The Returned & Services League of Australia

Transcription

1 The Returned & Services League of Australia Submission to Government for Consideration in Preparing the 2015 / 2016 Veterans Affairs Budget

2 The Returned and Services League of Australia (RSL) Submission to Government Budget 2015 / 2016 The enclosed document sets out proposals the RSL considers necessary to address shortfalls in the care and support of Australia s veterans; particularly those who have been committed to overseas operations to defend our national interests and who have suffered as a consequence. This document contains three sections: Section 1 provides an overview of on-going efforts of the RSL to ensure that our service and ex-service veterans are appropriately cared for; Section 2 sets out the ten most significant issues needing to be considered in framing the Veterans Affairs Budget 2015/2016. They are listed in priority order with a brief rationale. Many of these matters have been raised previously; and Section 3 lists other matters the RSL considers need to be addressed in due course. Some of these have also been previously registered. They are not listed in any priority order. This section also contains a number of proposals originating from other ex-service organisations which the RSL supports.

3 Section 1 The Returned & Services League of Australia (RSL) Background During the early years of WW I, there was no single Government body formed to cater for the sick and wounded returning from the horrors of trench and desert warfare in Europe and the Middle East. While the Department of Repatriation was created in 1918, it was not until October 1976 that the Department of Veterans Affairs (DVA) was established. Returning service personnel were alarmed at the lack of support available and began meeting in the various states of Australia to call for urgent action to rectify the situation. Shortly thereafter, in 1916, the Returned Sailors and Soldiers Imperial League of Australia was established and adopted a set of ideals and objectives focusing essentially on mateship, preservation of the memory and records of those who suffered and died; and on providing for the sick, the wounded, and the needy. By 1918 all States had League Branches, with the ACT Branch being formed in Name changes followed in later years to recognise the inclusion of airmen in 1940 and finally, in 1990, the name was changed to the Returned & Services League of Australia (RSL) with membership open to all serving and ex-service personnel. The RSL has always maintained a broad-based membership, containing representatives from all walks of Australian life. Another facet of RSL membership has been the staunch support for the system of grass roots input into policy. The early days of the RSL were taken up with seeking improved employment opportunities and improved repatriation and welfare entitlements for returning and returned servicemen. The emphasis today continues to be centred on improved entitlements and conditions for the retired and serving men and women of the Australian Defence Force (ADF). The work of the RSL continues through peace and war. Veterans Entitlements The RSL has developed, over 90 years, a well established process for ensuring that it concentrates on veteran welfare matters of concern that have been identified and supported by the majority of the membership. Any RSL member from around the country may raise issues of concern in relation to veteran affairs matters. These matters are then discussed at the local Sub-Branch level where a consensus may be reached and a proposition, or motion, with an appropriate rationale is formulated and debated. These motions form the basis for the development of an agenda of Veterans Affairs motions that is then considered at the State Congress of Sub-Branches. Those that are carried are then placed on the agenda of the National Congress of State Branches. At National Congress, each motion is considered in turn and only those that receive a majority vote by the attending delegates are carried forward by the League. These decisions are not made lightly. From this exhaustive process the RSL Veterans Affairs policy is formulated and endorsed.

4 Between National Congress meetings, veterans issues are dealt with by the National Veterans Affairs Committee (NVAC) which meets on a quarterly basis. Membership of this body consists of an independent chairman, the National Veterans Affairs Advisor, and suitably qualified representatives from the States. Many matters affecting individual veterans are also dealt with routinely during the year by effective liaison between RSL State Branches and DVA s officers at the State or National level. The RSL and the Service & ex-service Community Since our inception in 1916, the RSL has maintained a strong focus on the welfare needs of serving and ex-serving members and their dependants. The League has made and continues to make, considerable financial contributions to many projects. These projects are either controlled by the National Office or individual State Branches. Some, but not all of these projects are: Australian Forces Overseas Fund; Soldier Recovery Centres; Veterans Support Centres; Youth Development Programs; Soldier On and Mates4Mates; Invictus Games; Cadet of the Year Program; and Day Clubs The RSL also looks after the financial needs of serving and ex-serving members and their dependants who find themselves in necessitous circumstances. The combined State Branches distributed over $5,890,000 in either grants or loans during The funding for this endeavour comes from: The sale of ANZAC Day badges and Remembrance Day poppies; Fund raising, in particular by the RSL Women s Auxiliaries; Revenue derived from return on investments, State Lotteries and Art Unions; and Donations The majority of the heavy lifting in the Welfare space is done by our volunteer Welfare Officers in the 1,200 Sub-Branches across Australia. It is conservatively estimated that these volunteers have contributed hours which totalled 1,368,750 for the year At the nominal rate of $25 per hour this equates to a contribution to the nation of over $34M. The services provided include home & hospital visits, general transport requirements, minor housekeeping and maintenance and funeral tributes. The RSL takes pride that these services are available to the entire ex-service community and are not confined to League members. By these actions alone the modern day RSL remains true to its initial ethos: to provide for the sick, the wounded, and the needy.

5 Section 2 Priority Proposals for the 2015/2016 Budget In order of priority: 1. Disability Pension That the Government revoke the decision contained in the DVA Federal Budget Budget Papers, which backdates the disability pension paid under the Veterans Entitlement Act 1986 (VEA) from the date of claim and not the 3 months prior to the date of effect (Section 20). Rationale This Budget measure is an erosion of Veterans entitlements under the VEA. The Explanatory Memorandum of the Veterans Entitlement Bill 1985 Clause 20: Date of operation of grant of claim for pension states: This clause will maintain the provisions of sub sections 214(3) and (11) of the Repatriation Act Sub clause 20(1) will provide that a grant of pension may be made from a date up to 3 months prior to the date of lodgement of the claim, on the approved form, at an office of the Department. To enact this amendment to the VEA would defy 94 years of Veterans entitlements. 2. Pension Indexation That the Government revoke the decision contained in the DVA Federal Budget Budget Papers which uses the Consumer Price Index, and not the Male Total Average Weekly Earnings and the Pensioner and Beneficiary Living Cost Index for the indexation from 1 July 2017 of the Service & Age Pension, Income Support Supplement, Disability Pension, War Widow(er) Pension and equivalent MRCA payments. Rationale This Budget measure will have a detrimental effect on the quality of life of those in the Veteran community whose only source of income is the Service Pension. To qualify for the Service Pension, Veterans must have had Qualifying Service, which by its definition implies that the Veteran faced danger from the enemy and was prepared to pay the ultimate sacrifice. To remove this form of indexation could not be interpreted as the Government supporting those who serve or have served in defence of our nation (DVA Mission Statement).

6 3. Seniors Supplement That the Government revoke the decision contained in the DVA Federal Budget Budget Papers which ceases the Seniors Supplement to Gold Card and Commonwealth Seniors Health Card holders on 26 th June Rationale The Seniors Supplement is a payment made under the VEA to assist with payment of energy, telephone, internet, rates, water and sewerage expenses. To cease this payment will place eligible Veterans under financial stress as their household budget would have been based on receiving this supplement. This measure will impact the most vulnerable in the Veteran community. 4. Carer Support That the Department of Veterans Affairs initiate changes to the Veterans Entitlement Act and the Military Rehabilitation & Compensation Act to adequately provide social, financial and emotional support to the Carers of Younger (Contemporary) Veterans. At present DVA is constrained by legislation to effectively support these Carers. The legislation, DVA policy and procedures should be revised to include the following: a. Initiate a peer to peer support program so that these Carers can be socially connected. It is envisaged that this could be achieved via social media. b. In the case of a Carer who has to cease full time employment to provide full time care to the Veteran, then a Carer s Top Up allowance should be paid to bring the household s income back to the level before the Veteran s injury. c. The Veterans and Veterans Families Counselling Service (VVCS) should be augmented to allow unconstrained access for not only the individual Carer but also close family members including parents and children of the Veteran. d. The in-home Respite Care of 196 hours per financial year to allow a carer to have a break while a substitute carer comes into the home to take over the caring role should be increased to 28 days. An Aged Care Facility (Nursing Home) is not the proper facility for these younger Veterans.

7 5. Veterans Disability Pensions Rates That all rates for Veterans Disability Pensions be adjusted by the same increment that was granted at the time for the Single Rate of Service Pension in the 2009 Budget which was by 2.7% increase of Male Total Average Weekly Earnings (MTAWE). The September 2007 Legislative changes to the indexation arrangements for DVA disability pensions had gone some way to ensuring that the veterans benefits did not suffer further erosion but the Government s failure to adjust the rate of the veterans disability pensions in line with the adjustments made to other government pensions in the 2009/10 Budget, has meant that the relative value between veterans disability pensions and the other pensions has diminished. 6. Income Support Payments That the Government legislate that the following payments to Veterans are administered and paid by DVA on behalf of the Department of Human Services: a) Carers Allowance; b) Newstart Allowance; and c) Disability Support Pension The precedence for these payments to be made by DVA has already been set by the payment of the Age Pension (Service Pension). A Veteran once separated from the ADF should come under the umbrella of DVA for all of his/her entitlements. With regard to Newstart Allowance and the Disability Support Pension, it is demeaning for a Veteran to present at Centrelink to seek an Income Support payment along with the general population. This Veteran has served his country and should be treated with respect in his effort to find suitable employment post discharge or does not have Qualifying Service for the Invalidity Service Pension.

8 7. Home Respite Care That DVA increase the allocated hours of in-home respite care and provide a more flexible approach to granting of overnight respite as the present arrangements do not permit the Carer to have sufficient time away from the Veteran to be beneficial to the Carer s wellbeing. Currently DVA may pay for up to 196 hours of in-home or 28 day s residential respite, or a combination of both, in any one financial year. A Carer who needs a planned and reasonable time away from the house bound Veteran is limited to respite in an aged care facility or other community based setting which provides overnight respite. For Veterans who would benefit from receiving extended non-emergency respite care in their own surroundings, options are limited under the Veterans Home Care Program (VHC). While VHC provisions do provide for overnight in-home respite care there are time limits on respite hours and the duration of each respite episode. While DVA will finance the costs of residential respite for 28 days per financial year, if respite were provided in-house 24 hours a day it would only equate to 8 days per financial year. To ensure that Carers are provided with sufficient time to rest and relax away from the carer role, in-home respite needs to be more flexible. When in-house respite is assessed to be more beneficial to the Veteran, DVA needs to: a) Allow at least a minimum of two blocks of 96 hours (24 hours per day x 4 days) of in-house respite per financial year, without exhausting the annual allocation. b) Increase the hours of DVA funded in-house respite to accommodate the above changes. c) Ensure there are appropriate resources/services to provide overnight respite. 8. Additional Resources for the improved Management of Mental Health That the Government provides additional resources for the improved management of the mental health issues of the serving and ex-serving personnel and their families. It is publicly accepted that Mental Health issues in the contemporary veteran cohort are significant and furthermore there is a need for ADF/DVA to address the issue on a wider basis. Whilst there have been significant actions and efforts made there is a belief that the problem is far greater that the system believes and a greater amount of effort, resources and commitment is needed in the short term including a commitment to a Whole of Life approach. Equally ii is believed that a separate Commissioner for Mental Health is needed to offer advocacy, right of appeal and natural justice protection for the cohort. Other key elements in supporting serving and ex-serving members are a Centre of Excellence in Mental Health, improved transitioning services from ADF to post service life, a Whole of Life approach for care, a specific Mental Health Service delivery model and the necessary support mechanisms.

9 9. Residential Care-Younger Veterans That the Government Departments of Social Services (DSS) and DVA create a scheme to ensure access to affordable and age appropriate accommodation options for contemporary Veterans who are unable to live in the community, and where accessing Commonwealth funded residential aged care is inappropriate. Within the ex-service community a small number of Veterans, generally in the 30 s to 50 s age groups, are unable to live in the community or with their families as a result of significant physical, medical or emotional care needs. Although far from ideal, in cases of extreme physical disability it may be possible for a younger person to be assessed as eligible for admission to a nursing home by an Aged Care Assessment Team (ACAT). However for younger Veterans whose needs for residential care are primarily related to complex psychological symptoms, this is not the case. Often these younger Veterans experience significant emotional and behavioural disorders related to Post Traumatic Stress Disorder (PTSD), which can affect their ability to self-care and make safe decisions, and interfere with interpersonal relationships. Difficulties can be exacerbated by social isolation and loss of contact with family and friends. Although older Veterans who require 24-hour care have access to a range of services specifically designed and funded to meet their needs, Veterans in the younger age groups have very few options when residential care is required. 10. Veterans Aged Care That DSS implement reporting/monitoring mechanisms whereby aged care providers must demonstrate that the Special Needs status of Veterans is consistently recognised and respected. While recognition for the ex-service community as a special needs group under the Aged Care Act has now been in place for over 10 years, there is minimal review of aged care providers ability to deliver appropriate care to the ex-service community. In relation to the annual allocation of new places in residential care for veterans and war widows, the amendment to the Act has served the ex-service community reasonably well in most States. However, the allocation of veteran specific places under the Aged Care Approvals Round only requires approved providers to indicate in their application for places how they can meet the ex-service community s needs. While records from the DSS (previously Department of Health and Ageing) would indicate that new places are allocated for veterans each year, there is no follow up by the Department to ensure that approved providers are fully aware of the meaning of Veteran under the Act, or that veteran specific programs are implemented where needed or that these programs are effective. Likewise, there is no review of an approved provider s ability to provide veteran specific care under the current Accreditation processes. RSL members consistently report that few aged care providers are aware that the definition of a Veteran under the Aged Care Act not only applies to DVA beneficiaries (Gold and White cardholders), but includes another large group of people who are also deemed to have special needs status.

10 This group includes veterans wives/husbands, widows not classified as war widows by DVA, and Allied forces veterans and their spouses. Many aged care providers have difficulty in recognising these people as Veterans, as they do not have DVA Treatment cards that automatically signal their inclusion in the veteran special needs status group. If this larger group of the ex- service community are not identified by approved providers or the Accreditation processes, how can the Commonwealth Government be assured that their special needs are being met? The main component of any monitoring mechanism must be to ensure that aged care providers identify all persons who meet the definition of Veterans under the Aged Care Act and that appropriate and veteran specific care is delivered. With the introduction of the new Veteran Supplement, the need to introduce more formal monitoring mechanisms has become even more necessary.

11 Section 3 Other Proposals for the 2015/2016 Budget Not in Priority: That entitled veterans continue to receive timely and quality medical treatment and hospitalisation from doctors and dentists of their choice in accordance with the objective of the Repatriation Private Patient Scheme (RPPS), and that specialists and other health service providers be adequately resourced to do this; and that special provision is made for veterans resident in remote areas or areas where access to specialists and other health service providers is limited. That the Southeast Asia Treaty Organisation (SEATO) Surgical/Medical Teams sent to South Vietnam during the period be granted Qualifying and Operational Service under the Veterans Entitlement Act. Provide the Gold Card as an act of Government generosity for: a. Australian World War II veterans without qualifying service, such as those who were transported direct from Perth to Sydney by rail whereas the other half of the units travelled by sea and were awarded the Gold Card; b. Members of the Nursing Services who served during WWII without qualifying service; and c. British and Allied World War II veterans who have qualifying service, and who meet both the Australian residential and Service Pension criteria. That all WWII veterans who do not have Qualifying Service but were issued with a Returned from Active Service Badge be eligible for the Gold Card i.e. those who served in Northern Australia. That Allied veterans in receipt of Australian Government income support payments do not have the disability pension payments made by their parent Government counted for Centrelink income assessment purposes. That the Legal Aid scale of payment for solicitors and barristers representing Veterans at the AAT and Federal Court be increased to reflect current rates for appearances. That the GST concessions currently provided to veterans on the Special Rate Pension be extended to those on Extreme Disablement Adjustment (EDA). That the widows of Special Rate veterans be eligible for the Income Support Supplement (ISS) regardless of age if they meet the income and asset tests. That on the death of a veteran, any outstanding claims for allowances be still determined and paid up to the date of death of the veteran.

12 That the entitlement to the Repatriation Pharmaceutical Benefits Card (Orange Card) be extended to Commonwealth and Allied Veterans and Allied Mariners aged 70 years or older, who served in the Korean, Malayan, Malaysia- Borneo and Vietnam campaigns and any other campaigns post-vietnam. That all Veterans between the ages of 60 and 70 with Qualifying Service be given annual free medical examinations. That the widows of eligible Veterans, who remarry following their husband s death, be eligible to claim a War Widows pension relevant to their first husband s death. That section 85(2) of the VEA be amended to include alcohol and/or substance abuse as eligible for treatment at DVA expense. That the perceived discrimination between Officers and Other Ranks in respect of studies undertaken as part of rehabilitation training paid for by MCRS be removed. It is noted that the aim of rehabilitation is to give the same opportunity to the incumbent as was lost when injured, where their work required university tertiary qualifications compared with subordinate requirements for others. That the maximum reimbursable cost of obtaining additional medical evidence for a Veterans Review Board (VRB) hearing be increased from $475 to $1,000. That Veterans with a Repatriation Health Card be eligible to seek treatment for eligible conditions from qualified and registered Practioners of natural therapies. That the Government formally recognise and foster the critical role that primary carers provide for veterans. This recognition should include an increase in Carers Allowance and, where necessary, provide additional support services, particularly in respect of funding the infrastructure to support the DVA policy of placing more reliance on community health structures. For veterans in receipt of the EDA, who are still at home, their carers be automatically granted the Carers Allowance. That the funeral benefit available to veterans under the VEA 1986 be increased to $4000. That the Veterans of the British Commonwealth Occupation Force (BCOF) be awarded the Returned from Active Service Badge and the Australian Active Service Medal with clasp Japan. That all Widow s/widower s of ex-servicemen and women who were in receipt of 100% of the General Rate Disability Pension at the time of death automatically qualify for the War Widow s/widower s Pension.

13 That the Government declare that service with BCOF from 21 February 1946 to 30 June 1947 be covered by full repatriation benefits, as provided for in the approved Cabinet Agendum 1241C of 26 May That the Australian Government, in particular DVA, seek to amend legislation and/or regulations to ensure that Gold and White Card holders who are injured or hospitalized away from their home State, and who then have to return home for ongoing treatment, recovery or rehabilitation, have their transportation costs met by the Department, to their usual place of residence or domicile, wherever that may be in Australia.