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Annual Reports Contents >> The Repatriation Commission Annual Report 2001—2002

The Repatriation Commission Annual Report 2001—2002

Functions, powers and structure of the Repatriation Commission

The Repatriation Commission was established on 1 July 1920 by proclamation of the Australian Soldiers’ Repatriation Act 1920. When this Act and several other related Acts were replaced in 1986 by the Veterans’ Entitlements Act 1986 (VEA), the Commission was retained.

Under section 180 of the VEA, the functions of the Commission are:

• to grant pensions and other benefits and provide treatment for veterans, their dependants and other eligible persons;
• to advise the Minister on the operation of the VEA; and
• generally to administer the VEA, subject to the control of the Minister.

The VEA also gives the Commission the power to take necessary actions in connection with the performance of its functions, duties and powers (section 181). The responsible Minister under the VEA is the Minister for Veterans’ Affairs. The Minister does not have any powers to direct the Commission beyond the power to approve various actions of the Commission. These powers are detailed under the Freedom of Information statement at Appendix C.

The Commission currently provides services to more than half a million veterans and members of the Australian Defence Force, their partners, widows/widowers and children.

The Commission has three full-time members appointed by the Governor-General:

• the President, Dr Neil Johnston, who is also Secretary of the Department of Veterans’ Affairs. Dr Johnston was appointed on 11 March 1996 and in March 2001 was re-appointed for a further term to 10 March 2004;
• the Deputy President, Mr Ian Campbell, who was appointed for a three-year term from 1 January 2000; and
• the Services member (generally known as the Repatriation Commissioner), Major General Paul Stevens AO. The third member of the Commission is chosen from names submitted to the Minister by ex-service organisations. Major General Stevens was initially appointed on 25 August 1997, re-appointed for two years on 25 August 2000 and in 2002 was re-appointed for a further 12 months to 24 August 2003.

The Commission has no staff of its own. Under section 196 of the VEA, staff necessary to assist the Commission are made available for the purpose by the Secretary of the Department of Veterans’ Affairs.

Administration of the VEA

The Commission is vested with broad powers to enable it to carry out its functions, duties and powers under the VEA. It also has specific powers to enter into contracts, deal with real or personal property, undertake building works and engage persons to perform services.

In relation to claims for pensions, benefits and treatment under the VEA, the Commission is the decision-maker. The Commission has responsibility for deciding and reviewing individuals’ entitlements to pensions, benefits and treatment in accordance with the VEA. Although the Commission has no staff of its own, it is able (by sub-section 213(1) of the VEA) to delegate its powers to staff of the Australian Public Service. In practice, these delegates are staff of the Department of Veterans’ Affairs.

Military compensation

In addition to administering the VEA, the Commission has since 1999 closely monitored the administration by DVA of the Military Compensation and Rehabilitation Scheme (MCRS) on behalf of the Department of Defence.

The MCRS is a scheme established under the Safety, Rehabilitation and Compensation Act 1988 (SRCA) to provide compensation for military members on peacetime service. Since 1994 it has also provided cover for members deployed on non-warlike (peacekeeping) and war-like service as declared by the Minister for Defence. Thus members of recent deployments, such as those to East Timor and Afghanistan, have eligibility under both the VEA and the MCRS.

Relationship with the Department

As noted above, the Repatriation Commission is the responsible body under the VEA for generally administering the Act, while the Department provides administrative support to the Commission. The responsibilities of both bodies are therefore inextricably linked and the Commission has a vital interest in the activities of the Department and in the assessment of the appropriateness, effectiveness and efficiency of departmental programs, including performance management.

The dual role of the President of the Repatriation Commission as Secretary of the Department not only provides cohesion between the two bodies but interconnects them with a high level of administrative and fiscal accountability. It also enables the Commission to take an active interest in the administrative arrangements of the Department, including the allocation of resources, and ensures the Commission is briefed regularly on the progress and outcome of all major reviews, including Australian National Audit Office efficiency audits.

The Commission wishes to thank the staff of the Department who implement its policies, and to whom it delegates many of its powers, for their continued commitment and dedication to the goal of achieving excellence in service delivery.

Commission activity

In 2001–02, the Repatriation Commission considered 120 submissions and held 23 formal meetings.

Matters before the Commission for decision included:

• Compensation payments—Japanese internment
• Restoration of war widows’ pensions—pre 1984
• Private trusts and companies—integrity of means testing
• Pensions Loan Scheme—extension of eligibility
• ANAO performance Audit—Review of Veterans’ Compensation Decisions
• Expansion of the Long Tan Bursary Scheme
• Veterans’ Children Education Scheme—benefits for students living overseas
• Vietnam veterans’ children—extension of assistance for certain conditions
• VVCS - Veterans and Veterans Families Counselling Service—extension of services to Vietnam veterans’ children over 35 years of age
• Crisis Assistance Program—proposed pilot program
• Veterans’ Vocational Rehabilitation Scheme—extension of Memorandum of Understanding
• Health and Medical Research Grants Program
• Australian Centre for Posttraumatic Health
• Cooperative Research Centre in physical activity and health
• Fees for rural practitioners—negotiations with the Australian Medical Association
• Community nursing—payment management for exceptional cases
• Dental fees schedule
• Dental prosthetics fees schedule
• Fees for specialists
• Remuneration for preparation of cytotoxic drugs
• Social workers in private practice—submission from the Australian Association of Social Workers for a fee increase
• Fees for new spectacle frames
• Day procedure centres—pricing strategy
• Tasmanian veteran partnering contracts with private hospitals—review of prices
• Repatriation transport—annual adjustment to rates of travelling allowance
• Repatriation Transport Scheme—Booked Car with Driver service
• Concord Repatriation General Hospital—special veteran services
• Veterans’ Home Care—implementation issues
• Prescriber intervention and feedback program
• Alternative health therapies—veteran access
• Reduction of prior approval on psychology services and dietary services
• Anaesthetic services—payment arrangements
• Podiatry services—fees
• Korean health study pilot
• Special Air Service—members’ health concerns

In some cases submissions led to changes in administrative policy while in others they confirmed or clarified current policy guidelines.

Strategic directions—the future

This year has seen the announcement of several Government initiatives that potentially may affect the work and the role of the Repatriation Commission in future years.

Independent Review of Veterans’ Entitlements

One such initiative is the Independent Review of Veterans’ Entitlements, under the chairmanship of the Hon John Clarke QC. The Review is currently examining issues that have been raised by the veteran community, including:

• perceived anomalies with the eligibility criteria of the VEA;
• the adequacy of benefits and support available to compensation pensioners; and
• the possible extension of the VEA to cover Australians involved in the British atomic testing program as well as members of the Special Air Service Regiment.

The Committee is due to report to the Minister in November 2002. The report will then need to be considered by the Government. Implementation of any recommendations from the Review may have an impact on Commission policy and future directions.

The Commission’s submission to the Review noted that in the daily administration of the VEA there is necessarily a focus on the claims process and associated compensation and treatment benefits. It acknowledged that the majority of veterans for which the Commission is responsible are either in retirement or approaching retirement.

The submission went on to point out that the operation of the current Veterans’ Vocational Rehabilitation Scheme (VVRS) has highlighted the increasing importance of promoting not only the goal of sustainable employment, but social rehabilitation as well. The VVRS allows veterans to test their capacity to participate in the workforce. The process has proven valuable in encouraging veterans to examine other avenues of social engagement.

The Commission also noted in its submission that any recommendations of the Review, especially in relation to the Special Rate benefit, may be relevant to the outcomes of the proposed new military compensation and rehabilitation scheme (see below).

New military compensation scheme

The Government’s decision to introduce a new Military Compensation Scheme as recommended in the 1999 report by Mr Noel Tanzer AC will also impact on the Commission.

The new scheme will be a self-contained safety, rehabilitation and compensation scheme for the Australian Defence Force (ADF) covering all service short of declared war involving a general mobilisation. The scheme will be based on the distinctive nature and needs of military service.

The new scheme will operate prospectively—there will be no impact on entitlements under the VEA or the SRCA, which provides benefits to ADF members through the Military Compensation and Rehabilitation Service. Both will continue to apply to veterans and ADF members with eligibility already established under those Acts. The new legislation will apply to all service after the date of its commencement.

Under the proposals currently being discussed, a new regulatory commission would be established to supervise the proposed new scheme, monitor legislative compliance and administrative performance and provide advice to the Minister and the Defence Organisation on the operation of the scheme. The membership of this new commission would include the members of the existing Repatriation Commission, as well as representatives from the ADF, the Department of Defence and the Safety, Rehabilitation and Compensation Commission. The Repatriation Commission would remain a separate entity to continue administering entitlements under the VEA.

The proposal to include formally the existing Repatriation Commission in the administration of the new scheme will draw on existing expertise and is consistent with the move for Veterans’ Affairs matters to be more closely integrated in the Defence portfolio.

Strategic directions—now

Defence links

The Defence and DVA Links Project is an important element in the move towards greater integration into the Defence portfolio. The project involves the Department of Veterans’ Affairs and the Department of Defence working together for greater efficiency. Examples of this approach are the contracting of certain DVA accounts payable services to Queensland Clerical Solutions, which is part of the Department of Defence, as well as exploring options to improve the management of records by minimising duplication and maximising efficiency.

The Commission fully supports this approach, recognising that it provides the opportunity for the provision of improved services to both the veteran and the defence force communities. The Deputy President is co-chair and the Repatriation Commissioner is a member of the Links Review Board, which oversees the project.

Health care issues are a major focus of the project including:

• a strategic alliance for joint contracts with private hospitals in Tasmania and Townsville;
• the F-111 Deseal/Reseal Health Care Scheme;
• the Joint Medical Advisory Panel;
• the proposed establishment of a Centre for Military and Veterans’ Health; and
• a new range of spectacle frames (see page 67).

In addition, the Health and Research Working Group of the Joint Medical Advisory Panel has oversight of joint Defence/DVA health studies such as the Gulf War Study and the Nuclear Test Participants Cancer Incidence and Mortality Study.

Health studies

The Commission, together with DVA and, at times, the Department of Defence, is involved in a number of studies of the health of groups in the veteran or service population.

Current studies planned or underway include:

• Korean War Veterans Mortality Study;
• Korean War Veterans Cancer Incidence Study;
• a third Vietnam Veterans Mortality Study;
• Gulf War Veterans Health Study; and
• Nuclear Test Participants Cancer Incidence and Mortality Study.

A pilot health survey of Korean War veterans to confirm the methodology for a wider survey is also proposed.

As these health studies become increasingly more scientific, it can be expected that they will become a regular part of the Commission’s business and will continue for future cohorts.

The primary purpose of the studies is to assist with developing appropriate policies regarding treatment and compensation as well as occupational health and safety practices. The Commission is concerned that there may be a perception in the veteran community that these studies are needed in order for individual veterans to be able to gain access to the compensation systems and the allied treatment benefits—this is not generally the case.

Commemoration

The Commission continues its strong support for the Government’s commemorations program, which actively encourages communities to commemorate the service and sacrifice of Australians in time of war, conflict and peacekeeping operations.

In February 2002, the Repatriation Commissioner accompanied the Minister for Veterans’ Affairs and a party of 28 veterans and war widows to Singapore as official representatives of Australia at commemorations to mark the 60th anniversary of the Malayan campaign and the Fall of Singapore during World War II. The mission party visited a number of World War II battle sites in Singapore and Malaysia and attended commemorative services at Changi Chapel and at the Kranji War Cemetery.

Relationship with ex-service organisations

The Commission maintained its policy of partnership with the veteran community during 2001–02. An ex-service organisation forum was held in August 2001, attended by the Commission, senior DVA staff and representatives of leading ex-service organisations, to address key issues and developments in the Veterans’ Affairs portfolio.

In addition, the Commission makes itself available to many of the peak ESO conferences and congresses and provides information sessions to their national councils and committees.

Deputy Commissioners in the State offices of the Department of Veterans’ Affairs are encouraged to develop close relationships with local ex-service groups. The continuation and fostering of relationships at the local level is seen by the Commission as being essential to ensure that the views of veterans and their dependants are being heard and their needs are being met.