Scott Ryan (Victoria, Liberal Party) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

VETERANS' AFFAIRS LEGISLATION AMENDMENT (SINGLE APPEAL PATH) BILL 2016

I am pleased to present legislation that will give effect to one of the Veterans' Affairs 2015 Budget measures.

Since coming to office, the Government has honoured its commitment to recognise the unique nature of military service.

The amendments made by the Veterans' Affairs Legislation Amendment (Single Appeal Path) Bill will simplify and streamline the appeal process under the Military Rehabilitation and Compensation Act by changing to a single appeal path.

Currently, a claimant may seek a first tier right of review through either, but not both, the Military Rehabilitation and Compensation Commission or the Veterans' Review Board.

They then have a second tier right of review to the Administrative Appeals Tribunal.

Following the changes in this Bill, the first tier right of review will be to the Veterans' Review Board.

The second tier right of review to the Administrative Appeals Tribunal is not changing.

The Chair of the Military Rehabilitation and Compensation Commission has given a written undertaking to the Senate that upon an application to the Veterans' Review Board being received, there will be an internal Commission review under section 347 of the Military Rehabilitation and Compensation Act. The internal review will operate in the same way as the section 31 review process under the Veterans' Entitlements Act 1986, which is well understood by ex-service organisations and has been operating successfully for nearly two decades. This undertaking has been described in Explanatory Memorandum to this Bill.

The purpose of the change to a single appeal path was to avoid the complexities that claimants currently face relating to different time limits for the submission of appeals, different times taken to determine the review and the choice they make impacting on entitlement to legal aid and the awarding of costs for appeals that progress to the Administrative Appeals Tribunal.

The original proposal to change to a single appeal path has been modified so that the Tribunal will have, under certain circumstances, the discretion to order costs in favour of the claimant in relation to proceedings before the Tribunal in respect of reviews of Veterans' Review Board decisions.

By limiting the circumstances under which the tribunal may award costs in favour of the claimants, the amendments also seek to ensure that this extension does not discourage the presentation of evidence at the earliest possible opportunity and the full participation and cooperation of claimants in the decision-making process.

Over the years ex-service organisations have sought an increase in the prescribed maximum amount, currently $467.50, for re-imbursement of medical reports obtained by applicants seeking review by the Veterans' Review Board. Acknowledging this amount has devalued since its introduction in 1994, I commit to review this amount to a more realistic level.

Since 1 January 2015 the Veterans' Review Board has been conducting a trial of Alternative Dispute Resolution in the NSW/ACT registries. The initial results have been positive. I am now looking to fully evaluate the trial and examine the potential for a national roll out of Alternative Dispute Resolution at the Board.

These amendments will introduce a single pathway of appeal under the Military Rehabilitation and Compensation Act but will also ensure that the right decision is made at the earliest possible time at the lowest possible appeal level.

I want to acknowledge the very strong support for these changes from the veteran and ex-service community.

Debate adjourned.