Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Hansard source

I seek leave to withdraw Jacqui Lambie Network amendments on sheets 3059 and 2912.

Leave granted.

I withdraw the amendments and I seek leave to move committee of the whole amendments standing in my name on sheets 2910, 3051, 2913 and 3049.

Leave granted.

I move:

SHEET 2910

(1) Schedule 1, heading to Division 4 of Part 3, page 51 (line 13), at the end of the heading, add "or while at work etc.".

(2) Schedule 1, item 112, page 51 (after line 26), after paragraph 28(1)(ea), insert:

(eb) the death occurred, or the injury or disease from which the person died was sustained or contracted, while the person was:

(i) at the person's place of work (other than civilian work); or

(ii) temporarily absent from the person's place of work (other than civilian work) during an ordinary recess in that work;

(3) Schedule 1, item 113, page 52 (line 2), after "(ea)", insert ", (eb)".

(4) Schedule 1, page 52 (after line 2), after item 113, insert:

113A Subparagraph 29(1)(a)(i)

Omit "service injury or service disease", substitute "injury or disease".

(5) Schedule 1, item 114, page 52 (line 6), after "(ea)", insert ", (eb)".

(6) Schedule 1, item 115, page 52 (line 10), after "(ea)", insert ", (eb)".

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SHEET 3051

(1) Page 1 (before line 5), before clause 1, insert:

Part 1 — Preliminary

(2) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Parts 1 and 2".

(3) Page 3 (after line 5), after clause 3, insert:

Part 2 — Research into veteran health and wellbeing

Division 1 — Preliminary

5 Definitions

(1) In this Part:

defence member means a member of the Defence Force.

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

Department of Defence means the Department administered by the Defence Minister.

Department of Veterans' Affairs means the Department administered by the Veterans' Affairs Minister.

Expert Committee means the Expert Committee on Veteran Research established by section 9.

veteran means a person who has served, or is serving, as a member of the Permanent Forces or as a member of the Reserves.

Veterans' Affairs Minister means the Minister administering the Veterans' Entitlements Act 1986.

(2) In subsection (1), the following terms have the same meaning as in the Defence Act 1903:

(a) Defence Force;

(b) Permanent Forces;

(c) Reserves.

6 Departments to which this Part applies

This Part applies to:

(a) the Department of Defence; and

(b) the Department of Veterans' Affairs.

Division 2 — Research into veteran health and wellbeing

7 Research workplans

(1) A department to which this Part applies must prepare a research workplan.

Content of research workplans

(2) A research workplan must:

(a) outline the immediate research priorities of the department in relation to issues affecting the health and wellbeing of defence members and veterans; and

(b) outline the long-term research goals and priorities in relation to issues affecting the health and wellbeing of defence members and veterans; and

(c) include information on any planned research activities and research that is currently being undertaken under each research priority outlined under paragraph (a), including the timeframes for the completion and publication of the research; and

(d) identify any current evidence gaps that are apparent in relation to a priority or goal under paragraphs (a) or (b) and detail action that is required or planned to address those gaps; and

(e) establish frameworks for the routine release of information held by the department to external researchers.

(3) In determining the research priorities to be outlined in a research workplan the department must consult the following:

(a) defence members and veterans;

(b) researchers in relevant fields of academic study relating to issues affecting the health and wellbeing of defence members and veterans;

(c) the Expert Committee on Veteran Research.

First research workplan

(4) The first research workplan prepared by a department under this section must be completed before the end of the period of 3 months starting on the day this Part commences.

Research workplans to be updated annually

(5) A department that has prepared a research workplan under this section must update the research workplan annually taking account of the following:

(a) any research activities undertaken during the year under each research priority outlined in the research workplan;

(b) any new research activities that are planned to be undertaken;

(c) any insights gained as a result of the research conducted;

(d) the outcome of periodic reviews of research priorities undertaken under subsection (6).

Periodic review of research priorities

(6) Periodic reviews are to be undertaken of the research priorities outlined in research workplans prepared under this section.

(7) The purpose of a periodic review undertaken under subsection (6) is to ensure research priorities outlined in a research workplan remain relevant to the strategic direction of the veteran support system.

(8) A periodic review must be completed by the end of each of the following periods:

(a) the 3 year period that starts when the first research workplan prepared under this section is published;

(b) each later 3 year period.

Publication and tabling of research workplans

(9) A department that has prepared a research workplan must:

(a) publish the research workplan on the department's website as soon as reasonably practicable after the workplan has been prepared; and

(b) give a copy of the research workplan to the Defence Minister or Veterans' Affairs Minister (as the case requires).

(10) The Defence Minister or the Veterans' Affairs Minister (as the case requires) must cause a copy of a research workplan to be tabled in each House of the Parliament within 15 sitting days of that House after the research workplan is given to the minister.

(11) To avoid doubt, subsection (9) applies to a research workplan that has been updated by a department under subsection (5).

8 Research findings are to be published

(1) Subject to subsection (2), a department to which this Part applies must publish on the department's website the findings of any research undertaken in accordance with a research workplan.

(2) Subsection (1) does not apply to research, or parts of research, that includes information the disclosure of which would involve genuine legal, commercial or national security sensitivities.

(3) It is the intention of the Parliament that research that is to be published in accordance with subsection (1) should be subject to review by independent researchers, including by the Expert Committee, prior to publication.

Division 3 — Expert Committee on Veteran Research

9 Establishment

(1) The Expert Committee on Veteran Research is established.

(2) The Veterans' Affairs Minister is to determine in writing the composition of the Expert Committee, including the qualifications of its members.

(3) The Veterans' Affairs Minister is to appoint the members of the Expert Committee on a part-time basis, and must appoint one of the members to chair the Expert Committee.

(4) A person must not be appointed as a member of the Expert Committee unless the Veterans' Affairs Minister is satisfied that the appointment of the person would ensure that the Expert Committee members collectively:

(a) include members who are experts from government, academia and the private sector with an appropriate balance of skills and experience across the following areas:

(i) military and veterans' affairs;

(ii) injury and illness prevention, including work health and safety;

(iii) mental and physical health care;

(iv) rehabilitation;

(v) family support and other compensation systems or social insurance schemes.

(b) include members with lived experience of:

(i) service life; or

(ii) suicidality; or

(iii) poor mental health.

10 Functions of the Expert Committee

The functions of the Expert Committee in relation to a department to which this Part applies are:

(a) to provide input to the department in the development of research priorities and research workplans; and

(b) to monitor the outcomes of a research workplan; and

(c) to provide advice to the department on research and evaluation matters relevant to improving the wellbeing of defence members and veterans.

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SHEET 2913

(1) Schedule 1, Part 3, page 69 (after line 36), at the end of the Part, add:

Division 15 — Time limits for determining certain claims

Military Rehabilitation and Compensation Act 2004

204 At the end of Part 2 of Chapter 7

Add:

343A Time limit for determining certain claims

Claims for compensation for permanent impairment

(1) If a person makes a claim under section 319 for compensation under Part 2 of Chapter 4 (permanent impairment), the Commission must determine the claim by the end of the period of 120 days (the consideration period) beginning on the day the claim is made.

(2) If the Commission does not determine the claim by the end of the consideration period, the Commission is taken to have accepted the claim.

Claims for compensation for incapacity

(3) If a person makes a claim under section 319 for compensation under Part 3 or 4 of Chapter 4 (incapacity), the Commission must determine the claim by the end of the period of 90 days (the consideration period) beginning on the day the claim is made.

(4) If the Commission does not determine the claim by the end of the consideration period, the Commission is taken to have accepted the claim.

Stopping the clock

(5) If the Commission requests further information in relation to a claim for compensation under Part 2, 3 or 4 of Chapter 4, the time taken for the Commission to receive the further information is not to be included in the relevant consideration period.

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SHEET 3049

(1) Schedule 3, item 10, page 131 (line 29), omit "other than", substitute "including".

(2) Schedule 3, item 10, page 132 (lines 1 to 3), omit subsection 352G(3).

(3) Schedule 3, item 10, page 152 (line 11) to page 153 (line 14), section 353L to be opposed.