Appendix C – Freedom of Information Act section 8 statement
Functional Statement of the Repatriation Commission, the Military Rehabilitation and Compensation Commission and the Department of Veterans’ Affairs
Repatriation Commission
The Repatriation Commission was established on 1 July 1920 by the Australian Soldiers’ Repatriation Act 1920. When this Act and several subsequent Acts were replaced by the Veterans’ Entitlements Act 1986 (VEA) the Commission was retained.
The functions of the Repatriation Commission are to grant pensions and other benefits and provide treatment for veterans, their dependants and other persons; to advise the Minister on the operations of the VEA; and to generally administer the VEA, subject to the control of the Minister. For detailed information on the Commission, please refer to the Repatriation Commission Annual Report.
Military Rehabilitation and Compensation Commission
The Military Rehabilitation and Compensation Commission was established on 1 July 2004 by the Military Rehabilitation and Compensation Act 2004.
The Military Rehabilitation and Compensation Commission has functions conferred on it by Part 3 of Chapter 9 of the Military Rehabilitation and Compensation Act that include making determinations under the MRC Act accepting liability, the payment or provision of compensation and the provision of services for treatment and rehabilitation. Functions are also conferred on the Commission by Part XI of the Safety, Rehabilitation and Compensation Act 1988. That Part confers on the Commission the functions:
- of determining and managing claims under the Safety, Rehabilitation and Compensation Act that relate to defence service that occurred before 1 July 2004; and
- of managing the provision of compensation and rehabilitation provided as a result of the making of the claims.
For detailed information on the Commission, please refer to the Military Rehabilitation and Compensation Commission Annual Report.
Department of Veterans’ Affairs
The Department administers services to entitled members of the veteran and defence force communities, and provides policy advice and support to the Minister, the Repatriation Commission and the Military Rehabilitation and Compensation Commission. The Department’s Executive is located in Canberra and there are offices in all state capitals. Detailed information on the Department is published elsewhere in this report.
Decision-making and other powers of the Repatriation Commission, the Military Rehabilitation and Compensation Commission and the Secretary to the Department of Veterans’ Affairs
The powers of the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and the Secretary to the Department of Veterans’ Affairs are set out in legislation administered by the Minister for Veterans’ Affairs. Legislation administered by the Minister is published in the Administrative Arrangements Order which is available at http://www.pmc.gov.au/parliamentary/index.cfm. It should be noted that many of the powers of the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and the Secretary to the Department of Veterans’ Affairs are delegated to Department of Veterans’ Affairs staff.
Arrangements for outside participation
The Repatriation Commission, the Military Rehabilitation and Compensation Commission and the Department give high priority to interaction with the veteran and defence force communities. In addition to regular liaison and contact through formal committees and Round Tables, the commissions are represented at national and state conferences of major ex-service organisations. Input from ex-service and defence force organisations and members of the general public who write to the Minister, the Repatriation Commission or the Military Rehabilitation and Compensation Commission is considered in the formulation of departmental policies and practices.
Categories of documents maintained by the Repatriation Commission, the Military Rehabilitation and Compensation Commission and the Department of Veterans’ Affairs
The following categories of documents are held on behalf of the Repatriation Commission, the Military Rehabilitation and Compensation Commission and the Department.
Briefs, submissions and reports
Briefs, submissions and reports prepared for submission to the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and the Minister.
Manuals
Manuals, guidelines, directions and administrative instructions relating to legislation administered by the Minister. The Department maintains a number of publications for the guidance of its staff and some non-departmental persons in the making of decisions. Full details of those manuals, guidelines, instructions, etc held within the Department that are available for perusal and purchase by the public are contained in the statement prepared to comply with section 9 of the Freedom of Information Act 1982. The statement is available from the nominated Access Office, the National Archives of Australia, on its web site www.naa.gov.au.
Titles, deeds and leases
Title documents to property, deeds and leases to property owned or leased by the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and the Department.
Agendas, minutes and decisions
Agendas, minutes and decisions of the Repatriation Commission and the Military Rehabilitation and Compensation Commission.
Mailing lists
The Department maintains mailing lists for its own use to disseminate information through media releases, publications, magazines and newsletters. The lists contain names and addresses of ex-service organisations, the media, members of the Senate and the House of Representatives, Commonwealth departments and university libraries, Local Medical Officers and other contracted health service providers, schools, museums, local government associations and historical and genealogical societies.
Database records
A wide variety of client databases is held as computer files and printouts, index cards, microfiche, printed forms and statistical tabulations. Comprehensive statistical tables are published in the Department’s annual report.
The Department maintains several electronic databases relating to payments to health service providers, overarching contract management details and contracted agencies to implement specific programs for DVA beneficiaries.
The Department maintains a nominal rolls database of those who served in Australia's armed forces in wars, conflicts and other defence operations overseas. The WWII and Korean War Nominal Roll web sites are based on information from that database, and are publicly available.
For further details on the separate databases used by the Department, refer to the Personal Information Digest at www.privacy.gov.au .
Files
The Department maintains files on a wide range of topics at its offices. These relate to policy, procedures and reports on departmental functions and activities in addition to pension, medical, hospital, education, loan, insurance, research projects, land acquisition, counselling, estate development, and discretionary grant applications relating to individual veterans, dependants and organisations.
Films, videotapes and audiotapes
Photographs, slides, films, videotapes and audiotapes, dealing with training subjects, transcripts and commemorative events, are held in DVA premises. Specialist reports on x-rays are kept in the patient’s medical record.
Medical records and reports
Medical treatment and examination records and reports, including those that were carried out in the Department’s medical institutions in each state, are usually held in DVA or National Archives of Australia premises or the former Repatriation General Hospital in that state.
Medical survey reports and samples
Medical Survey reports (including blood samples), obtained further to health studies undertaken by the Department, are retained by contracted agencies and are accessible through application to the Department. Appropriate protocols are in place to ensure confidentiality.
Maps and plans
Maps and plans of departmental buildings and former medical institutions are held by the Department as well as maps of some places in the world where Australian, Commonwealth and allied forces have been on active service or are officially commemorated at war memorials or war graves. Sketch plans, working drawings and specifications for projects proposed or under construction also are held.
Agreements
The Department holds copies of contracts, agreements and Memoranda of Understanding including but not limited to:
- contracts with health providers, health advisers and consultants;
- contracts for the supply of goods and services;
- contracts between the Department and researchers for approved research projects;
- contracts between the Department and organisations or individuals in receipt of grants for approved projects;
- contracts between the Repatriation Commission and the Military Rehabilitation and Compensation Commission with private hospitals for the provision of service to entitled persons;
- the Memorandum of Understanding between the Repatriation Commission and the Military Rehabilitation and Compensation Commission and Medicare Australia concerning the administrative arrangements and the agreed basis for processing DVA treatment accounts by Medicare Australia;
- agreements between the Department and universities for the operation of clinical sciences units at former Repatriation General Hospitals;
- agreements with unions, including enterprise agreements, on industrial matters affecting the Department;
- arrangements on the provision of benefits with authorities administering entitled persons’ benefits in certain other countries;
- reinsurance contracts, and instruments appointing agents;
- agreements between the Commonwealth and QBE Commercial for the provision of household contents insurance;
- agreements between the Commonwealth and Westpac Banking Corporation for Westpac to finance loans under the Defence Service Homes Act 1918 and for the Commonwealth to pay a subsidy to Westpac for the difference between commercial interest rates and the concessional rate charged on Defence Service Homes accounts;
- agreements between the Department and Worldcare Pty Ltd for the provision of a helpline advice service;
- agreements between the Department and organisations receiving funding under the Building Excellence in Support and Training (BEST) scheme, Veteran & Community Grants, Saluting Their Service commemorative grants program and the Grants-in-Aid program;
- agreements with several state governments regarding the transfer of the former Repatriation General Hospitals (RGH);
- agreements between the Repatriation Commission and psychologists, social workers and other organisations under the VVCS - Veterans and Veterans Families Counselling Service Outreach and group programs;
- agreements between the Department and the Salvation Army for the provision of the after hours crisis counselling telephone service and the Crisis Assistance Program;
- agreements relating to the engagement and entitlements of staff previously employed at RGHs;
- Hospital Services agreements with state authorities for treatment of entitled persons in public hospitals;
- the provision of psychiatric services entitled persons;
- agreements concerning the treatment of war graves of members of the armed forces of the commonwealth in overseas territories;
- agreements concerning the on-going maintenance of overseas memorials; and
- agreements for financial funding between the Department of Finance and Administration and DVA.
Finance documentation
Finance documents maintained by the Department cover such areas as the chart of accounts, the register of accounts, expenditure and revenue ledgers, receipt books, requisition, estimates, and budgeting forms. Also held are papers for external presentation, for example, to CPA Australia and the Institute of Public Administration Australia.
Registers
Registers are maintained in various areas of the Department, principally for scheduling incoming correspondence and claims for pensions, benefits, allowances and services. Numerous other registers, covering such subjects as repairs to artificial limbs, appliances and footwear, examination and treatment matters, administration of the Department, allocation of file numbers, assets, shares, securities for loans and trust matters are also held.
Technical reports
Technical or administrative reports are produced in different areas of the Department. Examples are establishment reports, audit reports, management review reports and equipment evaluations.
Planning and information systems
These assist the Department to plan the proper use of resources and finances, evaluate current efficiency and supply statistics on the delivery of benefits to clients.
Cabinet documentation
The ACT Office of the Department retains copies of submissions to Cabinet of the current Government as well as copies of other Departments’ submissions where there is a matter of interest to the Veterans’ Affairs portfolio. Also held is a copy of each Cabinet decision affecting the operations or policies of the Department and a card index to assist in referring to those decisions.
Delegations, authorisations, opinions, decisions and instructions
The ACT Office holds the originals of the following:
- delegations under repatriation and other legislation;
- delegations and appointments under the Public Service Act and regulations;
- authorisations and appointments under the Financial Management and Accountability Act 1997;
- authorisations and appointments under the Financial Management and Accountability regulations;
- authorisations under the Freedom of Information Act 1982;
- authorisations under the Repatriation Pharmaceutical Benefits Scheme (RPBS); and
- statutory appointments relative to the Repatriation Commission, the Military Rehabilitation and Compensation Commission, Veterans’ Review Board, Office of Australian War Graves and Australian War Memorial.
Available publications
Documents that are customarily made available include annual reports; a directory of ex‑service organisations; a booklet of figures concerning repatriation benefits and assistance; ad hoc commemorative publications and various information pamphlets on various repatriation and compensation benefits, services and allowances. Ad hoc commemorative publications published by the Department are available for purchase at the Australian War Memorial Shop. Most Departmental publications are available on the web site www.dva.gov.au.
Legislative instruments made by the Minister, the Repatriation Commission or the Military Rehabilitation and Compensation Commission are required to be registered in the Federal Register of Legislative Instruments under section 24 of the Legislative Instruments Act 2003. The legislative instruments are available to the public via the internet at www.comlaw.gov.au. They include: the Guide to the Assessment of Rates of Veterans’ Pensions; Treatment Principles; Repatriation Pharmaceutical Benefits Scheme; Repatriation Private Patient Principles; Vehicle Assistance Scheme; Veterans’ Children Education Scheme; the Guide to Determining Impairment and Compensation (GARP M); MRCA Treatment Principles, MRCA Pharmaceutical Benefits Scheme, MRCA Private Patient Principles, MRCA Rural Enhancement Scheme, MRCA Return To Work Scheme; Motor Vehicle Compensation Scheme and the Military Rehabilitation and Compensation Act Education and Training Scheme.
Document access
Facilities for access to documents are provided in the Department's offices. Departmental publications may be obtained from any of these offices. All new non-commercial publications will be available electronically on the Department's web site, www.dva.gov.au. Information about facilities for access for disabled people can be obtained by contacting the Department’s FOI contact officers.
General inquiries about access to documents or other matters relating to freedom of information should be made to the FOI contact officers in each capital city, whose addresses and telephone numbers are listed below.
| ADELAIDE: | Blackburn House, 199 Grenfell Street, ADELAIDE, SA 5000, or GPO Box 1652, Adelaide, SA 5001 Ph: (08) 8290 0494 |
| BRISBANE: | Bank of Queensland Centre, 259 Queen Street, Brisbane, QLD 4000, or GPO Box 651, Brisbane, QLD 4001 Ph: (07) 3223 8819 |
| CANBERRA: | Lovett Tower, 13 Keltie Street, Woden, ACT 2606, or PO Box 21, Woden, ACT 2606 Ph: (02) 6289 6208 |
| HOBART: | 21 Kirksway Place, Hobart, TAS 7000, or GPO Box 481 Hobart, TAS 7001 Ph: (03) 6221 6680 |
| MELBOURNE: | Argus Centre, 300 Latrobe Street, Melbourne, VIC 3000, or GPO Box 87A, Melbourne, VIC 3001 Ph: (03) 9284 6322 |
| PERTH: | AMP Building 140 St Georges Terrace, Perth, WA 6000, or GPO Box F352, Perth, WA 6001 Ph: (08) 9366 8297 |
| SYDNEY: | Centennial Plaza Tower B, 280 Elizabeth Street, Surry Hills, NSW 2010, or GPO Box 3994, Sydney, NSW 1141 Ph: (02) 9213 7778 |
Repatriation Medical Authority
The Repatriation Medical Authority (RMA) is a statutory authority established under section 196A of the VEA. Five eminent medical-scientific experts, each representing a speciality, are members of the RMA.
Under section 196B of the VEA the authority is authorised to determine those medical contentions that are based on sound medical-scientific evidence, and to provide a relevant relationship between service and injury, disease or death.
The determinations of the RMA are issued in the form of statements of principles (SoPs) that are disallowable legislative instruments. The medical content of these statements is binding on decision makers at all levels, including the Repatriation Commission, the Veterans’ Review Board, the Administrative Appeals Tribunal and the courts. SoPs are available in both hard copy and on the DVA web site at www.dva.gov.au/pensions/statemnt/default.htm.
Specialist Medical Review Council
The Specialist Medical Review Council is established under section 196V of the VEA. The members of the council are eminent medical practitioners and medical scientists whose names are put forward by the professional colleges. The council has power, under section 196W of the VEA, to review determinations by the RMA.
Appendix A: