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The Minister for Veterans Affairs, Alan Griffin, today
announced the parliamentary inquiry into the RAAFs F-111
Deseal/Reseal maintenance program has begun, and released its
terms of reference.
The inquiry will
examine:
the adequacy
of eligibility periods, ex-gratia payments and the health benefits
provided to date; and
the decision making process relating to ex gratia payments
and compensation claims.
The F-111 Deseal/Reseal
program exposed around 700 RAAF personnel and civilians to a
range of chemicals and solvents when replacing sealant in the
aircrafts fuel tank. The inquiry is a response to the
public concerns of the F-111 Deseal/Reseal Support group.
The inquiry delivers
on an election promise to the former workers and their families
experiencing health issues as a result of their employment.
It will be conducted
by the Defence Sub-Committee of the Joint Standing Committee
on Foreign Affairs, Defence and Trade. The Committee will hold
its first public hearing on 21 July and is scheduled to deliver
its report on 23 October 2008.
The Parliamentary
Inquiry, chaired by Arch Bevis, will have the power to examine
all aspects of the previous governments response to the
Study of Health Outcomes in Aircraft Maintenance Personnel (SHOAMP).
The Rudd
Labor Government has listened to the concerns of the F-111 Deseal/Reseal
Support Group and believes that workers and their families deserve
the opportunity to be heard through a Parliamentary Committees
Inquiry into the previous governments handling of this
matter.
The committee
will consider:
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if
the range of health benefits and eligibility periods under the
health care scheme were adequate compared to other schemes;
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if
the ex gratia payments offered were adequate, given the findings
of the SHOAMP study;
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how
the payments related to benefits under the Health Care Scheme;
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if
they were consistent with one-off payments to other veteran
groups
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the
appropriateness, timeliness and transparency of the overall
handling and administration of ex gratia payments; and
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compensation
claims from participants and their families.
If the Committee
determines that any of these aspects were inadequate, it will
recommend what alternatives should be considered to provide
an adequate response to former Deseal/Reseal workers and their
families.
The Government
will continue to meet the health and support needs of Deseal/Reseal
workers and their families while the Committee examines these
issues.
The Terms
of Reference are attached. Submissions are now being called
for and should be made to the Defence Sub-Committee Secretariat
Parliament House Canberra ACT 2602 or emailed to jscfadt@aph.gov.au.
Further inquiries ph 02 6277 4466. Submissions close on 26 June
2008.
Terms
of Reference for Parliamentary Inquiry into claims for compensation
from former F-111 Deseal/Reseal workers and Government responses
The committee
will investigate and review claims for compensation from former
F-111 deseal/reseal workers including the Commonwealths
response to the health and support needs of former F-111 Deseal/Reseal
workers and their families. The Committee should ascertain whether
the response was adequate, whether it was consistent with the
findings of the Study of Health Outcomes in Aircraft Maintenance
Personnel (SHOAMP) and whether the overall administration and
handling of the program was adequate.
Terms
of Reference
The Inquiry
will consider the adequacy and equity of the Health Care Scheme
in meeting the health and support needs of participants and
their families and whether this was consistent with the SHOAMP
findings. Matters to be considered will include, but not be
limited to:
The differences,
and transitional arrangements, between the interim health scheme
and the final Health Care Scheme;
The timing of cessation of access to the Health Care Scheme;
The range of treatment and health benefits provided under the
Health Care Scheme;
Whether the current Health Care Scheme is consistent with the
range of treatment and health benefits available to persons
under other Health Care Schemes;
The adequacy of arrangements under the Health Care Scheme affected
family members (including widows) or serving members; and
If the Health Care Scheme is not considered to be an adequate
response to the health and support needs of participants and
their families, consider and report on possible alternatives
that are considered to be adequate in light of the findings
of SHOAMP and other Health Care Schemes.
The Inquiry
will consider the adequacy and equity of the financial element
of the Ex Gratia Scheme and whether it was consistent with (i)
the findings of SHOAMP, (ii) the Health Care Scheme response
(iii) the Tier definitions, and (iv) one off payments to other
veteran groups. The Inquiry will consider, but not be limited
to:
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Whether the lump sums available under the ex gratia scheme
were appropriate;
> Whether the lump sums available were appropriate
given the findings of the SHOAMP;
> Whether the lump sums, when considered along with
the benefits available under the Health Care Scheme, were appropriate;
> Whether the lump sums available under the ex gratia
scheme were appropriate, when considered along with the full
range of benefits and compensation available under other Commonwealth
or State statutory schemes;
> Whether the lump sums were consistent with the definitions
of Tiers of participants;
> Whether the lump sums were consistent with other
one-off payments made to veteran groups;
> When assessing the question of adequate remedies
whether regard should be given to the establishment of a dedicated
administrative assessment and settlement scheme, and
> If the lump sums available under the ex-gratia scheme
are not considered to be financially adequate, discuss what
compensatory payment would be appropriate in light of the SHOAMP
findings, other one-off payments made to veteran groups, and
the full range of benefits and compensation available under
other Commonwealth and State statutory schemes or common law
damages available under Australian law
The Inquiry
will consider whether the overall handling and administration
of ex gratia and compensation claims was appropriate, timely
and transparent for both participants and their families. The
Inquiry will consider whether, but not be limited to:
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Cross agency cooperation was effective;
> The documentation and records held by both Agencies
as they relate to Deseal/Reseal activities was adequate;
> The standard of evidence required to substantiate
a claim was reasonable and, if not, whether alternative standards
of proof may be used when making an eligibility determination;
> There has been equitable treatment of service personnel,
public servants, civilian employees and contractors involved
in Deseal/Reseal activities;
> Staffing resources were adequate to produce a timely
result;
> There were unreasonable delays in the process, taking
into account the complex nature of issues; and
> The overall handling and administration of ex gratia
and compensation claims was appropriate and timely.
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