Dan Tehan (Wannon, Liberal Party) Share this | Hansard source

I thank the member for Batman for the constructive way that he has engaged on this bill. I look forward to working with him where I can in a most cooperative manner so that we can make sure that these matters are dealt with in a very constructive and bipartisan way.

The bill gives effect to the remaining's veterans' affairs 2015 budget measure that will benefit the Defence and ex-service community. The bill will implement the streamlining of the appeal process under the Military Rehabilitation and Compensation Act, MRCA. This will be of benefit to future, current and former members of the ADF covered by the MRCA. Under the current arrangements, a claimant may seek a right of review through either but not both the Military Rehabilitation and Compensation Commission or the Veterans' Review Board. They then have a second right of review to the Administrative Appeals Tribunal. The bill will streamline the appeals process under the MRCA by creating a single first-tier appeal path directly to the Veterans' Review Board. This will simplify the process for claimants by removing the current complexities faced by veterans in deciding which appeal path to take, and the potential impacts of that decision such as different time limits apply to the submission of appeals.

This is a streamlined process that combines the advantage of the two current paths. The Veterans' Review Board provides a process that is non-adversarial and veteran friendly. Overall, the single appeal path will encourage and support participation in the process to reach a resolution for the veteran at the earliest possible point. The chair of the Military Rehabilitation and Compensation Commission has given an undertaking that the commission will conduct section 347 reviews in the same manner that section 31 reviews under the Veterans' Entitlements Act currently occur.

The bill will also give the Administrative Appeals Tribunal the discretion to award costs in favour of the claimant in relation to a decision of the board. Until now, under the MCRA, the tribunal had no ability to award costs in relation to decisions of the board. The circumstances under which the tribunal has the discretion to award such costs are intended to ensure that the right decision is made at the earliest level of decision making. It is also intended to ensure that the awarding of costs at the tribunal in relation to the decisions by the board does not discourage the presentation of documentary evidence at the earliest possible stage of the decision-making process.

This streamlined single appeal path is broadly supported by the veterans' and ex-service community. This 2015 budget measure contributes to this government's commitment to recognising and meeting the needs of current and former members of the Australian Defence Force and their families.

I seek leave to table a document that illustrates the proposed single appeal pathway.

Leave granted.

I commend the bill to the House.

Question agreed to.

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