Footnotes

Chapter 1 - Introduction

[1]        The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6479.

[2]        Selection of Bills Committee, Report No. 7 of 2011, 15 June 2011, Appendix 3.

[3]        See second reading speeches: Mr Stuart Robert, House of Representatives Hansard, 16 June 2011, p. 6342; Mrs Karen Andrews, House of Representatives Hansard, 16 June 2011, p. 6352; Mrs Natasha Griggs, House of Representatives Hansard, 20 June 2011, p. 6469; Mr Michael McCormack, House of Representatives Hansard, 20 June 2011, p. 6474.

Chapter 2 - Prisoner of war supplement

[1]        See second reading speeches: Mr Michael McCormack, House of Representatives Hansard, 20 June 2011, p. 6474; the Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6478.

[2]        Mrs Natasha Griggs, House of Representatives Hansard, 20 June 2011, p. 6469.

[3]        Mr Rob Mitchell, House of Representatives Hansard, 16 June 2011, p. 6345.

[4]        Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol. 1, p. 14.

[5]        Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol. 1, p. 13.

[6]        Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol. 2, p. 417.

[7]        Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol. 1, p. 14.

[8]        The Hon Pat Farmer, Parliamentary Secretary to the Minister for Education, Science and Training, House of Representatives Hansard, 9 May 2007, p. 1. See also Second reading speeches: Mr Stuart Robert, House of Representatives Hansard, 16 June 2011, p. 6341; Mrs Natasha Griggs, House of Representatives Hansard, 20 June 2011, p. 6469; Mr Michael McCormack, House of Representatives Hansard, 20 June 2011, p. 6474.

[9]        Mr Rob Mitchell, House of Representatives Hansard, 16 June 2011, p. 6346.

[10]      The Hon Justine Elliott, Parliamentary Secretary for Trade, House of Representatives Hansard, 20 June 2011, p. 6466.

[11]      See second reading speeches: Mr Stuart Robert, House of Representatives Hansard, 16 June 2011, p. 6341; the Hon Bruce Scott, House of Representatives Hansard, 16 June 2011, p. 6355.

Chapter 3 -  Incapacity Allowance and Loss of Earnings Allowance

[1]        The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6478.

[2]        Mrs Karen Andrews, House of Representatives Hansard, 16 June 2011, pp. 6352–6353.

[3]        DVA Factsheet, DP77, Veterans’ Entitlements Act 1986 (VEA), Temporary Incapacity Allowance http://factsheets.dva.gov.au/factsheets/documents/DP77%20Temporary%20Incapacity%20Allowance.htm (accessed 29 July 2011)

[4]        DVA Factsheet, DP77, Veterans’ Entitlements Act 1986 (VEA), Temporary Incapacity Allowance http://factsheets.dva.gov.au/factsheets/documents/DP77%20Temporary%20Incapacity%20Allowance.htm (accessed 27 July 2011)

[5]        DVA Factsheet, DP75, Veterans’ Entitlements Act 1986 (VEA), Loss of Earnings Allowance, http://factsheets.dva.gov.au/factsheets/documents/DP75%20Loss%20of%20Earnings%20Allowance.htm (accessed 27 July 2011)

[6]        DVA Factsheet, DP75, Veterans’ Entitlements Act 1986 (VEA), Loss of Earnings Allowance, http://factsheets.dva.gov.au/factsheets/documents/DP75%20Loss%20of%20Earnings%20Allowance.htm (accessed 27 July 2011)

[7]        DVA Factsheet, DP75, Veterans’ Entitlements Act 1986 (VEA), Loss of Earnings Allowance, http://factsheets.dva.gov.au/factsheets/documents/DP75%20Loss%20of%20Earnings%20Allowance.htm (accessed 27 July 2011)

[8]        The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6478.

[9]        Australian Government, Budget Paper no. 2, Budget Measures 2010–11, 'Part 2: Expense Measures, Veterans' Affairs', p. 330.

[10]      Submission 2, p. 7.

[11]      Submission 2, p. 8.

[12]      See Second reading speeches: Mrs Natasha Griggs, House of Representatives Hansard, 20 June 2011, p. 6469; and Mr Michael McCormack, House of Representatives Hansard, 20 June 2011, p. 6474.

[13]      The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6478.

Chapter 4 - The principle underpinning compensation offsetting

[1]        Mr Stuart Robert, House of Representatives Hansard, 16 June 2011, p. 6342.

[2]        Australian Government, Budget Paper no. 2, Budget Measures 2010–11, 'Part 2: Expense Measures, Veterans' Affairs', p. 327.

[3]        Mrs Karen Andrews, House of Representatives Hansard, 16 June 2011, p. 6352.

[4]        Explanatory Memorandum, p. 8.

[5]        Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol. 1, pp. 81–91.

[6]        Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol. 3, p. 576.

[7]        Submission 2, p. 3.

[8]        DVA explained that this change was intended 'to encourage additional personnel to join the ADF following the cessation of national service'. Submission 2, p. 4.

[9]        Submission 3, [p. 4].

[10]      Submission 3, [p. 4].

[11]      Submission 2, p. 4.

[12]      Submission 2, p. 4.

[13]      Submission 3, [p. 5].

[14]      Explanatory Memorandum, p. 9.

[15]      Submission 2, p. 4.

[16]      Review of the Military Compensation Scheme (N Tanzer, chair), Report of the Review of the Military Compensation Scheme, Department of Defence, March 1999, p. 20.

[17]      Review of the Military Compensation Scheme (N Tanzer, chair), Report of the Review of the Military Compensation Scheme, Department of Defence, March 1999, p. 20.

[18]      Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol. 1, p. 637.

[19]      Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol.  1, p. 28; vol. 3, p. 624.

[20]      Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol. 3, p. 624.

[21]      Review of Veterans' Entitlements (J Clarke, chair), Report of the Review of Veterans' Entitlements, Department of Veterans' Affairs, January 2003, vol 1, p. 37.

[22]      Department of Veterans' Affairs, Report of the Review of Military Compensation Arrangements, February 2011, p. 259.

[23]      Department of Veterans' Affairs, Report of the Review of Military Compensation Arrangements, February 2011, p. 259.

[24]      Department of Veterans' Affairs, Report of the Review of Military Compensation Arrangements, February 2011, p. 298.

[25]      Department of Veterans' Affairs, Report of the Review of Military Compensation Arrangements, February 2011, p. 293.

[26]      Department of Veterans' Affairs, Report of the Review of Military Compensation Arrangements, February 2011, p. 262.

Chapter 5 - Purpose and unintended consequences of the proposed offsetting provisions

[1]        The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6479.

[2]        The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6479.

[3]        The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6479. See also, Mr Bruce Scott, House of Representatives Hansard, 16 June 2011, p. 6355.

[4]        Submission 2, p. 6.

[5]        Submission 2, p. 6.

[6]        Mr Rob Mitchell, House of Representatives Hansard, 16 June 2011, p. 6346.

[7]        Commonwealth of Australia v Smith [2009] FCAFC 175, Court Order, 16 December 2009, at para. 9.

[8]        Commonwealth of Australia v Smith [2009] FCAFC 175, Court Order, 16 December 2009, at paras. 26, 27.

[9]        Commonwealth of Australia v Smith [2009] FCAFC 175, Court Order, 16 December 2009, at para. 22.

[10]      Submission 2, p. 5.

[11]      The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6479.

[12]      Portfolio Budget Statements 2011-12, Budget Related paper No. 1.5B, Defence Portfolio (Department of Veterans’ Affairs), p. 16.

[13]      Submission 2, p. 6.

[14]      Submission 2, p. 6.

[15]      Mrs Karen Andrews, House of Representatives Hansard, 16 June 2011, p. 6352. 

[16]      Explanatory Memorandum, p. 9.

[17]      Explanatory Memorandum, p. 10.

[18]      Explanatory Memorandum, items 15–17, p. 13.

[19]      Explanatory Memorandum, items 18–23, p. 13.

[20]      Explanatory Memorandum, items 15–26, pp. 13–14.

[21]      Explanatory Memorandum, items 24 and 25, p. 13.

[22]      Explanatory Memorandum, p. 14.

[23]      Explanatory Memorandum, items 27 and 28, p. 14.

[24]      Submission 2, p. 6.

[25]      Submission 2, p. 7.

[26]      Senate Foreign Affairs, Defence and Trade Legislation Committee, Aspects of the Veterans' Entitlements Act 1986 and the Military Compensation Scheme, September 2003, p. 26.

[27]      Senate Foreign Affairs, Defence and Trade Legislation Committee, Aspects of the Veterans' Entitlements Act 1986 and the Military Compensation Scheme, September 2003, p. 26.

[28]      Senate Foreign Affairs, Defence and Trade Legislation Committee, Aspects of the Veterans' Entitlements Act 1986 and the Military Compensation Scheme, September 2003, p. 22.

[29]      Submission 5, [p. 2].

[30]      Submission 5, [p. 1].

[31]      Mr Hodges, Proof Committee Hansard, 11 August 2011, p. 6.

[32]      Department of Veterans' Affairs, answers to written questions, received 5 August 2011.

[33]      Department of Veterans' Affairs, answers to written questions, received 5 August 2011.

[34]      The department explained further that this was standard policy in regards to compensation recovery and offsetting. It also suggested that details of costs not specifically included in a court judgement, settlement or payment was a private issue and parties should seek appropriate amounts to cover both their costs and required compensation. Ms Spiers, Proof Committee Hansard 11 August 2011, p. 14.

[35]      Submission 3, [p. 1].

[36]      Submission 3, [p. 2].

[37]      Submission 3, [p. 5].

[38]      Explanatory Memorandum, p. 8.

[39]      Submission 3, [p. 5].

[40]      Submission 3, [p. 4].

[41]      Submission 3, [p. 5].

[42]      Submission 3, [p. 4].

[43]      Submission 3, [p. 4].

[44]      Submission 3, [p. 4].

[45]      Submission 3, [p. 2].

[46]      Submission 3, [p. 2].

[47]      Submission 3, [p. 2].

[48]      Submission 3, [p. 3].

[49]      Submission 3, [p. 3].

[50]      Department of Veterans' Affairs, answer to written question on notice no. 1.3, received 5 August 2011, see Appendix 3.

[51]      Department of Veterans' Affairs, answer to written question on notice no. 1.4, received 5 August 2011, see Appendix 3.

[52]      Department of Veterans' Affairs, answer to written question on notice no. 1.4, received 5 August 2011, see Appendix 3.

[53]      Department of Veterans' Affairs, answer to written question on notice no. 1.5, received 5 August 2011, see Appendix 3.

[54]      Department of Veterans' Affairs, answer to written question on notice no. 1.5, received 5 August 2011, see Appendix 3.

[55]      Department of Veterans' Affairs, answer to written question on notice no. 3.2, received 5 August 2011, see Appendix 3.

[56]      Department of Veterans' Affairs, answer to written question on notice no. 3.2, received 5 August 2011, see Appendix 3.

[57]      Department of Veterans' Affairs, answer to written question on notice no. 3.2 and introduction, received 5 August 2011, see Appendix 3.

[58]      Senate Foreign Affairs, Defence and Trade Legislation Committee, Aspects of the Veterans' Entitlements Act 1986 and the Military Compensation Scheme, September 2003, p. 22.

[59]      Senate Foreign Affairs, Defence and Trade Legislation Committee, Aspects of the Veterans' Entitlements Act 1986 and the Military Compensation Scheme, September 2003, p. 29.

[60]      Department of Veterans' Affairs, Review of Military Compensation Arrangements Report, February 2011, p. 32.

[61]      Department of Veterans' Affairs, Review of Military Compensation Arrangements Report, February 2011, p. 271.

[62]      Portfolio Budget Statements 2011–12, Budget related paper no. 1.5B, Defence Portfolio (Department of Veterans' Affairs), p. 16.

[63]      Australian Government, Budget Paper no. 2, Budget Measures 2010–11, 'Part 2: Expense Measures, Veterans' Affairs', p. 327.

[64]      The Hon Warren Snowdon, Minister for Veterans' Affairs, Minister for Defence Science and Personnel, Minister for Indigenous Health, House of Representatives Hansard, 20 June 2011, p. 6479.

[65]      Department of Veterans' Affairs, answer to question on notice, 11 August 2011 (received 12 August 2011).

[66]      Department of Veterans' Affairs, answer to written question on notice no. 4.1, received 5 August 2011, see Appendix 3.

[67]      Ms Spiers, Proof Committee Hansard, 11 August 2011, p. 12.

[68]      RADM Doolan, Proof Committee Hansard, 11 August 2011, p. 2.

[69]      RADM Doolan, Proof Committee Hansard, 11 August 2011, p. 2.

Appendix 3 - Department of Veterans’ Affairs—answers to written questions

[1]        Submission 2, p. 6.

[2]        Review of Military Compensation Arrangements Report, p. 262.