Veterans' Entitlements Determination (counselling and psychiatric assessment former dependants of Vietnam veterans) 2000 (Cth)

REPATRIATION COMMISSION

Veterans’ Entitlements Act 1986

Veterans' Entitlements Determination (counselling and psychiatric assessment – former dependants of Vietnam veterans) 2000

Instrument No. 26/2000

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

Dated                   8 December  2000

Neil Johnston
PRESIDENT Brian Flynn
A/g DEPUTY PRESIDENT Paul Stevens
COMMISSIONER

Repatriation Commission

_________________________________________________________

Part 1      Introduction

1.1Name of Determination

This Determination is the Veterans' Entitlements Determination (counselling and psychiatric assessment – former dependants of  Vietnam veterans) 2000.

1.2Commencement

This Determination commences on the date of Royal Assent to the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000.

1.3Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

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

dependantis a person as described in section 11 of the Act.

specified treatment means treatment described in Part 3 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 the veteran in Vietnam.

1.4 Purpose

Paragraph 88A(1)(c) of the Act states: "that a person who was the dependant of a veteran and who is in a specified class is eligible to be provided with treatment of a specified kind under this Part." The purpose of this Determination is to specify the classes of persons to whom paragraph 88A(1)(c) of the Act is to apply and the kind of treatment they are eligible to receive.

Part 2     Specified Classes of Person

2.1A person is in a specified class under paragraph 88A(1)(c) of the Act if the person was the dependant of a veteran with Vietnam service and who:

a)             if the person had been a child of a veteran, is less than 36 years of age; or

b)             in any other case ceased to be the dependant of a veteran within the previous five years.

Part 3     Treatment of a Specified Kind

3.1A person in a specified class of person in paragraph 2.1 is, subject to section 92 of the Act, eligible to be provided with treatment under subparagraph 92(1)(a)(ii) of the Act and under paragraph 92(1)(b) of the Act.

Note: Section 92 of the Act provides for, among other things, the Repatriation Commission, with the approval of the Minister, to provide for counselling services and psychiatric assessment for certain persons.

____________________________________________________

Repatriation Commission