Amanda Rishworth (Kingston, Australian Labor Party, Shadow Parliamentary Secretary for Health) Share this | Hansard source

I rise today to speak on the Veterans' Affairs Legislation (Budget and Other Measures) Bill 2016. From the outset, I acknowledge that the opposition will be supporting this legislation, because it does acknowledge the unique nature of service and does look to extend support to many who need our help. This bill gives effect to three veterans' affairs budget measures that seek to extend the eligibility for non-liability healthcare treatment, pay interim incapacity payments at 100 per cent of normal earnings, and align the cut-off age for incapacity payments to the increasing pension eligibility age.

The extension of non-liability healthcare treatment for certain conditions was indeed welcomed by the veteran's community earlier this year. Non-liability health care means that veterans are not required to demonstrate that their condition is related to their service and enables treatment for certain conditions to be separated from the compensation claims process of the Department of Veterans' Affairs. I have spoken to a number of organisations who have acknowledged the importance of non-liability health care, particularly in relation to mental health. As member may be aware, early intervention in mental health treatment can result in better outcomes for the clients. I saw firsthand in my previous job working as a psychologist the importance of early intervention.

As we know, wounds are not just physical; they can be psychological as well. Psychological injuries are just as incapacitating as physical injuries and if left untreated can lead to complex social problems. Mental health is one of the impacts of war and it is a challenging area with wideranging impacts. It is vital that support is available to current and ex-serving defence personnel as soon as it is needed. Access to appropriate services can prevent problems reaching crisis point. It is important that we are able to support our veterans before they reach this tipping point, not only for them but also for their families.

Currently, non-liability health cover for veterans covers the following conditions: post-traumatic stress disorder; depressive disorder; anxiety disorder; alcohol use disorder; substance use disorder; cancer—malignant neoplasm; and pulmonary tuberculosis. However, for these conditions, there is a qualifying period of three years continuous full-time service and a diagnosis upfront. The legislation before the House today will expand the eligibility for mental health conditions and alcohol and substance use disorders. This extension means that veterans and current serving defence personnel no longer need to have served three years continuous full-time service and will no longer have to lodge an application with a current upfront diagnosis prior to accessing treatment for mental health and alcohol and substance use disorders. Veterans will have to have only served one day of full-time service and will now have six months to obtain a diagnosis. It is estimated that these changes will affect around 67,000 additional current and former permanent members of the ADF, who will now become eligible to receive non-liability health care. In addition, this includes victims of abuse in the ADF who may have previously been excluded due to the length of their service.

The process itself has also been improved to assist applicants. These changes mean former ADF personnel will be able to access support immediately by calling or emailing the department and requesting treatment. They will then have six months to provide a diagnosis to the department. This is a highly logical change which recognises the importance of early intervention and enables people to begin treatment as soon as practical.

Mental health is a challenging and complex area with wide-reaching consequences, and I am pleased to see the government is extending this additional support to our veterans. The extension of non-liability health care has been welcomed by ex-service organisations, with a number of the ESOs highlighting to me how this has assisted and will assist their clients. While there is still a way to go in relation to mental health, with regards to access to specialist services amongst other issues, I am pleased to see this positive development in this important area.

The second significant change proposed by this legislation relates to the payment of interim incapacity payments. These amendments seek to change the amount which incapacitated ex-service personnel are paid while the actual amount of their compensation is being determined. As it stands, incapacitated ex-service personnel are paid at the national minimum wage while their claims are being processed. Understandably, this amount can be less than what they were earning at the time of the injury and, as a result, during this time that their claim is being determined, can lead to financial hardship. The amendments allow for payments to continue at 100 per cent of the ex-service personnel's normal earnings that they were receiving at the time of the injury until their claim is finalised.

For these claimants, whose circumstances have rapidly changed, the last thing they need in addition to their injury is to wonder how they will meet their financial obligations. This change will help both the claimants and their families to focus on what is next and not how they are going to get by while their application is being processed. These amendments will assist both veterans and their loved ones to focus on getting the help they need to reorient their lives.

This part of the legislation required some additional teasing out, as concerns were raised by ex-service organisations about whether there was a risk that incapacity payments would exceed the compensation payments and therefore leave individuals with an amount owing to the department. I raised these concerns with the Minister for Veterans' Affairs, and I have been assured that this is a highly unlikely situation given the types of payments that are being made. While I appreciated that the chances were unlikely, I asked the department to investigate if this had occurred previously and if, under the proposed changes, there were any times when this could have occurred. I am advised there has been no record of this having occurred since 2014 and that, if we were to review the last 12 months as though these changes were already implemented, there were no times when this would have occurred within this time period. In addition, we received assurances around the processes of recovering the interim payments from the ComSuper payout, insofar as these amounts have always been recoverable. I would like to thank both the minister's office and the department for their assistance in working through these concerns. It is because of this work that we are in a position to support this bill. I would also like to acknowledge the RSL and ADSO for their assistance in relation to this legislation. They provided feedback on the proposed changes.

The final amendment relates to the increases in age pension eligibility. This is a logical alteration which is required due to changes in the Social Security Act. This change increases the age of pension eligibility by an increment of six months starting in July 2017 and lasting until 2024, which will bring the new pension age to 67. Currently, incapacitation entitlements cease when the veteran reaches 65 years of age or, if they occurred on or after the age of 63, after a maximum of 104 weeks of incapacity payments have been made. However, with the changes to the Social Security Act, which increases the pension eligibility age, we need to amend the act to prevent a gap where injured veterans are unable to access an incapacity entitlement or the age pension.

This schedule will align the Military Rehabilitation and Compensation Act 2004 to ensure that veterans are not left without income support. These changes will also automate the process and align the legislation with the defined pension age as detailed in the Social Security Act, ensuring that we are not required to make amendments every six months.

We certainly see this as a logical amendment and one that we do support. Our veterans deserve world-class care and support, and delivering this remains a priority area for Labor. We will continue to work with the government over this term of parliament to ensure that veterans and currently serving Defence personnel are supported and valued. As such, we will provide bipartisan support for this bill. I firmly believe that it is our duty to assist our veterans who have put their lives on the line, and therefore I commend the bill to the House.

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