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A U S T R A L IA N  S E N A T E C A N B E R R A , A .C .T .

MEDIA RELEASE senator paul mcleanAustralian Dem ocrats —  N ew  South W ales AUSTRALIAN DEMOCRATS  VETERANS' AFFAIRS POLICY.

A u stra lia n  D e m o crats Veterans’ Affairs S p o k e s p e rs o n , S e n a to r Paul

M cLean to d a y  re le a s e d  th e  P a rty 's V e te ra n s ' Affairs platform  which

confirm s th a t it is the solem n obligation of G overnm ent to d isch arg e fully

and g en ero u sly  its debt to V eterans on behalf of the nation.

S e n a to r M cL ean believes th a t G o v ern m en t e x p e n d itu re  re stra in ts have

se rio u sly  e ro d e d  V e teran s' e n title m e n ts a n d  th e D em o crat Policy to

re s tru c tu re  th e  R epatriation S y stem  will e n s u re  fair c o m p e n sa tio n  is

e s ta b lis h e d  for Veterans.

The Policy acknow ledges a  special obligation to V eteran s a n d  reco g n ises  their sp ecial needs." S enator McLean said.

The m ain points of the V eterans' Affairs Policy are:

Fair structure of com pensation for Veterans.

Retaining administration of benefits under one piece of  legislation and Veterans Affairs Department.

Full entitlements for Merchant Seam en.

Eligibility for benefits based on a  single criterion: loss or  injury of whatever kind to servicem en and women and their  d ep en d en ts occasioned or arising out of any exercise of the  defen ce power of the Commonwealth, either during a time of  w ar or while training or engaged in w eapon developm ent  activities during peacetim e.

Re-establishing in the Departm ent of V eterans' Affairs the role  of advocate within the governm ent for the riohtq and n(  servicem en and women . commonwealth

P A R L IA M E N T A R Y  LIBRARY  M IC A H

* Establishm ent of a  single eligibility criterion to em brace all r

a sp e c ts of defence service without discrimination.

* Equal sta tu s for women.

"The p re s e n t sy ste m  of R epatriation h a s  broken dow n in A ustralia but

D e m o c ra t P olicy w ould e n s u re  th a t all V e te ra n s ' Affairs e x p e n d itu re

w ould rem ain in d e p e n d e n t a n d  th a t V e te ra n s e n titlem en ts w ould not be

a ffe cte d  by policies ap p lied  to o th e r g o v e rn m e n t d e p a rtm e n ts," S e n a to r

McLean said.

"V eterans a re  rightly angry th a t th e  H aw ke gov ern m en t h a s tre a te d  them

very shabily a n d  re c en t cynical a tte m p ts to p la c a te  them  in th e  few d a y s

before a n  election is very tra n sp a re n t. It is a  s a d  fact th a t V eteran s no

lo n g er tru s t e ith e r th e ir M inister, Mr. B en H um phreys, o r th e  Labor

G overnm ent," S e n a to r McLean said.

FOR INFORMATION CONTACT SENATOR PAUL McLEAN (043) 231914.  or Jo y  G roves (043) 232511

March 9, 1990

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DEMOCRATS

Platform Paper on Veterans

Principles The expense of war does not cease with the end of  hostilities. After peace is restored, the cost of war is

still high in the lives of those who served Australia  and their families. It is the solemn obligation of  Government to discharge our debt to these people

on behalf of the nation. The fundamental elements upon which the AusÂ­ tralian Democrats' platform on Veterans' Affairs is  based are:

1 the responsibilities of the Commonwealth of  Australia; and 2 the nature and purpose of the veteran's actions  on behalf of the nation.

Section 51 of the Commonwealth Constitution  requires the Parliament of Australia to enact laws  with respect to the defence of the Commonwealth.  Such laws have been passed in order to make prepaÂ­

rations for war, for actions undertaken during conÂ­ flict and for programs carried out after hostilities  have finished in order to return the national to  normal life.

However, for many service men and women  and their families there is no return to normal. The  death of a husband, wife or parent is a terrible blow.  War-caused injury not only costs the individual  dearly at the time, but continues to impose a burden  on them and their families well into the future. The  price they pay in the post-war normalised commuÂ­ nity often goes beyond expensive medical treatÂ­ ment to include lost income-earning capacity.  Modem warfare is such that injury to service perÂ­

sonnel can be transmitted to their children and  hence must be considered as a continuing and onÂ­ going obligation.

Repatriation The Australian Democrats regard repatriation as a  responsibility to be borne by the Commonwealth  Government; this line of responsibility is a natural  consequence of the sacrifice that the Parliament has  called upon Australian men and women to make in

giving effect to Parliament's responsibilities under  Section 51 of the Constitution. Under previous Governments, the system of reÂ­ patriation in Australia has broken down: There are  many anomalies between and within the various  pieces of legislation which make up Australia's  repatriation system and long delays are common in

the processing of applications for benefits. There is  also evidence of an adversary attitude having been  adopted by the repatriation authorities, sometimes  even in defiance of statutory law and the decisions  of the High Court of Australia, towards the serviceÂ­

men and women whom they were established to  help. Regrettably, there is clear evidence of a relucÂ­ tance to acknowledge and meet our obligations in  some cases. Groups such as Merchant Seamen have  fought vainly for recognition of entitlement, while  others, such as members of the HMAS Sydney and  Vietnam Logistical Support Veterans' Association  and those who took part in testing of atomic weapÂ­ ons at Maralinga and elsewhere have, and still do,  experience blatant discrimination.

The Australian Democrats' view is that the strucÂ­ ture of the repatriation system in Australia must be  reformed if anomalies are to be removed, if applicaÂ­ tion procedures are to be streamlined, and if the  Department of Veterans' Affairs and the RepatriaÂ­ tion Commission are to be turned from their past  adversary stance to servicemen and women to the  advocacy role more befitting their statutory funcÂ­

tion. The Australian Democrats will ensure that a fair  structure of compensation is established for veterÂ­ ans by;

Ã¢ÂÂ¢ retaining the administration of benefits under  one piece of legislation and one Veterans'  Affairs Department,

Ã¢ÂÂ¢ basing eligibility for benefits on a single criteÂ­ rion: loss or injury of whatever kind to serviceÂ­ men and women and their dependents occaÂ­ sioned or arising out of any exercise of the

Australian Democrats Platform Paper on Veterans -1

defence power of the Commonwealth, either  during a time of war or while training or  engaged in weapondevelopment activities durÂ­ ing peacetime, Ã¢ÂÂ¢ re-establishing in the Department of Veterans'

Affairs the role of advocate within the governÂ­ ment for the rights and needs of servicemen  and women.

Ã¢ÂÂ¢ the establishment of a single eligibility criteÂ­ rion to embrace all aspects of defence service  without discrimination: a single criterion of  this nature requires only one piece of legislaÂ­ tion for its administration, and would remove  any anomalies.

Financing The Australian Democrats accept that the obligaÂ­ tion of the Government on behalf of the nation is so

unique that expenditure will be treated independÂ­ ently of other fiscal or monetary policies. The meetÂ­ ing of these obligations will not be affected by  group policies applied to other go vemment departÂ­ ments.

Australian Democrats regret and will oppose  any policy which fails to acknowledge a special obÂ­ ligation to veterans or which seeks to no longer recÂ­ ognise their special needs, but rather to group them  among the elderly or incapacitated who did not  serve the nation in war.

The Australian Democrats are pledged to effiÂ­ cient administration of this obligation without deÂ­ lays, without erosion of benefits by inflation, the  misuse of medical opinions, the multiplication and  duplication of complex bureaucratic procedures, or

the misplacing of the burden of proof.

Platform Items In pursuit of these objectives, the Australian DemoÂ­ crats will seek to: 1 transfer all adversary roles from the DepartÂ­

ment of Veterans' Affairs to the Department of  Finance, 2 impose claims to be settled within a time limit  which if not adhered to will result in the

immediate approval of the veteran's original  claim, 3 require the Department of Veterans' Affairs to  render the veteran all assistance necessary in

preparing applications including advice on  any matter and representation for the veteran  at any hearing of the application. Such assis-  tancewillbewithoutcostto the veteran whether

the application is successful or not, 4 automatically approve upon application cerÂ­ tain categories of veterans with respect to

specified medical conditions or special cirÂ­ cumstances, for example, World War II POWs  and mustard gas trial victims, 5 fully index all benefits to movements in averÂ­

age wages and the CPI at -three monthly interÂ­ vals, 6 provide -to veterans a civil remedy against the  Crown for punitive damages should the deÂ­

partment administer the Veteran Entitlement  Act in deliberate violation of the directing  legislation, 7 urgently review legislation covering the DeÂ­

fence Forces of Australia to provide remedial  action by veterans against the Government for  injury to volunteers testing weapon systems, 1 including nuclear, biological or chemical,

8 automatically find in favour of the veteran in  cases of failure to maintain proper medical  supervision and/or records, 9 require statutory medical and statistical studÂ­

ies on the health of all veterans and civilians  engaged in defence related duties. The transfer of adversary roles to other departÂ­ ments and the imposition of time limitations are  two initiatives that require explanation.

Claim Assessment There will always be a need to assess claims for  benefits to ensure undeserved claims are refused.  The proper operation of the burden of proof clauses  of existing legislation on claims based on evidence  from two medical specialists, or a medical specialist  and a statistician, in support of an application for  benefits, would seem to allow little scope for counterÂ­ arguments. It seems reasonble therefore that the  adversaries to such an application, who may wish

to argue the meaning of the burden of proof clauses  or who may wish to offer counter-medical of statisÂ­ tical arguments, could come from another departÂ­ ment of the government. The Australian Democrats  believe this adversary function should come from  another department to promote the integrity and  independence of the Repatriation Commission and

to leave uncorrupted the advocacy function of the  Department of Veterans' Affairs.

Application Approval Time limitations in the past have operated upon the  rights of application and appeal held by servicemen  and servicewomen. The Australian Democrats will  establish a parallel set of time limitations upon the  repatriation authorities within which they must

respond toapplicationsby service persons otherwise  approval of these applications will result. This reÂ­ form, in concert with the automatic approvals given

2 -  Australian Democrats Platform Paper on Veterans

to certain categories of servicemen, and the higher  profile given to the advocacy function within the  Department of Veterans' Affairs, will remove the  totally unjustifiable delays imposed on applicaÂ­

tions in recent years.

Specific Short Term Goals  Democrat policies must, and do, acknowledge that  policy areas such as Veterans' Affairs are in a state  of flux because of economic constraints, the changÂ­

ing age configuration of the population and subtle  shifts in the attitudes of the community, political  parties and governments. In recent times it has been apparent, especially

to veterans and their families, that Veterans' EntiÂ­ tlements have been considerably eroded. The AusÂ­ tralian Democrats will seek, within the Parliament  and without, to ensure no further erosion in veterÂ­ ans' and war widows' entitlements and a reaffirmaÂ­

tion from all political quarters of these principles of  repatriation in Australia: Ã¢ÂÂ¢ a separate Ministry and Department of VeterÂ­ ans' Affairs;

Ã¢ÂÂ¢ dedicated hospital and treatment services for  the care of veterans with accepted war-caused  disabilities; Ã¢ÂÂ¢ means test free and non taxable war disability

pensions; Ã¢ÂÂ¢ eligibility for the Service pension at 55 years  for both sexes; and Ã¢ÂÂ¢ a viable Defence Service Homes scheme.

Detailed Platform Items 1 a Assessment of rates of disability pensions -That the procedures for assessing the rates of  war disability pensions be amended to return

to the equivalent level of benefits to those proÂ­ vided under the old Guide,  lb Disability pensions will be reintroduced for  spouses of veterans.

2 Long term nursing home patients -That disabled long term patients in nursing  homes be exempted from charges and the GovÂ­ ernment decision to introduce these charges  be reversed.

3 Compensation for exceptionally disabled W0% GR  Pensioners who have retired from the workforce -   That provisions be made for the payment of a  pension equal to the Intermediate Rate penÂ­ sion to 100% GR pensioners who have left the

workforce, where their incapacity from war  caused injury or disease renders them incaÂ­ pable of remunerative work, irrespective of  age or other circumstances.

4 War Widows -  That -the Government take imÂ­ mediate steps to restore Repatriation PharmaÂ­ ceutical benefits to war widows, eliminate the  freezing of their service or social security

pensions, and allow them to take out a DSH  loan in their own right where they have been  joined with their husband in a DSH loan, and  they apply for a loan within two years of their  husband's death.

5 Hospitals and treatment services -That the Government continue to provide inÂ­ creased financial allocations for the upgrading  and extension of medical, dental and allied

treatment services in repatriation hospitals and,  on no account, to hand over repatriation hospiÂ­ tals to the states until the demand from veterÂ­ ans reaches such a low level that the independÂ­ ent operation of each hospital is no longer  economically sound. There should be no furÂ­

ther-cuts to the Repatriation Pharmaceutical  Benefits Scheme and its separateentity mainÂ­ tained. !

6 Homes for the aged and disabled -  * That veterans' groups be included among those  to receive first priority consideration for GovÂ­ ernment subsidies for the building and operaÂ­

tion of homes for aged and disabled including  for the on-going care of dementia sufferers. 7 Domiciliary Services -That there be no lessening of the care to aged

and disabled veterans and war widows proÂ­ vided by the Department of Veterans' Affairs  directed towards prevention of institutionalÂ­ isation, e.g. the Veterans' Home Services ProÂ­ gram, podiatry services, attendants' allowÂ­ ances, etc. 8 Australian Defence Force -  Â·

That all regular members of the ADF, and all  reservists on duty or when travelling to and  from duty, be given hospital, medical and  dental entitlements under the Veterans' EntiÂ­ tlements Act 1986 from 1 June 1986.

9 Defence Service Homes -That the Government-take urgent action to imÂ­ prove the borrowing arrangements under the  Defence Service Homes "Scheme, by increasing

the maximum loan to an amount not less than  $70,000 and eliminating the waiting period,  with funds provided through the budget or  obtained from the private sector.

10 Equal status for women -That there be no distinction between the sexes  in matters of entitlements under the VEA.

Australian Democrats Platform Paper on Veterans -  3

'11 Full entitlement for merchant seamen -That those who served in the Merchant Navy  be given full veteran status and recognised  under the Veterans' Entitlement Act. 12 Medal privileges to logistic support personnel -

That those who served- on HMAS Sydney and  in logistic support roles in Vietnam and who  have otherwise been granted full veteran status  also be granted appropriate medal rights.

13 Payment of just compensation to Maralinga testees  -  That compensation be made available, at  least to the point where it has recently been recÂ­ ognised it is justified in Britain, to service  personnel who took part in atomic testing at

Maralinga and other testing sites. 14 Adequate deliberations on the effects of Agent OrÂ­ ange-That the recommendations of the Hogg Report

into the adequacy or otherwise of the Evatt  Royal Commission be implemented in order  to establish and treat the effects of Agent OrÂ­ ange on Vietnam Veterans. 15 Discrimination against some national servicemen

in relation to home ban grants -That all National Servicemen who were conÂ­ scripted and who served under similar condiÂ­

tions be given access to Home Loan Grant  privileges.

For further information contact:

N ational S ecretariat

Suite 1 ,3 rd  Floor, 10-12 Brisbane A venue, Canberra, 2600 (062) 731 059, or  ACT

PO Box 438  G v icS q u are, 2608  (062) 96 1635

NSW PO Box 1-257  Crow s N est, 2065  (02)436 0977  TAS

PO Box 759  Sandy Bay, 7005  (002)23 5644

SA PO  Box 17  K ingsw ood, 5062  (08) 223 5323

QLD PO B ox 715  Sth Brisbane, 4101  (07) 891 5501

WA 50 Angove Sreet  N th Perth, 6006  (09)227 9624  VIC 96 St Kilda Road

S tK ilda, 3182  (03) 537 1611

A U S T R A L I A N

DEMOCRATS

4 -  Australian Democrats Platform Paper on Veterans

