Senate debates

Monday, 1 December 2008

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and Other Measures) Bill 2008

In Committee

10:39 pm

Photo of Jan McLucasJan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | Hansard source

Thank you for the question, Senator Scullion. In terms of the accepted psychological or mental health condition, the amendment responds to concerns that veteran couples often separate due to the mental health effects of war or defence service. Thus, an accepted psychological or mental health condition for the purposes of this amendment is a condition accepted under the Veterans’ Entitlements Act, the Safety, Rehabilitation and Compensation Act or the Military Rehabilitation and Compensation Act or accepted by an allied government as being war, defence or service caused or a condition that has been accepted for the purposes of non-liability health care under the Veterans’ Entitlements Act.

But you have invited me to speak more broadly. I think you set up a situation where a veteran has a mental illness but does not recognise that. We recognise that that is a potential problem. So, for the purposes of the exemption, in this circumstance it is allowable for the separated spouse to make—in most cases—her claim individually. So it does not require agreement from the veteran for that claim to be heard. I hope that the senator heard all that because it was quite relevant. As I said, Senator Scullion, in these circumstances, we recognise that the veteran—in most cases—himself may not recognise a mental illness, so it is appropriate that the spouse apply for exemption alone, without having to have concurrence from the veteran. In that situation, the spouse would fill out the form on her own behalf and she could make a claim in that way.

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