Military Rehabilitation and Compensation (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2026

EXPLANATORY STATEMENT

Military Rehabilitation and Compensation (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2026

EMPOWERING PROVISION

The Military Rehabilitation and Compensation Commission makes this instrument under section 268B of the Military Rehabilitation and Compensation Act 2004 (the MRCA).

PURPOSE

The Military Rehabilitation and Compensation (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2026 (the instrument) provides short-term flexible support to eligible veterans and families of veterans who are experiencing new and challenging life circumstances that may result in the family being at risk of, or experiencing, crisis.

Subsection 268B(1) of the MRCA provides the Commission may, by legislative instrument, make provision for and in relation to the granting of an acute support package of assistance and benefits of a specified kind to a person who is a member or former member, or who is or was a related person of a member, former member or deceased member, to assist the person adjust to challenging life circumstances.

Subsection 268B(2) of the MRCA sets out the instrument must provide that a person is not eligible for the acute support package unless the criteria mentioned in subsections (3), (4), (5), (5AA), (5AB), or (6) are satisfied.

Subsection 268B(7) of the MRCA provides that the instrument may contain:

• additional eligibility criteria for an acute support package;
• criteria for the granting of assistance or benefits;
• the kinds of assistance or benefits that may be granted which may include child care, counselling, household assistance, services to build capacity and academic and extra-curricular support for children;
• the conditions on which assistance or benefits are granted;
• limits (whether financial or otherwise) on the provision of assistance or benefits;
• the suspension or cancellation of the provision of assistance or benefits;
• arrangements for the payment of assistance or benefits.

The acute support package continues under the MRCA on 1 July 2026 with the commencement of the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (the VETS Act). Prior to 1 July 2026, the acute support package was provided for under section 115S of the Veterans’ Entitlements Act 1986 (the VEA) and section 41B of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (the DRCA). Both sections are amended by sections 12AA and 14AA of the VETS Act to inform that no new instruments will be made and new claims for assistance and benefits under the VEA and the DRCA are closed.

From 1 July 2026, all new requests for an acute support package will be administered under the MRCA without any changes to eligibility criteria. Existing family support arrangements granted under the VEA and the DRCA before 1 July 2026 will continue without interruption until that period of support ends. The transfer of the acute support package eligibility criteria from the VEA and the DRCA to the MRCA on 1 July 2026 supports a harmonised and integrated system for provision of the assistance or benefit under a single, ongoing Act into the future.

OVERVIEW

The intent and purpose of the acute support package is to provide short-term flexible support to eligible veterans and families of veterans who are experiencing new and challenging life circumstances that may result in the family being at risk of, or experiencing, crisis.

The instrument provides that for the purposes of the acute support package, the Commission must prepare a support plan for the eligible person, which outlines among other things, the persons who will be provided with assistance or benefits under the support plan, the kinds of assistance or benefits that will be provided, and the periods during which the assistance or benefits will be provided. A person granted a package may include other eligible persons in a support plan, including children under 18 years of age, if they meet certain eligibility criteria and are experiencing, or are at risk of experiencing, crisis.

Delegated powers

The Commission’s powers under the scheme are delegated to staff in the Department of Veterans’ Affairs (DVA). The powers are delegated to a range of Australian Public Service (APS) positions within DVA, typically between the APS5 and SES Band 3 levels. The Commission’s powers are delegated to APS staff at these levels due to administrative necessity, as well as the volume and routine nature of the decisions involved. Delegates are permitted to undertake relevant investigations and make administrative decisions on the Commission’s behalf under the acute support package.

Employees who administer the acute support package receive training to ensure they possess the relevant skills and knowledge to make necessary decisions under the acute support package legislation. In addition, employees in these positions have access to a range of resources and expertise to assist them in administering the acute support package.

Further safeguards exist through the review rights under the acute support package if a person is dissatisfied with a decision of the Commission (or delegate), they can apply to the Commission for a review of that decision. A decision cannot be reviewed by the person who made the original decision.

Availability of independent merits review

Section 345B of the MRCA provides that reconsideration and review of determinations apply to decisions by the Commission about acute support packages. Section 352A of the MRCA provides the claimant may make an application to the Veterans’ Review Board for a review of an original determination. Section 354 of the MRCA provides the claimant may make an application to the Administrative Review Tribunal for a review of a reviewable determination.

EXPLANATION OF PROVISIONS

Section 1 states the name of the instrument.

Section 2 provides that the instrument commences on 1 July 2026.

Section 3 sets out the authority for the Military Rehabilitation and Compensation Commission making the instrument, namely section 268B of the MRCA.

Section 4 provides that the instrument repeals the Military Rehabilitation and Compensation (Defence Veterans’ and Families’ Acute Support Package) Instrument 2022.

Section 5 provides a simplified outline of the instrument.

Section 6 defines terms used in the instrument, including expressions used in the instrument that are defined in section 5 of the MRCA and new definitions introduced as part of the VETS Act to incorporate the VEA and DRCA. The definitions include the following:

• Commission means Repatriation Commission continued in existence by section 360B of the MRCA;
• deceased member means a person who has died and who was a member or former member before his or her death;
• DRCA means the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988;
• former member means a person who ceased to be a member. The note to the definition clarifies that a cadet or part-time Reservist who is unlikely to be able to perform his or her duties in the future as a result of an incapacity might be taken to be a former member (see section 10 of the MRCA);
• member means a member of the Defence Force, or a cadet, or a person to whom section 7A of the MRCA applies, or a declared member or a member of a Peacekeeping Force;
• related person of a member has the meaning given by subsection 15(2) of the MRCA;
• VEA means the Veterans’ Entitlements Act 1986;
• wholly dependent partner of a deceased member means a person who was the partner of the member immediately before his or her death and who was wholly dependent on the member at the time.

In this instrument:

• Act means the MRCA;
• acute support package has the meaning given by subsection 7(1) of this instrument;
• CTPA means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;
• support plan has the meaning given by section 8 of this instrument;
• war widow has the meaning given by section 5E of the VEA, meaning a woman who was the partner of a person immediately before the person died; or a woman who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died;
• war widower has the meaning given by section 5E of the VEA, which means a man who was the partner of a person immediately before the person died; or a man who was legally married to person, but living separately and apart from the person on a permanent basis, immediately before the person died.

In this instrument, a reference to a child of a member, former member or deceased member, includes a reference to a stepchild of the member, former member or deceased member; and a person in respect to whom the member or former member stands, or deceased member stood, in the position of a parent.

Section 7 provides the eligibility criteria for the Commission to grant an acute support package of assistance or benefits to a person, the cohorts of eligible persons and sets out how previously granted packages or support plans are to be treated. The Commission must be satisfied that it is appropriate to grant an acute support package to a person to assist the person to adjust to new and challenging life circumstances.

Subsection 7(2) provides the Commission may grant an acute support package of assistance or benefits to a person who is a member or former member if the person is under 65 years of age, the person is receiving or eligible to receive one of the specified DVA payments, and the Commission is satisfied the person, or a related person, is experiencing, or at risk of experiencing, crisis. Where applicable throughout the eligibility criteria, the specified payments have been updated to include certain pensions and veteran payments paid under the VEA to support consolidation under the MRCA.

Subsection 7(3) provides the Commission may grant an acute support package of assistance or benefits to a person who is a related person of a member or former member if the member or former member is under 65 years of age, the member or former member is receiving or eligible to receive one of the specified DVA payments, and the Commission is satisfied the person is experiencing, or at risk of experiencing, crisis that is impacting or involving the member or former member, or connected to their wellbeing.   

Subsection 7(4) provides the Commission may grant an acute support package of assistance or benefits to a person who is a wholly dependent partner of a deceased member or a war widow or war widower if the person is under 65 years of age, the deceased member’s death occurred no more than 2 years before eligibility is determined, and either the deceased member’s death was service related, a suicide related to service, or resulted from an injury (within in the meaning of the DRCA). The war widow or war widower cohort is introduced as part of the VETS Act single pathway consolidation with subsection 268B(5AA) replicating subsection 115S(5) of the VEA.

Subsection 7(5) provides the Commission may grant an acute support package of assistance or benefits to a person who is a partner of a deceased member if the person is under 65 years of age, the person was the partner of a deceased member immediately before the deceased member’s death, the person was partly dependent on the deceased member at the date of the deceased member’s death, the deceased member’s death occurred no more than 2 years before eligibility is determined and the deceased member’s death resulted from an injury (within the meaning of the DRCA). The partner cohort is introduced as part of the VETS Act single pathway consolidation with subsection 268B(5AB) replicating subsection 41B(5) of the DRCA.

Subsection 7(6) provides the Commission may grant an acute support package of assistance or benefits to a person who is a parent or step-parent of a deceased member, or a wholly dependent partner of a deceased member, or person who was the partner of a deceased member if the deceased member’s death occurred no more than 2 years before eligibility is determined, either the deceased member’s death was service related or a suicide related to service, the Commission is satisfied that the person is parenting a child of the deceased member, the child is under 18 years of age and the Commission is satisfied the person, or the child, is experiencing, or at risk of experiencing, crisis.

Subsection 7(7) provides the Commission may grant an acute support package of assistance or benefits to a person who is a former partner of a member or former member if the person is under 65 years of age, the member or former member is receiving or eligible to receive one of the specified DVA payments, either the person ceased being the member’s or former member’s partner within the previous 12 months, or a child of the member or former member who is under 18 years of age lives with the person and the Commission is satisfied the person is experiencing, or at risk of experiencing, crisis.

Section 8 provides the requirement for the Commission to develop a support plan for a person granted an acute support package, including the contents of the plan, people included in the support plan, kinds of assistance or benefits included in the support plan, and child care service providers.

Subsection 8(2) provides that the contents of a support plan must include the following:

• the names of any people who are to be provided with assistance or benefits under the support plan;
• the kinds of assistance or benefits that the Commission is satisfied are appropriate to be provided to the people;
• the period or periods during which those assistance or benefits are to be provided;
• the providers that are to provide the assistance or benefits;
• the payment arrangements relating to the provision of the assistance or benefits;
• the day on which the support plan comes into effect.

Subsection 8(3) provides that a related person may be included in a support plan for an acute support package for a member or former member with approval from the Commission if the Commission is satisfied that the related person is experiencing, or is at risk of experiencing, crisis. The amendments are intended to simplify the provision and do not change how it operates.

Subsection 8(4) provides a child under 18 years of age may be included in the support plan for an acute support package granted to a person mentioned in paragraphs 8(4)(a) to 8(4)(i) with approval from the Commission if the person who has been granted the acute support package is parenting the child and the Commission is satisfied that the child under 18 years of age is experiencing, or at risk of experiencing, crisis. The amendments are intended to simplify the provision and do not change how it operates.

Subsection 8(5) provides the kinds of assistance or benefits that may be included in a support plan for the purposes of paragraph 8(2)(b) are one or more of the following:

• child care services for a child who is attending, or not yet attending, primary school;
• counselling;
• household assistance;
• services to build capacity;
• academic and extra-curricular support services for a child who is under 18 years of age;
• transport services in relation to assistance or benefits provided under the support plan;
• equipment and other goods in relation to assistance or benefits being provided under the support plan;
• any other kind of assistance or benefits that the Commission is satisfied will assist the person being provided with the assistance or benefits to adjust to new and challenging life circumstances.

Subsection 8(6) provides that for the purposes of paragraph 8(2)(d), a provider of child care services must not be in a support plan unless the provider is an approved child care service within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999). This section has been amended to remove a reference to persons registered under section 7E of the National Disability Insurance Scheme Act because the approved provider list is only registered to provide support to NDIS participants and would not be applicable.  

Section 9 provides the circumstances for the Commission varying a support plan.

Subsection 9(1) provides the Commission may vary a support plan on request by the person for whom the support plan was prepared or any person who is included in the support plan, if the Commission is satisfied that it is appropriate to do so.

Subsection 9(2) provides the Commission may vary a support plan on the Commission’s own initiative, if the Commission is satisfied that it is appropriate to do so.

Section 10 provides the circumstances for the Commission revoking a support plan and the effect of revocation.

Subsection 10(1) provides the Commission must revoke an acute support package if the member or former member is no longer receiving, or is no longer eligible to receive, certain compensation or pensions payments.

Subsection 10(2) provides the Commission may revoke an acute support package if it is satisfied the acute support package that was prepared for a member or former member, or person to whom any of subsections 7(3) to 7(7) apply, is no longer experiencing, or no longer at risk of experiencing, crisis. The Commission may revoke an acute support package if a person who is included in the support plan does not comply with a request made to the person under section 14. The Commission may revoke an acute support package if the Commission is satisfied, as a result of new and challenging life circumstances for the person for whom the support package was prepared, it is appropriate for the Commission to grant a new, revised acute support package to the person.

Subsection 10(3) provides the effect of revocation is the assistance or benefits must no longer be provided under a support plan in respect of that acute support package.

Section 11 provides the conditions and limits on assistance or benefits generally, including the total value of assistance or benefits that may be included in a support plan and the total period.

Subject to sections 12 and 13, the total value of assistance or benefits for a support plan prepared for a member, former member, former partner of a member or former member, or a related person of a member or former member is a maximum of $7,500 in relation to one or more periods during which assistance or benefits are to be provided that add up to 12 months (first year); and a maximum of $5,000 for one or more periods during which the assistance or benefits add up to a further 12 months (the second year).

The assistance provided in paragraph 11(1)(a) does not have to be accessed during one continuous period of time. A member, former member, former partner of a member or former member, or related person of a member or former member can access support included in a support plan to cover multiple periods of crisis. Limitations and the ending of support in relation to the overall period covering the assistance or benefits are set out in paragraph 11(2)(a).

The maximum period during which assistance or benefits included in a support plan can be accessed for a member, former member, former partner of a member or former member, or related person of a member or former member is either the earlier of:

1.    the end of the further 12-month period referred to in subparagraph (1)(a)(ii); or
2.    the end of a 48-month period starting on the day the support plan comes into effect.

This means that persons who have been granted assistance under the acute support package generally have a maximum period of 4 years to use the assistance or benefits.

As set out in paragraph 11(1)(b), for a support plan prepared for an acute support package granted to a wholly dependent partner of a deceased member, war widow or war widower, partner of a deceased member, parent or step-parent, a maximum of $27,835 every 12 months is able to be provided, for a continuous 24-month period commencing on the day the support plan comes into effect. Limitations and the ending of support in relation to the overall period covering the assistance or benefits are set out in paragraph 11(2)(b). Support will end at the end of the 24-month period mentioned in paragraph 11(1)(b).

Section 12 provides the conditions and limits on additional assistance or benefits for counselling that may be included in a support plan and the total period.

In addition to assistance provided for in section 11, assistance or benefits may be included in a support plan prepared for an acute support package granted to a member, former member, former partner of a member or former member, or for a related person of a member or former member in the form of a maximum of 4 courses of counselling every 12 months for a continuous 36 month period. The 36 month period starts on the day after the end of the period referred to in paragraph 11(2)(a) in relation to the support plan.

Section 13 provides the conditions and limits on additional assistance or benefits in relation to a child included in a support plan for the purposes of paragraph 8(2)(a) who is attending or not yet attending, primary school, including the total value of assistance or benefits included in the support plan and the total period.

In addition to assistance provided for in section 11, assistance or benefits may be included in the support plan in relation to a child for a continuous period starting on the later of the day the support plan comes into effect, or the day the child is included in the support plan, and ending on the first anniversary of the start of the period that occurs after the child has completed primary school. As set out in subsection 13(3), the value of assistance or benefits included in the support plan in relation to the child must not exceed:

1.    $10,000 every 12 months until the first occurring anniversary of the start of the period for which the child is attending primary school; and
2.    $5,000 every 12 months thereafter until the period ends, which is the first anniversary of the start of the period that occurs after the child has completed primary school.  

Subsection 13(4) clarifies that assistance or benefits provided under this section do not count towards the maximum amounts or periods referred to in section 11.

Section 14 provides that the Commission may request information from any person who has been named in a support plan in relation to the provision of assistance or benefits included in that support plan.

When this necessary information constitutes personal information, all information is collected, used and disclosed in accordance with the Privacy Act 1988. Information obtained from a person who is included in a support plan will not be disclosed to persons or entities outside of DVA without their consent, unless exceptions within the Privacy Act 1988 exist. DVA has established practices and procedures to ensure that personal information of veterans and their families is protected from misuse, interference and loss, as well as unauthorised access, modification or disclosure. In practice, sensitive information obtained as part of case management activities will be stored in ICT systems that are accessible only to approved users within DVA.

The note to this section has the purpose of providing clarity to confirm that failure to comply with a request may result in revocation of the acute support package set out in paragraph 10(2)(c).

Section 15 provides transitional provisions for acute support packages granted prior to 1 July 2026 under the Military Rehabilitation and Compensation (Defence Veterans’ and Families’ Acute Support Package) Instrument 2022 or Veterans’ Entitlements (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2022 which remain in effect is an acute support package for the purposes of this instrument.  

Consultation

The Acute Support Package program was initially implemented in response to the Senate Foreign Affairs, Defence and Trade References Committee’s report The Constant Battle: Suicide by Veterans. It also responds to Recommendation 19.2 of the Productivity Commission’s inquiry report A Better Way to Support Veterans. 

In respect of the VETS Act, DVA undertook extensive consultation with stakeholders, including three rounds of public consultation on the simplification and harmonisation of veterans’ portfolio legislation. The outcome of this process produced strong support from veterans, ex-service organisations and other stakeholders and informed the pathway to establish the Act as the sole, ongoing scheme for veterans’ compensation and rehabilitation from 1 July 2026.

The transition to a single ongoing and improved MRCA implements recommendations from the Royal Commission into Defence and Veteran Suicide. Through extensive consultation and evidence gathering, the Royal Commission found that navigating multiple legislative schemes is complex and can create confusion, resulting in poor outcomes for the veteran community and families of veterans. Following commencement of the VETS Act on 1 July, access to the acute support package that had operated across the VEA, the DRCA and the MRCA for veterans and families of veterans will be simplified and harmonised under the improved MRCA.  

Direct consultation specific to this instrument with individuals likely to be affected was not conducted because the instrument maintains the same policy settings for the acute support package by transferring existing eligibility criteria and ensures a continuation of the same assistance or benefits.

Human rights implications

This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.

Making the instrument

The instrument is made by the Military Rehabilitation and Compensation Commission.

Approved by

Military Rehabilitation and Compensation Commission

Rule-maker

Attachment A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Military Rehabilitation and Compensation (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2026

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (the recognised rights).

Overview of the Disallowable Legislative Instrument

The Military Rehabilitation and Compensation (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2026 (the Instrument) repeals the Military Rehabilitation and Compensation (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2022 (the Principal Instrument) to simplify and harmonise access to assistance or benefits provided in an acute support package for veterans and families of veterans.

Human rights implications

This instrument positively engages with the following human rights:

• the right to social security under article 9 of the International Covenant on Economic Social and Cultural Rights (ICESCR),
• the right to health under article 12(1) of the ICESCR, and
• the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

The Instrument will better enable the provision of targeted, flexible support to veterans and families of veterans experiencing new and challenging life circumstances. This support to veterans and families of veterans complements other services provided by the Department of Veterans’ Affairs (DVA) and other Government services.

Right to social security

The right to social security in article 9 of the ICESCR requires that a system be established under domestic law, and that public authorities must take responsibility for the effective administration of the system. The social security scheme must provide a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.

The Instrument promotes the right to social security by simplifying and harmonising access to the acute support package so that they better facilitate the provision of additional support and services to veterans and families of veterans when faced with challenging circumstances.

Right to health

The right to health in article 12(1) of the ICESCR is the right to the enjoyment of the highest attainable standard of physical and mental health. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.

The Instrument promotes the right to health by simplifying and harmonising access to the acute support package so that they better facilitate the provision of counselling to veterans and families of veterans, for critical mental health and wellbeing support when experiencing challenging life situations.

Right to Privacy

The right to privacy is engaged by provisions relating to the collection and use of personal information for the purposes of administering the acute support package. Any personal information collected or used under this instrument is handled in accordance with the Privacy Act 1988, including the Australian Privacy Principles. Information is collected only where necessary to determine eligibility, administer payments, or provide appropriate support, and is protected by safeguards to ensure privacy is maintained.

Consistent with the Australian Privacy Principles (APP), particularly APP 6 and APP 11, personal information collected pursuant to section 12 will only be used for the purpose in which it was collected, will not be disclosed unless APP 6.1(a) or (b) apply and will be securely stored and protected. As discussed above, the information collected will only be used by the Commission (or delegates of the Commission) to determine eligibility and types of assistance or benefits for the person.

Privacy, confidentiality and data handling governance are key DVA requirements in the collection and use of personal information. The collection and use of personal information is necessary, appropriate, and critical to the functioning of the acute support package to facilitate the assessment of a person’s eligibility and enable the determination of financial assistance to be provided to veterans or families of veterans under the acute support package.

Conclusion

The instrument engages positively with the right to social security, the right to health and the right to privacy and is compatible with human rights.

Military Rehabilitation and Compensation Commission

Rule-Maker