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

by leave—I move opposition amendments (1), (2) and (3) to schedule 1 on sheet 8095:

(1) Schedule 1, item 1, page 4 (after line 16), after subsection 4A(1), insert:

  (1A) Subsection (1) does not apply to the following:

  (a) a decision or determination that the death of a person is not a service death;

  (b) a decision or determination that an injury sustained by a person is not a service injury;

  (c) a decision or determination that a disease contracted by a person is not a service disease.

(2) Schedule 1, item 3, page 5 (after line 23), after subsection 3A(1), insert:

  (1A) Subsection (1) does not apply to the following:

  (a) a decision or determination that a disease suffered by an employee was not contributed to, to a significant degree, by the employee's employment by the Commonwealth or a licensee;

  (b) a decision or determination that an injury (other than a disease) to an employee did not arise out of, or in the course of, his or her employment;

  (c) a decision or determination that an aggravation of an injury (other than a disease) suffered by an employee is not an aggravation that arose out of, or in the course of, his or her employment.

(3) Schedule 1, item 5, page 6 (after line 30), after subsection 4B(1), insert:

  (1A) Subsection (1) does not apply to the following:

  (a) a decision that the death of a veteran was not war-caused;

  (b) a decision that an injury suffered by a veteran is not a war-caused injury;

  (c) a decision that a disease contracted by a veteran is not a war-caused disease;

  (d) a decision that the death of a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), was not defence-caused;

  (e) a decision that an injury suffered by a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), is not a defence-caused injury;

  (f) a decision that a disease contracted by a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), is not a defence-caused disease.

Labor have raised our concerns about the removal of the human decision-making process for veterans who would not automatically receive a claim. As a result, our amendment ensures that any claim made by a veteran that was rejected in the computer decision-making process would be automatically sent to a delegate for review. Labor believes that by doing this, there is still the benefit of a more timely claims process and there is a safeguard of reviewing any claims that are not initially accepted in the computer system.

To be clear, as an example, should a veteran make six claims and five of those claims be accepted and one be rejected, the rejected claim is sent to a delegate for review, but the five that were accepted continue to be processed. This review process will not require the veteran to be consulted initially, which Labor believes is important, in order for a timely decision and to ensure that the veteran does not feel unnecessarily exacerbated during the process. Labor believes that this will ensure that there are no veterans worse off while also ensuring that the Department of Veterans' Affairs can begin to work towards its veterans-centric reform. Labor recognise the concerns and issues that Senator Lambie has just raised with regard to computer decision-making and on claims for liability, but believe our amendments cover this position and support the amendment.