The Repatriation Commission Annual Report 2003–2004
Functions, powers and structure
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 Repatriation Commission was retained.
Under section 180 of the VEA, the functions of the Repatriation 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 Repatriation 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 Repatriation Commission beyond the power to approve various actions of the Repatriation Commission. These powers are detailed under the Freedom of Information statement at Appendix C.
The Repatriation Commission currently provides services to almost half a million veterans and members of the Australian Defence Force, their partners, widows/widowers and children.
The Repatriation 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. This year Dr Johnston was re-appointed for a further one year term to 10 March 2005;
- the Deputy President, Mr Ian Campbell, who was appointed for a three-year term from 1 January 2000 and was re-appointed for a further three-year term to 31 December 2005; and
- the Services member (generally known as the Repatriation Commissioner) Rear Admiral Simon Harrington AM RAN (Retd). The third member of the Repatriation Commission is chosen from names submitted to the Minister by ex-service organisations. Rear Admiral Harrington was appointed on 25 August 2003 for a three year term to 24 August 2006.
The Repatriation Commission members are also part-time members of the Military Rehabilitation and Compensation Commission.
Administration of the VEA
The Repatriation 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 Repatriation Commission is the decision-maker. The Repatriation Commission has responsibility for deciding and reviewing individuals' entitlements to pensions, benefits and treatment in accordance with the VEA. Although the Repatriation Commission has no staff of its own, it is able (by sub-section 213(1) of the VEA) to delegate its powers. In practice, these delegates are staff of the Department of Veterans' Affairs.
Military compensation
In addition to administering the VEA, the Repatriation Commission has since 1999 closely monitored the administration by DVA of the Military Compensation and Rehabilitation Service (MCRS).
The MCRS by delegation from Comcare, administers the Safety, Rehabilitation and Compensation Act 1988 (SRCA) to provide compensation for military members on peacetime service. Since 1994, SRCA has also provided cover for members deployed in 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, Afghanistan and Iraq, have eligibility under both the VEA and the MCRS. For injury, disease or death due to ADF service on or after 1 July 2004, the MRCA replaces previous military and veteran compensation arrangements. The Military Rehabilitation and Compensation Commission will have statutory responsibility for administration of both the MCRS and the MRCA and is expected to delegate many of its decision making powers to staff of DVA.
Relationship with the Department
As noted, the Repatriation Commission is the responsible body under the Veterans' Entitlements Act 1986 for generally administering the Act, while the Department provides administrative support to the Repatriation Commission. The responsibilities of both bodies are therefore inextricably linked and the Repatriation 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 gives not only a cohesion between the two bodies but interconnects them with a high-level of administrative and fiscal accountability. It also enables the Repatriation Commission to take an active interest in the administrative arrangements of the Department, including the allocation of resources, and ensures the Repatriation Commission is briefed regularly on the progress and outcome of all major reviews, including Australian National Audit Office efficiency audits.
The Repatriation 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 2003–04, the Repatriation Commission considered 124 submissions and held 25 formal meetings.
Matters before the Repatriation Commission for decision included:
- Review of treatment principles;
- Proof of identity requirements for applicants claiming pensions and allowances;
- Deed of Variation - Victorian public hospital services arrangements;
- Deed of Variation - Western Australian public hospital services arrangements;
- Kamesburgh Painting - transfer of ownership;
- Establishment of the Centre for Military and Veterans' Health;
- Rehabilitation Appliances Program - schedule and national guidelines;
- Vietnam Veterans' Children Support Program - administrative arrangements;
- Loss of earnings allowance - calculation;
- Veterans' Home Care - contracts 2004-07;
- Veterans' Home Care - evaluation report;
- Whole of Government Data Integrity Project;
- Purchasing mental health services in private hospitals - reforms;
- Members of the Royal Australian Navy on loan to the Royal Navy - entitlements;
- DVA Human Research Ethics Committee - annual report;
- Private hospital services post 2005 - Brisbane and environs;
- Community Nursing Program - provider contracts and cost movements;
- Vietnam Veterans' Counselling Service - review of support arrangements;
- Strategies for renegotiation of long term public hospital agreements;
- South Australian Tier 1 Veteran Partnering Private Hospital agreements - extension;
- Tasmanian Tier 1 Private Hospital Agreement - extension;
- Amendment of Veterans' Entitlements (special assistance - motorcycle purchase) regulations;
- Veterans' Vocational Rehabilitation Scheme - new memorandum of understanding;
- 2003 Survey of Providers of Health Services to DVA Entitled Veterans and War Widows/Widowers;
- EDA age criterion - removing the "over 65" clause;
- East Timor disability pension claims;
- Vehicle Assistance Scheme - increased assistance;
- Standing offer agreements for the supply of DVA/Defence spectacle frames - extension;
- Victorian ambulance service arrangement;
- Complementary health therapies - review of policy;
- Personal response systems - removal of prior approval; and
- Mobility and functional support items - finalisation of contracts in Victoria, Queensland and New South Wales.
Veterans' Children Education Scheme
The Veterans' Children Education Scheme (VCES) provides support services and financial assistance to children of certain deceased or severely incapacitated veterans or members of the ADF. Children on the scheme have access to educational guidance and counselling from the Veterans' Children Education Boards. Benefits are available at all three levels (primary, secondary and tertiary) and include education allowances and other forms of assistance such as additional tuition, special financial assistance, rent assistance and fares allowance.
The total number of children benefiting from the VCES as at 30 June 2004 was 5 117. This represents a three per cent decrease on the previous year. While the number of students in primary and tertiary education decreased, the number of secondary students continued to grow.
The scheme also incorporates the Long Tan Bursary, which is administered by the Australian Veterans' Children Assistance Trust on behalf of the Department. Vietnam veterans' children, up to the age of 25 and who are in full-time tertiary education, are eligible to apply for the Bursary.
Thirty Bursaries of $6 000 each are awarded every year. The Bursary may be utilised over one or two years, at the student's discretion.
Strategic directions
This year has seen a number of significant milestones. The Repatriation Commission over-saw the introduction of major new legislation in the Military Rehabilitation and Compensation Act 2004. The new legislation provides a comprehensive range of compensation, rehabilitation and treatment benefits specifically designed to meet the needs of military service. It will deliver improvements in client service, particularly in managing rehabilitation of veterans and serving members.
Defence Links continued to be important in building the relationship between Defence and DVA to improve services to serving ADF personnel and ex-service members. In 2003–04 the Defence/DVA Links Project Review Board agreed to undertake a more active role in promoting joint projects and sharing advice and information between the two departments. The links board now meets more frequently and there is formal feedback to the links board from the joint Defence/DVA Medical Advisory Panel, a key body that considers ADF and veterans' health issues. A formalised process was also put in place to regularly advise the Minister for Veterans' Affairs and the Minister Assisting the Minister for Defence on joint departmental issues at a more detailed level.
Clarke Report
The Government announced its response to the Clarke Report in March 2004 and the Repatriation Commission has been supervising the implementation of the announced measures. The issues have had a high profile in the veteran community and have frequently been the subject of discussion between members of the Commission and veterans' organisations at conferences and consultative forums.
Relationship with ex-service organisations
The Repatriation Commission continued to give high priority to interaction with the veteran community and to attending major ex-service organisation conferences and commemorative events. A number of consultative forums also assist in obtaining veteran input on matters before the Commission. This focus has continued the effective partnership critical in ensuring reliable feedback from the veteran community on the appropriateness of policy and services delivered.
Quality assurance
The Repatriation Commission over-saw some major changes in quality assurance of determinations of its delegates over the past 12 months. These are sensitive issues for veterans, their families and staff, on what can at times be complex entitlements. The Repatriation Commission recognises that there needs to be collective confidence that decisions are well-informed, well considered and appropriate given the purpose of the legislation and taking account of individual circumstances.
Information Technology
The Repatriation Commission continued to support the Department's effective use of Information Technology (IT) as a key enabler to support business operations. The successful completion of the major strategic infrastructure project now places the Repatriation Commission in a position to seek further improvements in the Department's service delivery and operational capability. For example, one area of attention is in leveraging off the Internet protocol phone capability that has now been installed.
Also indicative of the importance that the Repatriation Commission places on the use of IT, is that submissions to Commission require IT, legal, financial and strategic clearance assessment as part of its operational protocols.
Changes to the increasingly complex veterans' legislation and entitlements require effective coordination of service delivery and commensurate enhancements to the core delivery systems to support their effective implementation.
IT remains a cornerstone of the way in which the Repatriation Commission sees its policies implemented. The Repatriation Commission is looking forward to further improvements being made through the adoption of more strategic approaches to the way IT and business services are delivered. In particular, it is keen to see the Department's numerous systems more closely integrated.
Health
Increased priority has been given over the past year to mental health issues. The Repatriation Commission has instituted a number of initiatives including the release of a discussion paper, Towards Better Mental Health in the Veteran Community, which covers:
- a shift in emphasis from residential to community-based mental health programs;
- broadening the treatment principles to extend for all veterans the access that Vietnam veterans have to automatic access to treatment for anxiety and depression as well as posttraumatic stress disorder; and
- improving administration of determination of compensation claims for mental health disabilities.
The Repatriation Commission notes that health contracting is a significant part of its business and is working to ensure the purchasing and contracting practice evolves as the scale and profile of the veteran population changes.
During the past year the fee arrangements for general practitioners, specialist allied health professionals and community based service providers have been matters for review and discussion in consultation with the veteran community. The Government has announced in successive budgets changes in fees for general practitioners and specialists, but the market for medical services is complex and continually changing so the availability of general health services under Gold and White Card arrangements will need to be kept under close review.
Health studies
A number of studies continue. In particular, significant progress has been made in drawing the six year study of Australia's Korean War veterans to a close with the publication of the cancer incidence and mortality studies in December 2003 and March 2004, respectively.
The Department successfully conducted a pilot study that demonstrated that a full study of surviving Korean War veterans was feasible and work commenced in February 2004. This study is expected to be completed in March 2005. The Department's research in this area is of international interest and will add significantly to the body of international literature.
The Department continued to work closely with the Department of Defence, the Australian Institute of Health and Welfare, the Australian Centre for Posttraumatic Mental Health and the newly established Centre for Military and Veterans' Health on matters relating to the health of current and former members of the Australian Defence Force. This work is expected to continue, in particular focussing on post-deployment health studies.
Commemoration
Commemorations continue to be a significant dimension in veterans' administration. It is important in fostering community understanding of the contribution veterans have made. The Repatriation Commission has been involved in several major commemorative activities in the past year, including:
- commemoration in Korea of the 50th anniversary of the armistice of the Korean War;
- a visit to Vietnam;
- the dedication of the Australian War Memorial in London;
- the commemorative services held in Gallipoli on Anzac Day 2004; and
- the presentation in Australia and in France of the Legion of Honour by the French Government to 10 Australian veterans of D-Day and the Normandy campaign.