs for the work they do on our behalf.

I now want to address the issue of the potential repatriation of the Australian is to remain buried at Terendak Military Cemetery in Malaysia. Of the 521 Australians killed in the Vietnam War, 496 were repatriated to Australia with full military honours. There are 24 Australian servicemen buried at Terendak, Malaysia and one at Kranji War Cemetery in Singapore. These 25 soldiers are the only remaining Australian servicemen killed during the Vietnam War who have not been returned to their families for burial. During the early days of the Vietnam War families would have their son's body sent home only if their next of kin or benefactor was willing and able to pay 500 pounds for their repatriation to Australia. If families could not afford this, the soldier would be buried at Terendak, Malaysia.

In January 1966, the Australian government resolved that all soldiers killed in Vietnam were to be returned to Australia at the expense of the Commonwealth. Labor supports the offer that will be made with the passage of this legislation to repatriate the remains of deceased Vietnam veterans buried at Terendak Military Cemetery in Malaysia and Kranji War Cemetery in Singapore if requested to do so by the families of those deceased members.. The remains of eight service dependants who accompanied veterans serving in Malaysia are also buried in the Terendak Military Cemetery and, kindly and quite rightly, the government has also offered to repatriate these remains if requested to do so by the families.

Contrary to the inane comments made by the member for Solomon in the debate here last week, in my own electorate of I have held meetings with the Vice President of the VVAA NT Bob Shewring and Mr Neil Bond, the nephew of Reg Hillier, the only Territorian killed in the Vietnam War, who is currently buried in Terendak, Malaysia. These meetings lead to Labor committing to 'bringing them home', and we welcome the federal government's commitment to do just that. I found the comments of the member for Solomon not only wrong but also downright insulting not only to me but to those people who wanted their families brought home.

I would like to acknowledge the work of the VVAA NT. In particular ,I thank Bob Shewring—he is an old mate of mine; he and I worked together many years ago at Fannie Bay jail—and Sue McCallum, whose tireless work on this project has meant that the families of these men will have the opportunity to at last bring their sons home. Two nights ago in Darwin, after the Vietnam Veterans Day ceremony at the cenotaph, Keith Payne VC AM spoke at a function explaining the importance of 'bringing them home' to our Vietnam vets. It will be another step in healing the wounds of that dreadful war. At the end of the Vietnam War, six Australians were among the 2,338 people then listed as missing in action. Four Australian Army soldiers and two Royal Australian Air Force were classified as 'missing in action', in four separate incidents, with all six presumed to have been killed in action. Following the war, the remains of the servicemen were recovered and repatriated to Australia. As of 30 July 2009, no Australian servicemen remain missing in action from the Vietnam War. I am really very pleased with that outcome.

I was involved in aspects of bringing home some of those soldiers and undertaking to have searches undertaken for the remains of others. I was particularly engaged with the retrieval of the body of Private David John Elkington Fisher, who was a national serviceman serving with 3 Squadron, Special Air Service Regiment. On 27 September 1969 he was part of an SAS patrol which was contacted by several parties of Vietcong in the Cam My district about 35 kilometres north-east of the 1st Australian Task Force base at Nui Dat. During a 'hot extraction' by a RAAF helicopter, Private Fisher fell about 30 metres into dense jungle from a rope attached to the helicopter. He was believed to have been killed and searches failed to recover his body. In August 2008, the Australian Defence Force reported that the possible location of Private Fisher's body had been identified. At that time, as the Minister for Defence Science and Personnel, I was able to authorise a search. On 11 September 2008, the Australian Defence Force advised that the remains found as part of the investigation had been positively identified as Private Fisher's and that preparations were underway to return the fallen soldier with full military honours. It is now known that Private Fisher died as a result of the fall and was hastily buried by enemy soldiers who discovered his body. He was brought back to Australia by a special federal government and Defence Force team in 2008, which I was proud to be part of along with his old comrades from the SAS. I travelled to Hanoi to formally receive Private Fisher's remains. I also attended a service at Richmond Air Force Base near Sydney to welcome the Hercules aircraft carrying David Fisher's coffin. It was a very emotional and moving ceremony inside a hangar with people acknowledging and giving thanks for his service and honouring his contribution. And then we had a burial service on the North Shore of Sydney—I forget the name of the cemetery. It was raining like hell but it was a magnificent ceremony. It really paid Private Fisher the respect he was finally due.

There have been other cases. Pilot Officer Robert Charles Carver and Flying Officer Michael Patrick John Herbert, of No. 2 Squadron RAAF, were both career Air Force officers. They were finally recovered.

Mr Billson interjecting—

The minister at the table says there were two others whom he was responsible for bringing back during his time as the minister. I thank him for his work. Lance Corporal John Francis Gillespie was a helicopter medic with the 8th Field Ambulance. His body could not be recovered. We need to be fully cognisant of the sacrifices that were made by these great men during the Second World War on our behalf. I am so pleased that this legislation will allow us to bring home those final small number of men who remain buried at Terendak cemetery in Malaysia.

Last Saturday I was pleased to attend a blessing of a cenotaph at Humpty Doo, located in my electorate. Present were the venerable Ian McDonald, who took the service; Vietnam vets, many from the Patriots motorcycle club; the former mayor, Mary Walshe, who was involved with the cenotaph from its early days; local MLA, Kezia Purick; and other members of the local community. This was a very small but symbolic occasion where we recognised again the importance of service to this great country of ours. This small ceremony at Humpty Doo reinforced our commitment to making sure we remember always the sacrifices made by those who serve.

Karen McNamara (Dobell, Liberal Party) Share this | Link to this | Hansard source

I rise to support the Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill 2015. The bill provides effect to several Veterans' Affairs 2015 budget measures that will enhance the operation of the Veterans' Vocational Rehabilitation Scheme under the Veterans' Entitlements Act 1986. It will also create a single path of appeal under the Military Rehabilitation and Compensation Act 2004. It will also expand regulation-making power under the Defence Act 1903 to include the provision and maintenance of a grave of a service dependant interred at the Terendak Military Cemetery.

Since coming to office the government has honoured its commitment to acknowledge the unique nature of military service. For the 2,652 Department of Veterans' Affairs clients in Dobell, I assure you this government is focused on early intervention to ensure veterans and their families get the help and assistance required when they need it. The 2015 budget continues to deliver on the government's acknowledgement and understanding of the unique nature of service and delivers more than $12 billion in services for Veterans' Affairs, including $6.5 billion for pensions and $5.5 billion for healthcare.

Despite an overall reduction in DVA clients, largely due to the sad but inevitable decline in the number of World War II veterans, we are seeing increased numbers of claims from veterans of recent wars who have multiple conditions including at least one mental health condition. Additional case coordinators will be appointed to assist in improving the processing times for these complex claims. The budget delivers $10 million to boost the number of case coordinators in DVA. The increasing complex nature of claims being made to the DVA requires a more tailored approach. This funding will expand existing case coordination services to ensure improved timely and tailored service delivery for veterans and their families. Swift resolution of claims is a vital part of early intervention. Progress has been made and we recognise that we need to continue to focus on making further reductions to claim times as early intervention leads to better long-term outcomes for our veteran community. Greater focus on complex case management and coordination, rehabilitation, reducing claims processing times and improving long-term health impacts through early intervention are key initiatives of the budget for the DVA. Our investment in the expansion of case coordination for those with complex needs, in addition to the measures in this bill to assist those undertaking vocational rehabilitation, are designed to provide veterans with the best opportunity in their postservice lives.

The first measure within this bill will benefit veterans through enhancements to the Veterans' Vocational Rehabilitation Scheme, the VVRS, under the Veterans' Entitlements Act—$700,000 will be spent on improving the scheme's operation, which will benefit participating veterans, particularly those in receipt of disability pension at the intermediate and special rates. The proposed measures seek to encourage workforce participation and provide better outcomes for veterans through a whole-of-person approach to their rehabilitation.

We know that many veterans who have been injured, wounded or are ill want to get back to work. These changes will ensure their pension safety net better reflects their transition back into work. Getting back to work is an important part of the recovery process. The VVRS is a voluntary vocational rehabilitation scheme for persons eligible under the Veterans Entitlements Act. The scheme is designed to assist veterans to find or continue in suitable employment. The scheme also provides incentives for participants in relation to the work thresholds for special or intermediate rate disability pension and the treatment of income from paid work on invalidity service pension. There is no penalty if a person does not complete a rehabilitation program. Persons participating in the scheme who withdraw from the workforce for any reason, including retirement, will return to the rate of disability pension they received prior to their participation in the VVRS.

Effective as of 20 March 2016, the enhancements to the scheme will, firstly, expand the range of services currently available through the scheme to include the provision of medical management and psychosocial services, and remove disincentives to participation in the scheme through a more favourable adjustment of pension payments for those who are in receipt of above general rate pensions, such as the special rate or TPI. Medical management services will be involved in the monitoring of treatment to restore or maximize an individual's physical and psychological functionality. Psychosocial services include comprehensive individually-tailored rehabilitation interventions that assist in promoting recovery and optimal functioning levels. Psychosocial services can include pain management, adjustment to disability counselling, family support and education. More favourable adjustments of pension payments mean that intermediate rate recipients who participate in the VVRS will not receive less disability pension than an intermediate rate recipient who does not participant in the VVRS.

Special rate disability pension recipients who participate in the VVRS and who undertake less than 20 hours paid work per week will not receive less pension than an intermediate rate recipient who does not participate in the VVRS. A more reasonable pension reduction regime will follow any prolonged absence from the workforce and will avoid disadvantage to participants who start in the VVRS but experience lengthy absences from the workforce. An amount equivalent to the permissible earnings for special and intermediate rate recipients will be disregarded for VVRS participants when determining whether the person's reduced daily pension amount should be increased and they will be given the same benefits from permissible earnings as received by a nonparticipant of the VVRS.

The bill will also increase the threshold for intermediate rate disability pension recipients to no more than 20 hours per week before their paid work affects the rate of disability pension in accordance with the threshold for paid work for intermediate rate under section 23 of the Veterans' Entitlements Act. This will mean that an intermediate rate recipient who has participated in the scheme will not receive less disability pension than an intermediate rate recipient who did not participate in the scheme. These adjustments will also result in certain special and intermediate rate disability pensioners having a smoother step down in disability pension whilst in the scheme and will encourage veterans to remain or continue in the workforce. Improvements to the VVRS will allow veterans to take the important step of returning to the workplace with the support of the compensation system should they need to take a further break from employment.

The second measure in the Veterans' Affairs Legislation Amendment 2015 Budget Measures Bill will simplify and streamline the appeal process under the Military Rehabilitation and Compensation Act by changing to a single appeal path. Under the existing arrangements the two pathways for a reconsideration or review of an 'original determination' under chapter 8 of the Military Rehabilitation and Compensation Act are: first, internal reconsideration by the Military Rehabilitation and Compensation Commission under part 3; or, second, review by the Veterans' Review Board under part 4.

Currently a claimant may see a first-tier right of reconsideration or review through either but not both. If the claimant is dissatisfied with the reconsideration of the MRCC or the review by the VRB, they have a second-tier right of review by the Administrative Appeals Tribunal, referred to as a 'reviewable determination'. In 2011 the Review of Military Compensation Arrangements recommended that the MRCA appeal process be refined to a single pathway. The amendments proposed in this bill give effect to this recommendation.

Following the changes proposed by this bill, the first-tier right of review will be to the Veterans' Review Board The second-tier right of review to the Administrative Appeals Tribunal is not changing. The change to a single appeal path will avoid the complexities that claimants currently face relating to different time limits for the submission of appeals and different times taken to determine the review and the choice they make impacting on entitlement to legal aid and the awarding of costs for appeals that progress to the Administrative Appeals Tribunal. The single appeal path will remove internal consideration by the MRCC for claimants and enable a claimant to appeal an original decision of the MRCC to the VRB with a second tier of appeal to the AAT.

Currently, applicants that choose reconsideration by the MRCC are not able to access legal aid at the AAT. While the removal of reconsideration by the MRCC will have the consequent effect of not being able to apply for award cost at the AAT, the single appeal path through the VRB will mean that all applicants will have access to legal aid at the AAT, subject to the usual legal aid eligibility criteria.

In 2015-16, $900,000 will be provided to align the MRCA appeals process with the VEA process. This will affect claimants under the MRCA who have a primary decision made on or after 1 January 2016. The first level of appeal will be to the Veterans' Review Board.

Thirdly, under schedule 3, the bill will amend the Defence Act 1903 to expand the act's war graves regulation-making power to include graves of service dependents buried in Terendak Military Cemetery in Malaysia. On 25 May this year, 50 years after the arrival of the first troops of the 1st Battalion Royal Australian Regiment in South Vietnam, the Prime Minister offered to repatriate the remains of 25 Vietnam veterans from Terendak Military Cemetery in Malaysia and Kranji War Cemetery in Singapore to the families of the deceased. This offer was also extended to the families of three other servicemen and eight service dependents also buried in the Terendak Military Cemetery.

Until 21 January 1966, the bodies of Australians who died in war were buried in war cemeteries close to where they fell. From this date, with the consent of the families, remains were repatriated to Australia. This decision was not retrospective. Of the 521 Australian who died in the Vietnam War, 25 remain interred overseas. The families of those 25 Vietnam veterans now have the opportunity to bring their loved ones home.

Because of the limited access for families of the deceased at Terendak due to the cemetery being on a large-scale high-security military base, the offer of repatriation has also been extended to the families of all Australians interred in the Terendak Military Cemetery. This includes the families of the eight service dependents who died whilst accompanying their fathers or husbands on service in Malaysia. The amendments in this bill will enable the war graves regulation made under the Defence Act to authorise the repatriation of these service dependents if requested to do so by their families. The government acknowledges the Malaysian government's offer to provide any assistance towards repatriation. The government also thanks the Malaysian government for their care for and maintenance of these graves over many years.

The 2015-16 budget also includes: $3.7 million to extend the in-home telehealth trial for veterans and war widows, an initiative aimed at keeping veterans in their own home and community for longer; providing further funding for the Centenary of ANZAC program to support additional events commemorating battles that occurred on the Western Front during the First World War and key anniversaries of other conflicts; and extending tax deductibility status for the National Boer War Memorial and the Australian Peacekeeping Memorial projects. The DVA budget for mental health will remain uncapped and be driven by client demand. Over the past 12 months, the government has expanded access to the Veterans and Veterans Family Counselling Service, making it easier for veterans dealing with depression, post-traumatic stress disorder and anxiety, plus substance and alcohol use disorders, to access free and immediate treatment for their condition, regardless of whether they are related to service.

This government is delivering on its commitment to honour our veterans and the unique nature of military service. I commend this bill to the House.

Graham Perrett (Moreton, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill 2015. This bill implements a modest improvement to entitlements of and services for our veterans. Labor will always support our veterans and we strongly support this bill. Veterans are an incredibly important part of Australian society. Some people probably only think of our veterans once a year on Anzac Day, or perhaps they remember them on Remembrance Day. The last Anzac Day was especially memorable, being the 100th anniversary of the landings at Gallipoli, and Australia turned out, mingling with our RSLs and acknowledging those who gave their lives and served 100 years ago. At the Anzac ceremonies I attended in Moreton, at Yeronga, Sunnybank, Oxley, Tarragindi and a few other venues, it appeared that there were at least double the normal crowds—people paying their respects to those who gave the ultimate sacrifice for this country and to all of those who are serving or who have served and returned.

Although some may only turn their minds to our veterans on one day of the year, good government obviously continually reassesses the entitlements and services that we provide to ensure our veterans are properly looked after. That is the least we can do for our brave ex-service men and women.

Our returned services leagues do a wonderful job of supporting both current and ex-serving members of the Australian Defence Force and their families, as do other support organisations. There are five RSL clubs in my electorate of Moreton: Sherwood-Indooroopilly, Salisbury, Stephens, Sunnybank and Yeronga-Dutton Park, and two of these have services clubs. I have spent quite a bit of time with these clubs and worked closely with them on their ceremonies for the 100th anniversary of the Gallipoli landings and on planning some capital works and other ventures. The Returned and Services League has a very proud tradition. It is one of our oldest national organisations and has been well loved since it was founded back in 1916. As well as supporting and serving our ex-servicemen, the RSL promotes a secure, stable and progressive Australia—respectful of the past, mindful of the future, yet focused on helping today all those who wear our uniform.

This bill makes some improvements to the services and entitlements available to veterans, so it will help my RSL clubs do their job. There are three areas that this bill addresses. Schedule 1 of this bill makes some changes of and around the Veterans' Vocational Rehabilitation Scheme. This scheme assists eligible persons under the Veterans' Entitlements Act to find suitable employment or continue in appropriate employment. The services available to veterans will be expanded to include the provision of medical management and psychosocial services. The medical management services will include monitoring of treatment measures with a view to restoring or maximising a person's physical or psychological function. The psychosocial services will provide individually tailored rehabilitation interventions and can include pain management, adjustment to disability counselling and family education. The threshold of paid work allowed before that work affects the rate of a disability pension will be adjusted up to less than 20 hours per week of allowed paid work for intermediate-rate disability pension recipients who are also participants of VVRS so that those participants will not receive less disability pension than an intermediate-rate recipient who did not participate in the VVRS. Special-rate disability pension recipients will have their maximum reduction adjusted to the equivalent of the intermediate rate of disability pension. This will result in a special-rate disability pension recipient who participates in the VVRS and undertakes less than 20 hours of paid work not receiving less pension than an intermediate-rate recipient who has not participated in the VVRS.

The president of one of my local RSLs, Hugh Polson from the Sunnybank RSL, said in relation to these amendments:

It is important in rehabilitation of veterans, whether it be addressing physical or psychiatric disabilities, that they be encouraged to work towards regaining the ability and the confidence to re-join the workforce …

Remuneration is a very important aspect of the 'confidence' factor. It provides an added incentive …

These folk find themselves out of the workforce at a relatively young age—they risk spending the majority of their life unemployed or unemployable!

Thank you to Hugh Polson for sending in those comments to my office. They are intelligent observations from someone who does know, because prior to retirement Hugh was the Manager of Pensions, Advocacy and Welfare Services for RSL Queensland. The President of the Sherwood-Indooroopilly RSL Sub-branch, Kevin Alcock, also supports this amendment, saying:

Anything that enhanced the vocational rehabilitation of veterans is to be much applauded.

Schedule 2 of the bill concerns itself with the appeals process available for reviews of 'original determinations'. The current review arrangements create two separate pathways. As Hugh Polson says:

The current review processes are not only confusing for veterans, but younger veterans often find themselves falling into the trap of a 'No Win-No Fee' predator.

I will not make a comment on lawyers, Hugh—I know you have such a fine regard for legal officers and lawyers generally—but I do thank Hugh for sending in those comments. The changes to be made to the review process under this bill will streamline the process into a single pathway, and that is a good thing. This part of the amendment has the full support of the ex-service organisations.

Lastly, schedule 3 of the bill will expand the war graves regulation-making power under the Defence Act 1903. Currently, regulation 31 of the Defence Force Regulations 1952 provides for the repatriation of the remains of a member of the Defence Force who has died while on service. This amendment will allow regulation 31 to be amended to include the repatriation of the remains of service dependents.

It is timely that I speak on this amendment during this week in the chamber. It was only two days ago that we marked Vietnam Veterans Day, which is held on 18 August each year. Five hundred and twenty-one Australian servicemen were killed in the Vietnam War, and 496 were repatriated to Australia with full military honours. Of the remaining 25 Australian soldiers, 24 are buried at Terendak, which is in Malaysia, and one is buried at the Kranji War Cemetery in Singapore.

The Terendak Military Cemetery is located on the west coast of the Federation of Malaysia. It is 13 miles north of Malacca, a beautiful city, but the cemetery lies within an operational Malaysian Armed Forces base. The base is currently home to the Malaysian Army's 3rd Division and 10th Parachute Brigade. There are stringent security requirements for access to the cemetery, which can be a hindrance for family members wishing to acknowledge their loved ones. So permission is required from Malaysian authorities and documents are required to be submitted well in advance of any proposed visit. For this reason it would be difficult for families to visit their loved ones' final resting place, even if they made the long journey to Malacca in Malaysia.

The Kranji War Cemetery was part of a Japanese prisoner-of-war camp after the fall of Singapore. The small cemetery, which was started by the prisoners, was expanded by the Army grave service after the reoccupation of Singapore. The cemetery is located 22 kilometres north of the city of Singapore, and overlooks the Straits of Johor. Visiting this cemetery in Singapore is not as problematic as at Terendak. Kranji memorial—as it is known locally—is open to visitors every day between 7 am and 6.30 pm. The Office of Australian War Graves currently maintains the graves at Terendak and Kranji, and will continue to maintain any graves remaining after repatriation has occurred.

The 25 Australian soldiers buried at these two ceremonies are the only soldiers killed during the Vietnam War who have not been returned. Labor continues to support the government's undertaking that the cost of any repatriation of Australian servicemen who perished in the Vietnam War will be at the expense of the Commonwealth, if requested by the families.

As well as those 25 Australian soldiers, there are eight service dependents who accompanied the veterans then serving in Malaysia who are also buried in the Terendak Military Cemetery. The government has also offered to repatriate the remains of these eight dependents if requested. This amendment will allow the government to make good that offer of repatriation.

Kevin Alcock, who is the President of the Sherwood-Indooroopilly RSL Sub-Branch, applauds this amendment and said, 'At least six of my own former comrades are buried there, so I have a personal interest.' It is an important mark of respect for these soldiers and the families of service personnel, in the light of these soldiers making the ultimate sacrifice for our country, that their bodies should be returned home if their families so wish. It follows that the dependents of these brave soldiers should be shown the same respect.

Next year on 18 August we will commemorate the 50th anniversary of the Battle of Long Tan. On 18 August 1966 the men of D Company of the 6th Battalion Royal Australian Regiment, based at Nui Dat in the heart of South Vietnam's Phuoc Tuy Province, marched out of their task force base in search of the Vietcong troops who had fired on their base the night before. The men could hear the sweet voice of Little Pattie singing—she was there entertaining the remaining troops with a concert—as they marched out to track down the Vietcong.

Approaching a rubber plantation in the afternoon, the soldiers had fleeting glimpses of the Vietcong, who disappeared as soon as they were seen. A tropical storm was approaching. The D Company of the 6th Battalion was attacked in force by the Vietcong as the torrential downpour began. They were surrounded and short of ammunition. They called for RAAF helicopters to drop more ammunition. Despite terrible weather and heavy fire, the ammunition was dispatched by RAAF helicopters. Companies B and A were sent in as reinforcement. The Vietcong eventually retreated, after a horrible firefight. The Vietcong suffered terrible losses. The Australians counted 245 enemy dead on the battlefield. Some say Company D had faced around 2,500 Vietcong. Eighteen of our brave soldiers perished in the battle of Long Tan, and 24 were wounded. All but one of the dead were from Company D. We owe an enormous debt to these men and others like them. Lest we forget. I commend this bill to the House.

Natasha Griggs (Solomon, Country Liberal Party) Share this | Link to this | Hansard source

My electorate of Solomon has a very heavy Defence presence. As we know, there are nearly 5,000 uniformed personnel in Darwin and Palmerston, from all three bases, across Navy, Army and RAAF. I therefore take a particular interest in all matters relating to defence and veterans' affairs. I also chair the Coalition Backbench Policy Committee on Defence and Veterans Affairs. People who have heard other speeches in this area may have heard me discuss this already. I believe firmly that as a nation, if we are to send men and women—Defence Force personnel—into harm's way, then we owe it to them to make sure that we provide the best duty of care. Today I speak in support the Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill 2015 because the three very important components of this legislation will move us further in that direction.

Everyone in this place knows how the Abbott government feels about red tape and bureaucracy. The military rehabilitation and compensation measures in this bill simplify a bureaucratic process. I would like to start by putting on the record my thanks to Senator Ronaldson. In my view, he is the only minister in 50 years who has done the right thing in terms of repatriating the fallen. This has been an issue for government from both sides for a number of years, and Senator Ronaldson and the Prime Minister have come together and have been lobbied by people in my electorate, such as Bob Shewring. With this measure they have now righted a wrong.

I spoke on this last week, when speaking on the Prime Minister's motion, and I gave the story of Reg Hillier, a Territorian who will be repatriated. Unfortunately his family could not afford the 500 quid that was needed to bring him home. The family suffered enormous guilt for many years because they could not afford to bring Reg's body home. So I am pleased that, once this legislation passes, Reg will be returned home and buried in the Adelaide River War Cemetery, as requested by his family.

Let me just say one other thing. The member for Lingiari was the Minister for Veterans' Affairs in the previous government, and I know he was contacted about this issue. I am a little bit disappointed that he did not push this issue, because he could have done this.

Mr Champion interjecting—

I do not want to take your interjections, so please be quiet. When you are speaking, everyone has to listen to you. I give you the courtesy of listening to you, so please.

Rob Mitchell (McEwen, Australian Labor Party) Share this | Link to this | Hansard source

I remind the member for Solomon to direct her remarks through the chair.

Natasha Griggs (Solomon, Country Liberal Party) Share this | Link to this | Hansard source

I am sorry, Mr Deputy Speaker, but I ask that you ask that member to be quiet and give me the respect that I deserve, please.

As I was saying, the member for Lingiari could have fixed this issue. He could have sorted this out but he did not. Similarly, when he was the minister he could have sorted out the RAAF base houses but he did not. He chose to ignore Territorians and not do what they wanted him to do. They wanted him to save those houses and they wanted him to make it possible to repatriate people. As I said, Minister Ronaldson has done an exceptional job. He has righted a wrong, a 50-year wrong. It would have been a good coup for the member for Lingiari to be able to say that he had brought home one of his constituents. But he did not do that. Senator Ronaldson has righted a wrong, and I am very proud to be part of a government that has righted that wrong.

In terms of military rehabilitation, the government will achieve savings of $2.2 million over four years by simplifying the appeal process under the Military Rehabilitation and Compensation Act 2004. The new single appeal path to the Veterans' Review Board and the Administrative Appeals Tribunal will rationalise the appeal process under the MRCA by aligning it with the appeal process under the Veterans' Entitlements Act 1986. The savings from this measure will be redirected by the government to fund other measures to assist veterans.

Another important aspect of this bill is the Veterans' Vocational Rehabilitation Scheme enhancement. The government will provide $0.7 million over four years to expand the Veterans' Vocational Rehabilitation Scheme, to encourage workforce participation and to provide better outcomes for veterans through enhanced medical management and psychological assistance services. Changes will also be made to the workforce participation guidelines affecting eligibility for disability pension so that those veterans receiving a disability pension will not be disadvantaged by accessing the enhanced scheme.

The other very important part of this piece of legislation is the funding of the repatriation for those killed who are buried in Terendak. If the families choose to repatriate them, they will be able to work with the Australian government to make sure that we can do that. I just want to reiterate: when our servicemen return from the battlefield, we owe it to them to ensure that they have the best of care for their physical and psychological wounds. Another form of that debt we owe our service men and women is that, should they make the ultimate sacrifice, their service will be acknowledged and their memory will be honoured.

As I said, I have spoken in this place before about Reg Hillier, who was a jackaroo in the Northern Territory in 1961 when he enlisted in the Australian Army. Reg was the only Territorian who died in Vietnam. I am very pleased that, after this legislation and the amendments go through, Reg's body will be returned home to the Territory and will be buried in the Adelaide River War Cemetery. That will be a very special day for his family, particularly for Neil Bond, who is his surviving next of kin. Neil met with Senator Ronaldson and I, and it was a very emotive meeting. Mr Bond shared some of the family's stories about Reg, or Corporal Hillier, and both the senator and I were very moved by the stories that were relayed to us. We are very pleased that the right thing is being done, after 50 years. I cannot thank Senator Ronaldson enough for his determination in making this happen. I also want to thank the Prime Minister for giving Minister Ronaldson the opportunity to right this 50-year wrong. Thank you. I know that Neil Bond and other members of Reg Hillier's family also thank the Prime Minister and Senator Ronaldson for making sure this wrong was righted after 50 years. Thank you very much.

Stuart Robert (Fadden, Liberal Party, Assistant Minister for Defence) Share this | Link to this | Hansard source

The Veterans’ Affairs Legislation Amendment (2015 Budget Measures) Bill gives effect to three budget measures that benefit the defence and ex-service community. These benefits begin with enhancements to the Veterans Vocational And Rehabilitation Scheme, operating under the Veterans Entitlements Act. In that line, let me thank those who have contributed to the debate and those who have spoken on what is an important bill in the life of our veteran community. The enhancements within the bill, in the scheme, will expand the range of services available to include medical, management and psychosocial services. These additional services can further assist a participant's recovery through comprehensive individually tailored rehabilitation interventions that can include treatment monitoring in case management, pain management, family education and counselling to assist a participant to adjust to their disability. Further enhancements to the scheme will result in recipients of special and intermediate rate disability pension being able to retain more of their pension and a more favourable pension adjustment regime for participants who start the scheme but experience prolonged absences from the workforce. These enhancements to the scheme are aimed at encouraging the participation of more eligible veterans and members so they can benefit from the substantial long-term health benefits that are associated with rejoining or remaining in the workforce.

The beneficial measures in this bill continue with the streamlining of the appeal process under the Military Rehabilitation and Compensation Act—MRCA. This will be of benefit to future, current and former members of the ADF covered by MRCA. Under the current arrangements, a claimant may seek a right of review through either but not both the Military Rehabilitation and Compensation Commission or the Veterans' Review Board. They then have a second right of review to the Administrative Appeals Tribunal. The bill will streamline the appeal process under the MRCA by creating a single first-tier appeal path directly to the Veterans' Review Board. This will supply the process for claimants by removing the complexities that are created by different time limits for the submission for appeals, the different times taken to determine the review and the impact of the choice of appeal paths and entitlements to legal aid and the awarding of costs for appeals that progress to the Administrative Appeals Tribunal. The streamlined single appeal path is strongly supported by the veteran and ex-service community.

Finally, the bill will amend the Defence Act to enable the repatriation of the remains of eight service dependants buried in Terendak Military Cemetery in Malaysia if requested to do so by the families of the deceased. The change in government policy in January 1966 meant that, whilst most veterans killed in action in Vietnam were repatriated to Australia for burial, 24 were buried in Terendak Military Cemetery in Malaysia. On 25 May this year the Prime Minister offered to repatriate the remains of these and a number of other Australian servicemen and some service dependents buried in Terendak Military Cemetery. The amendments will enable the War Graves Regulations made under the Defence Act to authorise the repatriation of the eight service dependants if requested to do so by their families.

These 2015 budget measures contribute to the government's strong commitment to recognising and meeting the needs of current and former members of the Australian Defence Force and their families, and I strongly commend the bill to the House

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.