Glenn Sterle (WA, Australian Labor Party, Shadow Assistant Minister for Road Safety) | Link to this | Hansard source

I rise to speak on Veterans' Affairs Legislation Amendment (Partner Service Pension and Other Measures) Bill 2019. I'm grateful for the opportunity to speak on this bill which, importantly, has bipartisan support. The bill is designed to improve the outcomes for former partners of veterans, as well as extending the benefits available to ADF members who served on submarine special operations. Labor recognises that it is within community expectation for veterans and their families to be looked after. This includes the high-quality care and support that this bill will ensure. This has, of course, bipartisan recognition in this place.

To summarise, schedule 1 of this bill will improve financial outcomes for the former partners of veterans. Schedule 2 of this bill extends benefits available to ADF members who served on submarine special operations, as I said earlier. Schedule 3 is a technical amendment to align marriage related definitions in veterans legislation with the definition of marriage made by the Marriage Amendment (Definition and Religious Freedoms) Act 2017, or the marriage amendment act.

Allow me to go through each schedule in slightly more detail. Schedule 1 proposes amendments to the Veterans' Entitlements Act 1986 to align the eligibility for the partner service pension by removing inequalities that currently exist between married and unmarried former partners of veterans. The service pension is the payment made to eligible partners, former partners and widows or widowers of veterans. It provides for a regular income for people with modest means. It is subject to an income and asset test. Under this, a former partner would include former de facto partners of a veteran, persons who were formally in a registered relationship with a veteran, and persons divorced from or separated but still married to a veteran.

There is also a current inequity that is remedied by this amendment. It gives effect to a 2019-20 budget measure related to married and de facto partners by extending the service pension for 12 months post separation. In doing this, we recognise the difference in contemporary relationship types by removing any discrimination. Furthermore, in relation to special circumstances, which may include domestic and family violence or abuse, the amendment allows for former partners to remain eligible to receive a partner service pension after the 12-month period. The amendments ensure that all former partners can continue to receive the service pension for 12 months after separating from the veteran or until they enter into a new relationship and beyond this period indefinitely—again, until they enter into a new relationship where special domestic circumstances exist or where the veteran dies within 12 months of separation.

This is an important measure that brings the system in line with the contemporary reality of relationships. It comes out of the Fourth Action Plan of the National Plan to Reduce Violence Against Women and their Children and will assist partners to leave a violent relationship by providing them with financial support. This is an important step as, time and time again, we are told by the experts of the financial and logistical barriers to women leaving violent relationships. So having a measure like this developed in response to a range of evidence, stakeholder consultation and feedback is, of course, pleasing.

Allow me to go through some of the background here. This is based on findings from Flinders University research into families of veterans in 2017, which highlighted the potential link between post-traumatic stress disorder and domestic violence and the government's family assistance package. This package was part of the response of the 2016 Senate inquiry into suicide by veterans and ex-service personnel, which Labor helped push to establish. The research related to this was consulted on by the Female Veterans and Veterans' Families Policy Forum as well as the Ex-Service Organisation Round Table, which is also known as ESORT, one of the key forums for the veteran community.

In February 2018 a Senate estimates hearing canvassed the issue of former partners, with particular reference to those who have experienced domestic violence and cease to be eligible for the partner service pension on divorce. It was in response to this that the government decided to include divorced couples in this measure, which is fair and sensible. Groups such as Partners of Veterans Association of Australia have also raised concerns about non-married partners ceasing to be eligible for the partner service pension upon separating from a veteran. This association, including the ex-service community more generally, has signalled its approval of the measure since its announcement.

At this point I should note that Labor has always been the champion of policies that support women. This, of course, extends to partners and families of current and ex-service personnel as well as measures that address domestic violence. Labor supports policy and legislation of this nature, especially when veterans and the ex-service community have often said that they feel as if military and veterans' families are ignored when it comes to discussions of support and assistance.

We know the critical role families and partners play in supporting and caring for ex-service members and veterans, and it is important to note that military life is unique, and families are also deeply affected by military service. This is why at the last election we prosecuted a policy for a national family engagement and support strategy that would better engage and support families who experience suicide or suicidal ideation, PTSD and other issues pre and post military service. As this measure is broadly consistent with Labor's approach to supporting veterans and their families, we support it. I note that this measure will begin on 20 September 2019, pending passage of the legislation.

In schedule 2, the proposed amendments amend the Veterans' Entitlements Act to reclassify service by ADF members on submarine special operations during the period 1 January 1993 to 12 May 1997 as operational and qualifying service. Doing this will provide access to the disability pension as well as provide eligibility for the service pension at age 60 and the gold card at age 70, covering medical treatment for all conditions. Furthermore, the period between 13 May 1997 and 30 June 2006 will not require legislative change and will be subject to future determinations of non-warlike service, providing further support to eligible ADF members involved in submarine special operations.

This all comes following a review by the Department of Defence on the nature of service on submarine special operations. This is also an extension of the current eligibility period under the act which only covers service on special operations between 1 January 1978 and 31 December 1992. This will give a new generation of submariners better access to treatment benefits, compensation and income support. Any claims arising from this service will be assessed under the more generous 'reasonable hypothesis standard' of proof and will be eligible for treatment of and compensation for injuries and disease that can be attributed to their service. If passed, these amendments will commence the day after royal assent, and eligibility will be backdated to 1 July 2019. Labor is in agreement on the need to recognise the unique nature of submarine special operations service. This reflects our country's debt to the service and sacrifice of all our veterans.

Schedule 3 involves technical amendments that arose in relation to changes to the definition of marriage made by the Marriage Amendment (Definition and Religious Freedoms) Act 2017. By amending the definitions of 'widow' and 'widower' in the Defence Service Homes Act 1918 and the Veterans' Entitlements Act, we ensure consistency. The marriage amendment act amended the Marriage Act 1961—Commonwealth legislation—to remove gendered language within these definitions and restrictions that limit marriage in Australia to the union of a man and a woman. This meant that, in Australia, two people now have the freedom to marry each other, regardless of their sex or gender. This amendment expands eligibility for subsidised housing loans and subsidies under the Defence Service Homes Act, as well as for pensions under the Veterans' Entitlements Act. This creates a tangible way in which we can improve support for same-sex partners of veterans.

Finally, a technical amendment under schedule 3 replaces a reference to a direction under subsection 5R(5) of the Veterans' Entitlements Act and replaces this with the term 'determination'. In doing so, we make both acts align with current Australian marriage law. Labor supports modern relationships and the need to remove discrimination surrounding them. These amendments will commence the day after royal assent.

In closing, it is important to stress that Labor wants to work in a constructive and bipartisan way with the government in relation to how we treat our veterans and their families. Labor believes that this bill is in line with that aspiration. On that note, I commend the bill.

Slade Brockman (WA, Liberal Party) | Link to this | Hansard source

I rise to make a short contribution on this bill, the Veterans' Affairs Legislation Amendment (Partner Service Pension and Other Measures) Bill 2019. I will not cover much of the territory covered by Senator Sterle—he explained the provisions of this bill very well—but I do want to make a few brief remarks. I think it's vital that we always mention, with respect and a recognition, the service that our veterans, our service men and women, have given to this country over a very long period of time, and making sure that that service is recognised appropriately is something that this government is, of course, very committed to.

This bill builds on an ongoing commitment to veterans that equates to over $11 billion annually in contributions. There was $11.5 billion in the 2019-20 budget year alone for supporting veterans and their families. This is important for a reason—not only because it gives us the opportunity to say we recognise their service but also because it actually makes a very real difference in the lives of real people who have served and their loved ones. And you only need to go to one degree of separation to find someone close to you who is a veteran or a family member of a veteran who is helped by these kinds of supports.

I'll give you an example. One of my young staff members had a grandfather who served in the Royal Navy for six years. As a result of his time in service, he developed a melanoma which unfortunately metastasised and spread rapidly. Thanks to the support that governments of all persuasions have provided, the gold card covered the chemotherapy, the surgical treatments and, eventually, the palliative care for her grandfather. He did pass away, and then the grandmother was eligible, with the assistance of an application supported by the RSL, for a war widow's pension. Obviously, this was a very, very difficult time for my staff member's grandmother—a very tough time which included some serious health issues of her own. However, again with the support provided through a war widow's pension, she managed to get the treatment she needed and is now happy, healthy and living a full life. So these kinds of changes do make a very real difference in the lives of real people and the lives of our veterans.

As Senator Sterle outlined, there are a couple of key changes here, which I will also mention. One is to make sure that the PSP, the partner service pension, is available to eligible partners, former partners, widows and widowers of veterans by changing the definition of 'partner' under the legislation to include de facto partners and ex-partners, subject to certain criteria—a postseparation buffer period of 12 months, or until a new relationship is commenced, where ex-partners may still receive the partner service pension. Also there are provisions that cover the situation where, if a service man or woman dies within 12 months of separation, the partner is still able to receive the pension. Obviously, it is very important to change rules to take into account the changing circumstances in our society.

I will also mention, just briefly, the coverage in schedule 2 of the extended service on submarine special operations. These changes came out of a review by the Department of Defence into the nature of service on submarine special operations, and they give effect to the government's decision for service between 1 January 1993 and 12 May 1997 to be classified as operational and qualifying service under the Veterans' Entitlements Act. This is an extension to the eligibility period under the VEA, which currently only covers between 1 January 1978 and 31 December 1992.

Submarine special operations are, obviously, highly classified and sensitive, and the nature of these operations is not publicly disclosed. However, this change provides a new cohort of submariners with greater access to treatment, benefits, compensation and income supports. Any claims arising from this service will be assessed under the more generous reasonable hypothesis standard of proof. These submariners will be eligible for the gold card when they turn 70 and may be eligible for the service pension at age 60.

This measure recognises the unique nature of the submarine special operations service and reflects the government's admiration of the service and the sacrifice of all veterans.

Rex Patrick (SA, Centre Alliance) | Link to this | Hansard source

The Centre Alliance will support the Veterans' Affairs Legislation Amendment (Partner Service Pension and Other Measures) Bill 2019. This bill has three schedules. Schedule 1 will align the entitlements to the partner service pension for separating spouses and de facto partners. This is a sensible amendment, and reflects the modern construction of families. Where couples separate, the non-veteran partner will be entitled to receive the partner service pension for a period of 12 months but, importantly, in cases where separations are a result of domestic violence, the 12-month period will be extended. In his second reading speech, the Minister for Veterans' Affairs, the Hon. Darren Chester, indicated that he will make a legislative instrument under subsection 38(2AD) to extend the period to post-separation entitlement in circumstances of domestic violence until they re-partner. This recognises that victims of domestic violence often take some time before they re-partner and that until they do they will not be financially penalised.

Schedule 2 extends the deeming provision for submariners who participated in special operations between 1 January 1978 and 12 May 1997. These operations will be deemed to have been operational service and this will make it easier for these veterans to establish eligibility for any claims related to service, and they'll be able to receive medical treatment.

Being a former submariner, I know the difficulties associated with some of the security measures around submarine operations. Submariners in the past have gone on operational missions that the Navy would consider as close to warlike service as you can possibly imagine in terms of danger and so forth. They are highly important, and I won't go into the details in the chamber of course, but these operations have over many years kept Australia well informed and safe. The difficulty is when a veteran turns up to seek entitlements: it's very hard to establish those entitlements because some of these operations are classified top secret with code words and, simply, very few people have access to the details. These veterans, due to the nature of their service—serving their country in almost warlike conditions—have great difficulty establishing their service, and this amendment addresses and removes that difficulty. So it's a good thing.

Schedule 3 aligns the Defence Service Homes Act 1918 and the Veterans' Entitlement Act 1986 to modernise the definition of spouse in light of the changes to the Marriage Act. This amendment will remove any references to gender to couples who are married. Centre Alliance will continue to support amendments that make the claims process easier for veterans and their family members. I commend the bill to the Senate.

Perin Davey (NSW, National Party) | Link to this | Hansard source

In rising to speak on the Veterans' Affairs Legislation Amendment (Partner Service Pension and Other Measures) Bill 2019, I note that this is not my first speech. Having previously served in the Royal Australian Army Ordnance Corps as a reservist, I appreciate the opportunity to speak on this bill and, in doing so, reaffirm my appreciation and admiration for all the men and women who serve Australia in uniform, both at home and abroad.

It is incumbent on all Australians to respect and recognise our returned servicemen and women, and those who have been prepared to put their lives on the line, literally, for our nation, our values and our way of life. Our veterans have made great sacrifices for our country, and the onus is on us now to support them. Regrettably, our veterans have not always received the support they deserve. This bill takes a significant step towards fixing that. On that note, I want to take this opportunity to commend my Nationals colleague the Minister for Veterans' Affairs, the Hon. Darren Chester MP, as well as the staff of the Department of Veterans' Affairs for the work they have done in bringing forward these practical amendments.

This bill contains three sets of amendments. It will improve the outcomes for former partners of veterans receiving the partner service pension, it will extend the benefits available to Australian Defence Force members who served on certain submarine special operations and it will make the technical amendments necessary arising from the changes to the definition of marriage by the Marriage Amendment Act. Together, these amendments will ensure that our veterans pension framework is modern, accessible and equitable and that it recognises the differences in relationship types and removes any form of discrimination from our legislative framework.

The sacrifice made by any partner of a veteran cannot be understated. Once legislated, these amendments will ensure that all partners, be they former, current or widowed, will receive up to 12 months of continued partner pension after the end of a relationship with a veteran or until the partner begins a new relationship. In special circumstances, including where domestic violence occurs, these payments could continue beyond the 12-month deadline. The government has already provided $6.2 million for this measure over the forward estimates, and it will commence on 20 September if passed by parliament.

I am proud of the Nationals track record for delivering services and support for veterans and their families. In government, alongside the Liberal Party, we provide more than $11 billion a year to support around 280,000 veterans and their families, widows and children. But there is still so much work that needs to be done. Many in our veteran community face ongoing difficulties upon returning to their civilian life and they struggle to make the transition. Their families are, of course, impacted by the unique pressures that come with military life and afterwards.

Two recent reports, the first prepared by the Australian Institute of Health and Welfare, commissioned by the Department of Veterans' Affairs, and the other prepared by the Australian Housing and Urban Research Institute, highlight the challenges our veterans face. It is not good enough that our veterans, who serve our nation selflessly and honourably, then have to face battles of a different kind. They have higher rates of unemployment, homelessness, relationship breakdown and mental health issues. And it is a national tragedy that our veterans are overrepresented in suicide rates. The government are taking practical steps to address the challenges facing our veterans communities. We continue to work hard with stakeholders and people representing veterans communities to ensure that veterans receive the ongoing support they need from both the government and the community at large. This bill is just one part of the government's broader strategy to achieve that. The amendments in this bill, once legislated, will mean better outcomes for veterans and their families. I commend this bill to the Senate.

Jordon Steele-John (WA, Australian Greens) | Link to this | Hansard source

The content of the Veterans' Affairs Legislation Amendment (Partner Service Pension and Other Measures) Bill 2019 reflects a wonderful process of realisation in this space that relationships look different today than they might once have done, that Australia has moved forward and that there are certain realities of human relationships that exist that we recognise now and no longer ask to be hidden in the shadows as something shameful. Its measures are the result of a good deal of consultation with the veterans community as well as a much-needed review by the Department of Defence into these relevant matters.

I commend its sections to the chamber as well as noting that, as we pass pieces of legislation in this area, we must always remember and recommit ourselves to that process of deep listening alongside our returned service personnel. We should not simply take the low-hanging fruit and do what we can to generate for ourselves a quick and easy media release that we can fire off to our email lists, but do the hard work—sit down with veterans who have experienced deep trauma, sit down with their families, and grapple, fearlessly, with the very many complex and intertwined emotional and social ramifications of someone's service in the armed forces. It can be a difficult thing to do. It can be a harrowing thing to do.

As a senator, having recently taken on this particular area of responsibility, it has been a journey towards the realisation that the actions of this parliament, or indeed the inaction of this parliament, have a very profound effect upon folks who rightly feel themselves to have begun participating in a process which would always place them at the centre of our national debates and at the centre of the deep-thinking processes of this place only to return from their service and confront bureaucracies and systems which they often experience to be more difficult to confront and more traumatic to experience that those which they may have confronted in combat zones.

There has been much work done in the last years on attempting to improve these processes or at least to be seen to attempt to improve these processes. However, I have, in my short time in this role, received enough correspondence and feedback from people working in this space that speaks to me very clearly the reality that there is a lot more work to do so that our systems and processes properly support returned service personnel, their families and the people who have been impacted by their service to our nation in those particular roles.

I can't help but, on moments like this, when we consider such legislation that calls upon us to reflect on the responsibilities that we have to those who serve in our armed forces, to observe the strange absence that is at the heart of this chamber's responsibility in this space when it comes to the issue of the absence of a war powers act in Australia. I have never been able to square it, and can no more square it now, that neither we in this chamber nor those in the chamber opposite are asked to take full responsibility for the implications of entering into that armed service space in times of war. And I would reiterate at this moment that my party, the Greens, advocates for the chambers to take on that clear-eyed responsibility and to decide that we should never again place our armed service personnel in harm's way, telling them to go elsewhere and defend this nation, without being prepared to vote for that action and take on the responsibility for the impacts of that action. That being said, I commend this bill to the chamber.

Linda Reynolds (WA, Liberal Party, Minister for Defence) | Link to this | Hansard source

I'm absolutely delighted to speak to the Veterans' Affairs Legislation Amendment (Partner Service Pension and Other Measures) Bill. I was listening very closely to the previous speaker, Senator Steele-John. I thank him for his compassion, care and concern, but I would say that this government has reflected very deeply on the issues that he mentions, as have many members of this and the other place. This is a very complex area of policy, and this bill is a very welcome next step in the journey of improvement for our veterans and their families.

The bill is designed to improve the assistance and support that we provide former partners of veterans and also, separately, to extend the benefits available to ADF members who served on submarine special operations. As the Minister for Defence, I recognise that service in the Australian Defence Force often brings with it particular sacrifices due to that service. I also recognise that these sacrifices can impact not just upon the serving member but also very deeply on their families. Without the support of family members in particular our men and women cannot undertake effectively their service. In effect, families serve alongside those men and women in uniform.

The Australian community has made clear its expectations of us when it comes to the way that we treat serving members, veterans and their loved ones. This government is absolutely committed to providing the highest levels of support we possibly can. Schedule 1 of the bill will improve financial outcomes for the former partners of veterans. Schedule 2 of the bill will extend benefits available to ADF members who served on submarine special operations. Schedule 3 of the bill is a technical amendment to bring marriage related definitions in veterans legislation within the definition of marriage made by the Marriage Amendment (Definitions and Religious Freedoms) Act 2017.

The amendments to the Veterans' Entitlements Act under schedule 1 of the bill will bring consistency to the partner service pension for all former married and non-married partners. This will ensure that the partner service pension provisions are free from discrimination and recognise the differences in relationship types. Once this bill is passed, all eligible former partners of veterans will remain on the partner service pension for a period up of to 12 months after separation from their veteran partners. Additionally, where special domestic circumstances apply, including domestic abuse, amendments to the relevant legislative instrument will allow all former partners to remain eligible to receive the partner service pension until they enter into a new relationship. This preventive measure is a part of the government's Fourth Action Plan of the National Plan to Reduce Violence Against Women and Children. By providing financial support at a critical time, this measure will assist partners to leave a violent relationship.

The amendments to the VEA under schedule 2 will extend eligibility for benefits to ADF members who served on submarine special operations between 31 December 1992 and 12 May 1997. This period of service will be recognised as operational and qualifying, which will provide access to the disability pension. This change will also allow for eligible veterans to have improved access to assessment claims for treatment and also for compensation, as well as providing eligibility for the service pension at age 60 and the gold card at age 70. Additionally, the period between 13 May 1997 and 30 June 2006 will not require legislative change but be subject to future determinations of non-warlike service, which will provide further support to eligible ADF members involved in submarine special operations.

The amendment to the Marriage Act 1961 removed the restrictions that limited marriage in Australia to the union of a man and a woman. It allowed two people the freedom to marry in Australia, regardless of their sex or gender. Schedule 3 is a technical amendment arising from the changes to this definition of marriage.

These amendments will mean better outcomes for veterans and for their families who have served alongside those men and women in uniform for many, many years. For all of these reasons, I heartily commend this bill to the Senate.

Question agreed to.

Bill read a second time.