Sovereign Borders’ trauma leads to landmark twist in compensation

A military veteran has landed a huge payout for trauma suffered while serving with Operation Sovereign Borders. But the win came with a landmark twist.

A military veteran who suffered trauma from serving with Operation Sovereign Borders is to receive a six-figure payment but in an Australian first, his RSL has successfully lobbied the State to take guardianship of the funds.

The move highlights a gap in services provided by the Department of Veterans’ Affairs which hands out tens of millions of dollars in compensation a year but is not obliged to determine whether the recipients are capable of managing it.

This is despite overwhelming evidence some recklessly blow their DVA payments on addictions, casinos and mismanagement or are preyed on by relatives or unscrupulous agents.

The landmark outcome by RSL Victoria could see the national ex-service group seek similar outcomes in other states and prompt legislative changes to determine responsibility.

Century-old laws governing how military veterans are compensated are already being overhauled.

Asylum seekers on the deck of an Australian warship off Christmas Island

The former Australian Defence Force personnel worked with the multi-agency border operation in the early 2000s aimed at stopping maritime arrivals of asylum seekers to Australia.

The man, who cannot be identified, after a long career suffered shock and trauma from his experiences which included dealing with the dead and dying from illegal boats that had arrived, been found or intercepted.

Asylum-seeking refugees swim around two of three refugee boats anchored at Ashmore Reef off Australia’s north coast in 2001. Picture: Megan Lewis

He was subsequently diagnosed with PTSD and other disorders and suffered significant hardship since being discharged from the ADF including developing a substance abuse.

He turned to the Victorian Branch of the Returned & Services League of Australia (RSL) for help after being told he would receive a lump sum in excess of $500,000.

RSL Victoria and the veteran’s treating GP, as well as an independent medical practitioner, collectively raised concerns about his capacity to manage the funds and petitioned the Victorian Civil and Administrative Tribunal (VCAT).

A Suspected Illegal Entry Vessel from Sri Lanka is intercepted by an Australian navy boat. Picture: Supplied

VCAT has now agreed to appoint State Trustees as financial administrators in an effort to ensure a secure financial future for the veteran.

RSL Victoria would not go into details for privacy reasons but confirmed the watershed outcome.

“RSL Victoria achieved what it believes to be a landmark decision in securing a state trustee to support a vulnerable veteran in managing their compensation payment,” an RSL Victoria spokesperson said.

Indonesian marines carry an asylum seeker who was rescued from a troubled boat adrift trying to reach Australia in 2012. Picture: AP

“Acting on behalf of the veteran, RSL Victoria’s Compensation Advocacy program has worked to have the injuries and trauma acquired by the veteran during their ADF service recognised, and these efforts have resulted in the recent approval of DVA incapacity payments and an increase in the veteran’s military pension … RSL Victoria (then) petitioned VCAT … in an effort to ensure a secure financial future for the veteran.”

RSL Victoria has since made several recommendations to the Royal Commission into Defence and Veteran Suicide regarding the possible long-term benefits of a potential trusteeship arrangement appointed in circumstances where a veteran eligible to receive a significant lump sum payment is likely to require additional support in managing their payment.

The DVA was aware of the VCAT case and said it did offer reimbursements for financial and legal advice a veteran might seek.

“There is no current legislative provision for the Department of Veterans’ Affairs (DVA) to withhold a compensation payment to which is a veteran is entitled,” a spokesperson said.

Originally published as Sovereign Borders’ trauma leads to landmark twist in compensation