Ross Hart (Bass, Australian Labor Party) Share this | Hansard source

I rise today to speak on the Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017 that is currently before the House. I have listened with great interest to the very insightful contributions that have been offered to the House by the members for Fremantle and Canberra. In particular, regarding the decisions that were made many, many years ago. I do trust the decisions that we take these days in this place have a greater sense of the impacts that we have on others and, in particular, on our Indigenous peoples.

The first schedule of this bill amends the Australian Participants in British Nuclear Tests (Treatment) Act 2006. It legislates for treatment for all conditions with respect to participants in the British nuclear tests, the BNT program in Australia; the British Commonwealth Occupied Force, the BCOF program; and civilians who were present at a nuclear test area during what is referred to as a relevant period. As I said earlier, these are obligations created in a bygone age at the commencement of what we now know to be the Cold War, when our understanding of what was appropriate with respect to nuclear materials handling was in its infancy.

The BNT program saw the United Kingdom conduct 12 major nuclear weapons tests in Australia during the 1950s on the Montebello Islands off Western Australia and at Emu Field and Maralinga in South Australia. As we heard in the address of the member for Freemantle, it seems that the obligations that we took upon ourselves at this time were to comply with the wishes of others overseas—particularly from the United Kingdom—without regard to the effect upon our people, our citizens and, in particular, our servicemen and women and Indigenous landowners. It seems from the present day looking back that there was no regard, or insufficient regard, for the rights of the Indigenous occupants or traditional owners of those lands. Again I thank the member for Freemantle for his insight into the practical effects and the loss of connection with country. We are still dealing with the consequences now, 75 years later.

In this bill before us the definition of 'nuclear test participant' is deliberately broad and it includes a person present in a test area and individuals involved in the transport, recovery, maintenance or cleaning of a vessel, a vehicle, aircraft or equipment that was contaminated as a result of its use in the nuclear test area. The definition also includes those BCOF veterans sent to Japan in 1946 to oversee the removal of the country's war-making capacity and maintain military control. As the legislation currently stands, there are no provisions for BNT participants and BCOF veterans to be granted treatment for all conditions under the Veterans Entitlement Act based on their nature of service. In 2010, the then Labor government provided additional assistance to BNT veterans who were also members of the ADF by reclassifying their service as non-warlike or hazardous peacekeeping service. This classification provided some nuclear test participants with access to some assistance under the Veterans Entitlements Act. This included access to the disability pension and the war widows pension. The bill that we have before us now extends that treatment to BCOF veterans and civilians, as well as providing full health coverage for all conditions. This is a good measure.

I do note that the expanded coverage does not extend to the wives and widows of the veterans or to their children. Nevertheless, a widow may be entitled if that person can satisfy the usual requirements for a war widow's pension. This is a concern to me personally, given reports that the children and grandchildren of participants in the BNT program suffered from increased rates of a range of medical problems such as cancer, birth defects and heart disease, and increased rates of miscarriage and stillbirth. In fact, during the address from the member for Freemantle we heard the personal experience of one veteran in that respect. However, unfortunately that is not a matter for veterans entitlements legislation but another far more complex conversation about our obligations with respect to past wrongs. I acknowledge that the expansion as it stands has been welcomed by BNT and BCOF veterans, many of whom have experienced significant health complications. Veterans should be able to not only receive the treatment they deserve but also have their experiences, and the long lasting consequences of those experiences, acknowledged.

Schedule 2 of this legislation seeks to amend the current outdated work history restrictions for the special and intermediate rates of disability pension provided to the VEA to better reflect modern working arrangements. These changes will remove the current requirement for claimants over 65 to have worked for 10 years with the same employer and for self-employed clients to have worked a minimum of ten years in the same profession, trade vocation or calling. Rather, the work history will only require a period of 10 continuous years of work in any field or vocation prior to applying for the special or intermediate rates of disability pension. This is an inherently sensible reform, given the reality of the modern work environment, where people have the potential to have many careers over their lifetime.

The final schedule of this legislation inserts instrument-making powers into the Safety, Rehabilitation and Compensation Act, and the Military, Rehabilitation and Compensation Act, enabling the Military Rehabilitation and Compensation Commission to determine a class of persons eligible to participate in an early access to rehabilitation programs. This is a most desirable outcome, given that early access to rehabilitation facilitates participation in economic activity, with all the ensuring benefits of work, recovery and wellbeing. The benefits of an early intervention such as provided for here are well recognised, and Labor is supportive of a process which is designed to improve outcomes for our ex-service Defence personnel.

Indeed, Labor is supportive of all three measures in this bill. However, I would echo the sentiments of the member for Kingston, the shadow minister for veterans' affairs. It is imperative that our veterans are able to get assistance when they need it. I meet regularly with veterans and representatives of service organisations who consistently indicate to me that the complicated and adversarial DVA claim process and the prolonged waiting times diminish their feelings of value and, in some cases, leave them questioning why they served at all. We must recognise and value the experience and sacrifice of current and former service personnel in serving their country both at home and abroad. They deserve specialised, tailored assistance. Further investment in frontline services and towards structural improvements within the Department of Veterans' Affairs must be a priority moving forward to best honour and support the veteran community.

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