Stuart McCarthy Profile picture
Retired Army officer & #veteran. Advocate for vets w brain injury, disabilities, drug trial subjects, abuse survivors. Owner #gsd wannabe working dog 'Smoke'.🐾

Apr 16, 2022, 29 tweets

Crucial testimony from @DVASecretary Liz Cosson at Thursday's Veteran Suicide Royal Commission @roycommDVSRC hearing.

Unnecessary #auspol govt delays to URGENT LEGISLATIVE REFORM (ID'd in previous reviews) are contributing to the the HIGH #VETERAN SUICIDE RATE.

Thread ⬇️ 1/25

Background. Numerous media reports on the RC (& previously) have highlighted lengthy delays in @DVAAus claims processing times as a significant factor contributing to veteran suicides. Seriously injured/disabled veterans too oftem wait years for help. 2/25
abc.net.au/news/2022-02-1…

Chronic @DVAAus staff shortages have also for years been highlighted as a contributing factor, coupled with the federal govternment's over-reliance on expensive, inefficient, outsourced temporary labour hire. 3/25
thewest.com.au/politics/labou…

During Thursday's Royal Commission hearing Ms Cosson agreed with Commissioner Peggy Brown that the govt's rationale for imposing an "arbitrary ceiling" on @DVAAus APS staff while spending $millions on outsourced labour hire amounts to an "ideology." 4/25
thenewdaily.com.au/finance/work/2…

Meanwhile, on the eve of this year's Budget, Veterans Affairs Minister Andrew Gee pulled a media stunt in which he 'threatened to resign' over the provision of $96 million funding to address the "national disgrace" caused by @DVAAus staffing problems. 5/25

Some govt sources and media outlets falsely claimed that Mr Gee's 'threat to resign' resulted in him 'securing' the additional $96M, but in reality the 2022-23 Budget only provides $22M, with an 'option' to fund the ongoing shortfall in future years. 6/25
mudgeeguardian.com.au/story/7677094/…

In a typical 'word-salad' response to Mr Gee's 'threat to resign', #auspol Prime Minister @ScottMorrisonMP evaded the issue of chronic DVA staff shortfalls, stating the Minister would need to "acquit himself" to the "delivery of those investments." 7/25
pm.gov.au/media/press-co…

Lost in the mire of political/media stunts, creative budget accounting, prime ministerial word-salad, million $ 'announceables' and the 24/7 news cycle, there is a deeper systemic problem which governments have been avoiding for years: the need for URGENT LEGISLATIVE REFORM. 8/25

The byzantine legislation governing injured/disabled #veterans rehabiltation, compensation & entitlements contributes to suicide because it is inherently adversarial. Previous Minister @DarrenChesterMP acknowledged in 2019 that it's "too adversarial." 9/25 abc.net.au/news/2019-06-2…

In 2018-2019 alone, @DVAAus paid @SparkeHelmore lawyers more than $15 million to fight injured/disabled #veterans appealing to the Veterans Review Board or AAT, in proceedings where veterans themselves are prohibited from having legal representation. 10/25

Worse, the legislation provides leeway for "bureaucratic bastardry" by faceless, unaccountable senior @DVAAus officials and their taxpayer-funded, hired-gun lawyer cronies, even to the extent of secretly 'deleting' policy to defeat legitimate claims. 11/25
abc.net.au/news/2018-06-1…

On rare occasions, injured/disabled #veterans who survive this utter bastardry & fight for effective political advocacy and/or media support, have managed to secure hollow, mealy-mouthed government 'apologies' in Parliament, for example this offering from Sen. @MarisePayne. 12/25

But the bastardry goes much deeper. Not content with merely 'outsourcing', @DVAAus has even parachuted senior @SparkeHelmore lawyers into in-house departmental 'Special Advisor' appointments, authorised to make official Commonwealth govt decisions. 13/25
sparke.com.au/expertise/gove…

DVA crony @SparkeHelmore Partner Stuart Marris's current bio states that he "is currently seconded part-time to a Commonwealth Government department [@DVAAus] to provide advice on statutory interpretation and related administrative law issues." 14/25
sparke.com.au/people/stuart-…

The matter of "statutory interpretation" now brings us to the most crucial & insightful aspects of @DVASecretary Liz Cosson's testimony at Thursday's @roycommDVSRC hearing, namely the need for URGENT LEGISLATIVE REFORM to properly address the high rate of #veteran suicide. 15/25

Here are some key, self-explanatory excerpts from the afternoon session of Thursday's Royal Commission hearing involving:

Witness - Ms Liz Cosson AM CSC @DVASecretary

Mr Peter Gray QC - Counsel Assisting @roycommDVSRC

Mr Michael Fordham SC - representing the Commonwealth 16/25

The questions from Mr Gray & answers from Ms Cosson show that a legislative 'road map' has been underway since a 2019 Productivity Commission report, incl consultation with ex-service organisations, to address problems known to exacerbate the risk of #veteran suicidality.
17/25

In summary:
1) For almost this entire term of Parliament, the #auspol @ScottMorrisonMP govt has been sitting on unactioned Productivity Commission recommendations for legislative reform.
2) DVA officials have produced a 'road map' for reforms to 'harmonise' the legislation. 18/25

In summary (cont):
3) DVA officials have been consulting w ex-service organisation representatives on a legislative reform 'road map' for years.
4) @DVASecretary & the previous Minister acknowledge that the current dysfunctional legislation contributes to veteran suicides. 19/25

In summary (cont):
5) The government has taken no discernible action on the legislative 'road map.'
6) As the RC approached, the govt paid @McKinsey $1.3M for another 'review' and recommendations to improve the claims processing system (and DVA is already behind schedule). 20/25

In summary (cont):
7) With the @DVASecretary in the Royal Commission witness box, the government rep objected to questions likely to expose government inaction on an urgent 'road map' of legislative reform, on the basis the answers might compromise Cabinet confidentiality. 21/25

This, to use Veterans Affairs Minister Andrew Gee's own words, is a "national disgrace." A national disgrace which the federal government clearly has no intention of addressing beyond ducking, weaving, bandaid measures, meaningless PR stunts or hollow 'announcements.' 22/25

What needs to happen to address this national disgrace?
Firstly, the current & previous Veterans Affairs Ministers, & if necessary the Prime Minister, must be summoned to @roycommDVSRC, to answer questions under oath as to the progress of the legislative reform 'road map.' 23/25

Secondly, the leaders of all parties must publicly commit to URGENT LEGISLATIVE REFORM in their election policies. Platitudes 'thanking veterans for their service' & PR stunts are insults to our intelligence while our mates continue to fall victim to government negligence. 24/25

Thirdly & finally, the media must *hold the party leaders to account* during this election. Each & every time either one of them faces the cameras on the subject of veterans affairs, media must *hound them* on LEGISLATIVE REFORM, using the above excerpts from RC evidence. 25/25

Here is another glimpse into the government's neglect of urgent legislative reform in the #veterans portfolio. The (lack of) progress on the Veterans’ Affairs Legislation Amendment (Enhanced Family Support) Bill 2022.
tinyurl.com/3sxwpp8c

Costed at a modest $30.2M over four years, in partial response to the 2019 PC report and a previous Senate Inquiry, the Bill aims to provide additional support incl childcare, counselling, household services etc, and by removing a qualifying requirement for "warlike service."

This Bill would also have been a modest first step towards the legislative harmonisation in Ms Cosson's RC testimony, reducing the financial & psychological distress experienced by #veterans families during their 'transition' from the ADF, when suicidality often becomes apparent.

The Bill was introduced into the House of Representatives on 16 February and passed on 30 March with the support of the Opposition. From there, the government failed to introduce it into the Senate schedule before this term of Pairlament concluded.

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