Jenny McAllister (NSW, Australian Labor Party, Shadow Assistant Minister for Families and Communities) Share this | Link to this | Hansard source

I rise to speak about the Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018. As it stands, generally a person affected by a service injury or disease must make a claim themselves. However, in limited circumstances, a claim may be made by another person on their behalf. This legislative change will provide another avenue for claiming, which may streamline the claims process and, in some instances, help to facilitate earlier acceptance of liability.

Further reforms to align the powers of the Military Rehabilitation and Compensation Commission to allow them to obtain information under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 are also included. The changes will allow the MRCC to require information from any Commonwealth state or territory departments and authorities. This includes agencies such as the ATO, Centrelink and Medicare. Both of these schedules seek to streamline processes and improve the claims process broadly and the process of obtaining information for DRCA clients. It's for this reason that Labor is supportive of these measures.

Finally, the legislation will ensure that lump sum determinations made by the Secretary of the Department of Social Services will apply as exempt lump sums from the income test that applies to DVA income support clients when appropriate. Currently, the Repatriation Commission often implements separate yet identical exempt lump sum determinations for payments that have already been exempted by DSS. This places an unnecessary additional burden on DVA which could be removed by allowing exempt lump sum determinations made by DSS to apply to DVA income support clients where the exemption is consistent. This bill seeks to streamline the claims process, make it easier for the MRCC to obtain information for DRCA clients and prevent unnecessary delays with the creation of additional instruments. Labor are supportive of the measures, which seek to improve processes for veterans and their loved ones, and as such offer our support for this bill.

Anne Ruston (SA, Liberal Party, Assistant Minister for International Development and the Pacific) Share this | Link to this | Hansard source

I'd like to thank the senators who have contributed to the debate on this bill and acknowledge the continued tradition of bipartisan support for our veteran community demonstrated by the opposition. The Veterans' Affairs Legislation Amendment (Omnibus) Bill 2018 is designed to improve outcomes for serving Australian Defence Force members, veterans and their families and will ensure that essential services are available to veterans when they need it. This bill demonstrates the commitment this government made in 2016 and 2017 to put veterans first and continues on measures we introduced earlier this year under the Veterans' Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Act 2018 and the Veterans' Affairs Legislation Amendment (Veteran-centric Reforms No.2) 2018 Act.

The Australian community has a clear expectation that veterans and their families will be well looked after. This bill will extend claim avenues to include the Chief of Defence Force, resolve veterans' claims more quickly by strengthening the ability of the Military Rehabilitation and Compensation Commission to obtain information from third parties, and expedite lump sum exemptions for veterans by simplifying DVA and Department of Human Services processes.

Schedule 1 of the bill would amend the Military Rehabilitation and Compensation Act 2004 to enable the Chief of Defence Force to make a claim for liability on behalf of a current serving Australian Defence Force member where the member suffers a service injury or disease and agrees to the Chief of Defence Force or his delegate making that claim. Veterans will benefit in having their future claims for related diseases and conditions that manifest after their service more easily accepted. DVA will be able to use the additional claim data at the point of injury to better inform decisions around trends in injury and the onset of other conditions. This may inform related policy on simplifying and streamlining the claims process.

Schedule 2 of the bill would enable the Military Rehabilitation and Compensation Commission to obtain information in determining a claim for compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988. Veterans can be adversely affected when information critical to their claim is not provided by third parties. These provisions will provide veterans and their families with easier access to information relevant to their compensation claim. The provisions will require Commonwealth, state and territory departments and third parties to provide information to the commission. This will ensure that the commission has access to all the information necessary to make decisions on claims. The amendments would bring the DRCA in line with the Military Rehabilitation and Compensation Act 2004 and the Veterans' Entitlements Act 1986.

Schedule 3 would improve administrative practices in the Department of Veterans' Affairs concerning income support clients and the exempting of certain lump sum payments from the income test. The amendments to the Veterans' Entitlements Act 1986 would allow certain lump sum determinations made by the secretary for social services to apply to income support clients where that determination is consistent with the Department of Veterans' Affairs legislation and policy. The Repatriation Commission will retain a discretion to make a determination to specify an exempt lump sum where they may need to. The amendment will not change the current exclusions of the determination as it applies to companies, trusts and primary production. Each of these amendments will mean better outcomes for veterans and their families. I commend this bill to the Senate.

Question agreed to.

Bill read a second time.