AUSTRALIAN PEACEKEEPER & PEACEMAKER
VETERANS’ ASSOCIATION
NATIONAL EXECUTIVE
HEIDELBERG REPATRIATION VETERAN CENTRE,
P.O. BOX 5444, HEIDELBERG WEST, VIC, 3081
(INCORPORATED IN VICTORIA)
ABN 59 558 194 094
Telephone: (03) 9496 2353
Fax: (03) 9496 2285
Mobile: 0432 099 270
Email: Kevin.Ryan@austin.org.au
Website: www.peacekeepers.asn.au
Patron
Major General (Professor) John
Pearn AO, RFD (Ret’d)
Affiliated with the Soldiers of Peace
International Association – SPIA
http://www.fname.info/aisp/eng/
Also assisting Veterans of Iraq, Afghanistan and Peacetime Service
Commemorating 20 Years of The Deployment of the
Australian Contingent to the United Nations Advance
Mission in Cambodia (UNAMIC)
29th October 2012
SRC Act Review Secretariat
Workplace Relations Implementation and Safety Group
Department of Education, Employment and Workplace Relations
Location Code: C50MA1
GPO Box 9880
CANBERRA ACT 2601
The Australian Peacekeeper and Peacemaker Veterans’ Association Inc. (APPVA)
Response to the Review of the Safety, Rehabilitation and Compensation
(SRC) Act of 1988 – Issue Paper
References:
A. Review of the SRC Act of 1988 – Issue Paper dated September 2012
B. APPVA Submission to The Review of Military Compensation Arrangements dated 26
July 2009
The APPVA would like to thank the Secretariat of Workplace Relations Implementation and
Safety Group (WRISG) and Department of Education, Employment and Workplace Relations
(DEEWR) in giving an extension to submit our response to the Review of the Safety,
Rehabilitation and Compensation Act SRC Act of 1988 – Issue Paper.
We thank the Government for providing us the opportunity to review the Issue Paper, of
which we will look at points raised and ensue that those ADF members both past and present
in question have been given the right to procedural fairness and to ensure that they are not
disadvantaged financially.
In light of Government financial cutbacks, the association is of the view that the current SRC
Act of 1988 is being looked at as a cost saving measure by the Government.
“Looking After Our Own”
Document1
Page 1
3/23/2016
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The APPVA we look at those areas’s identified by the Government and access the impact it
will have on our constituents both past and present.
This Issue Paper, in our belief has been identified by those Government Agencies as cost
saving measures that need to be scrutinized. The APPVA has intended to make the best
possible presentation of anomalies and areas of confliction that affect those who served from
1988 to 30 June 2004 under the SRC Act of 1988.
Yours Sincerely,
Name
Title
3
Review of the SRC Act of 1988
Terms of Reference
1. Any legislative anomalies and updates that need to be addressed, including
1.1
Identifying and resolving
anomalies in the
legislation and in the
operation of the scheme
The APPVA have in the past responded to many anomalies
within the SRCA Act that pertain to those members of the
Australian Defence Force (ADF) post 1988.
We have always felt that an injury in peacetime should not be
treated any different to one that happens on operational service.
As these injuries arise out of the nature of one’s duty, this is
why the APPVA submit that a commonality must be introduces
towards such treatment for those who have served this country
in what is viewed by the Australian Public as an honourable
role.
The sacrifices made in peacetime service are at times just as
much as those who have deployed overseas. Therefore equality
in treatment for cancers, access to VVCS and psychiatric
conditions for SRCA eligible members should be provided
without disrespect to the ADF member as the injury, disease or
illness has arisen out of his/her service.
In the APPVA submission of 2009, The Review of Military
Compensation Arrangements we made contention to the
removal of Section 14 which dealt with (Compensation for
Injuries), (2) Compensation is not payable in respect of an
injury that is intentionally self-inflicted, (3) Compensation is
not payable in respect of an injury that is caused by the serious
and wilful misconduct of the employee but is not intentionally
self-inflicted, unless the injury results in death or serious
permanent impairment.
The APPVA has requested removal of Section 14 of the SRCA
1988, because members of the ADF who suffer from service
caused mental illness may in fact conduct self-harm with in the
sphere of mental illness. It is viewed as a reasonable
expectation that some psychiatric patients may revert to toward
self-harm. If that was the case, then it must be reviewed as a
sequela medical condition for such self-harm medical
conditions.
Rank/ Appointment anomalies Under SRCA
Incapacity payments under SRCA and MRCA remain the same
for the first 45 weeks at 100% but when the reduction to 75%
occurs MRCA reflects the 75% of the base wage and pay group
but SRCA is capped at 1.5 x MATWE meaning that the higher
rank and pay groups are disadvantaged by this obscure piece of
4
legislation at a rough calculation this means that they would not
receive more than approximately $2000 per fortnight. This may
also have implications for WO1 and WO’s of other services
depending on their pay group.
1.2
The framework to
achieve the objectives of
providing and equitable
and cost effective
compensation system,
with a particular
emphasis on the
improved rehabilitation
of injured employees
The APPVA suggest that separate provisions should be made
for Military SRCA Coverage reflecting the significant
difference between military and public service.
The APPVA states that the primary aim of the scheme –
should be to ensure short term financial and medical security
for injured employees – then with a graduated focus on
rehabilitation and possible return to work. Military personnel
are less likely to be able to return to work in the military as the
ADF has little provisions to accommodate significantly
disabled military employees.
Treatment Cards and Concessions
The APPVA contends that Specified Treatment Entitlement
Card (STEC) be issued for all conditions to members under
SRCA. This is only if the member has satisfied the Seriously
Incapacitated Adjustment (SIA), then a Gold Card should be
issued if embossing of TPI. This provides for the member to
have access to Concessions, consistent for those TPI veterans
under the VEA.
Situations have developed, where the former member has
arranged a bill paying method, which is billed directly to DVA
under SRCA and the supplier/ provider has refused to continue
with this arrangement. The reason for this is the inordinate
delay by the Department of Veterans’ Affairs to pay the bill in a
timely manner.
By utilising these cards, payment of pharmaceuticals is used in
place of the member paying upfront for medications. As stated
in the MRCA Part, a Smart Card would alleviate such
problematic areas.
As for Pharmaceutical matters mentioned above, the same
approach be used for treatment, as the former member normally
does not have to pay for treatment. This is consistent with the
approaches within the VEA and MRCA.
Prior to the election in 2007, the Smart Card was proposed to
rectify some of these anomalies and provide a simpler, smarter
and streamlined system in order to provide billing and patient
history. Apparently, this was rejected as a result of the Privacy
Considerations. Whilst these concerns toward Privacy and
Confidentiality are unknown, it is thought that cutting edge
technology would be serving a complicated system of Specified
Treatments, Pharmaceuticals, Allied Health Services and
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Specialist Health Services to a member of the forces.
The APPVA noted that under the SRCA or elected MRCA by
not having STEC or Gold Cards that the Australian Medical
Association (AMA) practioners would be more open toward
surgery than if under the VEA scheduling and costs (payments)
for such treatment. In this case, it would appear that there are
distinct benefits toward eligibility under the SRCA; however
the problem remains with the billing and the expectation of the
veteran to pay up-front costs, as most providers are reluctant to
provide billing arrangement with the Department.
1.3
Ensuring fair and
equitable financial,
medical and
rehabilitation support for
injured employees and
their families
Beneficial Approach
The APPVA noted in 2005, COMCARE presented a Permanent
Impairment Guide Edition 2 (PIG 2) to government, Ex-Service
Organisations (ESOs) were not consulted about PIG 2 and
requested that feedback and responses by COMCARE were
made available to ESOs.
The APPVA highlighted that the service of an ADF member
holds special circumstances with the ESO Community and
indeed with the Federal Government. The approach, since
1918, has always been the “Beneficial Approach” for all
current and former members of the ADF. Members of the ADF
train in very hazardous circumstances that are dangerous and
unique to the task of War-fighting.
It is with the Beneficial Approach” in mind that we provided
our initial submission in 2009 to COMCARE, as we believed
that special consideration must be afforded to the members of
the ADF past and currently serving by the Federal Government
and in particular COMCARE.
The APPVA 2009 Submission we reported significant changes
in PIG 1 from 1988, this was stated by Dr Dwight Dowda,
consideration toward modern medical advances have
necessitated in changes to the PIG. The APPVA noted that
ambiguity in the PIG 1 has caused a significant impact to the
Government in compensating veterans in Permanent
Impairment payments (PI).
The APPVA reviewed the changes to PIG 2 which derived
from the American Medical Association (AMA) 5th Edition,
that we believed that the threshold of 10% whole Person
Impairment (WPI) is removed from SRCA, accommodating a
fairer compensation payment system to past and current ADF
members who are able to claim under SRC Act of 1988.
The reason for this is to provide a more fairer compensation to
members of any WPI percentage of the current maximum
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amount, the APPVA noted under PIG 2 members of the ADF
who had a potential claim under SRC Act of 1988 would not
have been able to receive PI of which we submit that this is due
to (in some cases – particularly Musculoskeletal Conditions,
that members of the ADF would be unable to secure adequate
compensation, for the potential job loss.
The APPVA noted that PI would be beneficial to a member of
the ADF, particularly if they are being medically discharged for
the claimed condition(s), in order to prepare for life outside of
the ADF.
The APPVA believe that the PI should be assessed using the
same method under the GARP Chapter 18 (Combined Values
Table) and should be eligible for such payment to the full WPI
that he/she has been assessed, so if he/she scored 25%
Impairment then this would be equal to 25% WPI, which is
beneficial to the veteran to be paid the full 25% of the
maximum amount.
The APPVA looked at those members of the ADF who at the
time of discharge utilised their own sick leave to compensate
for injuries or illnesses incurred because of their service should
be reaccredited there leave benefits and not be disadvantaged
by reducing their 45 weeks of Rehabilitation because of their
injuries or illnesses (as this is seen as double dipping by
government) and disadvantages the ADF member.
1.4
A framework to resolve
disputes quickly, fairly
and at a low cost
In announcing the Review, Mr Shorten indicated that the aim of
the Review is to modernise the Federal Workers Compensation
scheme to ensure that injured employees are given every
opportunity to return to health, independence and work as quick
as possible.
The APPVA contends that no case is identical nor the severity
of the injury, disease or condition the framework required will
depend on this alone.
The APPVA contends that Specified Treatment Entitlement
Card (STEC) be issued for all conditions to members under
SRCA. This is only if the member has satisfied the Seriously
Incapacitated Adjustment (SIA), then a Gold Card should be
issued if embossing of TPI. This provides for the member to
have access to Concessions, consistent for those TPI veterans
under the VEA. This will resolve disputes quickly and fairly.
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1.5
Ensuring the application
of employees’
compensation legislation
does not disadvantage
employees over the age
of 65 and there is no gap
between the employees’
compensation age limit
and the foreshadowed
increase to the age
pension eligibility age to
67 by 2023.
The APPVA contends that Incapacity payments (IP), both
under SRCA and MRCA, should also include the recently
announced retirement date by the government in the 2009
Budget as being aged 67 on 2017, now extended to 2023. This
consideration must be legislated prior to implementation of the
Government’s plan of the extended retirement age for recipient
of IP.
2. The performance of the COMCARE Scheme and ways to improve its operation,
including
2.1
An examination of the
different outcomes
achieved by private and
public sector employers
concerning the recovery
and return to work of
injured employees
Nature of Duty – Unique Service
The APPVA highlighted that the service of an ADF member
holds special circumstances with the ESO Community and
indeed with the Federal Government. The approach, since
1918, has always been the “Beneficial Approach” for all
current and former members of the ADF. Members of the ADF
train in very hazardous circumstances that are dangerous and
unique to the task of War-fighting.
It is with the Beneficial Approach” in mind that we provided
our initial submission in 2009 to COMCARE, as we believed
that special consideration must be afforded to the members of
the ADF past and currently serving by the Federal Government
and in particular COMCARE.
2.2
Improved delivery of
recovery and support
services by COMCARE
Whilst the Transition Management Service (TMS) has been of
assistance to those transitioning from the ADF to Civvie Street
(life outside of the ADF), the concept has merit, however there
are some areas that is felt that requires further development.
For some years the APPVA have thought that the TMS appears
to be a tick and flick approach utilising a list of actions required
for processing discharges. It would appear that whilst there are
8
some areas easily covered and actioned by Defence Discharge
Cell personnel, the knowledge of VEA, SRCA and MRCA
appears to be unable to be fully explained to an ADF member.
In the past cases have seen TMS staff visiting medicated
psychiatric patients for signatures and briefings within the
Psychiatric Ward of a given hospital. It must be emphasised
that TMS Staff must be made aware that these mentally-ill ADF
members are unable to fully comprehend such complicated
procedures and are not fit to sign acknowledgement forms until
they have stabilised.
The APPVA have strongly recommended that the above
practice ceases, with TMS Staff specifically briefed and policy
made to ensure such circumstances does not re-occur. It is
important that the member, along with his/ her partner is able to
comprehend the transition process and procedures when the ill
veteran is at a stage of a degree of stabilisation on the
recommendation of the consulting specialist.
3. The financial framework of the COMCARE Scheme, including
3.3
The financial
sustainability of the
scheme
The APPVA contends that the financial sustainability of the
scheme will depend on the issuing of Specified Treatment
Entitlement Card (STEC) be issued for all conditions to
members under SRCA. This can also be enhanced by the
issuing of a Gold Card should be issued with the embossing of
TPI to those members who meet the criteria under Seriously
Incapacitated Adjustment (SIA). This provides for the member
to have access to Concessions, consistent for those TPI veterans
under the VEA.
Situations have developed, where the former member has
arranged a bill paying method, which is billed directly to DVA
under SRCA and the supplier/ provider has refused to continue
with this arrangement. The reason for this is the inordinate
delay by the Department of Veterans’ Affairs to pay the bill in a
timely manner.
By utilising these cards, payment of pharmaceuticals is used in
place of the member paying upfront for medications. A Smart
Card would have alleviated such problematic areas as we
indicated in our 2009 report if it was accepted by then Federal
Government.
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3.4
A premium framework
that improves and
rewards scheme
performance
The APPVA welcomes the Federal Government’s approval of
the issuing of white cards to those members for specific
conditions under Peacetime Service which is due to roll out in
2013 and would like to see the issue of Gold Cards embossed
TPI for those who are deemed to be Totally and Permanently
Incapacitated due to their Peacetime Service.
Removal of 10% Whole Person Impairment
The APPVA identified significant changes in PIG 2 in
comparison to the 1st Edition (PIG 1) from 1988. This was
stated by Dr Dwight Dowda, consideration toward modern
medical advances have necessitated in changes to the PIG. In
addition, it also noted that ambiguity in PIG 1 has caused a
significant impact to the Government in compensating veterans
in Permanent Impairment Payments (PI).
It is with the consideration of the necessary changes to the PIG
2, derived from the American Medical Association (AMA) 5th
Edition that we believe that the threshold of 10% Whole Person
Impairment (WPI) is removed from the SRCA, accommodating
a fairer compensation payment system.
The reason the APPVA put forward this proposal is to provide
compensation to veterans of any WPI percentage of the current
maximum amount. It was noted that a number of veteran of
veterans would not have been able to receive PI under PIG 2, of
which we submit that this is due to (in some cases – particularly
musculoskeletal conditions) that veterans would be unable to
secure adequate compensation, for the potential of job loss.
The PI would be beneficial to a veteran, particularly if they are
being medically discharged for the claimed condition(s), in
order to prepare for life outside of the ADF. We believe if a
veteran is able to say, gain 13% WPI, then the veteran should
be eligible for such payment to the full WPI that he/she has
been assessed. Therefore 13% of the SRCA maximum amount
for lump sum compensation (PI).
In addition to the above comments we also submit that
combined values (Combined Values Table (CVT), of say a
veteran who gains 8% WPI for Lumbar Spine and 18% for
Thoracic Spine conditions would be equal to 25% WPI, which
is beneficial to the veteran to be paid the full 25% of the
maximum amount.
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3.5
The governance
arrangements for
COMCARE
The APPVA is aware that the SRCA 1988 is articulated with
the introduction of the Military Compensation and
Rehabilitation Scheme (MRCS) 1994. The APPVA highlighted
that the service of an ADF member holds special circumstances
within the ESO Community and indeed with the Federal
Government. The approach since 1918 has always been the
beneficial approach for all current and former Service men and
women. Members of the ADF work and train in very hazardous
circumstances that are dangerous and unique to the task of Warfighting.
It is with the Beneficial Approach in mind that we continue to
remind COMCARE, as we believe special consideration must
be afforded to veterans and serving ADF members by the
Federal Government and indeed COMCARE.
3.6
Ensuring that the
financial framework is
consistent with
contemporary prudential
management practice
The APPVA contends that the Federal Government will try and
implement the COMCARE PIG 2 guide which covers all
Australian Government workers, this cover also provides cover
for employees of small number of private corporations who
self-insure under the Commonwealth Scheme, and employees
of the ACT Government.
The APPVA needs to remind the Federal Government that the
sacrifices made in peacetime service are at times just as much
as those who have deployed overseas and that the beneficial
approach should and foremost be adopted. The review reiterates
that they will not consider any reductions in the existing
benefits afforded to workers covered under the scheme, but will
seek to further improve it to achieve fair and equitable
outcomes for injured workers with a strong focus on
rehabilitation.
The APPVA seeks further consultation by government bodies if
any approach is given to PIG 2 because of the disadvantages
within the PIG 2 guide members who have an entitlement under
the existing legislation.