James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Hansard source

I'd like to thank all senators who have contributed to the debate on this bill and acknowledge the continued tradition of bipartisan support for the veterans community demonstrated by the opposition, the Greens, the crossbench and, indeed, the entire Senate.

The purpose of the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 2017 is to excise compensation coverage for Australian Defence Force members and former members with service prior to 1 July 2004 from the Safety, Rehabilitation and Compensation Act 1988, commonly called SRCA, and duplicate that coverage under a standalone act. The SRCA currently provides compensation to all Commonwealth employees and is administered by Comcare on behalf of the Department of Employment. It also covers Australian Defence Force members and former members for injuries and disease related to service rendered prior to 1 July 2004, as administered by the Department of Veterans' Affairs. Military members with injuries or disease related to service on or after 1 July 2004 onwards have coverage under the Military Rehabilitation and Compensation Act 2004, commonly known as MRCA.

The main benefit in excising the coverage of Defence Force members from the SRCA into a standalone act, to be titled the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, or DRCA, is that the Minister for Veterans' Affairs will have responsibility for all compensation acts covering Defence Force members. This bill simply replicates SRCA. Eligibility and benefits under the act will be the same as those currently available to current and former ADF members under the existing SRCA. This means that all precedents and case law relating to this act will continue.

The enactment of the DRCA is also a foundational step towards broader reform being undertaken by the department to significantly improve services for veterans and their families. In keeping with the aims of this reform activity, it is essential that responsibility for all relevant legislation and policy sits with the Minister for Veterans' Affairs. The enactment provisions have been carefully drafted to ensure that eligibility and benefits under the DRCA will be the same as those that were available to serving and former Defence Force members under the SRCA at the time the injury or illness was sustained. This has been further reinforced by the inclusion of a Henry VIII clause, which will act as a safety net for unintended consequences of the creation of the standalone act. Most importantly, it can only be used to the benefit of the veteran and never to benefit the Commonwealth.

On behalf of the minister, I would like to thank the Senate Foreign Affairs, Defence and Trade Legislation Committee for their work on the inquiry into this bill. In particular, I would like to thank their former chair, Dr Chris Back, and the deputy chair, Senator Alex Gallacher. The committee have recommended that the Senate pass the bill.

I would like to acknowledge the contributions to the debate on this bill made by senators today. While we note the concerns of some senators about the use of a Henry VIII clause, this clause, as we have mentioned, is purely a safety net and can never be used to benefit the Commonwealth. The government also notes the concern of some senators to have a review of the use of the Henry VIII regulations under the DRCA. While this, hopefully, will never be used, the government and the department have undertaken to place in each instrument created by the Henry VIII clause a requirement for a review to be conducted by parliament. This will allow the review to be tailored to the regulation that is being made, as well as allowing the benefits to flow to affected veterans while the review is conducted. Additionally, the government noted the suggestions of some senators to introduce aspirations into the bill. However, as we have suggested, the changing nature and complexity of rehabilitation of individuals does not lend itself to rigid legislation. The department must be able to meet individual needs to provide for all veterans and their families.

I would also particularly like to thank the shadow minister for her cooperation in developing the bill. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.