The following table lists the recommendations of the
2003 Clarke Review of the Veterans’ Entitlements
that were not accepted or acted upon by the previous
Government (left hand side column) and the response
of the current Government to the revisitation of those
recommendations (right hand column).
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Clarke Recommendations not accepted
or acted upon by previous Government
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Government Response of May 2010
to Revisitation
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1B. That the ‘incurred danger’ element
of the test has been interpreted too narrowly,
in that it does not take sufficient account of
a credible risk of harm.
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Rejected. The repatriation
system is based on levels of risk, with the highest
being an objective incurred danger test based on
actual and real risk of danger faced from hostile
forces. As such it is not appropriate to accept
this recommendation. |
2, 5 & 67B. The Veterans’ Entitlements
Act 1986 (VEA) be amended to deem the following
service during World War II as qualifying service
during the period of hostilities:
· Northern Australia
North of latitude 14.5 degrees south and islands
and waters contiguous to this area, including
the Torres Strait Islands, for any period between
7 December 1941 and 7 September 1944 inclusive.
· Outside Australia
-any area other than the West Pacific area —
3 September 1939 to 5 May 1945;
-West Pacific area (except Papua and New Guinea
and New Britain before 7 December 1941) —
3 September 1939 to 15 August 1945 — bounded
by:
-in the west, longitude 90 degrees east;
-in the east, longitude 165 degrees east;
-in the south, latitude 10 degrees south, including
Papua and New Guinea; and
-in the north, by and including the eastern regions
of the Asian continent;
-Papua and New Guinea, including New Britain —
7 December 1941 to 15 August 1945; and
-in an aircraft engaged in operations against
hostile forces or in patrols or reconnaissance
over land occupied by hostile forces of the enemy
in one of the areas above at the times prescribed
above.
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Rejected. This service did not involve direct
danger from the hostile forces of the enemy. As
such, it is inappropriate to reclassify this service
where the ‘incurred danger’ test has
not been met. Qualifying service continues to
apply for service in the Northern Territory between
19 February 1942 and 12 November 1943 (the dates
of the first and last air attacks), or on a single
day during a bombing raid. For those areas outside
Australia, the Repatriation Commission policy
already deems service in these areas as qualifying
service and this policy continues to apply.
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7. Operational service
should also include service immediately before or
after that period of service, as currently applies
under s.6A of the VEA for veterans with service
outside Australia and s.6B of the VEA for Australian
mariners with service outside Australia.
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Rejected. The Government
does not agree that operational service should be
extended in this way.
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15. Operational and qualifying
service be extended for service on or after 16 September
1963 to and including 16 August 1964 for all defence
personnel on the posted strength of units located
in the operational area of Malaysia.
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Rejected. The only hostilities
faced by Australians from the Indonesia forces before
17 August 1964 were in Borneo, where service is
already covered under the Veterans’ Entitlements
Act 1986 (VEA). |
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31. Service on submarines during special operations
be deemed non-warlike hazardous for the purposes
of the VEA.
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Accepted. Based on advice
from the Department of Defence, for certain submarine
special operations between 1978 and 1992 where submariners
and others are eligible for the award of the Australian
Service Medal with the Submarine Special Operations
Clasp, the Government will seek to amend the VEA
to extend operational and qualifying service. This
goes further than the Clarke Review, and grants
Service Pension at age 60, Gold Card at age 70 and
disability pension with the reasonable hypothesis
standard of proof. |
34. The Department of
Defence reviews the activities of defence service
personnel who located, cleared and disposed of enemy
wartime ordnance in PNG and the Pacific Islands,
with a view to making a determination on such activities
as non-warlike hazardous service.
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Deferred. The Government
notes that the Department of Defence is scheduled
to review this service and will await the outcome
of that review.
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35. Service by ADF improvised
explosive device disposal (IEDD) personnel in IEDD
incidents be deemed non-warlike hazardous service
under the VEA.
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Deferred. The Government
notes that the Department of Defence is scheduled
to review this service and will await the outcome
of that review. |
43. Service with BCOF
be declared warlike from 21 February 1946 to 30
June 1947.
68B. Should the Government accept recommendation
43, BCOF veterans prior to 1 July 1947 should be
entitled to the Gold Card.
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Deferred. The Government
proposes to defer its response to these recommendations
to allow further examination and discussion within
the Government and with the Defence Nature of Service
review team. |
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45. Participation by Australian Defence Force
personnel in the British atomic tests be declared
non-warlike hazardous and the legislation be amended
to ensure that this declaration can have effect
in extending VEA coverage.
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Accepted. The Government
proposes to accept Clarke’s recommendation
to provide former defence force personnel in the
British nuclear tests (BNT) with access to the VEA
for compensation benefits. This will provide access
to disability pension and health care benefits for
conditions accepted as caused by their BNT service
under the more generous standard of proof. Widow/ers
of BNT defence force personnel will become eligible
for war widow/ers pension and Gold Card for death
accepted as related to BNT service. |
54. The VEA be amended
so that those war widows who enter into a marriage-like
relationship after a veteran’s death will be
treated, in regard to the right to claim war widow’s
pension, in the same way as those who marry or remarry
after the veteran’s death.
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Accepted. The Government
will seek to amend the VEA to reflect this change.
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60. The VEA be amended
to enable a BCAL veteran to be able to establish
a domicile of choice in Australia before the age
of 21 years, with all other common law tests used
in determining domicile continuing to apply.
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Accepted. The VEA is
to be amended to allow those to establish a domicile
of choice in Australia between the ages of 18 and
21, so long as all other common law tests used in
determining domicile are met. |
61. The VEA be amended
to allow British and other Commonwealth veterans
whose only service was within their country of enlistment
to be considered as having qualifying service if
they meet the same requirements that apply for service
outside the country of enlistment.
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Rejected. The Government
does not feel it is appropriate to accept this measure
as it would extend benefits to BCAL veterans that
are not available to some Australian veterans with
similar service. |
63. The VEA should be
amended to allow British and other Commonwealth
veterans who served in the operational area of Malaya
and or Singapore between 1 September 1957 and 31
July 1960 to be regarded as having rendered qualifying
service if their service was the same as that of
veterans of the Australian armed services in that
operational area during that period.
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Rejected. The Government
continues its position that it is appropriate for
BCAL veterans to meet the ‘incurred danger’
test. As such, this recommendation is not accepted.
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64. The VEA be amended
to remove the campaign medal requirement for BCAL
mariners, with qualifying service being only subject
to whether the mariner was detained by the enemy
or incurred danger from hostile forces of the enemy
during the period of hostilities in World War II.
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Rejected. The Government
does not feel it is appropriate to accept this measure
as it would extend benefits to BCAL veterans that
are not available to some Australian veterans with
similar service. |
65. If the government
accepts the Committee’s recommendation to accord
warlike and qualifying service to veterans of the
Australian armed services serving in Japan with
BCOF between 21 February 1946 and 30 June 1947,
British and other Commonwealth veterans serving
with BCOF in Japan during that period and United
States veterans performing a similar peace enforcement
role, also be regarded as having rendered qualifying
service.
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Rejected. Although the
Government is continuing to consider its response
to recommendations 43 and 68B, it does not support
the extension of qualifying service to British Commonwealth
and Allied veterans who served in Japan at the same
time as the BCOF.
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70. The VEA be amended
so that there will be no further grants of the Gold
Card to post-World War II veterans of the Australian
armed services at age 70 on the basis of their having
rendered qualifying service, unless the veteran
satisfies some measure of financial need.
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Rejected. The Gold Card
should not be means tested, as it is provided in
recognition of a person being placed in danger from
an enemy.
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72. The VEA should be
amended to enable assistance with private health
insurance to be provided for the dependent children
of veterans entitled to the special rate disability
pension who transfer to the proposed new disability
pension structure outlined in Chapter 30, or entitled
to the extreme disablement adjustment, through the
provision of a tax-free health care allowance, indexed
to the Consumer Price Index, if the family takes
out private health insurance.
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Accepted and acted upon.
A Parliamentary Inquiry examined the needs of carers
across Australia as part of a broader review, resulting
in the Who Cares…? Report, which the Government
responded to on 29 October 2009, and most of the
recommendations were agreed in full or part. In
implementing one of those recommendations, the war
widow/ers pensions and income support payments were
increased as part of the Harmer Review in September
2009. Pensions and benefits for war widow/ers and
for severely disabled adult children have increased
significantly since the Clarke review. The Government’s
proposed National Disability Strategy will also
address the issue of support for the disabled and
their carers in the community more broadly. |
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73. The Government should examine the needs of
war widows and others caring for severely disabled
adult orphans of veterans and the adequacy of
existing support systems to meet those needs.
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Accepted and acted upon.
A Parliamentary Inquiry examined the needs of carers
across Australia as part of a broader review, resulting
in the Who Cares…? Report, which the Government
responded to on 29 October 2009, and most of the
recommendations were agreed in full or part. In
implementing one of those recommendations, the war
widow/ers pensions and income support payments were
increased as part of the Harmer Review in September
2009. Pensions and benefits for war widow/ers and
for severely disabled adult children have increased
significantly since the Clarke review. The Government’s
proposed National Disability Strategy will also
address the issue of support for the disabled and
their carers in the community more broadly. |
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76. The Government accept that the principles
of disability compensation on which the Committee’s
proposed disability compensation structure is
based are sound and appropriate for Australia’s
disabled veterans.
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Referred to the Review
of Military Compensation Arrangements. The Government
is committed to reviewing the Military Rehabilitation
and Compensation Act 2004 (MRCA). This recommendation
falls within the scope of that review to consider
in the context of the development of MRCA, and has
been referred for further consideration. |
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77. Following this acceptance, the Government
adopt and implement the proposed structure as
soon as practicable, given its beneficial nature
for veterans and their families.
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Referred to the Review
of Military Compensation Arrangements. The Government
is committed to reviewing the MRCA. This recommendation
falls within the scope of that review to consider
in the context of the development of MRCA, and has
been referred for further consideration. |
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78. The Government adopt the proposed transitional
arrangements.
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Referred to the Review
of Military Compensation Arrangements. The Government
is committed to reviewing the MRCA. This recommendation
falls within the scope of that review to consider
in the context of the development of MRCA, and has
been referred for further consideration. |
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79. As enhancements to the new structure, the
Government consider how additional assistance
can be provided to veterans who experience difficulties
in maintaining housing equity and to children
of veterans who wish to undertake tertiary education.
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Accepted and acted upon.
This recommendation was based on younger Special
Rate veterans and formed part of Clarke’s proposed
Disability Pension restructure which this Government
rejects. This recommendation has been largely superseded
by recent events. In relation to housing assistance,
individual circumstances that come to the notice
of the Department are addressed through existing
housing support services in the community. Increased
access to Defence Housing initiatives have lessened
the burden on serving and ex-serving members. The
MRCA also allows for a choice of lump sum of permanent
impairment payments and income replacement in the
form of incapacity payments, which can provide suitable
assistance. More broadly, this Government has been
addressing housing affordability and efficiency
of the housing market. It has committed over $19
billion since being elected to Government through
a wide range of measures, many of which will assist
veterans with their housing needs.
In relation to assistance for veterans with children
undertaking tertiary education, the Government’s
recent introduction of scholarships to aid eligible
children under both the Veterans’ Children’s
Education Scheme and MRCA Education and Training
Scheme in the form of Start-Up Scholarships and
Relocation Scholarships will go some way towards
addressing the concerns raised with the Clarke Review
. |
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82. An extended bereavement payment be made available
to the widow of a veteran in receipt of special
rate disability pension at the time of the veteran’s
death payable, subject to the veteran and partner
having satisfied the means test for payment of
income support payments immediately before the
veteran’s death had income support pensions
been payable.
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Accepted and acted upon.
Changes in 2005, subsequent to the Clarke review,
whereby widows now receive the bereavement payment
equivalent to the veteran’s actual rate of
pension rather than capped at 100% of General Rate,
has effectively superseded this recommendation.
The bereavement payments made available now are
equivalent to or exceed what would have been payable
under the Clarke’s proposal, and do not have
the additional qualification of Clarke’s recommendation
that a veteran and partner had to receive income
support payments before the veterans’ death. |
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84. War widows living overseas be able to claim
the income support supplement.
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Rejected. This would
create an anomaly in the social security system
in that no Australian living overseas is eligible
to lodge a claim for income support payments. This
Government policy is consistent across the Social
Security Act and the VEA. To enable one group to
claim an income support pension while resident overseas
would create a precedent across both Acts for larger
groups under both Acts. |
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88. All veterans in receipt of EDA now and in
the future have access to a Goods and Services
Tax (GST) rebate on motor vehicles and parts.
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Referred to the Review
of Military Compensation Arrangements. As this recommendation
was part of Clarke’s proposed Disability Pension
rate structure, this has been referred to the Review
of Military Compensation Arrangements to consider
in the context of the development of the MRCA.. |
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89. EDA veterans receive a private health insurance
subsidy if they have dependent children and choose
to take out private health insurance.
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Referred to the Review
of Military Compensation Arrangements. As this recommendation
was part of Clarke’s proposed Disability Pension
rate structure, this has been referred to the Review
of Military Compensation Arrangements to consider
in the context of the development of the MRCA.. |
90. A veteran who is
aged under 65 years at the date of introduction
of the new structure and who, after reaching that
age, is assessed under the Guide to the Assessment
of Rates of Veterans’ Pensions as having 70
disability points and a lifestyle rating of six,
not be granted EDA but instead receive a benefit
package including:
· disability pension at 100 per cent of the
general rate;
· access to a GST rebate on motor vehicles
and parts (See also recommendation 88);
· a fortnightly means tested home care allowance
of $150 while living in his own home;
· a private health insurance subsidy if he
has dependent children and chooses to take out private
health insurance (See also recommendation 89); and
· the Gold Card (for all conditions).
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Referred to the Review of Military Compensation
Arrangements. As this recommendation was part
of Clarke’s proposed Disability Pension rate
structure, this has been referred to the Review
of Military Compensation Arrangements to consider
in the context of the development of the MRCA..
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92. The Government require
of the veteran with a dual entitlement under the
VEA and the Safety, Rehabilitation and Compensation
Act 1988 (SRCA) a one-time election, which would
restrict the veteran to receiving benefits under
either the VEA or the SRCA, at that time or in the
future if he has not already made a claim under
either Act.
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Referred to the Review
of Military Compensation Arrangements. The Government
is committed to reviewing the MRCA. This recommendation
falls within the scope of that review to consider
in the context of the development of MRCA, and has
been referred for further consideration. |
93. The major principles
of repatriation rehabilitation should be:
· Veterans’ participation in rehabilitation
assessments and, where appropriate, rehabilitation
programs, is an integral, obligatory part of the
disability compensation provided under the repatriation
system.
· DVA has a responsibility to provide suitable
and comprehensive rehabilitation to veterans for
their service-caused disabilities.
· The aim of rehabilitation is to restore
veterans to their optimal level of function commensurate
with their service-related disabilities to provide
them with better quality of life, maximised vocational
outcomes and reduced dependency on financial disability
compensation. |
Referred to the Review of Military Compensation
Arrangements. The Government is committed to reviewing
the MRCA. This recommendation falls within the
scope of that review to consider in the context
of the development of the MRCA, and has been referred
for further consideration.
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94 – 106. These recommendations provided
for the introduction of a rehabilitation program
under the Veterans’ Entitlements Act 1986.
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Referred to the Review
of Military Compensation Arrangements. The Government
is committed to reviewing the Military Rehabilitation
and Compensation Act 2004. These recommendations
have been superseded by the introduction of the
Military, Rehabilitation and Compensation Act 2004
which has broad and comprehensive rehabilitation
provisions. However, as these recommendations fall
within the scope of that review they have been referred
for further consideration in the context of the
development of MRCA. |