Michael Ronaldson (Victoria, Liberal Party, Shadow Minister for Veterans' Affairs) Share this | Link to this | Hansard source

These are most comprehensive changes to the Military Rehabilitation and Compensation Act 2004, and I just want to put it on the public record that it is an utter disgrace that this chamber has been given four minutes to discuss these, including amendments by my colleague Senator Xenophon. The coalition does support the Veterans' Affairs Legislation Amendment (Military Compensation Review and Other Measures) Bill 2013. The coalition will not be supporting Senator Xenophon's amendments, but I want to make one thing very clear: we support the principle of Senator Xenophon's amendments. Our only concern is in relation to the implementation of them and a legislated change to processing times.

As Senator Xenophon knows, in Senate estimates this matter was pursued. The new secretary of the department has undertaken to investigate the issues surrounding these processing times. At 155 days on average, they are 30 per cent longer than the PBS KPIs, at 120 days. I say to you, Senator Xenophon: if there is a change of government then the coalition will work with you in relation to this issue. Our concerns are that a legislated change at this time may have an impact in relation to potentially unintended consequences or to deliverability. We would work with you in government to address an issue that you and I both share.

I want to enable you to have some time to speak on this. This government is in complete and utter disarray. With four minutes, this is a slap in the face for veterans and for due process. The government stands utterly condemned. Quite frankly, changing leaders does not change a bad government, and veterans will be appalled at the treatment they have received today. I want to give Senator Xenophon at least a minute and a half to speak on his amendments.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

It will be less than a minute. I am grateful for the indication of support for the principle of changes to require the department to adhere to time limits in dealing with military compensation claims. This has been triggered by the awful way that Veronica Wadley was treated. I will not be able to speak to these matters. I did speak with Minister Snowdon earlier today and he did indicate that he will be tabling some undertakings in respect of this, but I am very grateful to Senator Ronaldson for the matters that he has raised. This is a farce. I am not going to be able to deal with these matters. It will not do justice to Veronica Wadley and what she went through, and this must never, ever happen again in this chamber. This really is a disgrace when we are dealing with such important legislation.

Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Link to this | Hansard source

I table a document, Administrative protocols for determining claims under the Military Rehabilitation and Compensation Act 2004, which I understand has been the subject of some debate.

Bridget McKenzie (Victoria, National Party) Share this | Link to this | Hansard source

The time allotted for the remaining stages of the bill has expired. The question is that this bill be now read a second time.

Question agreed to.

Bill read a second time.

The question now is that amendments (1) and (2) on sheet 7417, as circulated by Senator Xenophon, be agreed to.

Senator Xenophon's circulated amendments—

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 82 (after line 25), at the end of the Bill, add:

Schedule 17—Further amendments

Military Rehabilitation and Compensation Act 2004

1 After section 333

  Insert:

333A Liability for claim must be determined within 120 days in most cases

Liability for claim must be determined within 120 days in most cases

(1) Subject to subsection (2) and notwithstanding any other provision of this Act or any other law, the Commission must determine whether the Commission accepts liability for the claim in writing in accordance with this Act within 120 days of the date that the claim was given to the Commission.

Note: The Commission must determine whether it accepts liability for the claim within 120 days of the date that the claim was given to the Commission. The time limit in this subsection applies only for the purposes of determining whether the Commission accepts liability and does not impact the time for calculating the amount of damages or determining the assistance that will be provided. The Commission must determine the claim within the shortest reasonable amount of time.

Extension of time when further information required

(2) If, in exceptional circumstances, the Commission requires further information about the claim, the Commission may seek further information in writing from the person making the claim. Where this subsection applies, the Commission is required to determine whether the Commission accepts liability for the claim in writing in accordance with this Act within 180 days of the date that the claim was given to the Commission.

Claim deemed to be rejected

(3) Notwithstanding any other provision of this Act or any other law, the Commission is deemed to have rejected a claim made by a person:

  (a) where the Commission has yet to determine whether or not it accepts liability for the claim and it has requested further information about the claim under subsection 333A(2) and the person making the claim has responded to that request for further information—on the day that is 180 days after the date that the claim was given to the Commission; and

  (b) where the Commission has yet to determine whether or not it accepts liability for the claim and it has not requested further information under subsection 333A(2)—on the day that is 120 days after the date that the claim was given to the Commission.

Note: Where a person makes a claim that is subsequently deemed to be rejected, the person may seek to have the claim reconsidered and reviewed under Chapter 8.

Deemed rejection does not apply where request for further information has not been responded to

(4) Subsection (3) does not apply if the Commission has reasonably requested that a person making a claim provides further necessary information and the person fails to respond to that request for further information.

2 At the end of section 350

(4) Notwithstanding any other provision of this Act or any other law, the Commission must make a determination revoking, confirming or varying the original determination:

  (a) where the Commission has requested further information about the claim and the person making the claim has responded to that request for further information—on the day that is 60 days after the request to reconsider the original determination was given to the Commission; and

  (b) where the Commission has not requested further information—on the day that is 30 days after the request to reconsider the original determination was given to the Commission.

Safety, Rehabilitation and Compensation Act 1988

3 After section 61

  Insert:

61A Liability for claim must be determined within 120 days in most cases

Liability for claim must be determined within 120 days in most cases

(1) This section applies if:

  (a) the person in respect of whom the claim is made is an employee for the purposes of paragraph 6A(1)(a); and

  (b) the period for determining each claim for compensation within the period prescribed by the regulations is greater than the period determined under subsection (4).

(2) Subject to subsection (3) and notwithstanding any other provision of this Act or any other law, the determining authority must determine whether it accepts liability for the claim for compensation in writing within 120 days of the date that the claim was given to the relevant authority.

Note: The determining authority must determine whether it accepts liability for the claim within 120 days of the date that the claim was given to the relevant authority. The time limit in this subsection applies only for the purposes of determining whether the determining authority accepts liability and does not impact the time for calculating the amount of damages or determining the assistance that will be provided. The determining authority must determine the claim within the shortest reasonable amount of time.

Extension of time when further information required

(3) If, in exceptional circumstances, the determining authority requires further information about the claim, the determining authority may seek further information in writing from the person making the claim. Where this subsection applies, the determining authority is required to determine whether the determining authority accepts liability for the claim in writing in accordance with this Act within 180 days of the date that the claim was given to the determining authority.

Claim deemed to be rejected

(4) Notwithstanding any other provision of this Act or any other law, the determining authority is deemed to have rejected a claim made by a person:

  (a) where the determining authority has yet to determine whether or not it accepts liability for the claim and the determining authority or the relevant authority has requested further information about the claim under subsection 61A(2) and the person making the claim has responded to that request for further information—on the day that is 180 days after the date that the claim was given to the relevant authority; and

  (b) where the determining authority has yet to determine whether or not it accepts liability for the claim and the determining authority or the relevant authority has not requested further information under subsection 61A(2)—on the day that is 120 days after the date that the claim was given to the determining authority.

Note: Where a person makes a claim that is subsequently deemed to be rejected, the person may seek to have the claim reconsidered and reviewed under Part VI.

Deemed rejection does not apply where request for further information has not been responded to

(5) Subsection (4) does not apply if the relevant authority has reasonably requested that a person making a claim provides further necessary information and the person fails to respond to that request for further information.

4 At the end of section 62

(7) Subsection (8) applies if:

  (a) the person in respect of whom the claim is made is an employee for the purposes of paragraph 6A(1)(a); and

  (b) the period for determining each claim for compensation within the period prescribed by the regulations is greater than the period determined under subsection (6).

(8) Notwithstanding any other provision of this Act or any other law, the determining authority must make a decision affirming or revoking the determination or varying the determination:

  (a) where the determining authority has requested further information about the claim and the person making the claim has responded to that request for further information—on the day that is 60 days after the request to reconsider the determination was given to the determining authority; and

  (b) where the Commission has not requested further information—on the day that is 30 days after the request to reconsider the determination was given to the determining authority.

Schedule 18—Review of amendments

1 Minister to cause independent review

(1) The Minister must cause an independent review to be undertaken of the operation of the amendments made by this Act.

(2) The review must consider at least each of the following matters:

  (a) the effectiveness of the amendments made by this Act; and

  (b) whether any shorter time frame requirements for decision making in relation to liability can reasonably be achieved by the Commission in terms of the Military Rehabilitation and Compensation Act 2004, or by the determining authority in terms of the Safety, Rehabilitation and Compensation Act 1988; and

  (c) the timeliness and quality of decision making in terms of claims made under the Military Rehabilitation and Compensation Act 2004 or Safety, Rehabilitation and Compensation Act 1988; and

  (d) whether improvements can be made in terms of the decision making process for claims made under the Military Rehabilitation and Compensation Act 2004 or Safety, Rehabilitation and Compensation Act 1988; and

(e) whether the Military Rehabilitation and Compensation Act 2004 or Safety, Rehabilitation and Compensation Act 1988 should include specific provisions requiring that compensation and support be provided to claimants within a fixed period of time;

  (f) similar provisions in other rehabilitation and compensation scheme in the States and Territories of Australia; and

  (g) the ability of the Commission, the relevant authority, the determining authority, Comcare and the Department of Defence to comply with the requirements in the amendments made by Schedule 17 of this Act; and

  (h) whether the amendments by Schedule 17 of this Act have a positive or negative impact upon persons making a claim under the Military Rehabilitation and Compensation Act 2004 or Safety, Rehabilitation and Compensation Act 1988.

(3) The review must make provision for public consultation.

(4) The review must be undertaken as soon as practicable after the end of the period of 12 months after the commencement of Schedule 17.

(5) The person who undertakes the review must give the Minister a written report of the review within 6 months after the end of the 12 month period.

(6) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of receiving it.

Question negatived.