Perin Davey (NSW, National Party, Shadow Minister for Water) Share this | Hansard source

The Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024 has been far too long in the making given the urgency it should have received. This legislation is in response to the Royal Commission into Defence and Veteran Suicide's first recommendation in its interim report, which was handed down in August 2022. The recommendation found that the veteran compensation and rehabilitation legislative system is so complicated that it actually adversely affects the mental health of some veterans and serving ADF members and can contribute to suicidality. The words 'can contribute to suicidality' should have raised a sense of urgency, particularly on an issue that essentially has bipartisan support.

Work on simplifying and harmonising the system should have been a priority even as the royal commission completed its vital and sensitive investigations. Yet it took almost two years for the bill to first be introduced, passing the House of Representatives on 6 November last year after debate originally opened in August. Since then, it has languished on the Senate's Notice Paper. It was first put on the paper on 18 November, and it has been on a veritable roller-coaster, being pulled up and then pushed back on the Notice Paper, going up and down, which shows you the level of priority this government has put on securing the health and wellbeing of our veteran personnel. We must ask: how many more will be let down and feel abandoned before the changes of this bill finally come about, given they will not come into effect until July 2026, nearly four years after the original recommendation was made?

We currently have about 300,000 veterans in Australia. We currently have about 57,000 serving personnel. So we have a great many reasons why we need to get this legislation correct, to get it passed and to get it working. The royal commission reported that 1,677 veteran suicides had occurred between 1997 and 2021, but it is widely recognised that this figure is probably very shy of the more accurate assessment of upwards of about 3,000. The very, very sad reality is that there is more chance of a veteran dying from suicide than dying while serving our country, and that is tragic.

This legislation combines into one the three separate acts that currently exist for entitlements, compensation and rehabilitation support for veterans. The three acts are the Military Rehabilitation and Compensation Act, commonly known as the MRCA; the Safety, Rehabilitation and Compensation (Defence-Related Claims) Act, or the DRCA; and the Veterans' Entitlements Act. They will be combined into an amended military rehabilitation and compensation or the 'MRCA 2.0', as my colleague in the other place shadow minister for veterans' affairs Barnaby Joyce calls it.

Currently, the three acts are over 2,000 pages long. They contain 850 legislative instruments and provide different types of compensation, including pensions, lump sums, periodic compensation payments, healthcare cards and rehabilitation. In some cases, veterans have claims under all three acts. It is no wonder that our veterans community finds it overly complicated as they try and wade through the system. But I want to make the point that it is very important for our veterans community to understand that, in streamlining these three acts into one, no-one who is currently receiving a payment under any of those three acts will be worse off. This is an assurance given to us by the government, and it is an assurance we will hold the government to.

In some instances, allowances will increase: funeral allowances, reimbursement of funeral costs and other service related deaths. There might be higher reimbursements for travel and treatment, and for consolidation of household and attendant care, among other enhancements. This is all welcome. While this bill simplifies veterans' compensation arrangements, the systems remain complex, with veterans and their families still eligible for support under multiple acts. This needs very careful management by Veterans' Affairs.

This bill also requires ongoing consideration and review. That is why we will be moving a second reading amendment, calling for the government to review the statement of principles and the role of the Repatriation Medical Authority offices—not to try and slow things down but to make sure that the statement of principles is fit for purpose and that no-one is slipping through the cracks because the statement of principles is being applied too rigidly—and to look at ways to ensure that the RMAs can do their job without hindrance.

Despite this complexity and despite the time and consideration that has gone into drafting this bill to streamline and harmonise compensation for veterans, we have an eleventh-hour amendment put forward by the government to establish a new veterans commissioner. This is also a recommendation of the royal commission, so the intent and the principle of establishing a commissioner will not be objected to. However, this amendment is being rushed through with a lack of consultation with the very people who have been part of this process all the way along and who participated in the recent Senate inquiry into this bill. This amendment was not part of that inquiry. Those people read about it only last week and have raised quite significant concerns with the way it has been drafted. The question needs to be asked: why does this amendment have to be rushed through today, when a commissioner was already in the pipeline?

On 17 January, Mr Michael Manthorpe was appointed interim commissioner to deliver the establishment of a legislated body by September. This amendment is being rushed through to establish a body by September without allowing consultation and scrutiny, and that is the concern that has been raised with us. The Families of Veterans Guild have written to us specifically requesting the amendment be withdrawn because they say the amendment is a surprise to many stakeholders within the veteran community who, despite receiving multiple communications about the vets bill and a media release about the appointment of the interim commissioner, were not advised about this significant amendment. They fundamentally disagree with rushing this unconsulted amendment through parliament, and they point out that it could have significant consequences for the system and communities within it. The key issues they raise are the lack of transparency and consultation and that there are only two public reports on the status of the implementation of the royal commission required by this amendment; they would like to see further reports.

While we're not opposing this amendment, we are proposing to put through an amendment of our own requiring that the commission be reviewed. Effectively, what should have happened was for us to have had this amendment at the time of the Senate inquiry or to have had it as a standalone bill that we could have sent to a Senate inquiry and had a review on to ensure that it was for purpose, that people could be consulted and that the design of the commission was fit for purpose. We're now having to do that back to front, because the last thing we want to see is the streamlining and harmonisation of the compensation program be held up in disputes. We will pass the substantive bill and accept the amendment, but we hope that our subsequent amendment calling for a review will also gain support. This is a very sensitive and complex area, and most Defence Force personnel enlist and serve their time and then transition back to civilian life okay. Most of them go on to make an enormous contribution to civilian life. A hell of a lot of them work in voluntary services, and I thank them for their continued service to our nation.

I want to take this opportunity to mention and thank Disaster Relief Australia, who are an organisation established by veterans for veterans and veteran volunteers. They step up post disaster and provide management and logistics support to communities that have been impacted by natural disasters. I am sure they are in Far North Queensland as we speak, assisting in the recovery and clean-up efforts. That is an organisation that plays an important role in supporting our veteran community, connecting our veteran members with business holders and with other veterans and giving them that support network. We know through the work of the royal commission that those connections, initiatives and organisations like DRA to assist veterans—similarly to things like veterans' wellbeing centres—provide a hub for connection and support and can really help veterans post their full-time service. We will be supporting this bill, as I said at the outset. It has been a long time coming, but it is the right thing to do to streamline it. I really hope that we continue to watch, monitor and hold the DVA to account. I'm sure they're preparing for the next estimates diligently. Let's hope that we can make our veterans' lives a little bit easier by passing this bill.

I move:

At the end of the motion, add "but the Senate,

(a) notes that there remains concern about aspects of the operation of this bill and, in particular, the rigid nature of the Statement of Principles used in determining claims for liability for injuries, diseases and deaths made by veterans; and

(b) calls on the Government to cause a review to be undertaken by the Senate Foreign Affairs, Defence and Trade Legislation Committee, and in consultation with relevant stakeholders, into:

(i) whether the Statement of Principles are fit for purpose in ensuring that every veteran receives just and timely support,

(ii) the functions of the Repatriation Medical Authority, and

(iii) whether further changes are needed to relevant legislation, policy, procedures or guidelines to improve outcomes for veterans with unique or unusual circumstances".