DFWA Media Statement – Faceless Bureaucrats Change the Law to Beat Wounded Veterans in Court

Veterans medically discharged, including all those with mental health wounds and at risk of self-harm, can receive an Invalidity Benefit from their superannuation scheme.

The Australian Tax Office (ATO) taxes these variable payments as ordinary income rather than at the lower rates that can be applied to superannuation fund disability benefits.

Since 2015, Veterans have been trying to get the ATO to justify their position and advise what law they are using to treat their invalidity payments this way. The ATO has used every dodgy practice in the book to avoid answering the question.

In 2018, Veterans had the Administrative Appeals Tribunal consider this matter. On 1 June, the ATO’s case developed a “fatal flaw” so they requested an adjournment to “consult” with their bureaucratic masters. Although Justice Logan agreed to the adjournment, he expressed concern that the ATO might try to change the law to fix their case before the Hearing resumed.

On 7 December, two days before the Hearing resumed, changes to the law, backdated to 2007, were made to fix the shoddy ATO argument. In other words, the rules and the goalposts were changed at half-time by the faceless bureaucrats. But this is not a game! The men and women of the ADF are trained to obey the rules, even if it means they might die.

Politicians should not let faceless bureaucrats change the law to beat wounded veterans in court and no Australian should be at risk of having the law changed and backdated in the middle of their court case.

This should not happen to any citizen. Veterans have fought for democracy and the rule of law and call on all Australians to join the fight against this blatant injustice! There will be limited time after the election for the Senate or the House of Representatives to pass a Disallowance Motion negating the retrospective changes affecting the case being heard.

Read more on this matter, including what you can do, on the DFWA website here  or contact the DFWA spokesperson John on 02 5104 3106 or [email protected] .

7th May 2019

BERT’S BLOG – Support for Our Veterans and their Families

OPEN LETTER TO PRIME MINISTER, LEADER OF THE OPPOSITION, MINISTER VETERANS’ AFFAIRS  AND OPPOSITION SHADOW FOR VETERANS AFFAIRS

Recently, the Government put out a Joint Media Release about Support for Our Veterans and their Families.

Its final paragraphs, describing ‘an extensive record support for veterans’, are decidedly underwhelming. For example, delivering support for 280,000 veterans is nothing more than what is required under existing legislation; and improved processes and claim procedures in DVA are self evidently needed. Any Government that did not do these things would be derelict in its duty.

The statement it made that the Coalition is “delivering [its] $1.4 billion in fairer indexation for military superannuants”, if not deliberately misleading, certainly avoids telling the entire truth about what is happening with military superannuation. Assertions like these conceal the real situation, and it is disingenuous to make it appear to be otherwise.

The Release made no mention of any intention to deliver:

• a plan to restore a proper level of TPI/SR economic loss compensation payments. [It is reprehensible that this particular issue was not dealt with long ago.];

• fair indexation for MSBS superannuants also, [the now infamous ‘Ronaldson second step’ never taken!!];

• fair indexation for under 55 year old DFRDB superannuants, let alone anyone on MSBS;

• proper indexation for preserved funds in Commonwealth hands; or

• restitution for any substandard super indexation, dating at least back to 1990 for MSBS and 1990 – 2014 for DFRDB.

All of these long standing issues have a direct, incontrovertible and deleterious effect on veterans’ cost of living. They all deserve a very high priority, well before any consideration of expenditure on memorials is placed on the agenda.

And yet, neither the Coalition, nor Labor, make any undertaking in their election promises to settle these matter once and for all.

Is this really the ‘Fair Go’ that our veterans, like all Australians, deserve?

Does it really reflect how we ‘honour the service and sacrifice of our service personnel’?

BertHoebee 1

Bert Hoebee
Military Veteran (9 RAR Vietnam)

ADSO Media Release – ADSO Policy Objectives 2019-2022

The Alliance of Defence Service Organisation (ADSO) welcomes the opportunity to announce its core Policy Objectives as a timely reminder to those seeking election to the 46th Parliament of Australia.

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A significant portion of the veterans’ community, speaking largely with a single voice, continues to seek redress of a series of key issues, many of which have been outstanding for too long.
Some issues have been the subject of unfulfilled promises, not the least of which includes providing Australia’s most disabled Veterans and their families with an adequate standard of living.

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In commenting on the Objectives and encouraging all sides of politics to find legislative ways to redress each issue in turn, ADSO’s National Spokesman, Kel Ryan, wished to acknowledge that the Government, with the Labor Opposition’s support, had taken action on a long-held key Objective, namely to legislate an Australian Military (Veterans) Covenant that gives formal recognition to the Unique Nature of Military Service. The Covenant will be an early item of business for Senators in the next parliament to debate and give effect to it in law.

ADSO also wished to acknowledge the recent veterans’ policy announcements made by both the Government and the Opposition. The bi-partisan approach to an independent inquiry into the administration of the DFRDB commutation arrangements is particularly welcomed. As the Commonwealth Ombudsman will chair the inquiry, we recommend that as many of the issues as possible plaguing the DFRDB scheme from its outset be addressed by the Ombudsman, irrespective of the restrictive Terms of Reference. Those affected by the scheme have long-held the view that, while fair indexation was an abiding issue that must be fixed, there were equally other aspects of the scheme that should be remedied. The illogical and inappropriate use of out-of-date 1962-vintage life tables is but one.

Glaringly omitted from the policy statements by both the Government and the Opposition is recognition of the immensity of the advocacy and welfare work, and the vital role the wider ex-service community plays in support of veterans and their families. That includes the 18-member strong ADSO entity that speaks with one voice, Without exception, they are all not only volunteer-based but lack completely any financial help beyond the meagre amounts available to each Association separately under the DVA Grant-in Aid scheme. And yet ADSO with its vast veterans membership base, missed completely any mention in policy announcements that it too would be supported along with other service providers.
ADSO calls on both sides of politics to acknowledge the contribution of ADSO by funding it for the work it performs on behalf of Government and DVA, and the broad Australian veterans community.

29th April 2019

Media Statement – ADSO Policy Objectives 2019-2022

The Alliance of Defence Service Organisation (ADSO) welcomes the opportunity to announce its core Policy Objectives as a timely reminder to those seeking election to the 46th Parliament of Australia that the veterans’ community, speaking largely with a single voice, continues to seek redress of a series of key grievances, many of which have been outstanding for far too long.

Some issues have been the subjects of unfulfilled promises, not the least of which includes the inability to provide Australia’s most disabled Veterans and their families with an adequate standard of living.

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In commenting on the Objectives and encouraging all sides of politics to find legislative ways to redress each issue in turn, ADSO’s National Spokesman, Kel Ryan, wished to acknowledge that the Government, with the Opposition’s support, had taken action on a long-held key Objective, namely to legislate an Australian Military (Veterans) Covenant that gives formal recognition to the Unique Nature of Military Service. The Covenant has passed in the House of Representatives. Senators in the next parliament will have the honour of debating the important Bill and giving effect to it in law.

ADSO also wishes to support the outstanding initiatives that established ‘The Oasis Townsville’, a long-held aspiration of the Townsville ESO Community to have a single hub to which all veterans and their families could go, to be then referred out to the services available from the other ESOs in the area. The ‘Oasis’ is a model concept that could in whole, or in part, be replicated in other parts of Australia. ADSO wishes to congratulate all involved.
The Oasis is reflective of the collaboration that is possible between Ex-Service Organisations to help each other to achieve outcomes for a common cause; to have a shared focus on supporting serving and ex-serving members of the Australian Defence Force; to make the lives of these men, women and their families better, healthier, happier and more rewarding.
16th April 2019

ADSO comprises:
The Defence Force Welfare Association (DFWA), Naval Association of Australia (NAA), RAAF Association (RAAFA), Royal Australian Regiment Corporation (RARC), Australian Special Air Service Association (ASASA), the Australian Federation of Totally and Permanently Incapacitated Ex-Service Men and Women (TPI Fed), the Fleet Air Arm Association of Australia (FAAAA), Partners of Veterans Association of Australia (PVA), Royal Australian Armoured Corps Corporation (RAACC), the National Malaya & Borneo Veterans Association Australia (NMBVAA), Defence Reserves Association (DRA), Australian Gulf War Veterans Association, Australian Commando Association (ACA), the War Widows Guild of Australia (WWG), Military Police Association Australia (MPAA), the Australian Army Apprentices Association (AAAA), the Women Veterans Network Australia (WVNA) and the Combat Support Association (CSA).

DVA Secretly Changed Rules to Deny Veteran’s Claim

The Department of Veterans’ Affairs secretly deleted an incapacity policy to prevent an injured veteran claiming compensation. The Department denies any impropriety by its staff.

Read the full statement from the Department of Veterans’ Affairs.

ABC  TV  7.30 Report 18th June 2018

www.abc.net.au/7.30/dva-secretly-changed-rules-to-deny-veterans-claim/9883774