House debates

Monday, 4 November 2024

Bills

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

6:14 pm

Photo of Graham PerrettGraham Perrett (Moreton, Australian Labor Party) Share this | | Hansard source

The Royal Commission into Defence and Veteran Suicide was established in July 2021 and its final report was delivered on 9 September this year. The purpose of the royal commission was to examine the tragic overrepresentation of current and former Australian Defence Force personnel in the data relating to deaths by suicide. Why does giving for the nation equate to a higher risk of taking your own life?

Recent figures from the Australian Institute of Health and Welfare showed that, between 1997 and 2022, there were 1,763 known deaths by suicide amongst current- and ex-service men and women. That is a staggering and awful number. Each one represents a tragic loss for family and friends—a loss that endures long after funerals and memorial services have concluded. The Albanese government recognises the urgent need for action and will respond to the recommendations of the royal commission before the end of the year.

I'd like to acknowledge the ADF members, the veterans and their families who contributed to the royal commission, often reliving their own traumatic events in their resolve to improve the experiences of current and future service men and women. I thank them again for their courage in that process.

There is not a representative in this House who does not honour and respect the sacrifices made by our defence personnel, both past and present. When we look down Anzac Parade from this building to the War Memorial, we remember the connection between those who fought and died for their country and, through that line of sight basically straight through the front doors, under the Great Verandah, through the Great Hall, under the flagpole and through the cabinet room, the Prime Minister sitting at his or her desk—that view from one to the other—so that any leader of this nation is thinking of the sacrifice and service of those who put on uniforms.

As individuals and as a nation, we are grateful and we know we must do better to support our veterans. As the Minister for Veterans' Affairs said, 'This is an important task and responsibility of government—a solemn commitment.' It's one we take very seriously. The extensive submission and consultation phase of the inquiry also highlighted the need to resolve critical systemic issues relating to the experiences of ADF veterans in accessing support through the Department of Veterans' Affairs.

One of the interim publications of the royal commission is the book Shining a Light: Stories of Trauma &Tragedy, Hope & Healing. The book centres on the lived experience of hundreds of ADF members and veterans. It was tabled in parliament on 20 June this year. The book focuses on the experience of ADF members and veterans, in joining up, serving, the impact of leadership, mental health struggles, the transition to civilian life, the effect on their families and dealing with the Department of Veterans' Affairs, amongst other topics. It is a confronting but eye-opening and important book and one that we should all read.

There is a lot of work to do in improving the experiences of veterans. The Albanese Labor government is starting with addressing the first recommendation of the royal commission's interim report from way back in August 2022—that is, to simply harmonise veteran compensation and rehabilitation legislation via this bill. The Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill will improve veterans' experiences in dealing with the Department of Veterans' Affairs.

Veterans engage with the Department of Veterans' Affairs for numerous reasons. For many, it is because of physical injuries or mental health deterioration suffered in training or in the line of duty. For others, it is for assistance with vocational rehabilitation or income support. It is a vital service and one that reflects the gratitude of the nation for their service. However, the interim report noted that the veterans' entitlements system, as it currently works, is detrimental to the mental health of some veterans and their families. The cure is actually the start of the disease for many.

One of the reasons for this is that the Department of Veterans' Affairs is currently governed by three different but overlapping pieces of legislation. These are the Veterans' Entitlements Act 1986, or VEA, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, or the DRCA, and the Military Rehabilitation and Compensation Act 2004, or the MRCA. The interim report makes it clear that the complexity of the three pieces of legislation makes it very difficult for veterans to navigate the compensation system. It also makes it very challenging for departmental staff to administer. This complexity has led to processing delays, inconsistency in claim assessments and outcomes, and backlogs in claims. The report states:

The three main Acts operate in different ways and the entitlements available to a veteran will depend on many circumstances and factors, including when an injury occurred, and the type of service being undertaken at the time of injury. The Acts provide different types of compensation, including pensions, lump sums and periodic compensation payments, health care and rehabilitation.

Entitlements are offset when a veteran has entitlements under more than one Act or receives a pension or lump sum under a superannuation scheme. There are also different procedures available when a veteran wants to challenge an adverse decision, depending on what the decision is, and under which Act it was made. For example, the Veterans' Review Board can review decisions made under the VEA and MRCA but not under the DRCA.

Shining a Light describes the system as describes the system as a 'tangled legislative and bureaucratic web'. It's no wonder that many veterans need the assistance of advocates to help them lodge claims and support them through the assessment process. I've been an MP for a few years, not quite as many as some in this chamber. I've already done way too many sessions with constituents trying to sort out their entitlements from the Vietnam War. Gough Whitlam announced that our troops would be coming home on 5 December 1972, and we are still dealing with the ramifications. The red tape can be complicated and confusing.

One Army veteran, who received injuries during training, wrote:

I have been waiting just short of two years for DVA to accept my claims for a variety of conditions that include major depressive disorder, PTSD, general anxiety disorder and alcohol use disorder. Without my advocate, I have no doubt that I would never have been able to submit these claims successfully due to the bureaucratic nightmare that is the DVA. It is a system that almost none can navigate or understand.

It is obvious that changes and improvements to the system are vital. In fact, there are longstanding recommendations to simplify veterans' legislation. The bill is the most significant work on this issue since the introduction of the MRCA two decades ago.

In 2109, the Productivity Commission report, A better way to support veterans, recommended streaming the three acts into two. With this bill, however, the Labor government is taking the reforms one step further. The bill reduces veterans' entitlements legislation from three acts into one, the MRCA. It will simplify the claiming and assessment process and enable veterans to access the required supports more quickly.

Under the new legislation, the VEA and DRCA will work within the single act model, but will be closed to new applications for compensation and rehabilitation from 1 July 2026. Those receiving benefits under the VEA and DRCA will still do so under these grandparenting arrangements, giving veterans and families financial certainty. Veterans will also benefit from eight schedules of enhancements to the MRCA, which are designed to make access to entitlements easier and fairer. These changes have been informed by extensive feedback from the veteran community throughout 2023 and 2024 during the veterans' legislation reform consultation pathway. In short, the changes will make it easier for veterans and families to understand which entitlements they are eligible for and easier for veteran advocates to assist with claims. All of this adds up to a faster and more efficient processing of claims on the administrative side.

One of the changes concerns compensation for funeral arrangements. Family members can lodge a claim under the MRCA even if the deceased member previously accessed entitlements under the VEA or DRCA. The funeral allowance will also increase from $2,000 to $3,000, and the reimbursement of funeral expenses for all service related deaths will be $14,062.

The MRCA will become the legislative basis for benefits such as the acute support package, household services and attendant care, the Victoria Cross allowance, and recognition supplements for former prisoners of war. The MRCA will also be responsible for the legislative basis for non-liability health care and the determination of special treatment programs and their eligibility. Elements of the Veterans' Entitlements Act, such as recognition for services including peacekeeping, operational and hazardous service and British nuclear testing, will be moved to the MRCA.

Our budget in May directed $222 million towards additional funding for veteran and family entitlements. This bill introduces a new payment, the additional disablement amount. This will provide eligible veterans—those who are over the pension age and who have significant service related impairment—with access to the gold card, and additional benefits in the event of the veteran's death.

It's very important to Labor that no veteran is worse off or receives lower benefits than they're currently receiving—those that have successfully steered their way through the red tape—and this bill guarantees that. The changes will begin on 1 July 2026, allowing time for the community, both veterans and advocacy groups, to thoroughly understand the changes. Up until this time, veterans will be able to lodge claims under the three acts or they can choose to delay their claims until the enhanced MRCA comes into effect. It is up to them; it's their choice.

RSL Australia and a comprehensive range of defence community and advocacy groups have welcomed this bill. Labor stands behind the wonderful veteran community. We've hired an additional 500 permanent staff in the Department of Veterans' Affairs to action the claims backlog that we inherited. This will see $6.5 billion of delayed entitlements go to veterans over five years.

I'd like to leave my final words in this speech to Mr Hugh Polson, president of the Sunnybank RSL Sub-Branch in my electorate. Hugh is a tireless advocate for veterans and our community. He's one of the best RSL presidents in the land. I'm happy to put that on the record. Hugh has been through the DVA entitlements system as an applicant and as an advocate. For more than a decade Hugh ran the pensions advocacy and welfare service at RSL Queensland. Like others, Hugh describes the current system as 'really tricky to navigate', saying that 'veterans generally would be much more comfortable trying to navigate one form of legislation'. The reforms in this bill will reduce the anxiety and distress that veterans have experienced in dealing with complex and overlapping legislation in order to claim their entitlements. Having the solid foundation of one act will ensure that veterans are treated equitably and meet Hugh's wish for legislation: that it 'succeeds as a one-stop shop' for veterans.

I say, 'Thank you for your service,' to Hugh and all the people that he represents and to the other RSLs in my area and all throughout Australia, obviously. I commend this important bill to the House.

6:27 pm

Photo of Michael McCormackMichael McCormack (Riverina, National Party, Shadow Minister for International Development and the Pacific) Share this | | Hansard source

Much of what the member for Moreton just spoke about I agree with, but I will clinically go through the legislation and some of the points he raised in relation to the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. This is, as the member for Moreton correctly pointed out, important legislation, and it comes as a result of the findings from the Royal Commission into Defence and Veteran Suicide, which, in August 2022, warned that legislation governing compensation and rehabilitation for veterans and their families was 'so complicated that it adversely affects the mental health of some veterans' and 'can be a contributing factor to suicidality'.

The last thing that we want to do is place any more stress or anxiety on our veterans. They did, after all, do what was expected of them, what was asked of them and what was required of them, and that was to put on a uniform and serve our nation. For that, we owe them a huge debt of gratitude—a lifetime of gratitude. For as long as they live, we should not just be eternally thankful but do what's right for them in a financial way so that they can be their best selves—noting that every person who leaves the Australian defence forces is not broken. Every ex-ADF member still has much to give. Some of them come out of their service in different shapes and forms than others. Some are, quite tragically, very much affected by their experience—by what they have seen and what has been done to them. But many are ready for their next journey in life, the next chapter in life's journey.

This bill intends to act as a single, all-encompassing piece of legislation under which all veteran compensation claims will be dealt with, regardless of when the veteran served, and that is important too. I note the member for Moreton talked about Vietnam veterans. I come from Wagga Wagga. It's the home of the soldier. The first recruit training battalion Kapooka Army base, Blamey Barracks, is where every recruit does their initial training, and we thank them for that. Not only do we have a very important strategic Army base; we also have the Royal Australian Air Force base at Forest Hill, where it states quite clearly on one of the hangers which overlooks the initial runway there at the Wagga Wagga Airport: 'Airpower begins here.' And it does, right there at Forest Hill.

In conjunction with RAAF Wagga, we have a very important Navy base. We're a long way from the nearest drop of seawater at Wagga Wagga, but those 80 personnel who serve our Navy do it because they are asked to do it. They do it with every pride, with every service and with every commitment that you would expect. They are very pleased that they are learning what they need to at Wagga Wagga, in conjunction with the Air Force and, at times, with our local Army base. We are a tri-service garrison city, and we are very proud of it.

That service goes back, stretches back, for decades, and, given the fact the former coalition government, honoured by the now Labor government, are spending upwards of $1.4 billion at both the RAAF Wagga and Kapooka military base at Wagga Wagga, that service, commitment, dedication and presence will last not just for many more decades to come but forever. The price of peace is eternal vigilance, and the training begins at Wagga Wagga. So I'm very aware of the commitment that we need to make to our veterans. I'm very aware of the necessity to ensure that they are well looked after, and, indeed, the royal commission visited Wagga Wagga. It held a hearing over three days, from 28 November to 1 December 2022, at the Mercure Hotel in our city. It heard some harrowing evidence, I have to say. It truly did.

I am pleased that we have two very good centres looking after the needs and expectations of our veterans. I would place on the record the work being done by many, including so many volunteers at RSL LifeCare's Riverina Veteran and Family Hub on 240 Baylis Street, right on the main street of our town. We have not only the RSL but also Pro Patria Centre, a community based centre which is located at 19 Morshead Street, Ashmont.

Just recently, on 3 October, Charles Sturt University, which is also based at Wagga Wagga, signed a memorandum of understanding with the Pro Patria to bolster initiatives to enhance the quality of life of veterans, first responders and their families. The MOU supports recommendations within the final report of the Royal Commission into Defence and Veteran Suicide, handed down on 9 September. The landmark collaboration between CSU and Pro Patria represents a significant step forward, a giant leap, in addressing the critical health and wellbeing needs of contemporary veterans. I said at that landmark signing, and I say it here, that we do owe a debt of gratitude to the Carmelite sisters, the nuns, whose premise is in Ashmont where the Pro Patria Centre now stands and stands proudly to continue to serve our veterans, as they served us.

The MOU focuses on initiatives to enhance veterans' quality of life, which is so very integral and vital. The MOU also speaks to the tragic numbers of deaths by suicide amongst members of the ADF, which were recently outlined within a report by the Australian Institute of Health and Welfare. The report outlined that there were 1,677 certified deaths by suicide of ADF members between 1997 and 2021—1,677. One would have been too many, yet there were 1,677, and it is an eternal shame for us as a nation to have that number of people who put on a uniform and who died so needlessly. They are missed by their families. You can imagine. We're only a few short weeks away from Christmas. At each of those 1,677 tables, this Christmas and every other Christmas to come, there will be an empty chair, and that is so heartbreaking. That is why the royal commission was such an important gathering of people from all over the nation to come and tell their stories, but, more importantly, for this place to listen and to act—and act we must.

I commend this legislation for what it does, but, in saying that, I note there has been some criticism. I will raise those criticisms in a short while. But, just getting back to the MOU between CSU and Pro Patria, it aims to collaborate on the following:

    which is good—

      where services perhaps aren't as great as those in our metropolitan areas—

        not everyone will require mental health support, but I'm pleased to say that every one of our veterans who has served even a minute will be entitled to access to mental health counselling, and this CSU-PPC collaboration also goes to enhance that—

          This is good. I commend Professor Megan Smith from the Faculty of Science and Health, as well as Jacqui Van de Velde and many others, for the work that they have done to bring about this important MOU and the work that they will continue to do through it.

          I also think it's important to acknowledge Colonel Stone, the commandant at Kapooka. What he has done at that facility is to continue the efforts that previous commandants have gone to. Being the commander of the Kapooka base, I think, is the most important position in Army and, indeed, in the ADF, because the trust and responsibility that is bestowed upon them is so very significant. We thank Colonel Tim Stone for what he has done. I know he's moving on from his post, but I wish him every success, and I'm pleased to say he's going to continue in the recruiting space.

          There has been some criticism of certain elements of this bill. It would be remiss of me not to point out that RSL Australia has said that the various provisions in the bill do not adequately refer to 'veterans' but merely to 'persons who have served'. These are their words, not mine:

          The RSL expresses its concern that the proposed legislation enabling members and former members of the ADF to access DVA benefits identified the necessary qualifications of various categories of 'persons' who have served in the ADF. It makes no mention of 'veterans'. The view of the RSL is that the word 'veteran' should be visible and should be inclusive, as identified in the definition in Section 4 of the Australian Veterans' Recognition (Putting Veterans and their Families First) Act 2019.

          I understand that, being a former veterans' affairs minister. I get that.

          Legacy Australia said it lacks a clause to enable data exchange with Centrelink to avoid overpayments—we don't want to see that—and then provisions going to getting those remittances repaid. Further, Legacy suggests that this opportunity for major reform should be fully embraced with other changes, including that veterans should be reimbursed for medical evidence costs. They talk about inadequate DVA medical fees. Legacy regularly hears from its clubs of the difficulty that families of veterans have in accessing medical treatment, including for mental health, due to the medical practitioners not being prepared to provide medical services at the rates paid by the DVA. These rates need to be reviewed and at least raised to those paid by the NDIS. There is probably no argument there.

          The Australian Peacekeeper and Peacemaker Veterans Association mentioned that the legislation, in its view, was too complex and not enough reform. While the association supports the government's aim of simplifying the administrative arrangements for providing support arrangements for defence personnel, veterans and their families, they believe that the proposed legislation remains too complex. It also excludes whole classes of veterans and has not been drafted to reflect the nature of current and future operations. That's what the association said.

          When finalising this, the ALP needs to take those constructive criticisms into account because, as the member for Moreton quite correctly pointed out, we owe our veterans no less. He mentioned the fact that the very front doors of the—newly refurbished, I'm proud to say—Australian War Memorial lead right along Anzac Parade, right through the front doors of the parliament, right through the cabinet table and right through to the Prime Minister's desk. That is not just symbolic; that is necessary. Every leader of this nation understands how important our veterans are. Every member of this place should do everything they can as members to help constituents. I'm proud to say that I have a fine veteran community in the Riverina. I'll just finally say a big thank you to Bob and Gladys Bak of Bethungra, who do more than many to help our veterans, as they should and as we should.

          6:42 pm

          Photo of Rob MitchellRob Mitchell (McEwen, Australian Labor Party) Share this | | Hansard source

          Today I rise proudly to support the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. Our government, the Albanese government, is committed to delivering a better future for defence personnel, veterans and their families by ensuring that they can access the services and the support they need and, quite frankly, are entitled to and deserve.

          This government has worked tirelessly to improve the system for veterans to tackle the key issues that harm the very people who have served this nation. We have delivered on our election commitment to address veteran homelessness with our Veterans Acute Housing Program, which delivered $30 million to support veterans and their families who experience or are at risk of homelessness.

          We have reduced the time of veterans' claims. In fact, we cleared the backlog that, as stated in the royal commission, would never ever be cleared up under the LNP, and we did that one month before the royal commission's recommendation. At its worst, the coalition let claims take up to 435 days and had 60,000 unallocated cases. That is a national shame. We recognise that, though our improvement is vast compared to the previous government, it still hasn't been enough. That's why we've promised more support in our last budget, investing a further $186 million towards the employment of new staff to ensure that those backlogs don't re-emerge and to make claims processing even faster.

          The Albanese government is also investing an additional $477 million in this year's budget to increase our support to the more than 340,000 veterans and dependants accessing services through DVA. All of this is alongside our work implementing the recommendations from the Royal Commission into Defence and Veteran Suicide, where we have committed an additional $220 million to deliver the first recommendation.

          The Albanese Labor government promised to act on the state of veterans affairs, and that is exactly what we are doing. The legislation before us today is one of the many steps forward this government is taking for veterans communities. It will benefit current and former defence personnel and their families for generations to come. The amendment's main purpose is what it says on the packet: to simplify and harmonise Australian veterans' rehabilitation and compensation system. The legislation is in response to the first recommendation of the royal commission to do just that.

          Those listening would know that veterans entitlements are determined under one or more of three primary compensation acts depending on where the veteran served. It also depends on which period of service caused or contributed to the condition being claimed. The legislation effectively streamlines the number of acts administered by DVA to significantly simplify claims processing, giving veterans and families the support they need faster.

          Under this bill, claims from 1 July 2026 will be dealt with under one single piece of legislation, an improved Military Rehabilitation and Compensation Act—or MRCA, as it's commonly known—regardless of when or where the veteran served. The bill also introduces a range of enhancements to MRCA that will make access to entitlements easier and fairer for veterans. These enhancements have been the subject of extensive consultation with the veteran community throughout 2023 and 2024.

          To cut through the bureaucratese, the important principles of the legislation are to increase the funeral compensation cap, to cut through the red tape that delays payments to veterans and their families, to make it simpler to claim medical care for veterans and to provide a new payment for veterans over the pension age who suffered substantial injuries during service. All these changes place less burden on veterans and provide greater support sooner.

          Veterans and their families should know that these changes will not result in a reduction in any individual veteran's payment. Let's be very clear about that. Compensation under the existing framework will still be awarded under the current agreements and won't be disrupted. Additionally, it will allow the community to take time to adjust, and they will be well-informed of the changes. A commencement date has been set for 1 July 2026. This will allow veterans to consider their individual circumstances and their families to adjust.

          The date also ensures that advocates for the veteran community and DVA staff have adequate training to enact these changes. The question is: why is it needed? The changes outlined here are desperately needed. The system, as it stands, is overly complex and difficult to understand. The Albanese Labor government is implementing these changes to lessen the burden placed on our ex-servicemen and ex-servicewomen, fixing the system so it can actually provide veterans with the support they need. Importantly, it won't leave them in limbo waiting for their rightful compensation.

          The calls for ex-defence personnel to fix the complex system have been going on for a long time, and this bill makes the most significant commitment to reform veterans legislation in over 20 years. For too long, the mantra that veterans had while accessing government services was, 'Delay, deny and die.' That's a horrible thought. This legislation is part of the Albanese Labor government's determination to change the LNP legacy.

          The Albanese government is committed to delivering a better future for defence personnel, veterans and families, and the impact of that is not only across the country but at home too. These changes and a suite of measures outlined in the 2024 budget will deliver for just shy of 3,000 veterans and their families in our communities. I have been talking to local veterans at every single RSL over the last few weeks to see what the feeling is amongst them. I have to say: there is a lot of support. It means a system funded better than it has ever been for three decades, and that can only have a positive impact. Even those staunchest conservatives acknowledge that it's the Labor government that has fixed up the mess that veterans have suffered with for decades.

          These changes that the Labor government is implementing come from longstanding calls within the veteran community. When we came to government, the veterans portfolio was in an absolute crisis. The legacy left behind by the LNP was a national shame. For a coalition that parades itself around as being strong in defence, they, frankly, did a pretty poor job—delay, deny, die. That came about due to the Morrison-Dutton government in action on a portfolio that was spiralling out of control. Wait times meant too many veterans and their families were suffering without attention. Wait times meant too many veterans didn't end up getting the entitlements owed to them. Even members of the coalition knew the shame of this legacy, with no less a person than the last Minister for Veterans' Affairs in the coalition government, the member for Calare, threatening to resign if more money weren't allocated to the portfolio and the 60,000 unprocessed claims weren't addressed. Delay, deny, die—this is the legacy that the Albanese Labor government inherited and that we have worked tirelessly to change.

          My friend the Minister for Veterans' Affairs injected the funding and the resources that the portfolio has desperately needed for a decade. Through his tireless work, our government has been providing unprecedented support for veterans across our country. The budget that the Albanese Labor government brought forward in May this year reflected these goals and values. With the changes to the legislation we are here speaking on today and the increase to payments and support services that we put up in the budget, this government is standing up for the veterans in our community. We're not talking about it; we're actually doing it. We build. They block. This is something Australians should be holding this government and future governments accountable for.

          The government has a responsibility to support all Australians, but there is a particular onus on government to stand up for veterans. As Shane Wright from the Sydney Morning Herald articulated, on page 97 of the budget there is a paragraph that 'demands to be read and understood by all Australians'. When we talk about a fair budget, this is a prime example. The Albanese government, in providing the support to veterans, have turned the tide. We are committed to leaving a legacy that will protect veterans for years to come. We are preparing our public systems and processes for the $6.5 billion going to veterans' support over the next five years—$6.5 billion. This is because of the massive increases we've seen in claims being processed.

          When those opposite talk about cutting government spending, this is the sort of thing that they don't like us spending on. They complain about it. We do this because it results in increased payments for veterans. It's pretty straightforward. Those opposite failed to put money in the pockets of veterans and provide the resources to make sure veterans can have the best quality of life post service. They failed to do their job properly, so here, as in so many other portfolios, we are picking up the pieces. They failed to give the Public Service adequate tools and other necessities to do its job in helping veterans. And do you know what we got as the substantial idea from the coalition in their budget reply speech? That they're going to introduce cuts to public services—the so-called cardigan wearers. This is the shame that is the current opposition in this place.

          The Shane Wright article talks about what we're doing. Scott Morrison, when he was Prime Minister, said, 'Oh, I understand the battles that so many veterans face when they leave the Defence Force,' and he argued that this nation should do more for the men and women in uniform. But do you know what? When it came to the crunch, he went missing. The article goes on to say:

          By April 2023, the average processing time for a veteran's claim was 435 days …

          And then it says:

          … Opposition Leader Peter Dutton complained … that the number of public servants has swelled under the Albanese government, declaring the Coalition sees defence spending as "much more of a priority than office staff in Canberra".

          They also see it as much more important than serving and helping the veterans who have served this nation. It's a pretty damning indictment of the views of the Leader of the Opposition if he thinks that the people who are helping the veterans get their payments and entitlements are not worthy. It shows that you can wrap yourself in your flag and stand there and pretend you're great for veterans but, when it comes to the crunch, there's only one side of the House that's actually standing up for veterans, and that is us.

          We know this from Andrew Gee, the member for Calare, who talked about what happened when he was the Minister for Veterans' Affairs. Read his press conference transcript from 29 May 2024 at 8.41 am. This is something all of those opposite should read to realise just how badly they treated veterans for nine years. The member for Calare said:

          I … threatened to resign because there was not enough money to clear up these … veterans' compensation claims, which are having an appalling effect on the physical and mental wellbeing of our veterans. And the reason that I was given as to why there was no funding was because at the time, the government was only prioritising funding that had a political advantage.

          I'll read that bit again: 'only prioritising funding that had a political advantage'. So, because they didn't feel there was a political advantage in funding veterans' issues and clearing up the compensation, they wouldn't fund it.

          To his credit, the member for Calare ended up resigning, and I think it was the right thing to do. There are many on that side that should sit down and think, 'Is that really what you did for nine years?' They were undermining the work of the Public Service, and now they want to walk these reforms back. The coalition has outlined what they were going to do, and it's disgraceful, and I wish they'd look beyond culture wars.

          The ALP will always stand up for those who have served or are serving in our Defence Force. Our legislation before us today is one of the many levers we are pulling to reduce the burden and pressure, responding to the needs and wishes of the community to make sure access is available and support is there. That's why legislation like this must come into the parliament and must have a speedy pick-up. People opposite shouldn't be sitting there trying to hold it up and create another form of blocking and bureaucracy that doesn't need to happen. As we come to 11 November, everyone is going to be out at services for Remembrance Day. The question is: what will you have done by then? Will the bill have gone through? Will you support the changes that we've made and that we have continued to make? Or will you continue on with the age-old LNP mantra of 'delay, deny and die'?

          As George Rosier from Carlingford wrote in the Sydney Morning Herald, the LNP attitude is summed up perfectly as:

          … "Jackmanship", the attitude that "I'm all right Jack, and I don't care about anyone else". It was unacceptable in the Army 55 years ago, and it is unacceptable in politics now.

          This callous treatment of the ADF veterans, added to a robodebt disaster, really demonstrates how much the coalition has failed veterans in this nation.

          This bill is so important as one of the major steps going forward to address the 10 years of neglect under those opposite, who were happy to let veterans go homeless and without getting the compensation and the medical help that they deserved. It is only the Albanese Labor government who has taken the commitment and delivered on that, and the Minister for Veterans' Affairs should be congratulated for getting this done.

          6:57 pm

          Photo of Keith WolahanKeith Wolahan (Menzies, Liberal Party) Share this | | Hansard source

          Go out that door and turn right and you will see a clear line all the way through to the War Memorial, where 103,000 names are etched on a wall. Those 103,000 names are from every corner of this country, and they are from every background, many not born here. They were people whose politics we didn't know and we shouldn't know, because it's irrelevant. So to speak on this topic and to hear the member for McEwen engaged in the most partisan speech was really disappointing and beneath him and beneath this place.

          I want to take you back to an event that happened in my electorate recently. It was an event to acknowledge Vietnam Veterans' Day, which used to be called Long Tan Day. Gathered there were so many Vietnam veterans from my electorate. Amongst them was one that I knew, because his son sits in this place over on that side: the member for Solomon. In that address, I singled him out because I wanted to make the point that service is above politics and beyond politics. Those who put on our uniform are patriots, no matter who they vote for, whether they're a socialist or way to the right. It doesn't matter. They're a patriot either way. They risked their life for a better tomorrow. To clarify, the member for Solomon's not a socialist—I just want to be very clear about that! He's not a socialist. But it is important.

          We need to look at the numbers, because that wall that you can walk down the memorial to isn't just a piece of public architecture. It's an acknowledgement of the sacrifice and service that has come before us. One hundred and three thousand names sounds like a lot, and human brains aren't very good at thinking of large numbers. There are some Victorians in this place and we're thinking of our fellow citizens, who are deservedly having a long weekend back in Victoria. But, when we think of large numbers in Victoria, we think of that other great icon in our state, the MCG. One hundred and three thousand names is a full MCG with veterans spilling over onto the place where we actually play football. That's how many Australians died for this nation.

          Right now, we have an almost full MCG of full-time Defence Force members, just under 90,000. That includes almost 20,000 members of the Navy, almost 50,000 members of the Army and just over 20,000 members of the Air Force. More than 6,000 Australians enlist in the ADF on average every year. I mention those numbers in speaking on this bill because, when parents are thinking of where their children might go and if they might serve our nation, they want to know that we will care for them on the other side. It is part of the contract that we have with those who serve. If you seek to sacrifice your life, all of your tomorrows, for us, the very least we can do is to look after you on the other side.

          It is important that the title of this bill says 'veterans' entitlements, treatment and support simplification and harmonisation'. That is an important attribute of the rule of law. If you go to the Law Council's webpage they have a document on how to promote the rule of law and the very first principle they have is that the law must be known, it must be available, it must be certain and it must be clear. For too long, for veterans to seek the support that they needed, they needed to engage someone who not just was qualified as a lawyer but knew every in and out of this process. In fact, Vietnam veterans found it so hard that they developed a system where they became advocates. Advocates, you might think, are paid and get a cut of the benefit. But they are not paid. They are volunteers. They were people who recognised that the system was so complex that other veterans needed help. I am a qualified lawyer, I was admitted as a barrister and practised for 10 years. But, when I looked at the old act, I didn't understand it. It was so complex that I wouldn't know where to fill in the form. So I spoke to other veterans that I'd served with who had gone through the process, and each of them said they could not have done it without an advocate. That was a broken system.

          That's why the royal commission into veteran suicide had as its first recommendation to simplify and harmonise veteran compensation and rehabilitation legislation. The law should be simple, clear, available and easily understood. You should not have to engage an advocate. You certainly should not have to engage a lawyer. So it is important that this reform happens, and I commend the government for bringing it forward. I wish they'd brought it forward a year earlier, but here we are. It has been brought forward now.

          Currently, there are three acts. We know from various speakers before me what they are. Depending upon when your service was or when your injury occurred, you are covered by one or more of those acts. I have on many other occasions held up the pages of bills and acts in this place, from the Fair Work Act to the Corporations Act and the tax act, and they are complex enough. But, when you look at the veteran scheme, it came to over 2,000 pages, with more than 850 legislative instruments. That is an unworkable system on any definition.

          This bill will amend that system, and it will close the loop for those who were in a period of uncertainty—they didn't know which act they were covered by. Then, if they filled in the form, assuming they were covered by one and not the other, it delayed the time in which they got compensated or the treatment that they desperately needed.

          The bill proposes a range of enhancements for various entitlements. I do want to list some of these, because veterans do watch question time and they sometimes watch speeches like this. So they include the introduction of a new—

          Photo of Julian HillJulian Hill (Bruce, Australian Labor Party, Assistant Minister for Citizenship and Multicultural Affairs) Share this | | Hansard source

          Insomnia is a terrible thing!

          Photo of Keith WolahanKeith Wolahan (Menzies, Liberal Party) Share this | | Hansard source

          I will take the interjection. They include the introduction of a new additional disablement amount. They include the introduction of presumptive liability. For those who don't understand what presumptive liability means, it means that the Commonwealth assumes responsibility. If you are a veteran and you have been injured, you don't have to prove that that was because of the service that you had. It consolidates household and attendant care. It has an increase of $3,000 for the funeral allowance and the availability of reimbursements of funeral expenses up to $14,000 for all service related deaths.

          I do want that to be widely known. Too often veterans will pass away and not only did they not tell enough of their stories and their service to their family but they didn't tell their families that this benefit was available. So I think it's important that families of veterans know that. There will be a higher reimbursement amount for travel when a private vehicle is used to travel for treatment. We heard many stories of veterans being out of pocket just to drive to the place where they needed care. There will be the standardisation of allowances and other payments and the introduction of an instrument enabling the Repatriation Commission to determine circumstances where a veteran must receive financial advice before receiving a lump sum payment. And that is important. Not every veteran is in a position where the influx of a payment will necessarily make their life better without advice. That is an important change.

          I spoke at the start about an MCG full of Australians who died serving this nation. We have six MCGs full of veterans in this country who are alive now and deserve and need our care. This bill will go a long way to making that process simpler and fairer and to giving people the comfort to know that this next phase of their life will be a little easier and, more than that, that a nation recognises the sacrifice that they have made and supports them in every way that they need.

          I just came from a meeting with a group. There are many groups that support veterans, but this one focuses particularly on families. Veterans care for their families probably as much as they do for their country, and it is important that we also care for veterans' families. Often they fall through the gap, and they're left to pick up the pieces. I think that, as a veteran myself, there would be no greater gift to know that, whenever I'm no longer on this earth, someone else is caring for the people that I left behind—because that's what makes you get up every day and that's what makes you think of a better tomorrow for our country. I commend the government. This is above politics, because, to anyone who puts on the uniform, you are a patriot no matter which side of the chamber you sit on.

          7:09 pm

          Photo of Steve GeorganasSteve Georganas (Adelaide, Australian Labor Party) Share this | | Hansard source

          World War I marked Australia in a way that is almost impossible to fathom in current times—to think that, from a population of less than five million, we raised an army of more than 400,000, of which some 330,000 were deployed overseas. By war's end, over 60,000 had been killed, 5,565 in my own home state of South Australia—put differently, nearly one in five of those deployed overseas. Compared to Australia's modern-day population, that would roughly equate to 250,000 Australians being killed in a world war. Can you imagine the impact this would have on families and communities all over the nation, just as it did back then?

          In 1917, the Australian government created the Repatriation Department to help returned veterans resettle in the Australian community. The department introduced programs to assist veterans to develop their vocational skills and find jobs, and it supported their independence through pensions and different schemes, loans et cetera. The soldier settlement scheme was established, and it was administered by the states. As we know, Australian women and men who served in the Australian Defence Force over the next 100 years have quite rightly continued to be supported by the Australian government. This system, as we all know, is governed by the Veterans' Entitlements Act 1986, the Safety, Rehabilitation and Compensation Act 1988, the Military Rehabilitation and Compensation Act 2004, and their various legislative instruments, which provide different types of entitlements and support to eligible veterans and their dependants.

          The Royal Commission into Defence and Veteran Suicide made the following observations in its interim report, published on 11 August 2022:

          The current compensation and rehabilitation system is the product of continuous historical legislative reform involving numerous Acts. Reform to the various veteran entitlement Acts over the last century has often been piecemeal. This has resulted in the continuation of various older entitlements alongside new entitlements, thereby building a multi-layered system. Increasing complexity was the by-product but never the purpose of such reform.

          The commissioners outlined how urgent reform to this complex system of legislation was, and again I will quote them:

          Australia's veteran compensation and rehabilitation legislative system is so complicated that it adversely affects the mental health of some veterans—serving and ex-serving Australian Defence Force (ADF) members—and can be a contributing factor to suicidality. The Australian Government has known for years that the system requires fundamental reform. Yet it has not acted with speed. There is no justification for further delay. The Australian Government should urgently implement legislative reforms to simplify and harmonise the veteran entitlement system.

          Indeed, this legislative reform was the first recommendation of the commissioners: Mr Nick Kaldas APM, the Hon. James Douglas QC and Dr Peggy Brown AO.

          I'm proud to be speaking on this bill, and I sincerely hope that the reforms it contains to simplify and harmonise the veteran entitlements system will save the lives of women and men who have worn our nation's uniform. The rate of veteran suicide is a national tragedy, and that's why Labor, in opposition, supported the establishment of the Royal Commission into Defence and Veteran Suicide in opposition. Some three years and thousands of submissions later, the final report has now been delivered to the government. I'd like to thank two of my constituents in particular—Julie-Ann Finney and Angela McKay, who have both lost sons—for their tireless advocacy on behalf of the veterans who have died by suicide and their families and friends. The work and advocacy those two women have done is just incredible. Many of you would know them. They have been up here many times, especially Julie-Ann Finney.

          The report is an important body of work which marks the culmination of the most significant and comprehensive inquiry conducted into suicide in the defence and veteran communities. The report is very comprehensive—some 122 recommendations and seven volumes. I know Minister Keogh and his department are working through all of that as soon as practicable, because we do understand the urgency. So many others across the veteran community and families have expressed to me and to all of us that we need to act quickly on these recommendations, and I know the government is working its way through them as quickly as it can so we can produce a government response before the end of the year.

          The Albanese Labor government agrees with the need for an oversight body, as recommended by the royal commission. The details, of course, will be considered in the context of the full government response. And I'd like to publicly thank the commissioners for their outstanding work conducting a thorough and compassionate inquiry. I've no doubt that this bill will be one of many positive outcomes that will come as a direct result of their substantial and important work.

          In October 2022, Minister Keogh, the Minister for Veterans' Affairs, announced the first of three consultation periods and called for public submissions. Feedback from the veteran community overwhelmingly supported the need to simplify and harmonise veterans' compensation legislation. This informed and proposed the pathway to simplify veterans' compensation and rehabilitation legislation. The proposed pathway featured establishing an improved MRCA as the sole ongoing scheme, closing out the VEA and the DRCA to new compensation related claims, and grandparenting all existing arrangements to ensure there is no reduction in entitlements currently or previously received by veterans. In February 2023, we began the public consultation on this proposed pathway, which resulted in the exposure draft of the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. Significant consultation was undertaken on this bill in 2024 to make sure that we get it right.

          This bill before the parliament does not save the government money. Indeed, the May budget set aside an additional $222 million for veteran and family entitlements across the first two years of operation. I know these public consultations have been keenly followed by veterans and their families, ex-service organisations and necessary service providers to the veteran community.

          For the first time in census history, the 2021 census collected data on military service, which has given us greater visibility of where those currently serving live, whereas previously we were only aware of the suburbs where veterans who had already submitted a DVA claim resided. So now we can tell where they live, whereas previously we couldn't. On census night in the federal electorate of Adelaide, my own electorate, there were 3,843 residents, 2.3 per cent of the population of my electorate, who responded that they have previously served or are currently serving.

          Many of these residents and their families are represented at regular gatherings of a very fine group of South Australian ex-service organisations who made submissions to the consultation process. The Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024 was the topic of discussion that my last Adelaide Veterans Forum, which I hosted and which included representatives of the RSL South Australia State branch, the Legacy Club of South Australia and Broken Hill, RSL LifeCare, the Vietnam Veterans Association, the Vietnam Veterans' Federation, the Australian War Widows South Australia, the Partners of Veterans Association, the Veterans Wellbeing Centre, the Air Force Association of South Australia, the Far East Strategic Reserve association, the Royal Australian Regiment Association, and representatives of the Kilburn, Unley, Prospect, Hilton, West Croydon and Kilkenny, and Walkerville RSL subbranches, who all do a magnificent job supporting veterans in my electorate.

          Naturally, not every veteran and ex-service organisation is in support of every single aspect of this bill. But it's fair to say that the harmonisation of the complex legislative framework has been well received, especially by those groups that I just spoke about and veterans in my electorate. This was the conclusion of the South Australian consortium of ex-service organisations of Australia, who provided a submission on behalf of 18 ex-service and kindred organisations, who were 'broadly supportive' of what has been proposed. I'll take a quick minute to congratulate this group, whose membership organisations have lobbied for legislative harmonisation for many, many years.

          We know that this bill will make it easier for veterans and their families to know what they are entitled to, make it easier for veteran claim advocates to assist veterans and families with these claims and make it quicker for DVA to process claims so veterans and their families will be able to get the benefits that they need and deserve in a timely fashion. In addition to these improvements to services for veterans and families in this bill, we've been delivering for veterans in other ways as well. The government's eliminated the veteran compensation claims backlog caused by the previous government's underfunding and underresourcing of the Department of Veterans' Affairs. There was a backlog of some 42,000 veteran compensation claims when we came into government. That has now been cleared, ahead of the deadline set by the Royal Commission into Defence and Veterans Suicide. Now veterans' claims are with someone for review within 14 days. I know that there's further work being done to speed up the time to process the claims.

          After nearly a decade of underfunding and underresourcing, today the DVA is the best funded it's been in three decades, and this government is funding more than 640 additional permanent ongoing staff to get through the backlog and improve service delivery. That's what happens when you have a backlog and you want to get through that service delivery: you employ more people. That's exactly what this government has done—640 additional permanent ongoing staff. We've also delivered on our $24 million Veteran Employment Program to translate veterans skills to the civilian workforce and encourage businesses to both employ and support veterans in civilian workplaces. We've tripled the payment GPs receive in servicing veterans to ensure veterans can keep accessing the care they need. As part of the Housing Australia Future Fund, the government's investing $30 million in housing and wraparound services specifically designed for veterans at risk of or experiencing homelessness. We've also invested $46.2 million to expand access to the Defence Home Ownership Assistance Scheme, giving eligible Defence personnel and veterans an easier pathway to homeownership.

          We've implemented the Defence Veterans' and Families' Acute Support Package to provide crisis support to veteran families, including grand-carer families, when they need it. We released the nation's first Veteran Transition Strategy to better support Defence personnel in their transition to civilian life. We've also taken action on all recommendations from the Royal Commission into Defence and Veteran Suicide's interim report. We're delivering 10 additional veterans' and families' hubs in areas of high veteran populations. These are a one stop shop for the veteran communities to access services and support.

          The Australian government is absolutely committed to working to ensure that our community provides our newest veterans and their families with the support they require to make the physical and emotional transition to civilian life. It is my hope that they will enjoy the benefits of what they and previous generations of Australian Defence Force personnel have fought and died to preserve. This bill is a much needed update to the work our predecessors started more than 100 years ago to support our returned veterans. This is the very least we can do, and I congratulate the Minister for Veterans' Affairs, Minister Keogh, for his hard work on behalf of those who have worn our nations uniform and their families.

          Lest we forget.

          7:24 pm

          Photo of Elizabeth Watson-BrownElizabeth Watson-Brown (Ryan, Australian Greens) Share this | | Hansard source

          We've recently heard really harrowing truths from the Royal Commission into Defence and Veterans Suicide. The Department of Veterans' Affairs has become a bureaucratic machine, crushing the people it should be helping. The royal commission confirmed what so many veterans already know—the DVA simply doesn't have the capacity or the will to look after the people it's supposed to serve. This failing system is actually costing lives, and that failure looks like this. Over the past 10 years, an average of 78 serving or ex-serving ADF members have died by suicide each year. That's three lives lost every fortnight. That's three families broken every two weeks. These aren't just statistics. These are Australians who sacrificed everything, only to be abandoned when they came home.

          The royal commission has laid it out in black and white. Defence incompetence is directly contributing to veteran suicides—because what happens when they turn to the DVA for help? Instead of the support they deserve, they get delay and they get denial, and they are forced to navigate a system that seems more interested in cost cutting than in human lives. Often they are left to feel like they are fighting a new war—one against the department.

          The government has billions for defence spending on weapons and submarines but spends a pittance on the very people who give their service to our country, often at incredible personal cost. I know this because I've seen it in my own electorate of Ryan, home to the Army barracks at Enoggera. People come to my office at their wits' end, completely broken by a system that cares more about saving a few bucks than saving lives. They've been left waiting months, sometimes years, for their claims to be processed. The DVA has itself admitted to a severe backlog in its systems. While they wait, their mental and physical health falls apart. Veterans are twice as likely to experience anxiety, depression and PTSD compared to the general population. Getting help through Defence is an ordeal in itself. It's a vicious cycle. People need help but can't access it, and the systems that are supposed to be there for them are actually pushing them closer to the edge.

          This isn't new. The royal commission report is just the latest in a long line of investigations. We've had 57 inquiries over the past three decades, with 770 recommendations. How much has changed? Almost nothing. Time and again, Defence has fought tooth and nail to squash real reform. They've protected their own interests while veterans continue to fall through the cracks.

          Just look at the culture within Defence. The royal commission revealed a toxic code of silence and rigid military values that are contributing directly to the suicide risk faced by ADF members. It's a broken culture, plain and simple, and the leadership of the ADF must be held accountable. This is not just about individual failures; this is systemic. The Prime Minister had the nerve to stand up and say, 'Just as our veterans and defence personnel step up for our country, we have an obligation to step up for them.' Well, it's about time the government started acting on that.

          The one indispensable recommendation from the royal commission is crystal clear. We need a standalone statutory entity to oversee and drive the reform that's long overdue. Without this, nothing will change. We need to clear the backlog of claims, ensure automatic approvals for delays and reform the way Defence handles mental health. Veterans deserve immediate streamlined access to mental health care without having to relive their trauma over and over again just to prove they need help. This isn't just bureaucratic incompetence; it's cruelty.

          Harmonising the three acts covering veterans entitlements is the first step, but it's not enough. Veterans shouldn't have to navigate complicated, outdated systems to access what they are owed, and the idea that combining these acts will fix these protracted issues is almost laughable.

          The Greens will reserve their position on this bill in the Senate to pursue amendments that will bring veterans and families comfort that they will be heard and not made worse.

          7:28 pm

          Photo of Matt BurnellMatt Burnell (Spence, Australian Labor Party) Share this | | Hansard source

          I rise today to support legislation that is long, long overdue, not by months but by a matter of years—the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. This legislation helps to match actions with the words that we as a government, as a parliament and as a nation use to convey our collective respect toward our veterans for their service, their duty and the sacrifices they've made and continue to make for our country.

          This bill represents not just a generational policy reform across this area of law. It also represents a significant moment in the Albanese Labor government's ongoing efforts to honour that solemn commitment—a commitment to ensure that every veteran receives the support that they deserve. These are commitments that they and anyone else in their position would expect their government to honour upon the completion of their service, and they should expect nothing less. They expect to receive this support without the burden of navigating through a broken labyrinthine system, one full of confusion, duplication and needless complication that often, in turn, causes needless distress upon the veteran community, a community this framework was supposedly designed to support. One could certainly forgive many veterans in our community for thinking that the sheer complexity of this system is a purposeful design feature rather than one of circumstance.

          Debate interrupted.