Skye Kakoschke-Moore (SA, Nick Xenophon Team) Share this | Link to this | Hansard source

My question is to the Minister for Defence, representing the Minister for Veterans' Affairs. On 24 June 2016 at a hearing of the Royal Commission into Institutional Responses to Child Sexual Abuse, the chair of the commission, Justice McClellan, asked a Department of Veterans' Affairs witness to convey to the department his advice that was most critical of some decision guidelines. Justice McClellan advised that the guidelines which DVA is using to reject claims of abuse are 'not in accordance with the law' because the DVA guidelines require the existence of corroborative evidence of the alleged abuse. Will the minister ensure that DVA's decision guidelines on abuse are brought into accordance with the law as per Justice McClellan's advice as a matter of urgency? Further, will the minister direct DVA to review claims which have been previously rejected under these unlawful guidelines?

Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

I thank Senator Kakoschke-Moore for her question, which I understand is her first question in this place. I also acknowledge that the senator provided me with some notice of the question, and I have sought advice from the Minister for Veterans' Affairs to enable me to provide a little more detail.

I understand that Justice McClellan certainly raised a number of issues relating to DVA during a public hearing by the Royal Commission into Institutional Responses to Child Sexual Abuse in June of this year. These issues are very complex and they relate to liability and evidentiary requirements under the Safety, Rehabilitation and Compensation Act. I am advised that DVA have been considering these issues and that they are also examining options to address the issues raised by Justice McClellan to implement improvements for survivors of child sexual abuse. It is expected that any policy changes to be made in response to these issues will enable and assist survivors of child sexual abuse in the pursuit of their claims for compensation, and I understand that examination is actively underway. I am also advised that DVA will revisit rejected claims for compensation arising out of child sexual abuse where those can be identified.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Kakoschke-Moore, a supplementary question?

Skye Kakoschke-Moore (SA, Nick Xenophon Team) Share this | Link to this | Hansard source

It is now almost two years since the Senate Foreign Affairs, Defence and Trade References Committee delivered its Processes to support victims of abuse in Defence report. Apart from the important and welcome decision to remove the three-year minimum service requirement for access to non-liability health care, the government has still not made a substantive response to the report. How much longer will the government keep victims of abuse waiting for a substantive response to the report?

Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

I am advised that the government response to the Processes to support victims of abuse in Defence report was tabled in the Senate on 16 June 2015. Parts of this report related to issues such as expanding eligibility for non-liability health care, as the senator has referred to. In the 2016-17 budget, the government did provide additional funding of $37.9 million to extend that eligibility for non-liability health care for certain mental health conditions to all past and present permanent members of the ADF, regardless of the period or nature of their service. They are important changes.

In relation to the evidentiary difficulties faced by DVA claimants who claim that they have a condition stemming from the abuse they experienced while in Defence service, I am advised that urgent action is being undertaken by DVA to address those evidentiary difficulties in line with its response to the royal commission.

Further, in relation to provision of financial support to organisations assisting victims of abuse, the government are examining those options as we speak. (Time expired)

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Kakoschke-Moore, a final supplementary question?

Skye Kakoschke-Moore (SA, Nick Xenophon Team) Share this | Link to this | Hansard source

The DVA has stated in Senate estimates that it will not search any of its own files for information which could assist victims of abuse to establish their entitlement to benefits because it would be onerous for the department to search all of its files. The department does not deny that there is likely to be relevant information in its files. Will the government direct DVA to carry out a targeted analysis of files to establish what patterns of alleged abuse can be identified?

Marise Payne (NSW, Liberal Party, Minister for Defence) Share this | Link to this | Hansard source

I can advise the senator that DVA does continue to investigate all available sources of evidence to support claims relating to incidents of abuse, and that does include potential use of those DVA claims to identify clusters of abuse. However, I am advised that it is likely that any data prior to 2012 will have limited value in identifying historical claims relating to abuse because the claims processing was based on medical conditions rather than events, which does not therefore necessarily identify an abuse context. DVA does advise me that it encourages any individuals who have had their claim rejected to relodge it if they believe they have further evidence available which may help to substantiate it. I also wanted to add, if I may, for the senator's information, that DVA has also established a specific dedicated team in the Melbourne office to receive and manage all new claims which relate to sexual harassment, assault and physical assault.