Throughout the Royal Commission into Veteran and Defence Suicide, the Department of Veterans Affairs has faced heavy criticism. Described by two Secretaries and three Ministers as ‘Not fit for purpose’, DVA will likely face strong recommendations for a comprehensive revamp in the Royal Commissions Final Report, due in September 2024. Alongside this, the issues of a complex and combative mess of veterans compensation and entitlement acts have been laid bare. These are currently numbered at three; the Military Rehabilitation Compensation Act 2004 (MRCA, covering those who have done warlike, non-warlike, and operational service since 2004), Safety, Rehabilitation and Compensation (Defence Related Claims) Act 1988 (DRCA, covering those who have done peacetime service between 1994 and 2004), and Veterans Entitlement Act (VEA, covering those who served in peacetime and operational service prior to 1994).
Although the interim report by the Royal Commission recommended simplified and harmonised legislation, the Department of Veterans Affairs and Albanese’ government have opted to push ahead with a proposed Veterans Entitlements, Treatment and Support (Simplification and Harmonisation) Bill, or the “VETS Bill”. Feedback was called for in late February and closes on the 28th of April 2024. It is assessed that this Bill will be introduced to parliament in around June 2024 and therefore, is being created prior to the Royal Commissions final report. This will mean the Bill will not benefit from the Royal Commissions expert findings and recommendations, and with a relatively brief 2-month window for feedback.
Whilst change to the current complex veterans’ compensation and entitlements acts is welcomed, some, including RSL South Australia/Northern Territory State President Dave Petersen, a former Artilleryman and Afghanistan Veteran, fear that the grandfathering of DRCA/MRCA and VEA will entrench second tier systems into legislation forever. He said: “The Royal Commission has recommended a simplified and harmonised legislation. Instead, while all new claims will be assessed under the new MRCA, the old acts are not ‘closing’. Rather, they’ll remain in operation until around 2080. We should all be transferred from our current acts to the new one. One cohort at a time, with VEA transferring last”.
Petersen believes that there appears to be a reduction in the standard of entitlements available to veterans, “If the new legislation was genuinely better than VEA, the government should be strongly advocating to get all veterans into a single, simplified, and harmonised legislation. If this isn’t happening and grandfathering occurs instead, is that an admission that the new legislation is not superior to VEA?”
“If the new legislation was genuinely better than VEA, the government should be strongly advocating to get all veterans into a single, simplified, and harmonised legislation. If this isn’t happening and grandfathering occurs instead, is that an admission that the new legislation is not superior to VEA?”
Within the proposed legislation, those currently covered under DRCA appear to have the most to gain from the change. With their forthcoming claims heard under the prospective new MCRA, they could see augmented payments and the acquisition of a Gold Card, something previously unattainable for them. Individuals under the VEA will retain access to their existing entitlements, alongside additional MRCA benefits including lump sum payments. Conversely, those falling under MRCA will persist in having their claims adjudicated under a revised MRCA framework, without access to the entitlements afforded to those under VEA.
With this legislation one of the largest changes for veterans in a generation, the lack of public advocacy on the issue from the Ex-Service Organisation sphere is concerning to people like Petersen, “I am worried that leaders across the Ex-Service Organisations are almost entirely covered by VEA and are unwilling to fight for better outcomes on this new legislation because it doesn’t negatively impact them in any meaningful way. I would argue that the greatest legacy our fathers and grandfathers in leadership positions within the ESO community can leave veterans of the next generation is a single piece of legislation that covers all veterans equally. In the ADF we followed a one in-all in principle. Veterans shouldn’t have second tier entitlements just because they didn’t serve under VEA”.
Ultimately, the Royal Commission into Veteran and Defence Suicide has highlighted the need for comprehensive reform within the Department of Veterans Affairs and the overly complex landscape of veterans’ compensation and entitlement. The level of necessary reform will be made clear in the final report by the Royal Commission. Therefore, the decision to proceed with the proposed Veterans Entitlements, Treatment and Support (Simplification and Harmonisation) Bill raises concerns about the sincerity of reform.
Despite the restricted feedback window, for people like RSL SA/NT State President David Petersen, it is imperative that ESOs advocate for the best possible outcomes, rather than simple accepting what they’re given. Failing to act will lead to the repetition of past mistakes for a new generation of those who have chosen to serve their country. Indeed, this new Bill is set to leave a lasting legacy.