Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641127150.pdf (Australia)
BACKGROUND (Brief overview) – PERSONAL SITUATION I am a full-time serving ADF member.

I was injured (without fault, as determined by an ADF Inquiry) during a Defence training activity in early 2011.

As a result of this injury (Heat Injury) I sustained damage to internal organs and was left suffering, life-long, Chronic Pain.

As a direct consequence of these injuries I suffer significant psychological effects.
Due to my pursuance these injuries have, after considerable time in some cases, been accepted by DVA; however to date the compensation matters have not been finalised or agreed (these matters have been on-going in excess of five years).

The initial (MRCA) claim for Heat Injury was submitted (additionally, psychological effects were diagnosed at a later time) in August 2011 (on direct advice from attendance at an ADF course) and this liability was accepted in October 2011.
As my injuries and symptoms did not appear in the GARP-M my claim for compensation was refused (September 2013) without any further tangible assistance or co-operation from DVA (my claim did not “fit in”, so was refused).

DVA offered no support or assistance in this matter, this was to trigger/add to the psychological effects.

I had no alternative, other than to give up, but to go to a VRB (applied in October/November 2013 and the hearing was in April 2015).
This was a lengthy, stressful and anxious experience.

The process required much work by myself, the engagement of an advocate (totally independent to DVA), lots of fact finding and, eventually, a VRB.

The VRB were, thankfully, fair and equitable (and actually listened to presented facts), as such the VRB were found to be in agreement with my claim (findings released in May 2015).
The initial psychological effects claim was submitted in August 2014 (on advice from an advocate, following diagnosis and treatment) and this was rejected October 2014, this decision was challenged (for errors and omissions) in November 2014.

Following a review this rejection determination was revoked and the claim for liability was then accepted in May 2015.
Throughout the last five years, in addition to the above facts, there are also the following aspects to be considered:  As a result of accepted injuries I have been medically downgraded (and my service has been affected).

 As a result of my accepted injuries I have had to undergo seven hospital procedures (operations) to date.

Which has lead to long periods of convalescence, recovery, personal expense and inconvenience to both me and my family.
Suicide by veterans and ex-service personnelSubmission 251 2  The whole process has been massively stressful.

I even suffered a TIA in late 2013 as, I believe, a direct result of the sustained and significant stress, worry, frustration and anger (the treating specialists never disputed this view).

Significantly it should be noted that such factors do not only affect the individual but also the family, friends and work colleagues too.
This point (significant psychological effects) is central to this Inquiry as it is this that impacts directly (and, at times, more than the original injury) on the individual, their family and colleagues.

Without intervention, support, treatment and counselling this will, in some cases, lead to the act of suicide or suicidal thoughts.

Note: I make this point as a member who has now undertaken formal “Mental Health Training” and “Suicide Prevention Training”.
DVA’s (perceived/actual) lack of support and active assistance, in an acceptable, professional and timely manner is central and critical in avoiding such instances (before they can manifest or occur).

 The anger and frustration has spilled in to both my personal and work life and as a result has had significant negative effects (significant psychological effects).

This has significantly affected my family members, friends and work colleagues too.
This point (significant psychological effects) is central to this Inquiry as it is this that impacts directly (and, at times, more than the original injury) on the individual, their family and colleagues.

Without intervention, support, treatment and counselling this will, in some cases, lead to the act of suicide or suicidal thoughts.

Note: I make this point as a member who has now undertaken formal “Mental Health Training” and “Suicide Prevention Training”.
DVA’s (perceived/actual) lack of support and active assistance, in an acceptable, professional and timely manner is central and critical in avoiding such instances (before they can manifest or occur).

I and, more latterly, my advocate have expended a significant amount of time and effort provisioning DVA with all of the advice and information that they required (doing their job and “spoon-feeding” them if I am 100% honest).
It has been common to have to re-submit such information and evidence on numerous occasions due to loss or non-inclusion.

  The numerous Specialist Medicals, assessments and follow ups; the Imaging and medical tests; the provision of supporting evidence/professional evidence; the inherent delays associated with these occurrences (through lack of urgency and co-ordination on DVA’s part) and the associated costs.
 The length of time taken to address claims and compensation is not acceptable and in accepting this (as ‘we’ currently are) ‘we’ are failing ADF members.

Suicide by veterans and ex-service personnelSubmission 251 3 TERMS OF REFERENCE – PERSONAL COMMENT AND VIEWS the reasons why Australian veterans are committing suicide at such high rates  This is not limited to Veterans……..serving ADF members also.
 They are absolutely not receiving effective and timely DVA support commensurate to their needs, this leads to potential for conditions to worsen or psychological conditions to manifest (when they could, and should, be avoided).

 Members in real need are experiencing significant delays and lengthy, drawn out procedures that can, and should, be avoided in the provision of an acceptable and measurable Duty Of Care to ADF members and Veterans.
 Unless you have, personally, gone through a DVA claim procedure and experienced, first hand, such lack of cooperation, understanding and support you would not appreciate the feelings of isolation, lack of support, hopelessness, tiredness and lack of motivation to pursue nothing more than a fair and equitable outcome.

I know that members do, and have, given up on legitimate claims (at their and their families, detriment).
previous reviews of military compensation arrangements and their failings,  The MRCA and GARP-M (or equivalents) require urgent review, update and inherent flexibility.

DVA must be given licence to apply these fairly, with professionalism and with the necessary (lawful) flexibility in order to address each and every member’s needs and individual circumstances.
 Strict and minimal time limits must be applied for all DVA actions to safeguard the member, meet Duty Of Care obligations and provide and effective timely service commensurate to the sacrifices members have undergone.

 DVA must be accountable for their actions and there must be a “quick” independent arbitration system should there be any reasonably proven issues that can easily be addressed (by DVA on behalf of the member).
 The claim system needs urgent review and overhaul; an electronic submission, filing and recording system must be utilised for the timely, effective, open (within reason), fair and auditable processing of claims.

 DVA must be effectively and appropriately resourced and funded.

 DVA training and support must be standardised and measured (independently).
 A mechanism must be included where unique, such as my own, injuries and situations are able to be fairly addressed where provision is not made in the MRCA or GARP-M (or equivalent).
Suicide by veterans and ex-service personnelSubmission 251 4 the Repatriation Medical Authority’s Statements of Principles, claims administration time limits, claims for detriment caused by defective administration, authorised medical treatment, level of compensation payments, including defence abuse, as contained in all military compensation arrangements,  These, generally, require urgent review, update and inherent flexibility.
 Time limits (onset of conditions) should not be applied where formal evidence or professional advice is available to support a member’s claim.

Apply decent, common sense.


 Compensation payments are woefully (I would, personally, say insultingly) out of date and out of touch with a fair and commensurate payment in relation to injuries, conditions, effects and related matters for members unlucky enough to become ill or injured during service, especially where ADF have admitted liability (accidents, negligence, war-like etc).
In my own case if I was to live for a further 30 years my offer would equate to approximately $2,000 per year where I am currently in (untreatable) pain and suffering and undergo two Operations (and lengthy recovery and rehabilitation) per year, not to mention the financial implications to myself and family.

This is a real worry for my future well being.

 Compensation has to be index linked (RPI/CPI) and reviewed annually.
to investigate the progress of reforms within DVA,  Appoint a Minister for DVA until the backlog is cleared, all members are treated and processed, Acts are reviewed and updated and the ADF, and Commonwealth, can look back and say “we did the fair and right thing by our ADF members, Veterans and the affected families”, as far as DVA are concerned.

 Add a DVA “Charter” to Terms of Service for all past and present ADF members.
  Consider private insurance schemes (subsidised or otherwise) in order to replace DVA, and the need for ADF compensation (financial or otherwise).

If the commonwealth are not prepared to improve, enhance or provide a Duty Of Care then the Commonwealth should not have a right to prevent or restrict the pursuance of direct legal action (against the Commonwealth).
Noting that the current limit of $110,000 per condition for members suing the Commonwealth is also woefully out of date, especially where members have no tenable or fair option other than to sue the Commonwealth (due to issues with the current DVA procedures and relative Acts and legislation).
the administration of claims by DVA and the legislative or other constraints on effective rehabilitation and compensation for veterans, and  Set time limits, KPI’s and benchmarks for the administration of all claims in a timely and effective manner.

 Review, amend and update legislation.

 Review, amend and update rehabilitation and compensation.

any other related matters.


 I am proud to serve and expect nothing in return, except for, that is, fair treatment and an enduring and effective Duty Of Care.

 Prosecute members who make false and misleading claims; they do nothing for members with genuine cases.

Suicide by veterans and ex-service personnelSubmission 251