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Outdated military claims, benefits laws to be dumped

A “once in a generation” new law is set to supersede previously outdated laws that were thwarting military veterans’ access to benefits. See how it will help.

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A “once in a generation” law designed by veterans for veterans will finally replace outdated legislation that has governed how former soldiers have been treated since the First World War.

Such has been the complexity of those outdated claims and benefits laws, the Royal Commission into Defence and Veteran Suicide concluded they were adversely affecting mental health and could be contributing to suicide.

It is hoped the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Bill to be introduced into federal parliament on Wednesday will address that.

The government said the simple single law to replace three others dating from 1917 would clearly spell out entitlements, better support claims and speed up claims processing.

Australian Army soldiers board an Australian Amphibious Force landing craft during Exercise Sea Raider in 2023. Picture: Defence
Australian Army soldiers board an Australian Amphibious Force landing craft during Exercise Sea Raider in 2023. Picture: Defence

Critically, the single law was guided by submissions from 45 veterans’ organisations and almost 280 veteran individuals. Their concerns saw a proposal by the Productivity Commission to limit future eligibility and restrict extension for the Gold Card rejected by the new Act. Access to lump sum payments will also be allowed and all decisions made appealable.

“This is a once in a generation opportunity to get the system right for veterans and families,” Veterans’ Affairs Minister Matt Keogh is expected to tell parliament on Wednesday.

“I thank all the veterans, Defence personnel, families, advocates and experts who have been involved in this process to date. Your feedback, frank and fearless as it’s been, has genuinely been vital in developing the pathway to, and the nuance of, this legislation.”

Matt Keogh, Minister for Veterans' Affairs. Picture: NCA NewsWire / Martin Ollman
Matt Keogh, Minister for Veterans' Affairs. Picture: NCA NewsWire / Martin Ollman

Mr Keogh said he recognised the complicated claims system was not fit-for-purpose and the loss of life of military service men and women a national tragedy.

Simplifying and harmonising the laws was the first recommendation of 13 made in the royal commission interim report released in August 2022.

Analysis found the 107-year-old laws were never refreshed with a multitude of “bolt-on amendments” to suit the times, over complicating the system and involving three separate Acts to manage claims.

The new Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. Picture: Supplied
The new Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. Picture: Supplied

The RSL Australia which was involved in the Act’s creation said it was a vast improvement on what it was and would make it an easier pathway for veterans to gain support.

The group aid issues would arise and requested government assurance it would be open to ongoing feedback during its early passage.

Veterans group APPVA said it did not go far enough, would just modify the dysfunction and like all Australians, veterans should be able to access the workers’ compensation system as well.

The Department of Veterans Affairs receives an average 4000 claims a fortnight which it now is mandated to register, screen and allocate within two weeks. It was already allocated 500 extra staff to do that in 2022 and in the 2024-25 Budget, an additional 141 processing staff were factored in. Of the more than 41,000 backlog of claims identified by the Royal Commission in 2022, about 90 per cent had now been completed.

The new law is expected to be in place in 2026, once it is passed by parliament, systems updated and delegates and veterans groups trained in its deployment.

Originally published as Outdated military claims, benefits laws to be dumped

Original URL: https://www.heraldsun.com.au/news/national/military-veterans-help-rewrite-107yearold-claims-and-benefits-laws/news-story/e852ec48b6301e28d73231ddfaff716a