Don Farrell (SA, Australian Labor Party, Shadow Minister for the Centenary of ANZAC) Share this | Link to this | Hansard source

I rise to speak on the Veterans Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013. I do appreciate that it is in the category of non-controversial legislation; however, a number of very important points can be made about this legislation that ought to go on the public record.

I start my contribution by recognising that much of the work that appears in this legislation was in fact prepared by the former Minister for Veterans' Affairs, Mr Warren Snowdon. It is part of the terrific legacy of work on veterans affairs that he leaves this parliament. The amendments proposed in this legislation are primarily technical in nature but are all quite crucial in amending other pieces of legislation, which will have long-term benefits for our veterans. The amendments do a number of things. They add flexibility to the payment of some veterans benefits; they extend coverage, making definitions consistent across social security and veterans affairs legislation; they improve debt recovery coverage; and they correct errors in a number of pieces of legislation. I will briefly take the time of the Senate to expand on each of those.

As I said, this legislation was a creature of the former minister, Minister Snowdon. It was first introduced into the 43rd Parliament on 27 June 2012 as the Veterans' Affairs Legislation Amendment Bill 2012. It was passed by the House of Representatives on 22 August 2012 and was introduced into the Senate on that same day. However, the previous bill did not pass the Senate. We have had some experience this morning with legislation that should have passed through the last parliament but, one way or another, did not go through. Unfortunately, this piece of legislation fits into that category. It passed the lower house and should have proceeded through the Senate, but the election intervened, resulting in it lapsing. The current Minister for Veterans' Affairs has reinvigorated this legislation and brought it back for our consideration.

As it stands, there are three main acts of parliament that provide for compensation and coverage of war or defence service injury, disease or death. The first of those is the Veterans' Entitlements Act 1986. It provides for those who undertook operational service, peacekeeping service, hazardous military service and/or peacetime military service between 7 December 1972 and 6 April 1986. The second piece of legislation is the Safety, Rehabilitation and Compensation Act 1988. It provides coverage for illness, injury or death arising from military service undertaken between 3 January 1949 and 30 June 2004. The third piece of legislation is the Military Rehabilitation and Compensation Act 2004. It provides coverage for illness, injury or death arising from military service undertaken from 1 July 2004.

The Australian Participants in British Nuclear Tests (Treatment) Act 2006 provides for eligible nuclear test participants to receive treatment and testing for cancer. From October 1952 until October 1957, British atomic weapons were detonated at Montebello Islands off the west coast of Western Australia and, as I am sure you will be familiar with, Mr Acting Deputy President Gallacher, at Emu Field and Maralinga in South Australia. Participants eligible for assistance under this scheme included Defence Force personnel, public servants and civilian contractors. You may recall, Mr Acting Deputy President, that there was some discussion about this earlier today, when the Senate was dealing with legislation to open up Woomera for mining exploration and development.

The purpose of this bill is to amend the Australian Participants in British Nuclear Tests (Treatment) Act 2006 and the Veterans Entitlements Act 1986 so that the payment of travel expenses for treatment may be approved by the Repatriation Commission before or after the travel has been undertaken; to clarify provisions relating to advance payments for travel expenses; and to make minor clarifying amendments. The bill also amends the Military Rehabilitation and Compensation Act 2004 and the Veterans Entitlements Act 1986 to allow for the extension of special assistance benefits under these acts to those who would not otherwise be eligible by way of legislative instrument made by the Military Rehabilitation and Compensation Commission or the Repatriation Commission respectively, rather than by regulation. It also amends the Veterans' Entitlements Act of 1986 to extend the application of debt recovery provisions to cover legislative instruments made under the Veterans' Entitlements Act of 1986. Another important change in this Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill of 2013 is to rename the War Precautions Act Repeal Act of 1920 as the Protection of Word 'Anzac' Act of 1920. Further changes amend the Defence Services Homes Act of 1918 to extend entitlements for the benefits under this act to the Australian Defence Force members who were on board HMAS Canberra as part of Operation DAMASK VI between 13 January 1993 and 19 January 1993.

Another change to legislation as a result of this bill—which goes through with the full support of the opposition—is the amendment to the Military Rehabilitation and Compensation Act of 2004 to clarify the various references to 'written determinations'—legislative instruments—and to replace references to 'disallowable instrument' with 'legislative instrument'. Amendments are also being made as a result of the successful passing of this legislation to the Military Rehabilitation and Compensation Act of 2004 to replace references to telephone and pharmaceutical allowances with reference to the Military Rehabilitation and Compensation Act of 2004 Supplement. In this respect there are a number of other amendments that are consequential upon that change. The first of those is to amend the Social Security Act of 1991 to correct references to sections of the Veterans' Entitlements Act of 1986. Further, there are changes to amend the Veterans' Entitlements Act of 1986 to correct references to sections of the Social Security Act of 1991 in regard to eligibility for attendant allowances. The third change in this regard is the amendments of the Veterans' Entitlements Act of 1986 to align definitions of various forms of maintenance income with those contained in the new tax system, Family Assessment Act of 1999.

There are further tax implication changes that are incorporated in this bill. They relate to amendments to the Income Tax Assessment Act to make it clear that the treatment costs and reimbursements under the Australian Participants in British Nuclear Tests (Treatment) Act are exempt from income. It may be considered that this is perhaps one of the most significant variations of this bill. There were 155,000 claims for reimbursement processed in the year 2010-11, and that is a very important element. This will clarify administrative arrangements for the payment of travel expenses under the Veterans' Entitlements Act and the Australian Participants in British Nuclear Tests (Treatment) Act.

There will also be amendments to Defence Services Homes Act to ensure that those with operational service as part of Operation DAMASK VI in 1993 are eligible for subsidised home loans and insurance under that act. This is another important benefit of this legislation and, as I said, it emanated from the previous minister, Mr Snowdon. This bill will also ensure the bereavement payments for funeral expenses for Indigenous Veterans' or members whose exempt income for the purposes of the Social Security income test. There are a number of amendments to the definition of 'Australia'—these are minor amendments—to authorise Clean Energy payments under the Veterans' Entitlements Act of 1986 and the Military Rehabilitation and Compensation Act of 2004 to residents of Norfolk Island.

The bill will also provide for more timely provisions of special assistance under the Veterans' Entitlements Act of 1986 and the Military Rehabilitation and Compensation Act of 2004. That will be done via a legislative instrument, instead of the current arrangement that requires regulation. So, it is a simplification of the procedures, and I think it will be appreciated by the veteran community. The bill will also ensure that debt recovery provisions will be applicable to all relevant provisions of the Veterans' Entitlements Act of 1986, the regulations and any legislative instruments made under the Veterans' Entitlements Act of 1986 and amend the Military Rehabilitation and Compensation Act of 2004 to replace obsolete references to pharmaceutical allowances and telephone allowances. The final point I would like to make in respect of this legislation is that the amendments proposed by the bill are primarily technical in nature and, as I indicated earlier, they add flexibility to the payments of the veterans' benefits. The significant thing is that this piece of legislation does have the full support of the opposition, and we will be voting in favour of the amendments in accordance with the bill.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

We have just witnessed another example of the Labor Party's attempt to disrupt the proceedings of this parliament. So far, all year, we have been debating one series of bills: the carbon tax repeal bills. The Labor Party have stacked out the speakers list; there has been filibustering in the carbon tax bills debate beyond understanding. What we have just heard from the shadow minister on this veterans' affairs legislation was simply a repeat of the second reading speech—nothing new was contributed. This is a technical bill for which it took the speaker some 15 minutes to indicate support.

There is other important legislation which needs to be addressed here, but I will draw to the Senate's attention—and, because proceedings are being broadcast, to the attention of those who may be listening to the debate—the extent of the Labor Party's interest in veterans' affairs. In the words of the previous speaker, the shadow minister, this bill was introduced into the Senate on 22 August 2012. I take the previous speaker's word for that, even though I have not checked the date. The date on which the legislation was first introduced fell some 18 months ago. This demonstrates that the Labor Party when in government could not manage the program of the Senate. The same date fell 12 months before the 2013 election, so the Labor Party had a full 12 months to introduce what the shadow minister now says is important veterans legislation. Even so, the Labor Party has not until now bothered to have it brought before the chamber for debate.

These facts are symptomatic of the Labor Party's approach to veterans' matters. The minister said a couple of days ago that there were two occasions on which the Labor Party could have supported the coalition's motion for fairer indexation of veterans' pensions. But the Labor Party in government refused to support it. They are clearly not prepared to assist veterans with a fairer indexation of the entitlements.

If you listened in the past to the former minister in question time and during his ministerial statements, you heard that the arrangements by the previous government for the Centenary of Anzac were practically non-existent and that those in place were a bit of a shambles. Fortunately, the government has changed: we have a minister who is keen to progress the interests of veterans. As Senator Ronaldson has mentioned on a number of occasions, the issues which need to be addressed will be addressed by the present government.

I am delighted that this bill—which the Labor Party claim as their own and which was introduced into the chamber some 18 months ago but which, for whatever reason, was never dealt with by the previous government—is now being dealt with. Hopefully, with the support of the Labor Party—and, I assume, the support of all other parties in the chamber—the legislation can now be passed, albeit some 18 months late.

Scott Ryan (Victoria, Liberal Party, Parliamentary Secretary to the Minister for Education) Share this | Link to this | Hansard source

I commend the bill to the Senate.

Question agreed to.

Bill read a second time.