21ST Edition – 9 December 2008
'LIST OF
CONCERNS'
1. This list has been developed by the Australian
Veterans and Defence Services Council, (AVADSC), NSW Advisory Committee. It was
initiated in 2002 to record matters raised during the development of the
Military Rehabilitation and Compensation Act (MRCA) at meetings of Ex-Service
representatives in the Department of Veterans' Affairs (DVA)
2. This edition now includes all the issues listed
for consideration by the Government. Each subject heading covered is followed
by ‘Government to address’. The last page lists the items not covered specifically
in the Concerns.
3. Attempts to group the items continue as listed
below, while recognising some could come under more than one heading. Your
comments by e-mail would be most welcome to: john.haynes@defence.gov.au,
or: Building 96 Victoria Barracks, Paddington NSW 2021, phone: (02) 9339 3209.
Please help to keep this list up to date.
·
The
drift to civil norms
·
ADF
general issues
·
Reserve
Forces
THE
DRIFT TO CIVIL NORMS
4.
INDICATIONs OF THE
DRIFT
The Clarke Report recommended that a system based on
'civilian community norms' be used for the military. The MRCA continues the
shift from Military to civilian cover in that, in many ways, it blurs the
fundamental difference between Military Service and civilian work. It fails to
recognisee the unique nature of Military Service whereby a government can call
on some members of the community to give up their employment against their will
and put themselves in harm's way to risk death or injury/wounding, without any
recourse to redress or refusal. No such conditions exist in the rest of the
community. It is incumbent on the Government to stop the trend towards all
cover for injury in Service and other conditions of Service being 'civilianised'. The Government has agreed to
reassess the Clark Report recommendations
*Action by: AVADSC
5.
RECOGNITION OF QUALIFYING SERVICE (QS)
The failure to endorse Gold Cards (GC) under the MRCA to
show QS removes the recognition of the significant differences between war
wounds and peace-time injuries.
*Action by: VVF
6.
DENIGRATION OF QS
Under the MRCA there is little difference between the
compensation paid for less serious disabilities caused while on qualifying
service and in peace time, and no difference at all for serious disabilities.
Income support is exactly the same for both categories, also, payment to
dependent spouses to compensate for a veteran’s death is also at the same rate.
This reverses the eighty years of acceptance that those disabled on QS be more
generously compensated and supported than those hurt in peace-time accidents.
The issue of identical medical treatment cards to both categories also removes
a difference which has been used by State and Local governments as well as
private companies to benefit those who were wounded on the battlefield facing
*Action by: VVF
7.
SUBSTITUTING 'INJURED' FOR 'WOUNDED'(GOVERNMENT
TO ADDRESS)
The increasing use of the civilian term
'injured' is a typical example of the Drift. Service people fighting under
qualifying service conditions may get 'wounded' but not 'injured'. The terms
KIA and WIA are part of our Service heritage.
*Action by: VVF
8.
COMPARISON - STATE ETC AWARDS
We will have to counter the effect of the
bureaucratic move to rely on 'payment for risk' to the ADF with a view to
bringing all compensations for the ADF closer and closer to the 'civilian
norm'. It is simply impossible for a government to pay market rates of ‘danger
money’ to soldiers at war. We must also be alert to other adverse amending
actions. With this in mind we need to monitor State provisions to ensure the
MRCA is amended to guarantee its provisions are significantly more beneficial
than the best State awards. Also note 'inadequacy of the special rate' under
MRCA.
*Action by: MRCA Issue
9. DEFENCE
FORCE DISCIPLINE
A complete change in the system could herald a
Drift to civil norms. This is covered later unless ‘ADF General Issues’.
*Action by: DFWA
10. REVIEW
OF ADF SUPERANNUATION
This review by now will have been made public.
Do the accepted findings constitute a Drift to civil norms? Will all ADF
systems in future be self funding?
*Action by DFWA
11. REVIEW
CONDITIONS UNDER THE MRCA
The likelihood of reviews under the MRCA are
greater than under the VEA. This constitutes a drift to Civil Norms.
INDEXATION
12. INDEXATION
FOR THE ADF
The Government has now addressed the indexation
concerns for VEA, SRCA and MRCA, however, the problem remains for DFRB, DFRDB
and MSBS. Further, the review of superannuation may see yet another scheme for
the ADF introduced Equitable Indexation
Provision are required for the ADF superannuation schemes.
VEA
13. RETROSPECTIVITY
This is a concern in all the injury in Service
legislation. For example, when a claim fails due to a then current SOP, but succeeds
when the SOP is changed, it is not backdated to the date of the original claim.
There are also concerns that access to entitlements has been delayed by
awaiting the outcome of inquiries.
*Action by: All ESOs
14. SOP
CHANGES - NEED FOR ACCRUED RIGHTS
The VEA should be amended to allow pre-SOP
accepted conditions to be viewed as an accrued right and accepted automatically
as satisfying the causal link of an SOP factor.
15. HELP
FOR ALLIED VETERANS
Australian Government income support payments
made to Allied veterans should not have the disability pension payments made by
their parent Government counted for Centrelink income assessment purposes.
*Action by: R&SL
16. EDA
CRITERIA TOO TIGHT (GOVERNMENT TO ADDRESS)
The Government should increase the pension rate and ease
the EDA criteria by reducing the current lifestyle rating from six to five and
averaging a gross score of not less than 20 points derived from each of the
four lifestyle rating elements:
*Action by: EDA
17. INSURANCE
COVER FOR ESO IN ADDITION TO THAT FOR
TIP TRAINED ADVISERS
There is a need for VITA system or the Defence Insurance
Agency to provide free or at least the subidised insurance cover for ESOs,
particularly small ones which are struggling to pay insurance premiums for
their volunteers. After all within the ranks of the ESOs are the pension
advisers and advocates covered by the DVA VITA scheme.
*Action by: AVADSC
18. TIP
TRAINING TO INCLUDE ADF SUPERANNUATION
DISABILITY PROVISIONS
There have been many attempts over the years to have the
ADF superannuation schemes disability provisions included in the TIP syllabus.
It is imperative that this occurs. The Government has promised to increase
funding in support of the TIP program. There is also some concerns that the TIP
syllabus coverage in other areas is deficient and access to courses is
restricted.
*Action by: DFWA, AVADSC
19. ANOMALOUS
DETERMINATIONS ON VEA (GOLD CARD) COVER FOR WW II VETERANS WHO DID NOT GO
OVERSEAS
This is an ongoing source of concern with all
these Service people who served under demanding circumstances in
For example, the Armoured Division personnel who
trained for years in WA under harsh conditions received VEA cover if they were
lucky enough to return to the east quickly and comfortably, by ship. Those who
endured weeks of travel in cattle trucks to return by train did not receive VEA
cover.
*Action by: RAACA, AVADSC, R&SL
20. VEA COVER
FOR ALLIED VETERANS IN
It is understood that our Government will not
move on this until the UK Government agrees to do likewise. As the numbers of
these veterans must now be very few
21. REPATRIATION
MEDICAL AUTHORITY (RMA) PRE-EMPTIVE ACTION NEED
There is a need for urgent amendment of the VEA
to permit the RMA to investigate individual factors referred to it within the
SOPs rather than having to investigate all factors.
*Action by: Legacy
22. PRIORITY
NEEDED FOR VETERANS AND WAR WIDOWS (Government
to Address)
The
Government needs to implement legislative changes whereby veterans with QS and
war widows are given priority on waiting lists for nursing homes and hostels
where their aged care assessment classifications are equal with others on the
waiting list. There is an associated need for increased and greater
availability of aged care facilities and services to meet the special needs of
veterans, both young and old and war widows.
Other related concerns include:
*Action by: R&SL, WWG
23. NATIONAL
EX-SERVICE ROUND TABLE ON AGED CARE (NERTAC) (GOVERNMENT TO ADDRESS)
The NERTAC, along with its State Chapters and
association groups has identified a wide range of concerns. These are too
numerous to include here, although some are covered elsewhere in this list.
Note the intended funding provisions for residential respite and step down
frailties. Here are other principal areas of concern:
Action by: R&SL
24. CENTRE
FOR MILITARY & VETERANS’ HEALTH (CMVH) (GOVERNMENT TO ADDRESS)
All ESOs should note the amount of positive
action being taken through CMVH. Over 40 research projects on health are now
underway by DVA. There is still a need for an independent study of Veteran
suicides and deaths in unusual or unexplained circumstances over the last three
years with a view to ascertaining whether there are any common contributing
factors that might be addressed or used to identify veterans at risk in the
future. Note the DVA/ACPMH partnership proposed.
*Action by: All ESOs and TPIF in particular
25. PHARMACEUTICAL
ALLOWANCE (PA) INADEQUATE FOR SICKER VETERANS AND WAR WIDOWS - THE STRATEGY OF
CREEP (GOVERNMENT TO ADDRESS)
The $2.90 per week Veterans' PA allowance sees Veterans
paying $4.60 if only they need one prescription per week. This translates to
$88.40 out of pocket expense per year.
This expense will increase year by year to $125.20 by 2009.
It is unacceptable that veterans and war widows should be required to fund the
treatment of their medical needs. All such expenses should be paid by
Government. Further, from 1 January 2006 repeat proscriptions within 20 days do
not count towards the safety net or be free if the safety net limit has been
reached. This is inconveniencing veterans in country and rural areas and those
preparing top travel. It should be noted that civilians under Workers’
Compensation court orders pay nothing for prescriptions.
There is also the issue of pharmaceutical benefits for war
widows, who at one time received pharmaceutical benefits free of charge. They
now pay the pension rate co-payments and with the increase in the safety net
amount and the cost of non-generic medicines, the cost of medicine is becoming
a greater element in their cost of living. Further, when their ISS was frozen
from 1986 to 2002 they were greatly disadvantaged in their income and there has
never been any catch-up to compensate.
*Action by: VVF, R&SL & WWG
26. FUNERAL
ALLOWANCE
The funeral allowance needs to be increased to
the same level as that provided for in the MRCA and the GST removed from all
funerals for veterans and war widows. The present provisions are that a WWII
etc veteran under the VEA will be cheaper to bury than an ADF member will be
under the MRCA. This is unacceptable to the veteran community.
27. HELP
FOR HOMELESS VETERANS
It is estimated that between 1,000 and 1,200
veterans suffering Service caused injuries are homeless. Recognition of this by
DVA should bring about a system to cater for these veterans..
*Action by: All ESOs
28. VEA
COVER FOR BCOF VETERANS (GOVERNMENT TO ADDRESS – CLARK)
It is contended that those veterans who were
serving in Labuan prior to the BCOF posting were serving under AIF conditions
of service, thus this cover should have obtain for the BCOF service. Service
with BCOF should be deemed 'warlike' from 13 February 1946 to 30 June 1947,
thus extending VEA cover to all WHO LIVE OF THE 12,000 BCOF veterans.
*Action by: R&SL, AVADSC, BCOF Council
17. ATOMIC
VETERANS (GOVERNMENT TO ADDRESS – CLARK)
AVADSC has represented to Government that the
hazards experienced by the Australians Participants in British Nuclear Tests
have been disregarded and inadequately analysed. The Government processes
allowed an inadequate Dosimetry Report to lead to a flawed Mortality and Cancer
Incidence Report.
The provision by the previous Government for
treatment for cancers does not meet the need for recognition and benefits
sought by these veterans for themselves and for their widows.
An aspect of these issues was the time it took
to reach an outcome on such matters as the Australian Participants in British
Nuclear Tests in Australia, Dosimetry and Cancer Incidence Study. This led to
the reasonable expectation that entitlements should take account of the time
taken by Government and its agencies to reach a decision to give effect to
entitlements such as were envisaged in the Clarke Review Report, eg: by deeming
the Service non-warlike hazardous.
*Action by: NVA, AVADSC, R&SL
30. THREATENED
CUTS TO PENSIONS FOR THE SPOUSE WHO IS SEPARATED
Any such budget must be rejected in its entirety
thereby allowing the legal wife to retain their current Partner Service
Pension. The government must look at programs that would assist partners to
obtain work skills. The government must consider some form of recognition for
the contribution that partners of veterans have made; particularly long term
partners, often to the detriment of their own careers and/or health.
*Action by: PVA
31. ADEQUACY
OF MILEAGE ALLOWANCE AND ASSISTANCE FOR VERY FRAIL VETERANS AND WAR WIDOWS
There is a need for mileage allowance to be
changed to keep pace with actual costs. The steady increases in all other
costs, particularly petrol, associated with car ownership compounds the
financial loss suffered by veterans. These allowance and those for
accommodation, meals etc are all set at less than half of the rates for public
servants.
Further, DVA should increase the level of
support for very frail veterans and war widows, who do not have family of carers
to assist them while using DVA transport to and from medical services.
*Action by: Australian Armed Service Assistance
Centre and VVF
MRCA
32. P
I REVIEW PROVISION UNDER THE MRCA
Review of TPI under the VEA occurs only in
exceptional circumstances, this is not the case under the MRCA. This is
unacceptable and is an example of drift to civil norms.
33. ONUS
OF PROOF
It is clear in the MRCA that DVA bears the
burden of the onus of proof (although there is concern that this is being
circumvented), however, under the SRCA (MCS or MCRS) the burden is on the
claimant. Is this acceptable?
34. COMMON
LAW CLAIM CEILINGS
In the SRCA of 1988 a ceiling of $110,000 was
set for common law claims. This should be adjusted to today's conditions, or at
least fully indexed from 1988 onwards.
A card system based on the VEA administration
process should be available to those not covered by the VEA or MRCA. Those
ex-service people who are covered by the 1930 Act, the 1971 Act and the SRCA 88
should have a treatment card that will assist in the ease of seeking medical
treatment.
Those who served and suffered a defence-caused
medical condition should not be financially disadvantaged and caused undue
stress trying to get reasonable and required medical treatment.
Further, those who are classified as SI should
have all medical conditions covered regardless of whether they are
service-caused.
*Action by: ISPA
35. INADEQUATE
SERVICE REPRESENTATION ON THE MRCA COMMISSION
There should be more uniformed representation on
the Commission at least to the extent of one senior officer with Personnel
experience from each of the three Services of the ADF. Indeed, even more
importantly, ESOs should be represented by an ex-regular officer and an
ex-reserve officer who are each experienced with the Government's treatment of
injured Service personnel.
*Action by: AVADSC
36. REVOCATION
PROVISIONS
Are revocation provisions under the MRCA
acceptable?
*Action by: Legacy
37. THE
PROVISION OF LEGAL AID ONLY TO VETERANS WITH QS
Legal aid should be available to all injured
members appealing decisions under the MRCA. If not, some other form of
financial assistance should be provided. The R&SL initiative for the
provision of Pro Bono advice should be noted but veterans should not be
dependant on pro bono services. The Attorney General's Department should
provide Legal Aid through the existing Veterans Legal Aid Scheme (implemented
by State Legal Aid Commissions) for all serving and ex-service personnel who
make an appeal to the Administrative Appeals Tribunal, regardless of the nature
of their service.
*Action by: DRA, APPVA, ISPA, RDFWA, VVF
38. PRESENTATION
OF OPTIONS FOR CHOICES UNDER THE LEGISLATION (EXACERBATION OF PRE 1 JULY 2004 INJURIES)
Members having already received payments or
pension for injuries sustained before 1 July 2004 may have any in-Service
exacerbation of those injuries treated as an entirely new injury under the
MRCA. Advice is that there will be a choice to add the percentage of injury
under the old or new scheme to total amalgamated cover as for one injury. This
choice will only be offered on an individual basis. There will be no general
offer to those still serving to transfer pre MRCA entitlements, ie.
under the VEA or SRCA (MCS) or the DVA term for the SRCA 'MCRS', to an adjusted
cover under MRCA. Whether this will be a positive or negative will have to be
monitored when the early cases come to our notice. We would expect the new
scheme to be the more beneficial else all our endeavours have failed. However,
some claimants will want to test this by returning to the pre MRCA system of
claiming under each and comparing the offers!
They should be presented with options under each
scheme before deciding which to accept. There is a need for the ADF to educate
members in this aspect, also the TMS should incorporate this in its standard
service. Further, there is a need for financial planning advice to be made
available to members in these circumstances. Such expert advice should be
funded by the Government.
39. FINANCIAL
ADVISERS
Regulars being discharged are given support to
obtain financial advice. There is a need for DVA under the LINKS Scheme
arrangements to either endorse or accredit selected financial advisers to avoid
the poor and/or biased advice now often offered by many. Again the ADF could
help with in-Service education.
40. APPLICATION
OF VEA SOPs
Although the MRCA is strongly linked to the SRCA
against our wishes, it does draw from the VEA in some areas. The use of the VEA
SOPs to test claims under the MRCA may disadvantage ADF members. No such test
was used under the SRCA (MCS). As many SOPs are out of date and many are still
to be developed. We will need to monitor the effects to judge them for equity.
This item needs checking.
*Action by: ISPA
41. CLOTHING
ALLOWANCE FOR DISABLED VETERANS
It seems this entitlement has been removed from
the MRCA. It should be included.
*Action by: ISPA
42. LEVEL
OF IMPAIRMENT FOR PERMANENT INCAPACITY
The projected 80 impairment points are too difficult to
reach, based on the current lifestyle rating. The requirement should be 70
impairment points, as it is currently under the VEA.
*Action by: VVF
43. COVER
FOR EX-POWs AND THOSE IN EQUIVALENT SITUATIONS
There does not appear to be provision in the MRCA for
special conditions to cover Ex-POWs and, for example, soldiers taken as
hostages by terrorists. We believe that this should be included as well as
entitlement provisions for the widows of these Service personnel, such as automatic
issue of the GC.
*Action by: VVF
44. ELEGIBILITY
CRITERIA FOR CLAIM ACCEPTANCE
This should be linked to lifestyle not just
hours worked and income earned.
*Action by: VVF
45. WORK
PLACE REMUNERATION ARRANGEMENTS (WRA)
WRA for the ADF are required to follow civil
norms. The Defence Force Remuneration Tribunal
(DFRT) is the ADF forum for wage fixing, however the process does not
follow civil norms in one aspect to the disadvantage of ADF members. Under the
WRA civil norm members have a right to vote on remuneration proposals. This
should be introduced under the ADF DFRT system.
*Action by: DFWA
46. PARTNER
DEPENDANCY
The term 'Partner Dependency' used in the MRCA
should be changed to 'Wholly or Substantially Dependent' as used in the VEA to
cater for legitimate causes of forced separation such as violent domestic
situations or long hospitalisation. Cover is also needed for other family
members of single soldiers KIA.
47. VEHICLE
ASSISTANCE SCHEME
We need to ensure that this entitlement has been
carried over from the VEA in its entirety.
48. NEED
TO MONITOR THE APPLICATION OF THE 'DEEMING TO BE EMPLOYABLE' PROVISIONS
This item needs to be validated and then
expanded.
49. NOTIFICATION
OF SUBSTANCES ABUSE
We should note that his indicates the
bureaucratic ignorance of the possible horror and adverse effects of
operations. We need to monitor the application of this aspect.
50. CHILDREN'S
BENEFITS
Will children's benefits for those still
studying be stopped due to part time work? This needs checking and its
relationship to legislation clarified.
51. SUPPORT
FOR HIGHER LEVELS OF TRAINING
The levels of training linked to rehabilitation
seem to be tied to the members’ previous achievements. There should be no cap
on the level of training to be supported provided this is not detrimental to
their health.
52. STATUS
OF ASSETS
Currently the addition of PI and IP payments are
counted as financial income for assets for income support payments under the
VEA and Social Security Act 1991 (SSA), including income earned from them.
Current PI payments for VEA and SRCA are not counted as income under the VEA.
However the SSA includes that income and provisions for PI (NEL) to be paid on
or after the age of 65 years of age will no longer be available to those with
service-related conditions that worsen. Currently the Extreme Disabled
Adjustment (EDA) is accessed through the VEA. This reduction in entitlements is
not acceptable.
53. NOTIONAL
$100 PER WEEK ADDITIONAL PAYMENT
This is welcomed in principle as recognition of
the 'hidden' value of Service benefits which are lost on discharge, eg
accommodation and food costs, clothing allowance, medical and dental care etc.
This will be subjected only to CPI adjustments, which is criticised elsewhere.
As a notional figure the $100 seems paltry. The unanimous view of ESOs is that
the sum of $100 per week is totally inadequate and therefore unacceptable. It
should be at least doubled to $200 per week. Defence has details of the basis of
this which should be obtained and updated to support this concern.
*Action by: VVF
54. REASONABLE
EXPECTATIONS
This has been hotly argued with no success to
date. A Private sailor, soldier or airman invalided at age 21 will have his/her
lifetime payment geared to the salary of a Private, even though he/she would
most likely have reached a higher rank if uninjured. This is inequitable but
not recognised in the Act. The Act does include some provisions acknowledging
the need to provide for 'reasonable expectations'. Thus, this inequity is
highlighted by the case, for example, of a fully qualified professional who has
just left university and is due to take up a lucrative position but who is
seriously injured whilst serving in the interim period in the Reserves.
*Action by: DFWA
55. CIVILIAN
SALARIES FOR COMPENSATION PURPOSES REGULARS AND RESERVES
If a Regular is granted compensation some years
after leaving Service, the payment will be based on his salary at time of
discharge, despite the fact that he/she could be receiving a higher civilian
salary when the delayed effects of the Service injury are felt. Reserves on the
other hand who receive a salary higher than their Service pay will have the
civilian salary used as the basis for payments. To be equitable the higher
salary at the time of granting the payment should be used to assess all the
entitlements.
*Action by: DFWA, DRA
56. NEED
FOR REVIEW OF ALL MILITARY COMPENSATION ARRANGEMENTS (GOVERNMENT TO ADDRESS)
In response to complaints and requests from the
ex-service community, the Government will examine the Military Compensation
system covering:
¨
The
operation to date of the Military and Rehabilitation Compensation Act 2004.
¨
The
legislative schemes that govern military compensation prior to the 2004 Act and
any anomalies that exist within these schemes.
¨
The level
of medical and financial care provided to Defence personnel injured during
peacetime service.
The review will also be tasked with considering the suitability
of access to military compensation schemes for members of the Australian
Federal Police who have been deployed overseas.
*Action by: AVADSC
CARERS
57. EDA
CARERS - CARERS' ALLOWANCE (THE GOVERNMENT TO ADDRESS
For veterans in receipt of the EDA, who are still at home,
their 'carers' should be automatically granted a Carer's Allowance. There is a
need for DVA to be the principal in all payments, not Centrelink for veterans
and war widows, to ensure payments are kept at least as high as civil norms.
*Action by: VVF
58. CARERS’
RECREATIONAL SUPPORT
There is a need to extend financial support to carers so
they can accompany veterans to recreational activities.
*Action by: ISPA and R&SL
59. FINANCIAL
SUPPORT FOR NON-QUALIFIED CARER FOR THE SEVERELY DISABLED
Despite DVA assurances that financial provision is made for
non-qualified carers such as family members, the allowance is inadequate
particularly when the family member has to give up employment to provide the
care.
*Action by: ISPA
60. CARER’S
CARD
Government should issue a Card for Carers to access
entitlements as with other Cards issued by DVA under the VEA and MRCA.
*Action by: PVA
61. STATUS
OF VETERANS' WIDOWS
There is a need to recognise all veterans'
widows as members of the veteran community by:
a) Improving recognition by politicians, the
bureaucracy and the ex-Service community.
b) Commemorating all veterans with QS and their
widows in Gardens of Remembrance.
62. SHORTCOMINGS
IN VEA COVER FOR WIDOWS AND CHILDREN
Improvement to VEA Cover for widows and children
is required by:
a) Providing the GC to widows in receipt of or
eligible for the Service Pension, regardless of the cause of death of the
veteran.
b) Ensuring bank fees for the payment of
compensation pensions to widows residing overseas being paid by Government.
c) Allowing War Widows living overseas to claim for
and be granted the ISS.
d) Restoring the GC to the disabled dependents of
deceased veterans who had either warlike
or non-warlike Service.
e) Improving pensions for the children of veterans
where the veteran's death is Service related.
*Action by: Legacy
63. ELIGIBLE
YOUNG PERSONS
Variations are needed in eligibility involving removal of
restrictions relating to partly dependent children and ensuring benefits are
available to young persons 'not ordinarily in employment'.
*Action by: Legacy
ADF
GENERAL ISSUES
64. TRANSITION
MANAGEMENT SERVICE (TMS)
The TMS seems to be functioning well in its
introductory stage. We have been promised its expansion to cover all discharges
to ensure every member with current adverse effects or possible future adverse
effects from Service, are properly advised on their entitlements. The challenge
is to keep the pressure on DVA to expand the TMS as soon as is practicable for
DVA and acceptable to ESOs. There are serious concerns that some reservists
have not been receiving the benefits of the TMS and being denied Service
support of any kind. There is a lack of understanding of the different
provisions applying before 1 July 2004 under the VEA/SRCA(MCS)/ MCRS and after
1 July 2004 under the MRCA. Defence should be keeping the pressure on DVA to
introduce the expanded TMS. Members to be discharged on medical grounds should
have ALL their post discharge entitlements formalised before discharge.
There is a need for the links to the Defence Web site to be updated. The TMS is
just one aspect of the Links Scheme
Initiatives to improve the LINKS and TMS
arrangements are continuing. ESO’s role should be to monitor outcomes and
ensure all are kept informed of progress.
*Action by: All ESOs
65. TMS TO
INCLUDE ASSISTANCE IN FINDING EMPLOYMENT
As the TMS expands we must ensure that this
assistance becomes available to every ADF member on discharge.
*Action by: AVADSC
66.
COVER FOR ADF FAMILIES TRAVELLING TO NEW POSTING
LOCALITIES
The MRCA should extend cover for injury to all family and
dependent members during this travel. After all, it is Government funded
travel. There is also concern for those dependants where, due to their location
as a Service requirement, may be exposed to hostile acts.
*Action by: DFWA
67. SPECIAL
SUBMARINE OPERATIONS
Certain RAN submarine operations should be
designated on warlike service, however they must meet the test of the present
definition of warlike and qualifying service before this can be supported.
*Action by: RANA
68. DEFENCE
FORCE DISCIPLINE – THE IMPLICATIONS OF CHANGE
The Defence Force Discipline Act of 1982 has now been
replaced. While Unit Commander’s summary punishment has been retained, all
higher levels have been replaced by independent bureaucracies, both legal and
civil. These are the Director of Military Prosecutions, the Registrar of
Military Justice and the Australian Military Court. This may prove to be an
excellent system or it may constitute an unacceptable Drift to civil norms. We
must monitor the new system.
*Action by: DFWA
69. ADVERSE
EFFECTS OF EXPOSURE TO SUBSTANCES
There is a long history of government reluctance to
acknowledge the harmful effects of substances to which the ADF has been exposed
in warlike operations and in peacetime preparation of the ADF for war.
*Action by: AVADSC
70. CASES
OF EXPOSURE TO SUBSTANCES (GOVERNMENT TO
ADDRESS – F111 ISSUE ONLY)
Concerns of the effects of Depleted Uranium (DU)
are increasing but more specific information is needed to force Government to
respond. The results of USA studies
should help. The fact that the USA and New Zealand have accepted that Veterans
have been exposed to chemicals (Agent Orange for example) should be raised with
Government to request similar acceptance for the ADF and ex-Service people.
Beryllium, F111 fuel tank chemicals and asbestos have been accepted but DU has
not been recognised. We await a DVA report on the latter. There is also concern
over the drinking water carried by RAN ships involved in the Vietnam War.
Further, there is a need to monitor the effects of more recent UN etc
conflicts.
*Action by: AVADSC, SAC, WA, APPA, RANA
71. CANCER
TREATMENT – NON SERVICE RELATED
The Government’s policy for a person to claim
under the special provisions for treatment of non-service related cancer under
sub-section 85 (2) of the VEA 1986, veterans and serving members must have had
particular types of service. Generally they must have:
·
Served in
the ADF in WWI or WWII.
·
Served in
one of the conflicts Australia has fought since WWII.
·
Had three
years continuous full-time service as a member of the ADF (or been discharged
as being medically unfit due to that service) on or after 7 December 1972.
·
Have been a
member of an International Peacekeeping Force.
However, the provision does not include a
pension benefit to the veteran or his widow should he die of the cancer.
Further, the special provisions for Atomic Veterans should be catered for. It
is noted that the Government intends to review the Clark Review
Recommendations.
72. MENTAL
HEALTH DISORDERS & REHABILITATION -
SUPPORT FOR SERVICE PEOPLE & CARERS (GOVERNMENT TO ADDRESS)
The Government needs to formally recognise and
foster the critical role that primary carers and families provide for veterans
suffering from mental health disorders. Where necessary Government should
provide additional support services, particularly to support the DVA policy
which places more reliance on community health structures. All initiatives in the area should be structured
within the TMS, particularly rehabilitation. The intended partnership between
DVA and the ACPMH should be noted.
As part of the initiatives being proposed to
improve mental health care, DVA requested ESO comment on a document ‘Improving
access to community based mental health care options for veterans’. These
initiatives recognise that carers and families play a significant role in
dealing with mental health matters. The establishment of the National Veterans’
Mental Health and Well Being Forum , along with Project ASIST Suicide
Awareness, also recognises the need for increased consultation, awareness and
education that is required in respect of mental health in the veteran
community. Further, there is a need for the establishment of a health plan for
Carers.
*Action by: ISPA, R&SL
ADF
SUPERANNUATION
73. REVIEW
OF SUPERANNUATION (GOVERNMENT TO ADDRESS)
Such a review has now been made public. Many
items in this list may need adjustment when the Government decides what action
is to follow.
There are two concerns so far –will any changes
be made retrospective and will the changes indicate a Drift to civil norms?
74. ASSISTANCE
FOR DEFENCE SUPERANNUANTS LIVING BELOW THE POVERTY LINE
There are military superannuants whose
fortnightly retired pay is considerably less than the Age Pension and below the
Henderson Poverty Line, who cannot obtain employment or assistance until they
are of an age to qualify for the Service Pension, or Age Pension. In most cases
the reason why they are unemployed is that industry generally does not employ
older workers. Also, in many cases they have service-related injuries that
cause them to fail employment screening medical exams, but the injuries are not
serious enough to gain a disability pension that would make the difference.
Their sole income stream is their retired pay. Although their level of retired
pay fails the test of adequacy it can disqualify them from unemployment
benefits. Some provision needs to be made to assist these people.
*Action by: DFWA
75. LIFE
TABLES
The use of Life table from the 1960s severely
disadvantaged Regulars retiring on DFRDB pensions. Pension assessments should
be based on the latest census figures. This inequity is compounded by the
continued use of the CPI as a measure of increased living costs instead of a
current wage based guide (eg MATAWE or ADFSM). We hear that, based on a sex
discrimination case, the life tables for females has been extended/updated to
separate it from the '80s tables, thus discriminating against all males on
retirement.
*Action by: DFWA
76. DFRDB/MSBS
DISABILITY ASSESSMENT
A severely injured Regular due for discharge on
medical grounds may be in receipt of a Class A ComSuper pension from the date
of discharge. In this case the MRCA payments will be of little advantage apart
from cover for medical support. This seems to be inequitable and ties in with
the offset concerns.
It is not clear how much of a Class A pension
would be derived from Government funding. A notional percentage may be used
but, we believe, it should be the same for both DFRDB and MSBS, the balance of
member's contributions not being counted in the offsetting assessment.
Further, another aspect which is inequitable is
the 'notional loading given to DFRDB/MSBS disability payments to reflect the
level of member's disability payments'. This scheme gives cover for injury over
the entire Service life, not just periods on duty. In consequence, about a quarter
to two-thirds of the cover is not related to Service. The Bill assumes that the
total cover is only for all periods on duty, resulting in the notional loading
being to the disadvantage of the injured member.
*Action by: DFWA
77.
MEDICAL DISCHARGE REVIEWS UNDER DFRDB
The TPI Association Vic Branch is concerned that
TPIs with no QS can be subject to review and be categorised as fit for
employment. The P in TPI indicates the injury is permanent and not subject to
further reviews. TPI under the VEA tend not be reviewed. This is not the case
under the MRCA. This should be raised with the DFWA to determine if this is an
issue being pursued by them.
This concern is compounded by reports that some
are being forced to take very low paid manual jobs without a supporting
pension.
*Action by: DFWA, TPIF
78. MSBS
& DFRDB SPOUSE REVERSIONARY BENEFITS (THE GOVERNMENT TO ADDRESS)
There is a serious discrepancy in relation to
the entitlement to reversionary benefits of a spouse where the pensioner
marries after the age of 60. Members of the CSS/PSS have this entitlement after
one year, with a sliding scale to full membership after three years. MSBS and
DFRDB members are all required to be in a relationship for three years before there
is an entitlement to reversionary benefits.
Further inequity is illustrated by a comparison
of the reversionary benefits for a surviving spouse amongst Commonwealth
schemes, noting the reversionary benefit of a surviving spouse of a
parliamentarian (83%) and of a DFRDB military superannuant (62.5%).
*Action by: DFWA
OFFSETTING
This is a vexed issue, with ESOs unanimously harbouring
continued concern over the inequity of its application. It remains an issue
which must be raised with the Government. In no circumstances should DFRDB/MSBS
payments be offset against any benefit received under the MRCA. Advice is that
offsetting will occur even when a member is to receive benefits from a
non-governmental source. Offsetting in any mode is totally unacceptable to
ESOs. Surely the Government's removal of the retrospectivity threat to the pre
01 July 2004 provisions signals the need to maintain the status quo into the
future. There is also concern over offsetting applied to War Widows’ pensions.
*Action by: DFWA
79. RETROSPECTIVE
LEGISLATION - THE OFFSETTING INEQUITY
The amendment of Section 25A of the VEA entitled
‘Offsetting certain SRCA payments’ specified that any lump sum payment made under the SCRA will be converted to
fortnightly amount and deducted from the following pensions.
·
Intermediate
Rate
·
Special
Rate (TPI Pension)
·
Temporary
Special Rate
·
Temporary
Incapacity Allowance
The new rules apply to SRCA lump sums received before or
after the amendment became law.
The application of this amendment is retrospective in two
ways. Firstly, the new rules apply to all members of the armed forces including
those serving before the new rules became law. Secondly, the new rules apply to
those who, prior to the new rule becoming law, had received a SCRA lump sum
payment. This lump sum payment, even though it was received before the new
rules became law, condemns the recipients to be financially penalised should
they be granted one of the specified pensions.
This amendment is inequitable and should be reversed,
particularly in view of the parliament’s policy of not applying retrospectivity
to amendments effecting parliamentarians’ Condition of Service.
*Action by: VVF
80. INCLUSION
OF ALLOWANCES AS PAYMENT BASIS FOR SUPERANNUATION
This will have to be monitored continually. We
need to confirm which are to be included, consider the equity and perhaps seek
further inclusions particularly if new allowances are introduced. Some but not
all have been included since the MRCA introduction.
81. LINKAGE
WITH SUPERANNUATION DISABILITY PROVISIONS
We need to ensure that the promised expansion of
the TMS will involve linkage with the DFRDB/MSBS disability provisions. We need
to ensure that TIP courses cover these aspects.
*Action by: DFWA
82. ADVERSE
EFFECTS OF CONTINUED APPLICATION OF THE CPI INDEXING TO DFRDB RETIRED PAY
This can be more firmly stated in terms of the
injustice of being left behind when compared with other Commonwealth Government
schemes in particular the far more generous provisions for parliamentarians.
The longer the CPI indexing is applied to
Regular Service retirement pay the greater will be consequential adverse
effects, ie:
a) Inability to split income for taxation purposes
b)
Inadequacy
of surviving spouse pension
c)
Unfair
assessment when applying for Centrelink 'top-up'
83. OTHER
ISSUES – NEED FOR REVIEW
Further to issues specified in this section the build up of
concerns related to superannuation indicates a need for a complete review of the
systems adversely affecting full time duty members and their families. Examples
are:
*Action by: DFWA
84. TAX
RELIEF ON SUPERANNUATION
The 10% tax offset introduced in the 2006/7
budget is welcomed. However, when this is compared to the 100% offset given to
self-funded superannuants, it seems inequitable. The tax offset of 10% should
be increased to match the percentage of the self-funded component in ADF
superannuation.
*Action by: DFWA
ADF
HOUSING SCHEMES
85.
SPECIAL HOME LOAN PROVISION FOR SEVERELY
DISABLED
Special provisions should be introduced to all
military housing schemes to benefit the seriously disabled. These should
include reduced deposit requirement and lower interest rates.
*Action by: ISPA
86. DEFENCE
HOUSING AUTHORITY (DHA) SUPPORT FOR THE SEVERELY DISABLED
Probably the most critical issue with severely disabled
ex-Service personnel after medical etc. care, is the problem of finding
affordable, accessible, compatible accommodation. As the DOD has the
responsibility to house Serving members, it seems reasonable to expect it to
extend that responsibility to those severely injured as a result of Service.
Such entitlement should be incorporated in the legislation.
*Action by: ISPA
87. HOME
LOAN SCHEMES - DEFENCE SERVICE HOMES (DSH) AND DEFENCE HOME OWNER SCHEME (DHOS)
There is an urgent need for review of both
schemes to:
a) Increase the loans to the levels which relate to
today's real estate values.
b) Provide for continuous automatic updating of
loan amounts to keep pace with real estate values.
c) Adjust all the requirements so that the
advantages in each are similar. The current intention is to review only DHOS,
not DSH. It is noted that a review of the DSH Insurance Scheme is being
undertaken.
The introduction of the Defence Home Ownership
Assistance Scheme has overcome the above problems, but as it will not be
available to ex-service persons the need for review of the DHOS and DSH Schemes
remains.
RESERVE FORCES
Many of the above
listed concerns affect Reservists in particular the MRCA and other injury in
Service aspects.
88. CONDITIONS
OF SERVICE - GENERAL
Despite years of Government promises recently
repeated there has been little progress in regard to the following aspects of
Reserve Conditions (RC). However, in the 2006/7 Budget lump sum payments for
service and additional medical insurance support etc, has been introduced. RC
must be related to each level of Reserve Service in the Higher Readiness
Reserve and the Active Reserve.
89. SUPERANNUATION
All Regulars and all full time and part time
civilian workers, have superannuation entitlements including the Government
(Employer) superannuation contribution. The MSBS system should be amended to
provide superannuation and incapacity provisions for Reservists. Reservists
need superannuation for the same reasons as all other ADF members. They are:
¨
Provision for retirement
¨
Incapacity
and death benefits
¨
Recognition
of personal and family needs
90. OTHER
RESERVE FORCE CONCERNS
a) Salary components have long since become
inequitable and outdated. Current levels do not reflect the many changes in
Regular and indeed Defence Civilian entitlement. Further, there is a need to
introduce pay grades and/or allowances that recognise skills both civil and
military.
b) The increased reliance on Reserves to support
the Regular Forces require Reserves to receive in Service medical, dental etc
treatment to ensure their fitness to deploy is maintained. There is increasing
concern over the availability of entitled medical support for reservists who
have been injured whilst on duty.
c) There are a number of financial entitlements
which are outdated or need to be introduced to ensure Reserve Service is
attractive and equitable in comparison with Regular and Civilian conditions.
*Action by: DRA,DFWA, AVADSC
COMMEMORATION
91. A BOER
WAR MEMORIAL (BWM)
The Government has now given approval for a site
in Anzac Parade, Canberra to be reserved for the RAACA to fund and erect a
memorial. This is a project first attempted in 1999/2000 by AVADSC.
*Action by: RAACA NSW Branch
92. OTHER
MEMORIALS
The Government is providing $200,000 to assist
with APPVA memorial in the ACT. But is not clear where in the ACT it will be
positioned.
93. LIVING
MEMORIALS
The proposal to encourage living memorials
should be actively pursued within the ex-Service community. AVADSC is seen as
the most effective body to achieve the objective. Organisations or associations
which are disbanding because of the lack of membership, should consider using
existing funds for such projects as:
·
Student
Education Grants (especially through the excellent Australian Veterans’
Children Assistance Trust)
·
Medical
research into veterans' health care
·
Aged care
facilities
·
Military
studies/museums etc
·
Bequests to
other ESOs with similar aims
*Action by: AVADSC, SAC, VVA, RANA
94. GOVERNMENT’S
44 UNDERTAKINGS FOR SERVICE AND VETERANS AFFAIRS
In addition to the items identified already in
this List of Concerns, the Government has made a commitment to:
a) Maintain a separate and properly funded DVA
b) Establish a Prime Ministerial Advisory Council
on Ex-Service matters (now established)
c) Increase the domestic allowance component of the
War Widows’ Pension
d) Establish an inter-departmental working group to
help deal with multiple agendas
e) Free medical and dental care to the immediate
families of ADF personnel
f) Introduce National co-ordination of State Transport Concession schemes
g) Provide a Seniors’ Internet fund
h) Hold an Annual Veterans’ Health Week
i)
Re-introduce
the Commonwealth Dental Health Program
j)
Grant the WWP
automatically to TTI and intermediate rate pensioners widows(ers) (now granted)
k) Increase financial assistance to ESOs through
the TIP and BEST programs
l)
Establish a
public register of ESO officials and conduct regular surveys of them
m) Establish a DVA hotline to assist ESO officials
n) Form a special claims unit
o) Revisit the recommendations of the Clark Review
p) Form an independent Defence Honours and Awards
(now formed)
q) Continue the independent Tribunal Review of
Awards for the Battle of Long Tan (now formed)
r) Provide Australian flags for the families of
Veterans
s) Declare Battle For Australia Day
t) Seek UNESCO protection for the Kakoda Track
u) Implement Post Armistice Korea Service Review
v) Declare ‘Merchant Navy’ day
w) Provide funds to maintain the Ballarat POW
Memorial (now provided)
ANNEX A
95. RETURNED
& SERVICES LEAGUE CONCERNS 2009
(TO BE ADVISED)
ANNEX B
96. DEFENCE
RESERVES ASSOCIATION
Despite numerous and ongoing representations,
Reserve conditions of service remain antiquated. The fundamentals have changed
little over many years. The Reserves urgently need a modern workplace
remuneration system including part-time contracts or the equivalent consistent
with current civil standards such as that enjoyed by Defence public servants
under the Defence Employees Certified Agreement (DECA). Key concerns are:
a) Reserve conditions of service do not comply with
the Government’s own Fair Work legislation and policies.
b) The current system of pay and conditions is
obsolete and operates as a strong negative to recruiting and retention
particularly of Generation Y young Australians.
c) Pay and conditions should be equivalent to those
of the Permanent Forces. There should be an opt out clause for existing
tax-free system as there is no benefit
to the Reservist until he or she is at the highest marginal tax rate.
d) Reserve salaries should be comparable to
Permanent salaries after making due allowance (if appropriate) for skill
levels. At present, the divisor is severely skewed against Reservists with
Reservists paid on the basis of working 365 days a year instead of 220 days.
The system denies Reservists the benefit of any annual leave, long service
leave, sick leave, or other entitlements or their equivalent in remuneration.
e) Reservists are the sole remaining occupation in
Australia who do not receive superannuation contributions for part-time service
either through MSBS or to civil employer funds.
f) Greater recognition should be given to
Reservist’s civil skills which are not even recorded at present.
g) The Protection Act needs to be updated to
abolish the distinction between protected and unprotected service and
strengthen education protection.
h) Harmonisation of Reserve conditions of service
for Reservists deployed in Northern Australia with those of Regular members and
Police Forces including for indigenous service.
i)
When
Reservists are wounded or injured on deployment or at home, medical and
hospital support should be at the same level as that provided for members of
the Permanent Forces.
j)
Importantly
following completion of full time service, Reservists should continue to be
entitled to medical and hospital treatment and compensation under MCRS.
ANNEX C
97. LEGACY CONCERNS 2009
a) *Support ‘in principle’ Legacy proposals for the
Pensions Review.
b) *Payment of bank fees for pensions for DVA clients
residing overseas.
c) Provision of Gold Card to widows in receipt of,
or eligible for the Service Pension, regardless of cause of death.
d) *Establish a system of managed health care for
widow(er)s in receipt of, or entitled to receive, the Service Pension based on
their age, utilising public and private health services contracted by DVA or
through public funding of private health insurance.
e) *Federal Government assistance in coordinating
an approach to State and Territory Governments to change legislation to reflect
the compensatory nature of the War Widow’s Pension.
f) Increase pensions for eligible dependant
children of veterans under the VEA to the same level as eligible children under
the MRCA, where the veteran’s death is service-related.
g) Access to Veterans and Veterans’ Families
Counselling Service (VVCS) by adult disabled dependants of veterans of all
conflicts; not just of Vietnam veterans.
h) Restoration of Gold Card to all disabled
dependants of deceased veterans with warlike and non-warlike service.
i)
Income
Support Supplement be paid to all eligible war widows living overseas.
j)
*Change
Centrelink Guidelines to classify periodic financial assistance as ‘Exempt
Income’.
k) Eligibility for Funeral Benefits under VEA be
expanded to include funeral expenses for all Australians with qualifying
service, regardless of the place of death.
l)
Recognise
all veterans widows (not just those in receipt of a War Widow’s Pension) as
members of the veterans community by improved recognition by politicians, the
bureaucracy and the ex-service community.
* New or significantly changed items since 2008.
ANNEX D
98.
WAR
WIDOWS’ GUILD CONCERNS 2009
a)
Extension of War Widow Status. That the Department of Veterans’ Affairs grant
automatic war widow/ers status for those widows whose spouse had a 70%or more
disability pension at the time of their death.
b)
Pharmaceuticals. That the Commonwealth government be requested to
reinstate free pharmaceutical benefits for war widows. These were previously
part of the compensation package made available to war widows.
c)
Veterans’ Home Care. That the Department of Veterans’ Affairs increases the
level of support available for war widows under the Veterans’ Home Care Scheme
to increase the hours available and also the kinds of support – including
heavier work such as window cleaning, gardening and also assistance to reduce
social isolation, such as assistance with shopping excursions, especially for
fringe and remote areas.
d)
Indigenous Veterans/War Widows. That eligible indigenous widows are encouraged
to apply for a war widow’s pension from DVA.
e)
Transport Concessions. That the Federal government negotiates with
the State governments to obtain uniform and reciprocal travel concessions for
Gold Card holders as well as seniors Australia wide. That the privilege given
to TPI recipients to free public transport be extended to war widow/ers over
the age of 80.
f)
Health. That the Department of Veterans’ Affairs moves as quickly
as possible to approve new technology for medical treatment under the Gold
Card. That war widows being discharged from hospital, especially from regional
hospitals, should not be discharged and sent home in a taxi to an empty house.
g)
Social Isolation. That the following recommendations endorsed by the National
Ex-Service Round Table on Aged Care are supported.
¨
That DVA
recognises the role of ESOs in creating social capital and reducing social
isolation, particularly for older veterans and war widows.
¨
That DVA
provides information to veterans and war widows about relevant ESOs who operate
nationally or at least broadly, and offer social networks and welfare advice.
¨
That DVA
provides encouragement to veterans and war widows to join relevant
organisations.
¨
That such
encouragement could come from
i.
Letters to
DVA Gold Card holders when they receive advice about their entitlement.
ii.
Articles in
Vetaffairs once or twice a year.
iii.
Specific
publications for veterans and war widows outlining the help they can receive
from ex-service organisations.
iv.
Articles in
DVA publications about the importance of keeping socially connected.
¨
That DVA
service providers such as VHC are able to provide social contact services,
staying for a cup of coffee, providing assisted shopping etc.
¨
That in the
future consideration be given to assisting those who are very isolated with non
medical transport to access the community, or to provide funding to ESOs to run
programs.
¨
That DVA
recognises that the additional costs of these proposals will be offset by
reduced medical costs.
¨
That DVA
consider opportunities for further research about social isolation.
JH461.9/12/08