Amanda Rishworth (Kingston, Australian Labor Party, Shadow Parliamentary Secretary for Health) Share this | Link to this | Hansard source

Today I rise to speak on the Veterans’ Affairs Legislation Amendment (Budget Measures) Bill 2017 and state from the outset that Labor will be supporting these measures. This bill contains three schedules which seek to undertake the legislative reform which underpins three elements of the 2017-18 Department of Veterans' Affairs budget. The first and probably most significant schedule amends the Australian Participants in British Nuclear Tests (Treatment) Act 2006 to provide Australian participants in British Nuclear Tests (BNT), British Commonwealth Occupation Force (BCOF), pastoralists, civilians and Indigenous people with full health coverage for all conditions. This is a significant move. Currently, the Australian Participants in British Nuclear Tests (Treatment) Act 2006 only provides Australian BNT participants with testing and treatment for malignant cancers.

Under these changes a broader class of civilians and BCOF veterans will be eligible to receive treatment for all conditions. This coverage will enable these individuals to access DVA funding for all clinically necessary healthcare needs and all health conditions. These changes are the result of a long and hard-fought campaign over many decades for recognition of the BNT and BCOF participants. As many members here may be aware, from October 1952 until October 1957, 12 British atomic weapons tests were conducted at Montebello Islands, off the west coast of Western Australia, and at Emu Field and Maralinga in South Australia. There were also 600 minor trials, including the testing of bomb components between 1953 and 1963 at Emu Field and Maralinga.

Both military and civilian personnel participated in the tests, with a nominal roll established listing a total of 16,716 persons, comprising of 8,126 service personnel and 8,590 civilians. These 16,716 people performed a range of tasks on and around the site with military personnel undertaking a number of duties including decontamination teams and atomic-cloud sampling and tracking operations. Civilians, who were employed by the Commonwealth or by contractors, provided construction, maintenance and support services relating to the conduct of these tests. In addition there was also a number of Commonwealth police officers and members of the Australian Federal Police on site. Of course it was not just those posted to the site or employed by the Commonwealth who were impacted by these tests. The impact of the detonations spread far and wide, affecting pastoralists, civilians and the Indigenous population.

Over the years, many surveys and reports have been undertaken investigating the long-term impact of the British nuclear tests on participants and other civilians who were in the vicinity of the tests. BNT participants recall being required to line up with their backs to the detonation with their hands over their eyes for the first minute or so and then told to turn around and witness the mushroom cloud of the blast. One witness, who provided a statement to the Royal Commission into British Nuclear Tests in Australia undertaken in 1985, recalled:

The flash was so strong that we could see the bones in our hands and the outline of the huts in the background even through closed eyes. We could see the shock wave moving towards us as it came over the scrub and when it hit us, it knocked us off our feet.

In addition, it is claimed that few wore anything more than shorts or service uniforms to witness the blasts. In a statement to the royal commission, a leading aircraftsman within the RAAF recalled using a Geiger counter, which measures ionizing radiation, and stated:

… every man showed some degree of radio-activity. I cannot remember the level of the readings but there were some that went off the scale, indicating that they had had the highest possible dose which could be registered.

Of course, we are now all too aware of the dangers of radiation and the risks these participants and civilians were in as a result of this exposure. We know that radiation with sufficient energy can cause chemical changes in cells and cause cancer, and acknowledge how dangerous these conditions were and the ongoing impact that this has had on participants lives and on the lives of pastoralists and Indigenous people living in the area.

The impact of these tests on the traditional owners of the land is particularly complex. Prior to the tests, the government attempted to move Indigenous people away from the sites with little regard for their connection to their land. This had the dual impact of fragmenting families and, anecdotally, was not always successful. A patrol officer was given the task of finding and warning all Indigenous people in an 80,000 square kilometre area, and it has been suggested that groups would move out of the area and then return once that patrol had moved on.

At the 1953 test in Emu Field, Indigenous and non-Indigenous people in the area described an extraordinary black mist which stuck on vegetation and household items. An Indigenous man who was walking on the edge of the test site stated:

We thought it was the spirit of our gods rising up to speak with us. Then we saw the spirit had made all the kangaroos fall down on the ground as a gift to us of easy hunting so we took those kangaroos and we ate them and people were sick and then the spirit left.

The ongoing impacts of these tests are significant, and it is appropriate that full healthcare cover be provided to Indigenous people in addition to the BNT participants and pastoralists. These amendments will ensure that any pastoralists and Indigenous persons in the vicinity of the nuclear test areas as well as any other civilians who were present in the areas during the relevant period will be covered. In addition to BNT participants and civilians, BCOF veterans will also be able to access full health coverage.

The BCOF comprised elements drawn from the armed forces of Australia, the United Kingdom, New Zealand and India. It was the first time Australians were involved in a military occupation of a sovereign nation that Australia has defeated in war. BCOF's primary objective was to enforce the terms of the unconditional surrender that ended the war in September 1945. BCOF was required to maintain military control and supervise the demilitarisation of Japan and the dismantling of its war infrastructure.

The impact for those who served as part of the BCOF was significant, with some having been allocated to the severely devastated prefecture of Hiroshima. The BCOF had to work through considerable stocks of war material, including chemical agents and ordnance, to render them safe or to destroy them, exposing them to radioactive material. As we know, this would have had a considerable long-lasting effect. The ongoing impact of these tests has been subject to a number of studies, including the 2006 mortality and cancer incidence study of the BNT participants. This report found that the death rate from cancer was 17 per cent higher in this group than in the general population and the incidence of cancer was 23 per cent higher than expected.

Regardless of the result, the findings of the study did not implicate radiation exposure in the higher than expected mortality and morbidity finding. But veterans and others challenged the finding as those who passed away before 1982 were not included in this study. Without including these people the study did not provide the full picture of the impact of radiation on these participants. Following the release of this report the government finally acknowledged that these participants had a clearly defined healthcare need and established the Australian Participants in British Nuclear Tests (Treatment) Act 2006. The 2006 bill provided eligible persons with access to free cancer treatment and ongoing tests. However, it did not provide redress to participants as the service was rendered during peacetime; and, as such, they were covered by military and workers' compensation arrangements.

In 2010 the then Labor government sought to provide additional assistance to BNT participants who were also members of the Australian Defence Force by reclassifying their service as non-warlike or hazardous peacekeeping service; and, as such, they were able to access some assistance under the Veterans' Entitlements Act, including access to the disability pension. The amendments in schedule 1 build on these changes. Labor welcomes the expansion of full health cover to BNT participants, BCOF veterans and civilians, which will enable them to receive the treatment that they need and acknowledges the ongoing impact this exposure had on the individuals who were present on the test sites.

This recognition is the result of a long campaign by BNT and BCOF participants. These individuals, nearly all of whom are over 80 years of age, have spent their lives fighting for recognition of the risks they endured and the need for increased support—people like Avon Hudson, from South Australia, who has been working and agitating for change for decades. I understand that approximately 2,900 BNT and BCOF participants will benefit from these changes. As previously mentioned, the expansion will also include the pastoralists and Indigenous people who were present in the test area during the prescribed time frame.

I take this opportunity in a bipartisan way to encourage those eligible for this full health coverage to register with the Department of Veterans' Affairs. I understand also that the department and the government will look at many avenues to ensure that those who do not understand that they are eligible for this treatment will be contacted. A number of communication methods will be used to ensure as many people as possible actually get access to what they are entitled to. I strongly support that and I encourage the government to make all efforts in this area.

These amendments recognise it is appropriate to provide treatment for all conditions for BNT participants, BCOF veterans and civilians who were present during the British nuclear tests during the relevant period, and this is the right thing to do.

The second schedule in this bill seeks to amend the current outdated work history restrictions for the special and intermediate rates of disability pension provided in the VEA to better reflect modern working arrangements. Particularly, this will affect claimants over 65 years of age, who must satisfy the above criteria that they have been working with the same employer for 10 years or, in the case of the self-employed, they have to have worked in the same profession, trade, vocation or calling. This criteria is somewhat outdated. Under schedule 2, these changes will ensure that the work history will only require 10 years of continuous work in any field or vocation.

This amendment acknowledges that the nature of work has changed. Over the course of a lifetime, an individual may have a number of different careers with a variety of employers. It is now far less common for a person to remain employed by a single employer for 10 years or remain in the same vocation or field in the case of the self-employed. Labor is supportive of this change which reflects the reality of modern-day work.

The third schedule in this bill seeks to insert instrument making powers into the Safety, Rehabilitation Compensation Act 1988 and the Military, Rehabilitation and Compensation Act 2004, enabling the Military Rehabilitation and Compensation Commission to determine a class of persons eligible to participate in an early access to the rehabilitation pilot program. Under the current arrangements, those clients who are under what are currently known as the SRCA and MRCA are required to wait until their claim has been finalised before they are able to access rehabilitation services. This can take around four months to be completed and if the cases are complex, it can take even longer.

Early intervention in relation to rehabilitation obviously has proven benefits, and Labor is supportive of this measure that would look at enabling veterans to access rehabilitation earlier. The importance of this was highlighted in the 2011 MRCA review, which recognises the need for early intervention and noted that access to rehabilitation as soon as a claim is lodged is desirable. Early access to rehabilitation facilitates participation in economic activities and ensures that there are better benefits for wellbeing.

In addition to early intervention in rehabilitation, through-care is equally important. This is an issue that has been raised with me by a number of veterans, most recently at Raymond Terrace in NSW with the member for Paterson. Veterans have highlighted issues where they have begun rehabilitation while still in Defence, which then has stopped while liability was being determined by DVA. Not only does this gap delay improvement but it can also result in a veteran's progress and recovery going backwards. I trust this is an area that could be considered as part of the trial in the pilot program.

Under these amendments, a six-month pilot program will be established by the Department of Veterans' Affairs, involving 100 people whose claims are viewed as likely to be approved. The program will be entirely voluntary with the option of opting out. We have been assured that if the claim for liability is later rejected, the department will transition to individual to a community-based rehabilitation provider to continue their treatment if they wish. Importantly, the MRCC will not seek to recover the costs of the rehabilitation services provided through the trial. These are important assurances that have been provided to Labor. While the trial is initially limited to 100 veterans, I am hopeful that this is just the start and that it will identify good results so that this trial will be able to be extended to more veterans.

Labor is always supportive of processes which are designed to improve outcomes for our ex-serving defence personnel. We certainly think these measures are needed and good. That is why Labor will support these measures. I commend the bill to the House.

Jane Prentice (Ryan, Liberal Party, Assistant Minister for Social Services and Disability Services) Share this | Link to this | Hansard source

As a government and as a country, we must do everything in our power to support Australia's service men and women, veterans and veterans' families. The coalition's fair and equitable 2017 budget supports Australia's veteran community. The Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017, a bill welcomed by the veteran community, will implement three of the government's 2017 budget announcements for their community.

Specifically, this bill will provide medical treatment for all conditions to Australian participants of the British nuclear tests and Australian veterans of the British Commonwealth Occupation Force. This is a welcome measure, as the longstanding provisions within the Veterans' Entitlements Act 1986 had no scope for the participants to be granted treatment for all conditions based on the nature of this service alone. This amendment, however, will provide full treatment for all conditions to those who participated in the British nuclear testing program in Australia at Maralinga. It also seeks to include those veterans who served as part of the BCOF who took part in the occupation of Japan immediately after the Second World War. In recognition of these veterans' possible exposure to ionising radiation, the government will provide a gold card to veterans which will enable them to access medical treatment for all conditions.

A local constituent, a retired serviceman in his late 80s telephoned my office just after the 2017 budget announcement and was incredibly grateful that he was finally getting access to a DVA gold card. For him this not only provides certainty for his health care but also forms a significant recognition of the invisible danger to which he and many of his fellow colleagues were exposed.

I must also note that this measure includes a number of civilians who were in the same vicinity as these tests. This includes pastoralists and members of the Indigenous community.

The second measure of this bill amends the current outdated work history restrictions for the special and intermediate rates of disability pension to better reflect working norms. The special rate of pension was designed for severely disabled veterans of a relatively young age who could never go back to work and could never hope to support themselves or their families or put away money for their retirement. On the other hand, the intermediate rate of pension was designed for veterans who can only work on a part-time basis due to a service-related disability. The changes proposed in this measure remove the current requirement for claimants 65 years or older to have worked for 10 years in the same profession. This further beneficial measure for veterans will now mean that they would require a period of 10 continuous years of work in any field or vocation prior to an application for the special or intermediate rates of disability pension.

The last schedule of this bill will enable early access to rehabilitation through a pilot program by inserting instrument-making powers into the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 and the Military Rehabilitation and Compensation Act 2004. This would enable the Military Rehabilitation and Compensation Commission to determine a class of persons eligible to participate in an early access to rehabilitation pilot program. Presently, rehabilitation can only be provided once liability has been determined, a matter which can take months to resolve. A six-month pilot program providing early access to rehabilitation to 100 participants will be undertaken in the 2017-18 financial year.

Just like the coalition's determination to ensure our Defence personnel seek early intervention for mental health conditions for positive outcomes, so too are we determined to ensure early access to rehabilitation. Early access will facilitate the individuals partaking in economic activities with all of the ensuing benefits of work and recovery. This participation in economic activity will also assist in minimising the ongoing effects of injury and illness and promote recovery and wellbeing. Currently, veterans and ADF members with eligibility under SRCA or MRCA have to wait until their initial liability claim is accepted before they can access rehabilitation services. Assessing a claim typically takes around four months, and for complex cases it can take even longer.

As those of us from Defence families know, the war does not stop on the battlefield. In most instances—cases may vary by individual—Defence personnel exhibit some form of post-deployment challenge, such as a change in sleep patterns or reclusion. In more serious cases we see violence and substance and alcohol abuse. The families of deployed servicemen and servicewomen bear the brunt of military life, so it is fitting that there are organisations in Australia that seek to help those who fall on hard times.

I segue now to an organisation of which I am patron and in which I take a great deal of interest and support: Wounded Heroes. Wounded Heroes is a national community organisation established in 2008 to provide first response support services for deployed personnel, the wounded and their families. As an emergency crisis support provider, Wounded Heroes provides short-term emergency relief payments to individuals and their families. This can mean paying to put the electricity back on or filling the fridge with food if the family is going through a challenging time. Through my contact with the CEO of Wounded Heroes, Mr Martin Shaw, and their president, Jim Shapcott, I have been told that a lot of emergency response support goes to sufferers of PTSD. PTSD does not rest solely with the wounded hero. It also affects smaller heroes—the children, who, as I mentioned, so often bear the brunt of postdeployment issues.

I mention Exercise Stone Pillow to demonstrate the dedication of Army Corporal Elena Rowland, who established the cause in 2013 when she recognised a need for a better understanding of the issue of homelessness within the Australian veteran community. This exercise also raises vital funds for organisations which provide housing and support to homeless veterans and their families. I commend Wounded Heroes for their continued campaign to care for Australian defence personnel and their families.

To ensure that the benefits of this bill are reaped by the veterans community, the timely passage of this bill is critical. These beneficial measures should be supported by all in this House. I am proud to be part of this coalition government, which has invested an additional $350 million in the 2017 budget to support veterans. I place on record my appreciation and praise for the efforts of our defence force and indeed former, current and future personnel for their service. I commend this bill to the House.

Meryl Swanson (Paterson, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak in support the Veterans’ Affairs Legislation Amendment (Budget Measures) Bill 2017, and I would first like to acknowledge Mr Dean Da Costa, who is with us in the gallery today. Thank you, Mr Da Costa, for being with us. I know that you will benefit from this bill, as you served at Maralinga, and I thank you so much for your service to your country.

I would also like to speak more about the third schedule in this bill, which relates to the establishment of a pilot program by the Department of Veterans' Affairs to provide rehabilitation services to veterans while their claims are being processed. It is this aspect of the bill that I want to focus on. It is very good news for veterans. Currently they have to wait for their liability claim to be accepted before they can access rehabilitation, and precious time is lost. Early access to rehabilitation is so vital. The sooner we get the rehab started, the better it is. It helps the veteran return to work, where possible, with all the benefit that work brings to recovery and wellbeing. And we all know that being productive and having a purpose is important.

Improving outcomes for our ex-service men and women ought to be a priority for all of us. We ask a great deal of our defence forces. Yet sometimes when they return home we do not look after them as well as we could. The Williamtown RAAF Base is in my electorate, and the Singleton Army Base is nearby. Serving personnel and veterans are a part of our communities and our families. They are our sons and daughters, our mothers and fathers, our friends and loved ones. Recently I was pleased to host Labor's shadow minister for veterans' affairs and defence personnel, the member for Kingston, in Paterson. I invited her because of the issues raised with me by serving personnel, veterans and their loved ones. We gathered together in groups of personnel and veterans. Some had written to me asking for help. Others heard about the visit through their networks and wanted to have their say—and good on them.

Their issues all boiled down to the same theme. When personnel leave Defence, the base gate shuts behind them and stays shut, never to be opened again. They feel a sense of isolation and abandonment that they no longer have a purposeful job, that they are no longer part of that tight-knit Defence family. And even if they are lucky enough to have escaped physical or mental injury, they are scarred by a transition to civilian life that is neither seamless nor well supported in many cases. I would like to read an email I received from one veteran:

Meryl,

I just watched a story about the epidemic of veteran suicides on SBS. I was horrified. It informed me that a man I used to work with took his own life. He was one of the most positive and well-respected people I have ever had the honour of working with.

Defence has failed him, and it has failed countless other victims. The Veterans Affairs Minister was given the chance to contribute to the discussion. He twice mentioned that there are budget allocations for veterans' assistance and that he was "listening". Well, here is a tip for him. Instead of listening, start doing. The longer you make people wait for help, the less likely they will ask for it.

I have been trying to lodge a claim now for at least 10 years. Most of that time has been spent psyching myself up to attempt to deal with the insane amount of red tape.

I suffered in service of my country. All of us who have served our country deserve more than what we are currently stuck with. I am sick of being told I don't matter.

Veterans were raising not just problems with us but solutions, as well. They hold regular coffee mornings, bush retreats, physical challenges and interventions when drugs take their toll.

Look around the world and see what other countries are doing, they suggested to us.

Give veterans access to base amenities – so that they can use gyms and computers.

This happens in other parts of the world.

Involve them in base activities. Make them feel welcome. Give them a chance to work - with the right training for the right jobs. Recognise their skills and their qualities. Prioritise them as employees. Work with their families.

This is such a critical part of it.

Resource their advocates. Do not kick them out of Defence Housing on the day they are discharged. Talk about the drug problems. Talk about post-traumatic stress disorder. Talk about suicide. Make it easier to make claims, and easier to transition to civilian life.

That is one of the most critical messages that they give.

These people are the personality types who want to be in service. They want to serve their country. They step forward to serve their country. They want to have purposeful lives. Then, when that is cut off, it is not just that they have not got a job to go to. It is part of the very core of who they are—having that purpose to be in service to others. That is also cut off in many cases. That is really part of the scars that you cannot often see.

We need a cultural shift in the way that we think about our ex-serving personnel. We need to be not just listening but doing. One veteran told me:

I have seen many broken people after service. Everyone has bad days, but if our medically-discharged personnel cannot get a foot in the door of a workplace because of a mental health issue, then what does that say? Give vets a chance to belong again - do not write them off.

And from another:

As Defence personnel, we are top of the pops. And then we are worthless. It's us and them, and we are no longer them.

It was an emotional day that we spent with veterans in my electorate. The messages were very important.

In an uncertain world, Australia is being asked to commit more troops to faraway conflicts. Our young people step forward to serve their country. Our more experienced personnel choose to go back. We need to make sure that when they come home we step forward to look after them. This bill goes a small way towards recognising that we need to make it easier for veterans, but we do have a long way to go.

Nola Marino (Forrest, Liberal Party) Share this | Link to this | Hansard source

Australia has led the world in taking care of its veterans. The Returned and Services League was formed in 1916 to continue the camaraderie, concern and mateship shown amongst Australian diggers. It focused on the welfare of returned servicemen from the First World War. From a population of fewer than five million, 416,809 men enlisted—of whom more than 60,000 were killed and 156,000 were wounded, gassed or taken prisoner. It is worth noting that more than a quarter of those who landed at Gallipoli on 25 April were Western Australians. In fact 32,231 men volunteered in WA. This was 10 per cent of our population at the time. It was the highest proportion of any state.

The RSL was born from that conflict and it has looked after Australia's veterans from all subsequent conflicts, including our current veterans returning from more recent operations. The 2017 budget represents some very significant changes in how we look after and respect our veterans, and our current serving members. The Turnbull government is investing an additional $350 million to support our veterans. A major focus of that is on mental health. The rate of suicide especially amongst recent veterans is far too high, and the government is committed to turning those numbers around. We are building on the measure announced last year that gave free and immediate treatment for those suffering from depression, anxiety, PTSD and alcohol and substance abuse. Under this increase in spending, the government is committing to providing treatment for all mental health conditions. From now on, active personnel and veterans will receive free and immediate treatment without the burden of proof that prolongs the process and can actually worsen the health outcomes. It will make an immediate change in how veterans receive health care and relieve them of the anxiety—and it is anxiety—of going through a sometimes torturous process with the Department of Veterans' Affairs to simply prove their condition. There will be additional funding to streamline the DVA processes.

I know all of this will be welcomed by the nine RSLs and the veterans they support in my electorate. I now want to acknowledge, and thank them for, the huge amount of work done by my local RSLs' welfare officers and advocates, who assist our veterans—wonderful volunteers like Ken Parish of the Bunbury RSL, Bev Streeter, Rob Lennox and Graeme Caddy of the Busselton RSL and Les Liddington of the Harvey RSL, to mention just a few. I also want to thank the office bearers and members of all RSLs in my electorate of Forrest, who are so genuinely committed to the physical and mental health and wellbeing of their members.

There are several other important measures, one of which has relevance to my home state. The government will provide health care for Australian participants of the British nuclear tests and Australian veterans of the British Commonwealth Occupation Force. This is very important, because in Western Australia three tests were conducted by the British government on the Montebello Islands off the coast of WA. This measure is significant, and I thank and acknowledge the minister and the Turnbull government for this initiative. The extension of a gold card to access medical treatment will also be granted to veterans of the British Commonwealth Occupation Force.

All of these measures are of practical value to our veterans. They show the government's ongoing support for and commitment to veterans for the service they have provided to this country. I would say it extends to the families by default. I think I would be one of the few people in this House who is the daughter of a war widow, and I know what my older sisters and mother went through as part of that.

So I commend this bill to the House and thank the government for taking these initiatives to show respect and support for our veterans and those ahead who will access these services.

Tony Zappia (Makin, Australian Labor Party, Shadow Parliamentary Secretary for Manufacturing) Share this | Link to this | Hansard source

I rise to speak on the Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017. In doing so, I support the comments of the member for Kingston who spoke earlier today and reflected Labor's position on this legislation—legislation which we will support.

This legislation is long overdue. It recognises the injustice that many Australians have lived with for decades—an injustice that I have spoken about in this place on other occasions. I refer to the injustice that arose out of the British atomic testing program carried out between 1952 and 1963 at the Montebello Islands off the coast of Western Australia and at Emu Field and Maralinga in South Australia. The contamination and health effects from those tests still affect some Australians today.

When I spoke about this matter in 2014, I quoted the words of Reuben Lette, who summarised the injustice so well in a letter that he had sent to me and, I expect, to other members of parliament. At the time, Reuben Lette believed that there were fewer than 700 veterans still living who had been affected by the testing. Today, I pay tribute to Ben Lette and all of those people who, over the decades, have never given up the fight for justice, not just for themselves as servicemen but also for the civilians whose lives were placed at risk because of the testing. To use their language: 'We were used as human guinea pigs.'

The even greater shame is that governments in Australia and Britain continued to deny the realities of what happened and continued to deny the compensation and medical support that victims were entitled to. Service records disappeared, and a culture of deny and frustrate prevailed throughout government departments that had responsibility. Just as disgraceful, personnel who were in any way associated with the tests were obliged to sign a secrecy statement at the time preventing them from speaking about their experience and knowledge of testing in the subsequent years.

Because the Edinburgh RAAF base and the co-located weapons research establishment were linked to Maralinga, several people I came to know from Adelaide's northern suburbs had personal knowledge of the tests. One of those persons is Brian, otherwise known as Mick, Lennon. Mick was employed at the time by the Department of Supply at the weapons research establishment and was later sent to Maralinga as a fire safety officer. He was there from 1955 to I believe the end of 1956. He was there when, he believed, eight of the tests were carried out at Maralinga and Emu Field. I believe there were two at Emu Field and six at Maralinga. He also went through the so-called safety measures, which included having an antiradiation injection before the test occurred. The procedure itself confirmed that the serious risks were known and anticipated. I have also seen documents from a person who was based at Maralinga at the time, which confirmed to me that the serious risks that were associated with the tests were known to authorities at the time as well.

Mick was one of the fortunate ones who survived, but he saw several of his colleagues die within months or within a few years of the testing. He recounts to me how one of his colleagues in the days after the testing literally glowed in the dark. He saw firsthand the horrific health effects that they died from.

One of the pilots who flew the plane which dropped one of the bombs was also a Salisbury resident and also known to me. I will not name him because he has since passed away. After dropping the bomb that he was instructed to drop, he turned to return to base at Woomera using the flight path that he expected would enable him to avoid the huge dust cloud from the explosion. Unfortunately for him, the wind unexpectedly changed direction, causing his plane to fly straight through the plume of dust and smoke. Years later he too became very unwell, and he eventually died of cancer.

Throughout those years, he attempted to be granted the gold card for his service, but his applications continued to fall on deaf ears. He was never given the gold card. His medical records went missing, with some claiming that they had been sent back to the UK. Indeed, many of these service personnel who were there at the time were UK service personnel. Interestingly, a lot of them, after the tests, were immediately sent back to the UK because they had also been in the front line of the risk. There were also Canadians there at the time.

If a private company had denied their responsibility, as the Australian and British governments have, there would be community outrage and very likely government intervention. Yet, regrettably, a different set of rules has applied for governments. Six decades later, the recognition that has been denied for too long has finally been acknowledged. Whilst we support this legislation, as will, I am sure, those who are still surviving and will be entitled to the gold card and other benefits that arise from it, regrettably, for too many it is too late.

Rowan Ramsey (Grey, Liberal Party) Share this | Link to this | Hansard source

I rise to speak in support of the Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017. I am proud to be part of a government which supports our veteran Australians. The government has invested an additional $350 million in this year's budget to support our veterans. More than 300,000 Australians rely on the government through support from the Department of Veterans' Affairs. These veterans, their families, dependents, widows and children, are a community that is growing younger, which sounds a little counterintuitive. As our World War II vets and even our Korean war vets pass away, the new point of focus is increasingly on those who have served in the Middle East.

Our service men and women put their lives on the line for the nation in the defence of our values. They have served their country with the belief that democracy and freedom are ideals to be upheld around the world. The sacrifices made by veterans and their willingness to fight in defence of our nation merit our deep respect and praise, and they deserve the very best Australia can offer in benefits and medical care. Often veterans return from service with wounds that are not obvious—wounds that we cannot see. Young men and women who are damaged by their experiences need support. Our older veterans struggling with psychological issues as a result of war experiences also need support, as do their families.

The coalition is committed to providing veterans with the mental health care services they deserve and need, and the coalition will continue to support the mental health of our veterans. Our deepest gratitude and unparalleled respect must go to the men and women who keep us safe. Sometimes, unfortunately in the past, we have failed at repaying them in the ways they need when they most need it. It is the commitment of the coalition government that we ensure that we have a better understanding of the difficult mental and physical health issues that veterans face each day and help these men and women and their families face the battles they fight when they get home. Too often those emotional scars of service and resultant mental health issues can contribute to veteran homelessness or place veterans at the risk of homelessness.

We have committed to mental health services for veterans to help them get back on their feet by making treatment for depression, post-traumatic stress disorder, anxiety, and drug and alcohol misuse free for everyone who has served a day in the full-time Australian Defence Force. The coalition are committed to ensuring that current and future veterans and their families have the support they need, and we have a strong record in supporting veterans by ensuring more financial support and services to individuals than ever before. This bill will help this happen, but it is just part of a raft measures that we have provided to veterans over the last 12 months.

The government has already created a significant legacy of achievements, including veteran mental healthcare treatment on a non-liability basis, gold cards for the British nuclear test veterans and the British Commonwealth Occupational Force veterans and, most importantly, delivering fair indexation for military superannuation. These measures focus on both the physical and the mental health of the veteran community and their future. We have assisted thousands as they have dealt with these difficulties.

The government is providing more than $11 billion a year to support veterans, including through healthcare, income support pensions and allowances, by providing: $9.8 million to pilot new approaches to suicide prevention and improve care support available to veterans; $2.7 million to get veterans into the workforce through the Veterans' Employment Program, launched in November last year; $166 million to be provided in this year's budget to implement and modernise the Department of Veterans' Affairs antiquated ICT systems to provide easier access through DVA services; $18 million as part of the government's energy for the future package so that more than 235,000 DVA clients will receive one-off payments for energy bills; $9.1 million for accelerated access to rehabilitation services, incapacity payments and improved access to totally and permanently incapacitated disability pension for veterans working past the age of 65; $1.2 million to continue the income support bonus for DVA clients receiving an education allowance under either the Veterans' Children Education Scheme or the Military Rehabilitation and Compensation Act Education and Training Scheme; and $5 million for the Australian War Memorial to examine ways to provide additional exhibition space.

In my electorate of Grey, we have a veteran community that strongly supports veterans. It is, I think, very poignant that in these bills we are recognising those who served in those British atomic tests, whether they be military or not. They were, of course, largely conducted in my electorate at Maralinga and Emu Field and other places. These tests have long been a mark of perhaps misdemeanours—things that we did not understand at the time—and it is right that we should move to help those who were most affected.

We are blessed to have strong, outstanding members of the veterans community in my electorate, like Vietnam vet Haydn Madigan of Port Pirie, who has supported and helped his fellow veterans for decades. He served in Vietnam in 1968 and 1969. He has been local pension and welfare officer since 2005 and he is a TIP trained to level 4. Haydn spent nine years as president of the Port Pirie RSL sub-branch and three years on the SA state board. He knows his veteran community. He recently told me just how much his community has benefitted from the coalition's veterans policy. He congratulated the Minister for Veterans' Affairs, Dan Tehan, for improving the accessibility of mental health support to all veterans. He said:

This has previously been a traumatic process for the Veterans to go through and not all veterans have been able to access it at all. It finally recognises that veterans can be affected by their service.

Haydn said the Veterans and Veterans Families Counselling Service has been of great benefit to veterans and their families and that its continued government support will benefit veterans and their families. He said:

Veterans find it difficult to seek employment outside the Services. The proposed 'Employment Programme' will greatly help their prospects of finding employment.

And he has welcomed the adjustment to schedule 2, which removes one of the major tension points in veterans applying for intermediate and special pensions.

Haydn said once you are part of DVA they are terrific, but the process of being accessed is a terrible painful process and it stops a lot of veterans applying for a disability pension. In his words, 'This was an archaic requirement and caused many veterans great hardships when applying for a pension.'

So, in conclusion, I support this bill. I am confident that the combined efforts of our veteran support networks and the coalition government will ensure the best outcomes for those who have given selflessly to the service of their nation. I end this contribution by quoting John F Kennedy:

As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them.

Josh Wilson (Fremantle, Australian Labor Party) Share this | Link to this | Hansard source

I welcome this bill, the Veterans Affairs Legislation Amendment (Budget Measures) Bill 2017, whose chief purpose is to provide better health care for those affected by the British nuclear tests, and I give credit to the government for including this measure in the budget.

Considering those tests occurred 75 years ago, the measures are long overdue, and the people who will benefit from them are a very small proportion now of those who were affected, because many of those affected have died, often from being exposed to atomic radiation. A study in 1999 for the British Nuclear Test Veterans Association found that 30 per cent of those involved in the tests died of cancer, most in their fifties. The experience of Australian veterans and affected civilians has been the same: high rates of cancer, bowel disease, hip and spine deformities, and crippling depression. That is why it is important to reflect on the long and painful road that has brought us to this point. And I thank other members for making contributions, including the member for Makin, who I listened to earlier.

Not many Australians would appreciate that we consented to having 10 atomic bombs exploded in Australia, a number of which were more powerful than the weapons dropped on Hiroshima and Nagasaki. Three were detonated in the Montebello Islands off the coast of Western Australia. Seven more were detonated in South Australia. On 27 September 1956, a 15-kiloton atomic bomb of the type called Red Beard was detonated from a tower at Maralinga. The mushroom cloud rose to a height of 11,400 metres, and radioactivity was detected in South Australia, the Northern Territory, New South Wales, and Queensland.

These facts are not well known because the tests were conducted without proper scrutiny, and their impact was covered-up. I take this opportunity to pay tribute to the people who worked hard and against a great deal of obstruction for many years to bring this part of our history to light—people like South Australian whistleblower Avon Hudson and journalists like Brian Toohey and Mark Colvin. And I encourage members to consider reading the fantastic recent book by Elizabeth Tynan called Atomic Thunder, about this dark episode in our history. It is available in the Parliamentary Library. I have it out currently, but will return it very soon.

I am grateful to have the opportunity in this week to reflect on the British nuclear tests. That is partly because it is Reconciliation Week. Among the several and severe shortcomings in the decision-making process that led to the British nuclear tests was the unthinking and careless dispossession and displacement of Aboriginal people.

It also happens this week that when I am back in Fremantle I am scheduled to meet with two Western Australian members of the Australian ex-Services Atomic Survivors Association—Mr Ray Whitby and Mr Rex Kaye. Ray Whitby was present at the Montebello tests, aboard HMAS Fremantle. He was 18 years old. He has suffered ill-health ever since, and he and his wife experienced five miscarriages. Those have been prevalent in the families of fellow sailors. Rex Kaye was in the Air Force and based at Woomera in the 1960s. On three separate occasions he was given the job of cleaning down a Vickers Valiant bomber that had flown through the mushroom clouds to collect samples. In 2000 he was diagnosed with chronic myeloid leukaemia.

The decision to detonate and blow-up atomic weapons was made without reference to the Pitjantjatjara or Anangu people. Whole communities were forcibly relocated to Yalata and Oak Valley, and traditional lands were poisoned forever. The area that South Australian Len Beadell surveyed as a test location was initially called X300. It was then named Maralinga for the purpose of the tests. It is not a local name; it is from a language group in the Northern Territory and it was chosen because it means thunder.

The worst contamination at Maralinga was not caused by the detonation of the atomic bombs but by the hundreds of explosions in the Vixen test series, which involved blowing up plutonium to see what would happen if a nuclear bomb should ever be in a plane crash or subject to an artillery strike. This involved 22 kilograms of plutonium, and it left thousands of fragments of plutonium all over the land's surface. Maralinga is now one of the most contaminated places on the planet.

Several clean-ups occurred over the decades from the 1950s to the present—the 2000s. The early ones were poorly planned and ineffective. The most recent clean-up occurred as one of the processes that followed the McClelland royal commission, which the Labor government initiated in the 1980s. That clean-up actually took place between 1996 and 2000. It cost $108 million and I understand it took some considerable effort to get the United Kingdom to agree to pay for half. Three-hundred and fifty thousand cubic metres of soil and debris from within a two-kilometre area at Maralinga was removed and buried in trenches.

I will finish by again welcoming this important, if long-delayed, further instalment in responding to the profound damage inflicted on our people and our country by the British nuclear tests, which we agreed to. We would do well to reflect on the cultural and structural decision-making framework that existed in Australia at the time, because it allowed harm to occur—enormous harm—and allowed that harm to be covered up and to go unaddressed for a long time. It is still unhealed.

The Australian government of the time was utterly careless in its consideration of Aboriginal people. It perpetrated a 1950s form of terra nullius in the dispossession and displacement of Pitjantjatjara and Anangu people. And the Australian governments at the time and since have not shown sufficient care for Australian service people, many of whom had their lives severely blighted and shortened by exposure to atomic radiation. As Rex Kaye has said, 'I spent years trying to be recognised as an atomic veteran, and I don't trust the government anymore.'

Finally, I think it is crucial that we reflect on the fact that nuclear power and nuclear weapons continue to pose an extraordinary threat to human life and to the health of our planet. We should not regard that as someone else's problem. More Australians should know that their government is currently boycotting the United Nations process to advance a draft treaty banning nuclear weapons. One-hundred and thirty countries signed up last week; we continue to obstruct that process. More Australians should know that earlier this year we entered into a new agreement to supply uranium to the Ukraine for its civilian nuclear program.

As we adopt an important but long-belated and imperfect measure to deal with the atomic radiation we inflicted on ourselves 75 years ago, let's be careful that we are not sleepwalking along the path to the next nuclear disaster.

Gai Brodtmann (Canberra, Australian Labor Party, Shadow Parliamentary Secretary for Defence) Share this | Link to this | Hansard source

It is a great honour to be here today speaking in favour of the Veterans’ Affairs Legislation Amendment (Budget Measures) Bill 2017 and the recognition it provides for our veterans—people who have fought so hard for our country, who have fought to preserve our nation's security and our democracy. I thank these men and women for their service to Australia and I also thank current serving Australian Defence Force members for their service to our nation, their continuous protection of our nation.

This bill has been amended to address many facets of veterans' affairs and post-service life that until now have been overlooked, including allowing interim incapacity payments at 100 per cent of the normal earnings to be paid until superannuation entitlements and a final incapacity rate are determined. It extends access to non-liability mental health treatment to all past and current serving men and women irrespective of the length or type of service. It aligns the end date of veterans' incapacity payments with the incremental increase in the age pension age and it acknowledges the experiences of the veterans involved in British nuclear testing here in Australia.

Labor welcomes this expansion. It means these veterans can now get the treatment they deserve. Also, it acknowledges the long-lasting consequences of the nuclear tests. In addition to providing full health coverage to British Commonwealth Occupation Force veterans, the bill will also cover pastoralists and Indigenous people who lived or worked in the vicinity of the testing sites. Including Indigenous people in health coverage for the British nuclear testing in Australia is a landmark decision. In the 1950s and the 1960s, when this testing was underway, Indigenous people, as we have found out in this chamber over the last two weeks, were the invisible people. In 1956 a test site and airstrip, known as Section 400, was built at Maralinga in South Australia, the home of the Anangu people. It served to achieve Britain's nuclear power status during the Cold War.

Nuclear testing at the site greatly affected the Anangu people. Many were forcibly removed from the area and others refused to leave. Around 12,00 Anangu people were exposed to radiation at the time, suffering not just from radiological damage but psychological, social and cultural damage. The Anangu people lost their ability to deeply connect with their land, with their country, which was a huge blow to their spirituality, their sense of self, their identity, their being, their culture. And they lost their health. The radioactive fallout had serious effects such as sore eyes, rashes, vomiting, fever and early death. We have all seen the consequences of this radioactive fallout and how shattering it is physically and how appalling it is physically.

In 1985 the royal commission into British nuclear testing in Australia showed little concern about the safety of the Indigenous people living off the land around these testing sites. Fortunately, in many ways, the issues have been addressed in terms of Indigenous justice since settlement. We still have a long way to go in terms of closing the gap; and this bill in some way helps to close the gap on this appalling issue, this tragic issue, which in many ways is a blight on Australia's history in terms of the treatment of the Indigenous community in this area.

I cannot think of a better time than Reconciliation Week for this bill to be debated. Last week, we had the anniversaries of the Mabo decision and the 1967 referendum. The issue at stake here is reconciliation and an acknowledgement that the Anangu people suffered. In a small way, this bill acknowledges the anguish that the Anangu people faced when they were forced to live with the health consequences of the British nuclear testing in Australia. The bill addresses coverage for those people, who at that time were written out of history, were invisible in history, and whose health needs and needs in general were ignored for so long. The treatments available will include treatment for all conditions, not just malignant neoplasia, and its expansion has been welcomed by the veterans of the British nuclear testing and British Commonwealth Occupation Force. I am sure it will be welcomed by the Anangu people and Indigenous communities right around Australia who suffered during the testing.

We need to ensure this kind of history never, ever repeats itself. As we have heard from my colleague beforehand, the land at Maralinga is still contaminated, despite the government's best efforts to cleanse it, clean it and rehabilitated it. That has happened three times—not once, not twice, but three times. That was in 1967, 2000 and 2009. The contamination of land is debilitating for all the people who live around the area: for the farmers, it affects their ability to make money and to feed their families; for the families, it creates uncertainty about whether kids are safe playing in the backyard; and for the Indigenous communities, the Anangu people who live in that area, it decimates their whole culture and their connection to land—that ability to connect land with their culture and to connect with their country.

Before a close, I just want to acknowledge the service, hard work, tenacity and tireless efforts of the National Boer War Memorial Association. Yesterday, after decades of fundraising, the National Boer War Memorial was finally dedicated. It was a wonderful ceremony. I attended it with the shadow assistant minister for veterans affairs. I just want to, for the record, say the names of who contributed so much after so long. This has been a tireless effort and a great exercise in tenacity. It is a great showcase of tenacity.

I acknowledge Colonel John Haynes, Lieutenant Colonel Ron McElwaine, Lieutenant Colonel Tony Larnach-Jones, Lieutenant Colonel Ian Guild, Major General Iain Spence, Bill Woolmore, Lieutenant Colonel David Deasey, Donna Hampton, Colonel Bob Guest, Chris Dawson, Lani Davis, George Bazochka, Major John Neenan, Lieutenant Colonel John Howells, Peter Wilmot, Monty Smith, David Thomas, Nigel Webster and all of the fantastic Boer War Memorial Association people here in the ACT who I have become very close to over the course of the last few years. I acknowledge Paul Hanlon, Reg Watson, the fund committee that was involved in this and everyone who is involved in making this National Boer War Memorial a reality after so much time and after so many decades. Thank you, congratulations. It is a major contribution to the memorialisation of those who served and died in the Boer War. It is a beautiful addition to Anzac Parade. It was an honour to be there at the dedication with my colleague, the shadow minister for veterans affairs, yesterday and it has been absolute showcase of tireless dedication and tenacity. Congratulations to all involved.

Ross Hart (Bass, Australian Labor Party) Share this | Link to this | Hansard source

I rise today to speak on the Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017 that is currently before the House. I have listened with great interest to the very insightful contributions that have been offered to the House by the members for Fremantle and Canberra. In particular, regarding the decisions that were made many, many years ago. I do trust the decisions that we take these days in this place have a greater sense of the impacts that we have on others and, in particular, on our Indigenous peoples.

The first schedule of this bill amends the Australian Participants in British Nuclear Tests (Treatment) Act 2006. It legislates for treatment for all conditions with respect to participants in the British nuclear tests, the BNT program in Australia; the British Commonwealth Occupied Force, the BCOF program; and civilians who were present at a nuclear test area during what is referred to as a relevant period. As I said earlier, these are obligations created in a bygone age at the commencement of what we now know to be the Cold War, when our understanding of what was appropriate with respect to nuclear materials handling was in its infancy.

The BNT program saw the United Kingdom conduct 12 major nuclear weapons tests in Australia during the 1950s on the Montebello Islands off Western Australia and at Emu Field and Maralinga in South Australia. As we heard in the address of the member for Freemantle, it seems that the obligations that we took upon ourselves at this time were to comply with the wishes of others overseas—particularly from the United Kingdom—without regard to the effect upon our people, our citizens and, in particular, our servicemen and women and Indigenous landowners. It seems from the present day looking back that there was no regard, or insufficient regard, for the rights of the Indigenous occupants or traditional owners of those lands. Again I thank the member for Freemantle for his insight into the practical effects and the loss of connection with country. We are still dealing with the consequences now, 75 years later.

In this bill before us the definition of 'nuclear test participant' is deliberately broad and it includes a person present in a test area and individuals involved in the transport, recovery, maintenance or cleaning of a vessel, a vehicle, aircraft or equipment that was contaminated as a result of its use in the nuclear test area. The definition also includes those BCOF veterans sent to Japan in 1946 to oversee the removal of the country's war-making capacity and maintain military control. As the legislation currently stands, there are no provisions for BNT participants and BCOF veterans to be granted treatment for all conditions under the Veterans Entitlement Act based on their nature of service. In 2010, the then Labor government provided additional assistance to BNT veterans who were also members of the ADF by reclassifying their service as non-warlike or hazardous peacekeeping service. This classification provided some nuclear test participants with access to some assistance under the Veterans Entitlements Act. This included access to the disability pension and the war widows pension. The bill that we have before us now extends that treatment to BCOF veterans and civilians, as well as providing full health coverage for all conditions. This is a good measure.

I do note that the expanded coverage does not extend to the wives and widows of the veterans or to their children. Nevertheless, a widow may be entitled if that person can satisfy the usual requirements for a war widow's pension. This is a concern to me personally, given reports that the children and grandchildren of participants in the BNT program suffered from increased rates of a range of medical problems such as cancer, birth defects and heart disease, and increased rates of miscarriage and stillbirth. In fact, during the address from the member for Freemantle we heard the personal experience of one veteran in that respect. However, unfortunately that is not a matter for veterans entitlements legislation but another far more complex conversation about our obligations with respect to past wrongs. I acknowledge that the expansion as it stands has been welcomed by BNT and BCOF veterans, many of whom have experienced significant health complications. Veterans should be able to not only receive the treatment they deserve but also have their experiences, and the long lasting consequences of those experiences, acknowledged.

Schedule 2 of this legislation seeks to amend the current outdated work history restrictions for the special and intermediate rates of disability pension provided to the VEA to better reflect modern working arrangements. These changes will remove the current requirement for claimants over 65 to have worked for 10 years with the same employer and for self-employed clients to have worked a minimum of ten years in the same profession, trade vocation or calling. Rather, the work history will only require a period of 10 continuous years of work in any field or vocation prior to applying for the special or intermediate rates of disability pension. This is an inherently sensible reform, given the reality of the modern work environment, where people have the potential to have many careers over their lifetime.

The final schedule of this legislation inserts instrument-making powers into the Safety, Rehabilitation and Compensation Act, and the Military, Rehabilitation and Compensation Act, enabling the Military Rehabilitation and Compensation Commission to determine a class of persons eligible to participate in an early access to rehabilitation programs. This is a most desirable outcome, given that early access to rehabilitation facilitates participation in economic activity, with all the ensuring benefits of work, recovery and wellbeing. The benefits of an early intervention such as provided for here are well recognised, and Labor is supportive of a process which is designed to improve outcomes for our ex-service Defence personnel.

Indeed, Labor is supportive of all three measures in this bill. However, I would echo the sentiments of the member for Kingston, the shadow minister for veterans' affairs. It is imperative that our veterans are able to get assistance when they need it. I meet regularly with veterans and representatives of service organisations who consistently indicate to me that the complicated and adversarial DVA claim process and the prolonged waiting times diminish their feelings of value and, in some cases, leave them questioning why they served at all. We must recognise and value the experience and sacrifice of current and former service personnel in serving their country both at home and abroad. They deserve specialised, tailored assistance. Further investment in frontline services and towards structural improvements within the Department of Veterans' Affairs must be a priority moving forward to best honour and support the veteran community.

Cathy O'Toole (Herbert, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017. In honour of our veterans, citizens and first nations people involved with the British nuclear tests in South Australia and Western Australia, I pay homage and respect to the battle these people have had to fight to get to this point today. I have the utmost respect for all veterans for the selfless service they have given to this country to ensure that we live in the democracy we experience today. I welcome this bill.

Between 1952 and 1963, the British government, with the agreement and support of the Australian government, carried out nuclear tests at three sites in Australia: Montebello Islands off the Western Australian coast, and at Emu Field and Maralinga in South Australia. Britain wanted attainment of nuclear power, and Australia was to be the dumping ground for Britain to get there. More than six decades later, the decisions of the then-Menzies government still cast a horrible shadow over our nation. These decisions were made by a government with a political agenda for national security and tapped in to the Cold War fearmongering. Menzies's decisions forever changed the lives of thousands of people, and they serve as a timely reminder in this place that political agenda must never be placed above the lives of Australian people.

What was referred to by the Anangu people as the puyu, meaning black mist, was a deadly cloud—as deadly as Hiroshima and Nagasaki. UK servicemen, Australian soldiers and civilians including our first nations people were exposed to radiation. Illnesses reported include cancer, blood diseases, eye problems, skin rashes, blindness and vomiting, which are all symptoms of radioactive poisoning. The decision by both the British and Australian governments to forcibly remove the Anangu people in Maralinga from their traditional lands in the lead-up to the testing was disgraceful. The forced relocations destroyed the traditional lifestyle of the Aboriginal families. The damage was radiological, psychosocial and cultural.

We can give compensation, but nothing will replace the land and the cultural connections, and no amount of compensation will make up for the loss of life that has occurred. Service men and women, citizens and our first nations communities not only had to fight deadly illnesses for their lives, but over the years have been forced to fight for recognition of what had been done to them and to continually fight for compensation. In 1984 a royal commission was established to inquire into these tests, and although the royal commission was welcomed it was still a long battle for those affected to reach this point today. In 2010 the then-Labor government provided additional assistance to British nuclear test veterans who were also members of the ADF by reclassifying their service as non-warlike or hazardous peacemaking service. This classification provided some nuclear test participants with access to some assistance under the VEA. But more needed to be done, and this brings us to the bill here today.

Approximately 1,800 British nuclear test participants and 1,100 British Commonwealth Occupation Force participants will benefit from these changes, which are intended to begin on 1 July 2017. Labor is supportive of all three measures in this bill which seek to deliver on legislative reform. The first item this bill seeks to address is to legislate treatment for all conditions to participants in the British nuclear test program in Australia, the British Commonwealth Occupation Force and civilians who were present at a nuclear test area during a relevant period. It was not only those servicing who were affected; it was also the people cleaning equipment, vehicles and aircrafts who came into contact with nuclear waste and later suffered major health issues.

The amendments in this bill build on those changes by the Labor government in 2010, extending treatment to veterans and civilians as well as providing full health coverage for all conditions. Schedule 1's amendments recognise that it is appropriate to provide treatment for all conditions for BNT veterans and BCOF veterans and civilians who were present at a British nuclear test area during a relevant period due to their possible exposure to ionising radiation. Changes have been included to contain a broader class of civilians to receive treatment, including our first nation people and other citizens in the vicinity of the nuclear tests. The amendments go a step further, by providing treatment for all conditions, not just malignant neoplasia.

Furthermore, this bill rectifies the current outdated work history restrictions for the special and intermediate rates of disability pension provided in the VEA to better reflect modern working arrangements. The final schedule inserts instrument-making powers to the Safety, Rehabilitation and Compensation Act and the Military Rehabilitation and Compensation Act, enabling the Military Rehabilitation and Compensation Commission to determine a class of persons eligible to participate in early access to the rehabilitation pilot program.

As it stands SRCA and MRCA claimants have to wait until their initial liability claim is accepted before they can access rehabilitation services. This process can take around four months to be completed, and for complex cases even longer. By contrast, those covered by the VEA are able to access assistance under the Veterans' Vocational Rehabilitation Scheme without submitting a claim, as long as they meet service eligibility requirements.

Today's bill represents many years of campaigning for these veteran citizens and our first nation people. As the member for Herbert, whose electorate is home to the largest garrison city in Australia, with a large veteran population, I welcome these necessary changes. Any bill, amendment or necessary change which seeks to make life better for our veterans, I will always strongly support. This bill not only enables all people who were affected by the Black Mist to receive treatment they deserve but also acknowledges their experiences and the long-lasting consequences they have endured as a result of these tests.

Nothing will bring back lives, but this bill seeks to rectify those wrongs made more than six decades ago and to pay homage to the lives of those citizens. May governments never act on political agendas to the detriment of our Australian people but rather act in the best interests of the people they are elected to represent.

Luke Gosling (Solomon, Australian Labor Party) Share this | Link to this | Hansard source

The Veterans’ Affairs Legislation Amendment (Budget Measures) Bill 2017 contains three schedules, and I particularly wish to focus on schedule 1. It legislates treatment for all conditions for participants in the British Nuclear Testing Program in Australia and the British Commonwealth Occupation Force and civilians who were present at a nuclear test area during a relevant period. This last category includes the Pitjantjatjara and Yankunytjatjara peoples of Central Australia. They have fought for many years for recognition of the impact of the British Nuclear Testing Program on their country and people. In 2010 the then Labor government provided additional assistance to the British nuclear test veterans who were also members of the ADF. This gave some of them access to some assistance, and the current amendments build on these changes. They extend treatment to occupational forces, veterans and civilians as well as full health coverage for all conditions.

Under these changes a broader class of civilians and Australian veterans will be eligible for treatment—pastoralists, other civilians and Indigenous Australians, like the Pitjantjatjara and Yankunytjatjara peoples who were in the vicinity of the nuclear test areas—and they will be covered. The changes have been welcomed by veterans, many of whom had experienced significant health complications. They are a result of many years of campaigning and as a result of campaigning by Aboriginal organisations and individuals such as Yami Lester, who as a 10-year-old lost his sight after British nuclear testing at Emu Field.

Labor welcomes these amendments. Not only do they enable veterans and civilians to receive the treatment they deserve; they also provide acknowledgement of their experiences and the long-lasting consequences they have endured. Sadly, many of those impacted have long passed. They were unable to access support and services. They have gone, but before they could know the dignity of acceptance of their experiences. These amendments provide an opportunity for us to reflect on all the men and women, Defence personnel and civilians, who have been impacted by war during peacetime.

I would like to particularly acknowledge a long-forgotten part of our military history, the occupation forces. Members of the British Commonwealth Occupation Force who were based in Japan from 1945 to 1952 included Australian troops who arrived there in February 1946. For two-thirds of the period of occupation the Commonwealth was represented solely by Australians. Throughout its existence the force was always commanded by an Australian officer and, although small when compared with the US occupation force, the Australians made a strong contribution proportionally to our population—as always has been the case. Australia has always fought above its weight.

From 1946 to 1952 Australian forces were responsible for the military occupation of Hiroshima Prefecture. About 16,000 Australians served there in the force. At the peak of its involvement the Australian force was responsible for over 20 million Japanese citizens and 57,000 square kilometres of country. It is worth reflecting on the role that those 16,000 Australians played for our country after the war. Their role was to disarm and demilitarise the former enemy and rebuild its basic infrastructure, including democracy after the long period that Japan was under imperial rule. I wish to acknowledge all Australians—as I said, around 16,000 of them—who served in the British Commonwealth Occupation Force. These amendments are for them.

I acknowledge also those impacted by British nuclear testing at sites like Emu Field and Maralinga. These amendments are for those people, too—people like Yami Lester. They act as a reminder of our history and the often shameful way we have treated veterans and those impacted by activities involving exposure to hazardous materials and chemical agents. I remember as a young boy Dad's equipment from the Vietnam War being in Pop's back shed. I remember wanting to play with it when I was a boy—even then I think I wanted to join the Army, as Dad had and as Pop had—but I remember Dad saying, 'No, don't play with that stuff yet because we need to give it a good wash—there was this stuff called agent orange.' It took some time for the harmful effects of that chemical to be known, and it behoves us to do our bit to make sure that our veterans, who may have been exposed to any form of hazardous materials or drugs, are looked after.

Mike Kelly (Eden-Monaro, Australian Labor Party) Share this | Link to this | Hansard source

It is a pleasure and a privilege to speak in support of the Veterans’ Affairs Legislation Amendment (Budget Measures) Bill and the measures it contains. Obviously the issue of the nuclear test veterans has been a longstanding one and it is good that in recent years we have been coming to grips with some of these issues, including taking measures to fix the situation of our former prisoners of war of the Japanese as well. Obviously the member for Solomon and I had similar circumstances in our growing up, completely surrounded by the stories of veterans and our family's veterans' history. Every generation of my own family has served in the Army. I remember very vividly growing up with stories from both of my grandfathers, my uncles and my father, and then as a young man going to university I used to do a night shift cleaning toilets in a rehabilitation ward in a veterans hospital. I watched veterans suffering from the effects of their wars, and then when they passed away during the night I would have to clean them up and take them down to the morgue. I would see comrades watching their friends being taken away like that. The stories, their circumstances and what they were enduring were seared on my memory. Then, of course, I served with some wonderful people over the course of a couple of decades in many situations and saw the circumstances of our modern veterans.

My father also worked on the nuclear test sites as a young man, and I remember him giving me a book about the nuclear tests, which I read as a young kid in the late sixties—I am giving away my age! Sadly, he passed away about 17 years ago so he will not see the benefit of this, but it is good that those veterans and civilians with us who were involved will be able to fall back on this legislation. The other provisions are also welcome.

I would like to compliment the Minister for Veterans' Affairs, Mr Tehan. I really do feel that he is a man who has these issues close to his heart. I have always had a lot of time and respect for him, going back to when he was chair of the intelligence and security committee. He always had the nation's security interests at heart. I am a bit concerned about the workload that he has, though. There are not enough members assigned to the portfolio. This is the lowest number of people involved in the Defence portfolio that we have seen, and I know that the Australian Defence Association has called for that to be addressed. The minister certainly needs some help, as he has quite a load of work, to free him up to concentrate even more on these issues.

I spoke yesterday about the impact on veterans of the approach to pensions that we saw in earlier budgets through this time of the coalition government. Thankfully those matters have been largely resolved. But I have been concerned about the impact of the removal of the energy supplement on our veterans, war widows, war orphans and their families. I have been inundated with emails about the effect of the removal of that supplement, and I really do call on the government to have another think about it, because it is going to cause a lot of grief out there in the community.

But I also welcome the minister's focusing on mental health issues. This has been a really serious concern for the whole community, looking at these terrible suicide rates that we have seen amongst veterans. For many years this was not being tackled properly, and I was pleased to see, when we came into government, that we came to grips to it in appointing Professor David Dunt to conduct a review of mental health services and support in the ADF. The review was a catalyst for more than $92 million to be invested and committed across DVA and Defence to improve mental health services for serving personnel and veterans. And we increased funding for the applied suicide and intervention skills training program to assist in that as well. We did the independent study into suicide in the ex-service community and the review of mental health care in the ADF and transition through discharge and introduced key initiatives such as case coordinators in DVA, who are now in place, and supporting clients who have complex needs. There were many aspects to tackling this, and I note that we worked on a project developed with the Australian Centre for Posttraumatic Mental Health to improve the training and competency of secondary mental health workers, which started in 2009. That was in addition to the $145 million that we spent altogether on veterans' mental health annually. A comprehensive Australian Defence Force mental health life cycle package was also produced in association with the ACPMH. That progressed the first three initiatives of the life cycle package, including the longitudinal study of psychological resilience, resilience-building programs, and models for the annual mental health screen.

These were all really important initiatives, and they needed to be built on. One problem in this space, of course, is that there is never enough that you can do. You never get to the full answer to these problems. But that does not relieve us of the responsibility of continuing to work towards finding those solutions. And I think we need to really look at creative solutions and better stress management regimes for serving personnel as well as making sure that we are tracking these situations when people separate from the service and that there is a better fusion of data between serving personnel and DVA.

One thing I am pleased about is now working with the member for Berowra in the Parliamentary Friendship Group on the prevention of suicide. This is one area that we will be focusing on, trying to provide a collecting point for great ideas and solutions to help resolve that issue as well.

Suicide among veterans is a serious, serious problem at the moment, and it needs a full-court press. The old saying says that it takes a village to raise a child. Well, it also takes a village to support and sustain veterans. All of us in the community can play a role in that, and I commend some of the organisations that have sprung up, who I was pleased to help, like Soldier On and Mates4Mates. I encourage the community and all those providers to reach out to those organisations and help support veterans in dealing with their transition from those situations into civilian life.

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

I am pleased to be able to make a contribution to this debate on the Veterans’ Affairs Legislation Amendment (Budget Measures) Bill 2017. I know that my colleagues, both on this side of the House and on the other side of House, have addressed most of the issues that we would want to address in terms of the needs of these victims of the nuclear test decisions, taken by a government so long ago, but for which they are wearing the consequences. It is absolutely true that we need to make sure that their interests are properly looked after and protected, and, most importantly, that they get the support they most properly need.

I note that the Australian Participants in British Nuclear Tests (Treatment) Act 2006 currently provides Australian nuclear participants with testing and treatment for malignant cancers. Under these changes, of course, as we have been told, a broader range and class of civilians and Australian veterans would be eligible to receive treatment. In addition to those veterans, pastoralists and Aboriginal people in the vicinity of the nuclear test areas, other civilians who were present in those areas during the relevant period will be covered.

I want to spend a few moments to talk about the Yankunytjatjara people who were the subject of being removed from their country, as they were in those days. There was no real recognition of Aboriginal interests or Aboriginal rights, and, sadly for us, that meant that many of these people in the area of Maralinga and the Emu Junction area became victims of these tests. I want to refer to one man, who is a very good friend of mine and someone I have known since the late 1970s, Yami Lester. Yami is a Yankunytjatjara man who was born, I think, a little before me, although probably not too much before me. In the 1950s he was blinded by a black mist from the south. After this mist passed, and he was a young Aboriginal man living with his family, his family experienced sudden deaths, outbreaks of skin rashes, vomiting, diarrhoea and temporary and permanent blindness. Yami, sadly, suffered the consequences of this and became blind. Yami tells us that some of the people were so weak they could not go down to the nearby waterhole and skim the black scum off the water which came from the black cloud, and actually died of thirst.

It is generally accepted that this mist came as a result of the nuclear tests—the Emu Junction tests and the Maralinga tests—which were taking place at the time. I have known Yami because he is an advocate and a leader for the Yankunytjatjara and Pitjantjatjara communities of the southern part of the Northern Territory and the northern part of South Australia. He has been active, and it was, almost certainly, his activity that led to the recognition of the impact of these atomic bomb tests, particularly at Maralinga, and to an acknowledgement that Aboriginal people had been adversely affected. Remember, these people had been shoved off their land. Their land was stolen from them for the purposes of a foreign nation, in partnership with us, holding controlled nuclear tests on the land. Is it any wonder that they were concerned about the impact?

His actions most certainly helped lead to the McClelland royal commission in 1985, which found significant radiation hazards still existed at the Maralinga test sites. Recommendations included group compensation for the Maralinga and Tjarutja people and an extensive long-term clean-up operation to restore the land.

Minister Tehan, who is at the table—and I thank him for being here—on ABC radio, on Q&A, said in relation to this legislation we are talking about this morning: 'The measure will provide gold cards to Indigenous people present at or near Maralinga, Emu Field or the Montebello Islands at the time of the British nuclear tests in the 1950s and 1960s.'

Minister, I thank you for that. But sadly, I am standing here as a former minister and as a member of governments who over the period really failed to recognise, apart from in the Maralinga royal commission, the personal impact that this has had on individuals and families. For that I am sorry. As Yami has said, blinded by the atomic test himself, his family and extended family suffering immeasurably as a result of these bomb tests: 'This support comes 60 years too late … Most of our people have passed away. They were young ones then. Now they are older ones, a few of them still living today' So the benefit will be limited to the extent of the numbers of Aboriginal people it will impact upon, and that is a worry. It is significant that Yami said: 'Our people were sick, very sick. They were on the lands, they needed help. They're doing it too late. They didn't do compensation before, early. They didn't do it.' Yami's daughter, Karina, whom I know very well, and who is active in fighting against the possibility of nuclear waste dumps in South Australia, has said: 'Why now? This was recommended by the royal commission into the British nuclear tests in the 1980s. It is too late for those who have passed, but I am pleased to those who are still alive.'

It is very difficult, for me particularly, because I have lived and worked in the Pitjantjatjara lands with the Yankunytjatjara Pitjantjatjara people, and I know families who are directly affected by these bomb tests, including Yami and his family. They are right. This is 60 years too late. I apologise, because as a member of this parliament I should have been advocating a lot more strongly than I have done for their cause. I pay tribute to the minister for at last cooperating in recognition of their suffering. Whilst we are talking about the veterans—and I pay my great respect to those veterans who are impacted by these bomb tests—I cannot let pass the opportunity to try and get people to understand the absolutely horrific impacts these bomb tests had on the Aboriginal people of South Australia. I suspect there may be a few people who will be properly recognised in terms of treatments as a result of this legislation, but absolutely nothing we can do here will ever alleviate the pain and suffering of those who have passed, and their families who have felt that in an ongoing way.

Minister, I am thankful for the legislation. I am so sad that it has taken 60 years for us to at last recognise the health impact this has had on the Yankunytjatjara Pitjantjatjara people of South Australia. To understand this and to know that country as I do is to understand that it is about not only the physical health but the mental wellbeing and the social and emotional wellbeing of a group of people whose rights and interests were totally ignored by the governments of the day. Whilst they have been recognised subsequently—thankfully—it is a lesson to us about why it is important to listen to the voices of Aboriginal people when it comes to understanding the history of this country.

Milton Dick (Oxley, Australian Labor Party) Share this | Link to this | Hansard source

I rise to join colleagues to speak in support of this bill, the Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017. In following on from the member for Lingiari, the father of this House, I want to acknowledge that it is 30 years since the member for Lingiari was elected on 11 July 1987. In listening to his contribution today, I note the sorrow and pain that he demonstrated on behalf of those impacted by decisions of the past. But I also acknowledge that this is a positive day. It is a positive day for both sides of the House to join, recognise and acknowledge pain and suffering that has happened, but, also, it is a way forward for other serving veterans.

I want to acknowledge the minister today. When we make decisions in this House, such as we are doing today, it may not be on the front page of the news tomorrow and it might not lead the news tonight. But I think in the last 12 months since I have been elected, today is one of those important days in our Commonwealth where both sides of the politics—and I think all 150 members—acknowledge what has happened in the past, but also pave a way for the future. As you know, Mr Deputy Speaker Vasta, as the son of a World War II veteran, I am particularly moved by the stories, the suffering and the pain of those who have served our nation, but also empowered by what this Commonwealth and parliament can do to honour those sacrifices.

I want to speak briefly today to show my support for these changes for this bill that the government is putting forward. In doing so, I acknowledge the good work of Minister Tehan and the shadow minister, the member for Kingston, in making sure that the mistakes of the past are not made in the future, as well. The three important measures will provide better and more appropriate support for our veterans. As we have heard from speaker after speaker, we acknowledge that the bill legislates treatment for all conditions to participants in the British nuclear test program in Australia. I have listened to the debate in my office today. I have heard and witnessed firsthand the testimony from people involved—the thousands of Australians. Although we are only dealing with a small number, it is an important number for the civilians and ADF members that were part of that program, particularly those civilians. We heard from the Indigenous members of the community who were present at a nuclear test site during that relevant period. It may have been 60 years ago but it is still important to place on record that period in Australia.

Currently, there is no scope for British nuclear test participants and the British Commonwealth Occupation Force veterans to be granted treatment for all the conditions under the VE act based on the nature of their service. This changes that. This ensures that there will be the treatment given. Although we are dealing with the three sites and we have heard that former governments have made the decisions, it is up to us now to make sure that we are honouring that service. Schedule 2 seeks to amend the current outdated work history restrictions, especially in intermediate rates of disability pension provided in the VE act, to better reflect modern working arrangements. That is an important initiative that Labor will be supporting today, alongside the government. We understand that it reflects the reality of a modern work environment where people have the potential to have many careers over their lifetime.

Schedule 3, the final schedule, inserts instrument-making powers into the Safety, Rehabilitation and Compensation Act 1988 and the Military Rehabilitation and Compensation Act 2004, enabling the Military Rehabilitation and Compensation Commission to determine a class of person eligible to participate in an early access to rehab pilot program. This is something that I am really supportive of. Having read the amendments, I know that if they are confirmed, as I am sure they will be, a six-month pilot program will be undertaken for a group of 100 participants over the next 12 months.

Members on both sides of the House know the recognised benefits of early intervention, and we are supportive of a process which is designed to improve outcomes for our ex-serving defence personnel. Representing many ADF families in the electorate of Oxley, many who have served overseas and have served in difficult situations, I know the importance of these pilot programs. On top of that, as a supporter of veterans groups, particularly in the south-west of Brisbane, I know the great work that they do, particularly in supporting younger veterans and ensuring that they have pathways to employment and pathways to success.

So we support these recommendations before us today. I thank the minister for his work, and I acknowledge the good work of many members of this parliament. And I look forward to supporting future legislation to honour the work of our veterans and to support them in everything that they do.

Dan Tehan (Wannon, Liberal Party, Minister Assisting the Prime Minister for Cyber Security) Share this | Link to this | Hansard source

I thank all members for their contribution to the debate on the Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017. The bill gives effect to three of the veterans' affairs 2017 budget measures, all of which will benefit the defence and ex-service community.

The first measure would provide improved health care for Australian participants of the British nuclear tests and civilians present at a nuclear test area during a relevant period and Australian veterans of the British Commonwealth Occupation Force. In recognition of the possible exposure to ionizing radiation experienced by both Australian veterans of BCOF and the BNT veterans, the government has decided to provide a gold card to these veterans, which will enable them to access medical treatment for all conditions. This program will also provide healthcare coverage for pastoralists, Indigenous people and other civilians determined to be within the same vicinity as the participants of the British nuclear tests. From 1 July 2017, it is expected that 2,800 people will be able to access these expanded services. The government has committed $133.1 million over the forward estimates to this measure.

The second measure would amend the current outdated work history restrictions for the special and intermediate rates of disability pension provided in the Veterans’ Entitlements Act 1986 to better reflect modern working arrangements. The changes would remove the current requirement for claimants over 65 to have worked for 10 years with the same employer, and for self-employed clients to have worked for 10 years in the same profession, trade, vocation or calling. In the modern workforce, these expectations are unrealistic, and the government recognises this. Instead, the work history requirement for special and intermediate rates of disability pension would just require a period of 10 continuous years of work in any field or vocation, with potentially multiple employers, prior to applying for the special or intermediate rates of disability pension.

The third measure would facilitate early access to a rehabilitation pilot program for certain veterans and Australian Defence Force members. Early access to rehabilitation facilitates participation in economic activities, with all of the ensuing benefits of work and recovery, assists in minimising the ongoing effects of injury and illness and promotes recovery and wellbeing. A six-month pilot program providing early access to rehabilitation assessment to a group of 100 participants will be undertaken in the 2017-18 financial year.

I would like to acknowledge the contribution to the debate of this bill made by the member for Grey, who noted that over 300,000 Australians rely on support from the Department of Veterans' Affairs. He knows that the government's extra investment of $350 million will mean to them. As he put it, this money, particularly in mental health support, will help veterans fight the battles they face when they return home from service. For his electorate, this budget has particular significance; it is where some of the British nuclear tests took place. As he said, we are correcting some things we did in the past that we did not understand by doing something today that we know is right. I thank the member for Grey for his support in making this possible.

I would also like to thank the member for Solomon, who noted the significance of this budget and the measures for the BNT veterans and civilians. He knows what it means in particular for the Indigenous people who were impacted by these tests. I thank the member for Forrest, who has a long history of involvement with veterans and knows what some of the changes in this budget will mean for her community. As she mentioned, streamlining the DVA processes will be welcomed by all veterans in her electorate because it will mean wait and claims times will come down. I would also like to mention the contribution of the member for Lingiari, who spoke of his personal dealings with families who have been impacted by the British nuclear tests and apologised on behalf of previous governments who have not acted in this area. I commend the member for Lingiari for his heartfelt contribution to this debate.

Finally, I would like to thank the shadow minister for her support and contribution and for helping ensure that we get this bill through in time so we can provide the support come 1 July. Thank you, shadow minister, for your help and cooperation in ensuring that we can get the help to the veterans as soon as possible. The shadow minister knows that this budget will deliver a revolution in how we provide mental health support to veterans. We will now commence the job of making sure all veterans who need help know they can get it.

I will finish by asking all members of the House to reach out to veterans and ensure that the word is publicised that there is help and support for all mental health conditions now. We want to make sure they get help as early as possible because we all know that is the best way to make sure you can recover.

I commend the bill to the House.

Question agreed to.

Bill read a second time.

Message from the Governor-General recommending appropriation announced.