Military Rehabilitation and Compensation (Education and Training Scheme) Amendment Determination 2026

EXPLANATORY STATEMENT

Military Rehabilitation and Compensation (Education and Training Scheme) Amendment Determination 2026

EMPOWERING PROVISION

The Military Rehabilitation and Compensation Commission makes this instrument under:

• section 258 of the Military Rehabilitation and Compensation Act 2004 (the MRCA);
• section 24A of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (the MRCA CTP); and
• section 4 of the Acts Interpretation Act 1901.

PURPOSE

This instrument amends the Military Rehabilitation and Compensation (Education and Training Scheme) Determination 2025 which provides for the Military Rehabilitation and Compensation Act Education and Training Scheme (the MRCAETS). The MRCAETS helps eligible children achieve their full potential in full-time education or career training including through financial assistance, providing extra support where required and arranging guidance and counselling.

The purpose of the Military Rehabilitation and Compensation (Education and Training Scheme) Amendment Determination 2026 is to accommodate reforms under the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (the VETS Act).

From 1 July 2026, the Veterans’ Children Education Scheme (the VCES) will close and there will be a single ongoing Education Scheme administered under the MRCA, the MRCAETS. The VCES provisions in the Veterans’ Entitlements Act 1986 (the VEA) will be repealed.

The MRCAETS will be updated to incorporate VCES provisions such as the double orphan allowance and Long Tan Bursary. From 1 July, students who are currently receiving benefits and assistance under the VCES will be transitioned to the MRCAETS without the need to reapply, pursuant to section 111 of the MRCA CTP. From 1 July, VCES claims which have not yet been determined, will be determined under the MRCA (the MRCAETS). The instrument also contains transitional provisions which preserve the review rights of VCES decisions.

The VETS Act will include VCES concepts for the purposes of MRCAETS eligibility by new definitions VEA eligible child and VEA eligible grandchild. It will also include powers for the Commission to make determinations about classes of people who can be included in these definitions; and that a person can apply for a determination that they belong to that class. Pending applications for a determination to be included in the specified class under the VEA will be taken as an application under the MRCA pursuant to section 112 of the MRCA CTP.

The VETS Act changes also update the eligibility criteria for the MRCAETS to eligible dependants of Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (the DRCA) veterans, where the necessary MRCA eligibility criteria are met.

OVERVIEW

The purpose of the MRCAETS is to help eligible children achieve their full potential in full-time education or career training including through financial assistance, providing extra support where required and arranging guidance and counselling. 

The amendments made by this instrument maintain the same policy settings (VCES and MRCAETS) by incorporating existing cohorts of eligible dependants under the VCES as well as the Long Tan Bursary eligibility and administration arrangements into the MRCAETS.  

Delegated powers

Subsection 384 of the MRCA provides the Commission may delegate any of its functions or powers under any legislative instrument made under the MRCA. 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 MRCAETS.

Delegates who administer the MRCAETS receive training to ensure they possess the relevant skills and knowledge to make necessary decisions under the scheme. In addition, delegates have access to a range of resources and expertise to assist them in administering the scheme.

Further safeguards exist through the review rights under the scheme if a veteran 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

Part 9 of the MRCAETS sets out the process for review of decisions by the Commission and sets out when an application may be made to the Administrative Review Tribunal for review of a decision. Schedule 1 – Transitional Provisions contains transitional provisions related to preservation of review rights for VCES decisions.

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 258 of the MRCA, section 24A of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 and section 4 of the Acts Interpretation Act 1901. These provisions facilitate the exercise of the amended power before its commencement on 1 July 2026.

Section 4 is a standard provision used in instruments that amend or repeal other instruments. It gives effect to Schedule 1.

Schedule 1—Amendments

The amendments in the schedule affect the Military Rehabilitation and Compensation (Education and Training Scheme) Determination 2025

Item 1 – After section 1.4

This item inserts new section 1.4A to clarify that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. It activates the new schedule added to the instrument to organise the transitional provisions.

Items 2 and 3 – Section 1.5.1 and 1.5.2

These items insert ‘eligible young people and other children’ / ‘eligible young people or other children’ in place of ‘eligible children’ within the description of the purpose of the scheme to mirror changes to the MRCA and incorporate eligibility derived from the VEA, for example the double orphan and Long Tan Bursary that are added and referenced in this instrument (see items 5, 7, 9, 12, 14, 15, 16, 17, 19, 24, 28, 29, 30, 31, 33 and 34 of Schedule 1). The amendment ensures that VCES eligibility is reflected within the purpose of the MRCAETS because eligible children is a reference to the MRCA only.  

Item 4 – Section 1.6.1, paragraph (c)

This item substitutes paragraph 1.6.1(c) in relation to general administration of the MRCAETS. The provision is removed to ensure a claim and the application process for education assistance are consistent with subsections 258(2), 319 and 320 of the MRCA (see items 6 and 13 of Schedule 1).

Item 5 – Section 1.7, the note

This item substitutes the note in section 1.7 with new sections (a), (b), (c) and (d). The new note clarifies a number of expressions used in this instrument are defined in the MRCA citing the relevant provision, with new inclusions VEA eligible child and VEA eligible grandchild defined in s 257A of the MRCA and introduced to reflect incorporation of the VCES.

Item 6 – Section 1.7.1, definition of assistance

This item inserts a new definition claim which means the claim referred to in subsection 258(2) of the MRCA, that is a claim made under section 319 must be made in respect of the eligible young person, a VEA eligible child or VEA eligible grandchild in order to be provided with education and training under the scheme. The new definition clarifies that claims for MRCAETS must be made in accordance with the claims provisions in the MRCA.

The use of claim referenced in other provisions has been amended for consistency (see items 4, 13, 18, 20, 22, 26, 27 and 33 of Schedule 1).

Item 7 – Section 1.7.1, definition of disqualifying education costs of scholarship

This item inserts a new definition double orphan to reflect incorporation of the VCES. The term double orphan means a VEA eligible child who does not have a parent, or a VEA eligible child who has one parent and the deceased parent was a member or veteran by reference to whom the child is a VEA eligible child and the Commission is satisfied that the child is not being maintained by the surviving parent. For the purposes of this definition, “parent” includes an adoptive parent or step parent and the terms “member” (as shorthand for a member of the Forces or a member of a Peacekeeping Force) and “veteran” take their meanings from s 257A of the Act, which draws on the meaning those terms had in the VEA.

The new definition outlines relevant criteria to assist with determining the eligibility for the double orphan rate of education allowance, a benefit previously provided under the VCES (see new section 3.6A, inserted by item 14 of Schedule 1).

Item 8 – Section 1.7.1, definition of full-time, paragraph (b)

This item substitutes text within the definition of full-time to remove a comma between tertiary and technical to correct a grammatical error. The amendments do not change the operation of the provisions.

Item 9 – Section 1.7.1, definition of income support bonus test day

This item inserts new definition Long Tan Bursary or bursary to reflect incorporation of the VCES (see new section 8.5, inserted by item 27 of Schedule 1).

Item 10 – Section 1.7.1, definition of Repatriation Commission

This item omits the definition of Repatriation Commission because Commission is defined by the MRCA (see section 1.7, inserted by item 5 of Schedule 1). 

Item 11 – Section 1.7.1, definition of Veterans’ Children Education Scheme 

This item substitutes text within the definition to clarify the term Veterans’ Children Education Scheme that was in force immediately before 1 July 2026. The amendment to the definition reflects VCES closure.

Item 12 – Section 2.1.1

This item substitutes section 2.1.1. The new provision retains the content of the former section with formatting amendments and inserts VEA eligible child to reflect incorporation of the VCES. This definition does not include VEA eligible grandchild because this cohort is specific to the Long Tan Bursary in line with current practice for VCES operation. The new provision outlines relevant criteria to assist with determining eligibility for education and training assistance or entitlements.

Item 13 – Sections 2.2 and 2.3

This item omits sections 2.2 and 2.3 relating to claim for benefits and who may claim. The provisions are removed to ensure a claim and the application process for education assistance are consistent with subsections 258(2), 319 and 320 of the MRCA (see new claim definition, inserted by item 5 of Schedule 1). The VETS Act will add section 112 to the MRCA CTP, which provides that an application under the VCES is taken to be a claim under section 258(2) of the MRCA. These amendments ensure that the claim and application process incorporate the VCES and MRCAETS into a single ongoing scheme consistent with the MRCA.

The use of claim referenced in other provisions has been amended for consistency (see items 4, 6, 18, 20, 22, 26, 27 and 33 of Schedule 1).

Item 14 – After section 3.6

This item inserts new section 3.6A Double orphan education allowance to reflect incorporation of the allowance from the VCES. The new provision sets out that a double orphan who is also a secondary student or tertiary student is entitled to be paid an education allowance at the double orphan rate for the purpose of the student’s education and training. The new provision outlines that the fortnightly payment of the allowance should be made for a secondary student under 16 years of age – to the person who is paid pension on behalf of the student, or in any other case to an appropriate person; for a secondary student who has attained 16 years of age – to an appropriate person who will have the option of directing payment to the student; and a tertiary student – to the student. This provision is transitioned from the VCES without policy changes to the MRCAETS in line with current practice.

The allowance for double orphans and payment rate is added and referenced in this instrument (see items 7, 15, 16, 17, 19, 24, 28, 29, 30 and 31 of Schedule 1).  

Item 15 – Section 3.8.1

This item substitutes section 3.8.1 regarding payment amounts for students under 16 years of age. The new provision inserts subsection 3.8.1(d) relating to secondary students who are under 16 years old and who are also double orphans. The new provision amends subsections 3.8.1(a) (b) and (c) to update each of the amounts payable under allowance figures for education allowance available to each group. Note 2 and Note 3 have been amended to clarify the education allowances payable under this section are the rates payable on 1 January 2026, and indexation under 3.8.2 occurs every 1 January.

Item 16 – Section 3.8.2

These items make technical amendments to include new subsection 3.8.1(d) as a consequence of the amendments to section 3.8.1, inserted by item 13 of Schedule 1. The provisions are updated to include and make reference to double orphan education allowance as it was not previously in the instrument.

Item 17 – Section 4.1.1, definition of clean energy underlying payment, paragraph (d)

This item makes technical amendments to include new subsection 3.6A (double orphan education allowance) as a consequence of amendments inserted by item 13 of Schedule 1. The provisions are updated to include and make reference to double orphan education allowance as it was not previously in the instrument.

Item 18 – Section 4.8.5

This item omits section 4.8.5 in relation to a claim for the energy supplement. The provision is removed to ensure a claim and the application process for education assistance are consistent with subsections 258(2), 319 and 320 of the MRCA (see item 6 and 13 of Schedule 1).

Item 19 – Section 5.1.1

This item makes technical amendments to include reference to subsection 3.6A (double orphan education allowance) inserted by item 13 of Schedule 1. The provisions are updated to include and make reference to double orphan education allowance as it was not previously in the instrument.

Item 20 – Section 5.6

This item omits section 5.6 in relation to a claim for the income support bonus. The provision is removed to ensure a claim and the application process for education assistance are consistent with subsections 258(2), 319 and 320 of the MRCA (see items 6 and 13 of Schedule 1).

Item 21 – Section 5.7.1

This item makes a technical correction to substitute ‘eligible student’ with ‘the student’ because it is not used in the section and does not have a special meaning. This does not change the operation of the provision.

Item 22 – Section 6.1.2

This item omits section 6.1.2 in relation to a claim for guidance and counselling. The provision is removed to ensure a claim and the application process for education assistance are consistent with subsections 258(2), 319 and 320 of the MRCA (see items 6 and 13 of Schedule 1).

Item 23 – Section 6.1.3, paragraph (b)

This item makes a technical amendment to remove or from section 6.1.3(b) to clarify that the discretion of the Commission applies in all cases of referrals made with respect to guidance and counselling. The amendment reflects the intended operation of the provision and current administrative practice and does not alter eligibility or entitlements.  

Item 24 – Section 7.5.1

This item inserts or ‘double orphan’ rate after ‘living from home’ rate within the description for rent assistance payment entitlement to incorporate the VCES. The provision is updated to include and make reference to double orphan rate as it was not previously in the instrument.

Item 25 – Section 8.1.2

This item makes a technical correction to substitute ‘an eligible student’ with ‘the student’ because it is not used in the section and does not have a special meaning. This does not change the operation of the provision.

Item 26 – Section 8.2.2

This item omits section 8.2.2 in relation to a claim for the student start-up scholarship payment. The provision is removed to ensure a claim and the application process for education assistance are consistent with subsections 258(2), 319 and 320 of the MRCA (see items 6 and 13 of Schedule 1).

Item 27 – Section 8.3.2

This item omits section 8.2.2 in relation to a claim for the relocation scholarship payment. The provision is removed to ensure a claim and the application process for education assistance are consistent with subsections 258(2), 319 and 320 of the MRCA (see items 6 and 13 of Schedule 1).

Item 28 – Section 8.3.3, paragraph (a)

This item inserts ‘(being a living away from home, homeless student, or double orphan allowance)’ in place of ‘(living away from home) or homeless allowance’ within the eligibility criteria for the relocation scholarship payment to reflect incorporation of the double orphan allowance from the VCES. The provisions are updated to include and make reference to double orphan rate as it was not previously in the instrument.

Item 29 – Section 8.3.3, paragraph (b)

This item makes a technical correction to substitute ‘the education allowance (living away from home) or homeless allowance’ with ‘that allowance’ within the eligibility criteria for the relocation scholarship payment to simplify the provision as consequence of the amendment in section 8.3.3(a) (see item 28 of Schedule 1).

Items 30 and 31 – Section 8.3.8(b)(ii) and Section 8.3.10(b)(ii)

These items insert ‘or a double orphan allowance for a tertiary student’ after ‘a living away from home allowance for a tertiary student’ within provisions relating to the relocation scholarship payment. The provisions are updated to include and make reference to double orphan rate as it was not previously in the instrument.

Item 32 – At the end of Part 8

This item inserts new section 8.5 in relation to the Long Tan Bursary, which was previously set out at section 7.3 of the VCES instrument. The policy settings of the Long Tan Bursary under the VCES are retained with necessary drafting changes to bring under the MRCAETS.

Section 8.5.1 provides that the Commission may create a bursary to assist a person with their tertiary education to be known as the Long Tan Bursary and the Commission may determine the duration and value of the bursary and the number of bursaries to be granted in any calendar year. The new provision replicates the former VCES provision (see section 7.3.1 of the VCES Instrument).  

Section 8.5.2 provides the Commission may only award a Long Tan Bursary to a person who is a VEA eligible child who is in the Long Tan Class of Person, or a VEA eligible grandchild. The meaning of these terms is set by instruments made under s 257B of the MRCA. The existing instruments made under subsections 116A and 116CA of the VEA are brought across by section 112 of the MRCA CTP and incorporated in section 257B of the MRCA. Section 8.5.2 limits the scope of the Long Tan Bursary to people who meet the class determinations, and that these are existing policy settings from the VEA transferred by the broader amendments made by the VETS Act.

Section 8.5.3 provides that in deciding whether to award a bursary to a person, the Commission must take into account any matter that the Commission thinks is relevant. The new provision makes technical amendments to incorporate former provisions of the VCES by replacing ‘Eligible child or eligible grandchild of a Vietnam veteran’ with the plainer ‘person’ (see section 7.3.3 of the VCES Instrument). The amendment does not change the operation of the provision.

Section 8.5.4 provides that the Commission may award a bursary subject to conditions stated in the document offering the bursary to the person (however described). The new provision replicates former provisions of the VCES (see section 7.3.3A of the VCES Instrument).

Section 8.5.5 provides that a person who is awarded a Long Tan Bursary is not entitled to receive another Long Tan Bursary. The new provision makes technical amendments to incorporate former provisions of the VCES by replacing ‘Eligible child or eligible grandchild of a Vietnam veteran’ with the plainer ‘person’ (see section 7.3.4 of the VCES Instrument). The amendment does not change the operation of the provision.

Section 8.5.6 provides that the Commission may suspend or terminate a Long Tan Bursary in respect of a person awarded the bursary if the person fails to comply with a condition imposed under section 8.5.4. The new provision replicates former provisions of the VCES (see section 7.3.4A of the VCES Instrument). A decision made by the Commission to suspend or terminate a bursary is subject to the review rights set out in Part 9 of the Instrument, including independent merits review by the Administrative Review Tribunal.

Section 8.5.7 provides if the Commission suspends or terminates the bursary, the Commission must give the person written notice stating that the bursary is suspended or terminated, and the day the suspension or termination takes effect. The new provision replicates former provisions of the VCES (see section 7.3.4B of the VCES Instrument).

Section 8.5.8 provides for paragraph 8.5.7(b), the Commission may state a date that is on or after the day the person fails to comply, or begins to fail to comply, with the condition. The note to this section sets out that an overpayment may be recovered under section 415 of the MRCA. The new provision makes technical amendments to incorporate the former VCES by replacing the overpayment recovery section with the applicable MRCA (see section 7.3.4C of the VCES Instrument). The amendment does not change the operation of the provision.

Section 8.5.9 provides a Long Tan Bursary may be administered by the Commission or an organisation contracted by the Commission. The new provision makes technical amendments to incorporate former provisions of the VCES whilst removing the reference to administration power (see section 7.3.5 of the VCES Instrument). The amendment does not change the operation of the provision.

Section 8.5.10 provides that for the purposes of section 8.5.9, where the Commission contracts with another person to administer the Long Tan Bursary, the Commission may enter into financial arrangements with that person whereby (without limitation) that other person is paid to administer a Long Tan Bursary (administration fee) and any such administration fee may be drawn from the funds appropriated by the Commonwealth for the administration of the scheme. The new provision makes technical amendments to incorporate former provisions of the VCES whilst removing reference to administration power and a contractor (see section 7.3.6 of the VCES Instrument). The amendment does not change the operation of the provision.

Section 8.5.11 provides that administer, in relation to the Long Tan Bursary, includes the following:

• accept and assess an application for the bursary;
• award or refuse to award the bursary to an applicant;
• impose conditions on a bursary;
• monitor and report on a recipient of the bursary;
• carry out the action mentioned in section 8.5.6 and 8.5.7.

This part of the new provision replicates former provisions of the VCES, noting that references are updated to the applicable sections of this instrument only (see section 7.3.7 of the VCES Instrument).

Section 8.5.11 provides that Long Tan Class of Person means the class known by that name in an instrument made for the purposes of subsection 257B(1) of the MRCA. Related to the discussion regarding section 8.5.2, while the instruments made under ss 116A and 116CA of the VEA use a slightly different definition of Vietnam service than the expression in s 257B(2) of the MRCA, it is the same in effect because the VEA provisions (ss 6C, 6E, Sch 2) are replicated in the MRCA (ss 446, 450 and 451). This provision is simpler than the approach in the VCES, which directly refers to part of the instrument made under s 116A.

Item 33 – Section 9.1.1

This item substitutes section 9.1.1 regarding giving notice of a decision made under the MRCAETS. The provision sets out the Commission must give written notice of a decision made under the MRCAETS (other than a decision under section 9.1.3) to: the student who is seeking or receiving the assistance, and if another person made the claim on behalf of the student – that person; and if the student is under 18 years old – all appropriate people in relation to the student. The note provides that section 16 of the Administrative Review Tribunal Rules 2024 sets out the matters to which the Commission must have regard in giving notice about a decision under this section. The amended provision is consequential upon the new definition of claim and ensures the application process for education assistance is consistent with subsections 258(2), 319 and 320 of the MRCA (see items 6 and 13 of Schedule 1).

Item 34 – Part 10

This item substitutes Part 10 and inserts new Schedule 1 – Transitional provisions. Moving the existing transitional provisions contained in Part 10 into a Schedule aligns with modern drafting practice and facilitates the addition of further transitional provisions.

The new Part 1 – Transition from old Scheme replicates former Part 10 of the MRCAETS with technical amendments to headings and numbering that do not change the operation of the provisions.

Part 1 – Transition from old Scheme

Clause 1 defines terms used in Part 1. The new provision replicates former section 10.1 of the MRCAETS.

Clause 2 provides the operation of the Acts Interpretation Act 1901, section 7. The new provision replicates former section 10.2 of the MRCAETS.

Clause 3 provides the eligibility for assistance. The new provision replicates former section 10.3 of the MRCAETS.

Clause 4 sets out where claims not decided before the remake day. The new provision replicates former section 10.4 of the MRCAETS.

Clause 5 set out where review applied for but not decided before the remake day. The new provision former replicates section 10.5 of the MRCAETS.

Clause 6 sets out the right to apply for review before remake day. The new provision replicates former section 10.6 of the MRCAETS.

Clause 7 sets out the review by Tribunal before remake day. The new provision replicates former section 10.7 of the MRCAETS.

The new Part 2 – Incorporation of the VCES is introduced to consolidate education and training assistance or entitlements under the MRCAETS.

Part 2 – Incorporation of Veterans’ Children Education Scheme

Clause 8 defines transition day which means the day that the Military Rehabilitation and compensation (Education and Training Scheme) Amendment Determination 2026 commenced.

Clause 9 provides this clause applies to a claim or application made in accordance with sections 2.2 and 2.3 of the MRCAETS as in force immediately before the transition day; and not determined before the transition day. The Commission may determine the claim or application as if sections 2.2 and 2.3 of the MRCAETS had not been repealed. This savings provision ensures that an application made and not determined is continued in the MRCAETS.  

Clause 10 provides for the purposes of the MRCAETS, the definition of double orphan applies in relation to a person whether the person became a double orphan before, on or after the transition day (see section 1.7.1, inserted by item 6 of Schedule 1). This transitional provision ensures that eligibility for double orphan is continued in the MRCAETS, even if that person became a double orphan before 1 July 2026. This provision is beneficial and does not cause detriment to any person. It is intended to ensure where a person was or might be eligible as a double orphan under the VCES this will continue in the MRCAETS. The retrospectivity of this provision is beneficial for students who are double orphans as it continues eligibility without the need for reassessment.

Clause 11 provides the Long Tan Bursary established under section 7.3 of the VCES is continued by, and may be dealt with under, section 8.5 of the MRCAETS (see section 8.5, inserted by item 26 of Schedule 1). The continuation of the Long Tan Bursary extends to any arrangement entered into by the Commission by another person regarding the administration of the Long Tan Bursary, if that arrangement is in force immediately before the transition day. A bursary granted to a person under section 7.3 of the VCES and in effect immediately before the transition day continues in effect on and after the transition day, and may be dealt with, as if it had been made under the MRCAETS.

Clause 12 provides the preservation of review rights regarding a VCES decision, which includes where a review period has not expired before the transition day, an application for review was made but not determined before transition day and how the MRCAETS applies to review rights described in this clause.

Subclauses 12(1) and (2) applies where a person has received a notice under the VCES of a reviewable decision, an application for review has not been made and immediately before the transition day, the timeframe specified in the VCES to make an application has not expired. The person may apply for review of the decision under Part 9 of the MRCAETS as if the notice received under the VCES had been provided under section 9.1.1 of the MRCAETS. These provisions set out the review rights for a person where a review period has not expired before the transition day.

Subclause 12(3) provides that Part 9 of the MRCAETS applies to an application for review of a VCES reviewable decision made but not determined under the VCES before the transition day, as if that application had been made under the MRCAETS on the day it was made. This provision sets out the VCES reviews on hand but not determined will be dealt with under the MRCAETS under Part 9, which includes the ability to make an application to the Administrative Review Tribunal.

Subclause 12(4) provides for the purposes of subclauses (2) and (3), the provisions of the MRCAETS apply to the allowance or other benefit the subject of the VCES reviewable decision either: where section 111 of the MRCA CTP applies to the allowance or other benefit – as the MRCAETS applies to the benefit or allowance under that section; or in any other case – as if the allowance or other benefit was provided (with any necessary modifications) under the provisions of the MRCAETS. This provision set out how the MRCAETS applies in relation to review rights described in clause 12.

Subclause 12(5) provides definitions used in this clause:

• MRCA CTP means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
• VCES reviewable decision means a decision to which section 8.2 of the VCES applied.

Consultation

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 education and training assistance or entitlements that had operated across the VEA and the MRCA for veterans and families of veterans will be simplified and harmonised under the improved MRCA. 

In respect of the VETS Act, the Department of Veterans’ Affairs 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 MRCA as the sole, ongoing scheme for veterans’ compensation and rehabilitation from 1 July 2026.

Direct consultation specific to this instrument with individuals likely to be affected was not conducted because the instrument maintains the same policy settings of the education and training assistance or entitlements available by incorporating existing eligibility criteria from the VCES and ensuring a continuation of the same assistance or benefits under the MRCAETS.

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

Minister for Veterans’ Affairs

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 (Education and Training Scheme) Amendment Determination 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 (Education and Training Scheme) Amendment Determination 2026 (the Instrument) amends the Military Rehabilitation and Compensation (Education and Training Scheme) Determination 2025 (the Principal Instrument) and incorporates the Veterans’ Children Education Scheme (VCES) to maintain the same policy settings as the former education and training assistance or entitlements available prior to 1 July 2026. Amendments to the Instrument incorporate existing cohorts of eligible dependants under the VCES and eligibility and arrangements for the Long Tan Bursary.

Human rights implications

This instrument positively engages with the following human rights:

• the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR),
• the right to social security contained in Article 9 of the ICESCR,
• the right to work contained in Article 6 of the ICESR, and
• the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

Right to Education, Social Security and Work

The instrument will enable the Commission to pay education allowances and provide other financial assistance and student support services to eligible children of severely injured veterans or veterans who have died as a result of their service. It enables ongoing support that assists students to engage in and complete education, particularly where financial barriers may exist. By providing targeted financial assistance to children who may be disadvantaged by their parent’s service, the MRCAETS safeguards their right to education and extends social security measures that assist with the costs associated with study. To the extent that the instrument supports students in undertaking education or career training that supports their ability to participate in the workforce, it also promotes the right to work.

Both the MRCA and the VEA have education schemes which offer financial assistance, student support services and counselling to the children of certain eligible veterans. The amendments are compatible with the right to an education.

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 Education Scheme. 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.

Privacy, confidentiality and data handling governance are key Department of Veterans’ Affairs 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 scheme to facilitate the assessment of a person’s eligibility and enable the determination of financial assistance to be provided to a veterans or families of a veteran under the MRCAETS.

Conclusion

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

Minister for Veterans’ Affairs

Rule-Maker