Veterans' Entitlements (counselling and psychiatric assessment older former children of Vietnam veterans) Determination 2001 (Cth)

REPATRIATION COMMISSION

Veterans Entitlements Act 1986

Veterans' Entitlements (counselling and psychiatric assessment older former children of Vietnam veterans) Determination 2001

Instrument No. 10/2001

The Repatriation Commission makes this Determination under paragraph 88A(1)(c) of the Veterans Entitlements Act 1986.

Dated 29 June 2001

Ian Campbell
A/g PRESIDENT Geoff Stonehouse
A/g DEPUTY PRESIDENT

Repatriation Commission

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Part 1 Introduction

1.1Name of Determination

This Determination is the Veterans' Entitlements (counselling and psychiatric assessment older former children of Vietnam veterans) Determination 2001.

1.2Commencement

This Determination commences, or is taken to have commenced, on 1 July 2001.

1.3Definitions

In this Determination:

Act means the Veterans Entitlements Act 1986.

child of a veteran or child of a deceased veteran has the same meaning as in section 10 of the Act.

child has the same meaning as in section 5F of the Act.

commencement date means 1 July 2001.

end date means the end of the day of 30 June 2006.

specified treatment means treatment described in Part 3 of this Determination.

specified class means the class of persons specified in Part 2 of this Determination.

veteran means a person as defined in paragraph (a) of the definition of veteran in subsection 5C (1) of the Act.

Vietnam service means operational service, as described in section 6C, 6E or 6F of the Act, rendered by a veteran in Vietnam.

1.4 Purpose

To specify, for the purposes of paragraph 88A(1)(c) of the Act, a class of former child-dependants of veterans and the kind of treatment a person within that class is eligible to be provided.

Upon the identification of the class and the relevant treatment, the Repatriation Commission may, with the approval of the Minister for Veterans' Affairs, arrange to provide a person within that class with treatment consisting of counselling services and/or psychiatric assessment.

At the time this Determination was made the Repatriation Commission had arranged with the Vietnam Veterans Counselling Service to provide the relevant services.

Part 2 Specified Class of Person

1. A person who, on the commencement date:

(a) was a child of a veteran or a child of a deceased veteran (the veteran being a veteran who had rendered Vietnam service); and

(b)   has reached 36 years of age;

is eligible to be provided with specified treatment for the period on and from the commencement date to the end date and that period commences to run from the commencement date in respect of all and any of the specifed treatment that the person is eligible to be provided.

Note: "child" under the Act has a different meaning to its normal meaning and, generally speaking, means a person who has not turned 16. Accordingly, generally speaking, a child of a veteran ceases to be a child of the veteran upon turning 16. The child is, therefore, a former child of the veteran.

2. A person who, on the commencement date:

(a) was a child of a veteran or a child of a deceased veteran (the veteran being a veteran who had rendered Vietnam service); and

(b)will reach 36 years of age before the end date ;

is, upon reaching 36 years of age, eligible to be provided with specified treatment for the period from and including the day on which the person reached 36 years of age ("relevant day") to the end date and that period commences to run from the relevant day in respect of all and any of the specifed treatment that the person is eligible to be provided.

Part 3 Specified Kind of Treatment

The kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act, and subject to the Act, is counselling services or psychiatric assessment or counselling services and psychiatric assessment.

Note: under section 92 of the Act, the Minister for Veterans' Affairs must agree to the Repatriation Commission arranging for counselling and psychiatric services for eligible people and those services may only be provided pursuant to those arrangements.

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Repatriation Commission