Veterans' Entitlements (Counselling) Extended Eligibility Determination 2017 (Cth)
Repatriation Commission
Veterans' Entitlements (Counselling) Extended Eligibility Determination 2017
Instrument 2017 No. R5
| The Repatriation Commission, under subsection 92(2) of the Veterans’ Entitlements Act 1986 makes the following determination. Dated this 2nd day of March 2017 The Seal of the ) Simon Lewis C Orme MA Kelly ………………………………………………………………………………………………………………………………………….... SIMON LEWIS CRAIG ORME MAJOR GENERAL MARK KELLY PRESIDENT DEPUTY PRESIDENT COMMISSIONER |
Part 1 Introduction
Name
This instrument is the Veterans' Entitlements (Counselling) Extended Eligibility Determination 2017.
Commencement
This instrument commences on 1 April 2017.
Authority
This instrument is made under subsection 92(2) of the Veterans’ Entitlements Act 1986.
Revocation
The Veterans' Entitlements (Counselling) Extended Eligibility Determination 2014 is revoked.
Interpretation
In this instrument:
Act means the Veterans’ Entitlements Act 1986.
accepted mental health disability, in relation to a member or former member of the Australian Defence Force who is not a veteran, member of the Forces or a member of a Peacekeeping Force, means:
(a) a mental health disability of the person for which the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under the Military Rehabilitation and Compensation Act 2004; or
(b) a mental health disability of the person for which the person has received compensation under the Safety, Rehabilitation and Compensation Act 1988.
Note (1): a veteran, member of the Forces or a member of a Peacekeeping Force, with a mental health disability (whether a pension is paid for it or not) is eligible for counselling under s.92 of the Act, as affected by s.81, simply by virtue of being “a veteran”.
Note (2): s.81 of the Actprovides that for the purposes of Part V of the Act i.e. the Part containing s.92 under which counselling may be provided, “veteran” includes a “member of the Forces”, or a “member of a Peacekeeping Force”, as defined by subsection 68(1) of the Act.
Australian or overseas disaster zone service means service rendered by a member of the Australian Defence Force in an area in or outside Australia that, in the opinion of the Commission, was an area in which a natural or other disaster occurred and the service was rendered as part of the disaster relief effort.
border protection service means service rendered by a member of the Australian Defence Force in an area in or outside Australia that, in the opinion of the Commission, had the purpose of securing Australia’s borders against a potential or real threat by a State, person or persons.
family member of a person, means:
(a) a parent, partner, child or sibling of the person; or
(b) another person, who in the opinion of the Commission, should be treated as a family member of the person for the purposes of this instrument.
killed in a service-related incident, in relation to a service member, means:
(a) if the service member was rendering defence service under the Military Rehabilitation and Compensation Act 2004 at the time of being killed in the incident – the service member’s death is a service-death; or
(b) if the service member was rendering defence service under the Safety, Rehabilitation and Compensation Act 1988 at the time of being killed in the incident – the service member’s death resulted from an injury as defined in the SRCA.
Note 1: The definition of “defence service” is the same in both Acts.
Note 2: Under SRCA, “injury” (in s.5A of the SRCA) includes “disease” (in s.5B of the MRCA)
NLHC service member means a person in respect of whom a claim for treatment of a mental health condition on a non-liability health care basis has been accepted under the Veterans’ Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016.
post-Vietnam War member means a veteran or a service member who has rendered any amount of continuous full time service after 11 January 1973.
Note: This definition covers a certain subset of Australian Defence Force members with
post-Vietnam War service, namely “service members” as defined in this instrument and “veterans” within the meaning of section 92 of the Act, who have served after the Vietnam War. The date of 11 January 1973 has been chosen as the date to indicate the end of the Vietnam War.
registered DART complainant means a person who is registered and accepted to access a reparation payment or other outcome from the Defence Abuse Reparation Taskforce under the Defence Abuse Reparation Scheme.
service-death has the meaning given by section 28 and subsection 29(3) of the Military Rehabilitation and Compensation Act 2004.
service member means a person who is not a veteran under paragraph (a) of the definition of veteran in subsection 5C(1) of the Actor a member of the Forces or
a member of a Peacekeeping Force but a person who is:
(a) a member or former member of the Australian Defence Force with an accepted mental health disability; or
(b) a person who, as a member of the Australian Defence Force, rendered border protection service, Australian or overseas disaster zone service or submariner service; or
(c) a member or former member of the Australian Defence Force involved in a training accident; or
(d) a person who has been medically discharged from the Australian Defence Force; or
(e) a member of the Australian Defence Force killed in a service-related incident; or
(f) a veteran under paragraph (b) of the definition of veteran in subsection 5C(1) of the Actwho satisfies subsection 37(3) of the Act and who is undertaking a rehabilitation program under the Veterans’ Vocational Rehabilitation Scheme.
Note: Subsection 37(3) refers to a person who is a veteran by reason only of being a Commonwealth veteran, an allied veteran or an allied mariner.
SHOAMP participant means a person who is a Group 1 or Group 2 participant in the SHOAMP (Study of Health Outcomes in Aircraft Maintenance Personnel) health care scheme.
Note: a SHOAMP participant may be a family member or an ex partner (GROUP 2) of the primary participant (GROUP 1) i.e. the aircraft maintenance (aircraft fuel tank) worker.
sibling has the same meaning as it has in section 23 of the Social Security Act 1991.
Note: Under section 23 of the Social Security Act 1991, sibling, of a person, is defined to include a half-brother, half-sister, adoptive brother, adoptive sister, stepbrother or stepsister of the person, but does not include a foster-brother or a foster-sister of the person.
submariner service means service rendered by a member of the Australian Defence Force as part of the crew of a submarine of the Australian Navy.
training accident means an accident that, in the opinion of the Commission, occurred during a training exercise undertaken by the Australian Defence Force in which a member of the Australian Defence Force died or sustained an injury, that in the opinion of the Commission, was a serious injury.
Veterans’ Vocational Rehabilitation Scheme means the scheme of that name made by the Repatriation Commission under section 115B of the Act.
Note: The following terms used in this instrument are defined in the Act:
child (s.5F(1))
Commission (s.5A)
Defence Force (s.5C(1))
parent (s.5F(1)); (s.10A)
partner (s.5E(1)); (s.81)
member of the Forces (s.68(1))
MRCA (s.5Q(1))
veteran (s.5C(1))
Part 2 Specified Class of Person
For the purposes of subparagraph 92(1)(a)(iii) of the Act, the following classes of person are specified:
(a) NLHC service member.
(b)SHOAMP participant.
(c) service member.
Note (1): veterans, members of the Forces and members of a Peacekeeping Force, and their dependants (including former dependants), are not covered by this instrument because they may be provided with counselling under subparagraphs 92(1)(a)(i) and (ii) of the Act.
Note (2): s.81 of the Actprovides that for the purposes of Part V of the Act i.e. the Part containing section 92 under which counselling services are provided, “veteran” includes a “member of the Forces”, or a “member of a Peacekeeping Force”, as defined by subsection 68(1) of the Act.
(d) partner of a service member.
(e) child of a service member who is dependent on the service member.
(f) parent or sibling of a service member killed in a service-related incident.
(g) parent or sibling of a veteran killed in a service-related incident.
(h) family member of a current or former member of the Australian Defence Force where the member has died by suicide or suspected suicide.
(i) registered DART complainant.
(j) family member of a registered DART complainant.
(k) former child of a post-Vietnam War member or a former child of a deceased post-Vietnam War member.
Note (1): "Child" as defined in the Act has a different meaning to its normal meaning. A child is someone who has not turned 16 years or, if in full time education, has not turned 25 years. A “former child” is, therefore, depending on their education circumstances, a person 16 years or over or 25 years or over.
Note (2): Generally, a person will cease to be a child within the meaning of section 5F of the Act upon turning 16, or if in full-time education – on ceasing full-time education or on turning 25, or if in receipt of any of the payments under the Social Security Act 1991 specified in that section.
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