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Dateline - May 14, 2010
Government delivers response to Clark Review of Veterans' Entitlements

The Australian Government has delivered on its election commitment to further consider the recommendations of the 2003 Clarke Review of Veterans’ Entitlements that were not acted upon by the previous Government. In the recent Federal Budget, the Government announced a $36 million response to the Clarke Review which resulted in thousands more Australians gaining access to benefits they otherwise would not have received.

Mr Griffin said 45 recommendations were revisited and carefully examined. Three have been accepted and already acted upon, four have been accepted, four deferred for further consideration, 22 referred to the review of Military Compensation Arrangements and 12 recommendations rejected.

Major recommendations accepted or exceeded

  • The Government has accepted the Clarke recommendation that participation by Australian Defence Force personnel in the British atomic tests be declared non-warlike hazardous and the Veterans’ Entitlements Act (VEA) will be amended to give effect to the recommendation (Funding: $24.2m).

  • Certain submarine special operations service between 1978 and 1992 will be reclassified as operational service and qualifying service, meaning veterans have improved access to benefits. This exceeds Clarke’s recommendation that this service be deemed non-warlike hazardous (Funding: $11.1m).

Other recommendations accepted and/or already acted on

  • Changes to the domicile rules for British Commonwealth and Allied (BCAL) veterans. This fixes as an administrative anomaly which prevented some BCAL veterans from being considered as Australian veterans under the Veterans’ Entitlement Act.

  • Changes to the eligibility to claim for War Widow/ers pension to ensure equal treatment of those who enter de facto relationships with those who marry/remarry.

  • Government response to the needs of carers.

  • Addressing affordable housing and access to tertiary scholarships.

  • Improved bereavement payments made to widows of veterans.

Issues for further review within Government

  • Classification of service by British Commonwealth Occupation Forces in Japan.

  • Clearance of enemy wartime ordnance in Papua New Guinea and the Pacific Islands.

  • Service related to improvised explosive device disposal.

Issues referred to the review of Military Compensation Arrangements

Twenty-two recommendations relate to a proposed restructure of the disability pension and rehabilitation system. This restructure was generally opposed by the ex-service community at the time the Clarke Review was originally considered. Very few submissions were received relating to these recommendations.

These recommendations have been referred for consideration as part of the current review of Military Compensation Arrangements. However, given the concerns held regarding the adoption of Clarke’s overall approach, it is unlikely that such a wholesale change would be supported as part of that review.

Recommendations not accepted

Following extensive analysis the Government has not accepted 12 of the original Clarke recommendations. These are:

  • Proposed changes to the ‘incurred danger’ test for certain veterans’ entitlements: the Government cannot accept changes to such a fundamental standard.

  • Extension of qualifying service benefits to certain British Commonwealth and Allied veterans.

  • Extension of the definition of operational service.

  • Means testing of access to the DVA Gold Card in certain circumstances: the Government considers the Gold Card should not be means tested as it is provided in recognition of a person being placed in danger from an enemy.

  • Allowing War Widows living overseas to claim income support supplement: this is not supported as the Government believes it would create an anomaly in the social security system between the Social Security Act and the VEA.

“We looked extremely carefully at all the revisited recommendations and I stand behind our responses. What we have done is to provide access to benefits in a targeted and responsible manner,” Mr Griffin said.

A full response to each of the 45 recommendations is at Attachment A.