Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697644445042.pdf (Australia)
Allan Thomas Level 4 Compensation Advocate Far North Coast of NSW Inquiry into Suicide by Veterans and Ex-Service Personnel My name is Allan Thomas, I am a Trained Level 4 Compensation Advocate who compiles primary claims, represents veterans when a decision is unfavourable to them and makes further representation at the Veterans’ Review Board through either the Alternative Disputes Resolution (ADR) process or at a Veterans’ Review Board Hearing and makes representation on behalf of the applicant to the Administrative Appeals Tribunal when required.
As a volunteer practitioner I also provide a mentoring to other advocates working on the Far North Coast of NSW, I work out of a Veterans Advocacy Centre which a community practice that provides services to veterans currently serving and those who have discharged for whatever reason and who chosen to settle on the Far North Coast of NSW.

These services extend to the partners and other dependents.
It is interesting to note that most veterans who enlist into the Australian Defence Force (ADF), join at a relatively young age (teens) wanting to pursue a career and obtain skill sets that would enable them to use throughout their life.

Prior to initially entry these relatively young civilians are subjected to numerous aptitude tests that they wouldn’t be accustom too prior seeking employment in there teen years.
They are told of the advantages of joining the ADF and what they could achieve during time in service and the benefits that are provided to them during their service life.

These civilians during the initial interview stages with the recruitment advisors are told that in order to be accepted into the ADF they must meet the entry standards both mentally and physically prior to being accepted into the ADF.
Once accepted trainees are put through extensive training (rigours of service) and are forced to change their accustomed mindset as a civilian and adopt a service mentality that they would not be accustom too, this is accomplished in the first 3 months of their initial recruit training where they are subjected to extremely demanding activities which require them to push themselves both physically and mentally to adopt a service way of life.
A high percentage of these service members join the ADF prior to developing a gender relationships, not knowing how to manage their finance and a high percentage of service people don’t know how to develop or formulate a savings plan to cater for their needs during their time in service due to the demands of service life.
I strongly believe we are seeing an alarming rate of service people committing suicide because they haven’t been provided with the appropriate copying mechanism in service to deal with situations that may occur (such as injuries sustained during activities, trauma event that they may have witnessed, financial constraints imposed on their personal life as they develop relationships and young family additions during their time in service).
Suicide by veterans and ex-service personnelSubmission 399 In my role as a Compensation Advocate I see a lot of young veterans and families who firstly come to seek at advice because they are suffering from financial constraints, can’t put food on the table, require claims to be processed (processing of claims, Time-Taken-To-Process TTTP) this all adds to the veteran mental instability which increases their height and flight within their own family environment because they haven’t been provided with copying mechanisms in service to deal with these situations.
I believe the claim process can be a contributing factor as seen with some of my clients were a decision has been made some years after the initial primary claim was submitted.

I do believe that the appropriate mechanisms in service is certainly a contributing factor as to why individuals in service are committing suicide.
I have taken interest in the reviews of Military Compensation Arrangement and their failings, for so long the Ex-Service Communities have consulted with various government agencies and parliamentarians about the unique service provided by servicemen/women over the century/ decades whether it be Warlike Service, Non-Warlike Service, Peacekeeping Service or Peacetime Service.
I have always thought that if a serviceman/woman injured themselves or contracted a disease from his/her service approval should be given instantaneously if backed up by an injury report or if a report has been generated by the ADF even though a diagnosis was not present at the time but the information from their medical documents would support that the clinical onset date did occur during their time in service.
I believe the burden of proof has always been with the service person and it has always been up to the DVA to prove that the injury was not service caused.

What we are envisaging now is the DVA seem to be spending alarming amounts of money on MLCOA reports which I believe at best of times discredits their treating GPs opinion which is based on the findings of his treating specialist who has seen him/her on numerous occasions.
In my opinion, and I reiterate it is my opinion, I feel this process adopted by the DVA has only contributed to the suicide rates of veterans because of the mere fact of the Time-Taken-To-Process Claims.
What needs to be conveyed to the Australian Public is that the current government does not seem to value the service provided by current and past members of the ADF to the degree that those who have put their lives on the front line protecting our land have now been branded/ categorised as Welfare recipient.

The emotional and mental instability imposed by the current government has in some way contributed to the suicide rate of veterans.
Just to give you an example the Comcare system for Australian Public Servants the have statutory time frames that claims must be determined, why then are veterans treated differently and in such a manner given the uniqueness of their service to the nation that their claims are not actioned in the same manner as those Public Servants and indexed accordingly.

Under the MRCA 2004 delegates of the MRCC can deny legitimate claims from veterans based on technicalities in the Statement of Principles (SoPs).
An example of this is if a service personnel suffers from Lumbar Spondylosis and because of that injury suffers lower limb problems which has been bought on by the Lumbar Spondylosis it can be rejected by the delegate due to technicalities within the SoPs.
Suicide by veterans and ex-service personnelSubmission 399 The issues of Defence Abuse are more prominent now than in past, it is because people are now seeking help through psychologists who have referred service personnel to psychiatrists who are better equipped to handle the magnitude of people now voicing their abuse that happened in service.
I believe strict measures needed to be embedded in the Privacy Act disallowing government agencies from releasing such information given the mental state a service person would be in.

Rules should be provided within the Explanatory Memorandum to disallow government agencies from releasing personnel information on veterans.

This again could or already may have contributed to the current suicide rate of veterans.
Since the current Secretary to the Minister of Veterans’ Affairs made it public that reforms needed to take place within DVA and that part of their 2020 plan was to put these reforms into place.

I feel that Past Ministers of the Veterans’ Affairs have not taken the concerns of the veterans’ community seriously and therefore has questioned the DVA capability of meeting the veteran’s needs.
I believe what needs to happen to restore the creditability of the DVA with Ex-Service Organisations (ESOs), that an independent auditor needs to come in and review the process adopted by the DVA.

This needs to happen, given the number of enquiries made to the Senate regarding the operations of the DVA.
My main concern as a senior advocate within my community of practice is the complexities within the current MRCA 2004 legislation, this piece of legislation prior to its enactment was to be more beneficial for service personnel who had service on and after 1 July 2004.
All it has done is deny service people the same benefits of someone who has service accepted disabilities under the Veterans’ Entitlement Act of 1986, what we see in MRCA 2004 is offsetting at a higher percentage if someone was to get out with a Class A, B or C pension under the MSBS.

Whereas service people who have an entitlement under the VEA and get out on a MSBS Class A, B or C pension incur no offsetting.
I am a bit concerned that with the new legislation before Parliament at present will deny a lot more benefits to veterans if passed.

The impact of this legislation could in my opinion contribute to further suicides not only in MRCA 2004 legislation but also the VEA 1986 legislation as one of the major components of DRCA is to get rid of the dual eligibility clause for Peacetime Service on and after 7 December 1972 to 6 April 1994.
There has been significant health studies provided that would clearly highlight that the current cohorts would have a higher rate of mental issues due to multiple deployments post 1990, the warning signs have been their but due to neglect and the downsizing of the DVA we find that the individuals that are affected are those that have suffered as a consequence of their service and that are still currently fighting to have these service related conditions accepted without jumping through so many hoops.
My main concern with what is before Parliament, is we need to be asking the questions before it is legislated, why, rest assured as MRCA 2004 has already proved to those under the legislation that it is purely a Rehabilitation legislation and the intent is to keep service people in the workforce regardless of the extent of the injury or disease.
Suicide by veterans and ex-service personnelSubmission 399 In my opinion DRCA serves one purpose and that is to give the powers to the Minister of Veterans’ Affairs, it will take away the Comcare clause Section 72 where it states the Comcare shall be guided by equity, good conscience and the substantial merits of the case, without regard to technicalities.
It would also provide the Minister to make decisions based on the Henry VIII clause in other words: “This would give unfettered power that the Bill confers is encapsulated in the Henry VIII clause mentioned in the Explanatory Memorandum (s121B).

Henry VIII clause delegates legislative power to a person who makes regulations, effectively permitting them to modify the application of a primary statute”.
In my opinion this Bill should be retracted from Parliament and further consultation with the Ex- Service Organisations so we don’t make the same mistake as we did when the MRCA was introduced in 2004.

A feasibility study should be conducted to determine the effects on those that would be affected by the DRCA legislation.
We want to save our veterans I believe that by introducing this piece of legislation without it going through its natural cause will only contribute to further suicides within the ADF for those transitioning out because of offsetting factors that may be associated with the new Act that is currently before Parliament.
My intent was to submit my submission earlier but in light of significant changes and the DVA trying to introduce new legislative Bills into Parliament I feel it was best that I complete my submission closer to the due date.

Regards, Allan Thomas Suicide by veterans and ex-service personnelSubmission 399