Veterans' Children Education Scheme Amendment Instrument 2017

Administered by Department of Veterans' Affairs

Legislation au F2017L00273 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Veterans’ Children Education Scheme Amendment Instrument 2017

(Instrument 2017 No. R4)

 

 

EMPOWERING PROVISIONS

 

Subsection 117(2) of the Veterans’ Entitlements Act 1986 (VEA).

 

PURPOSE

 

The attached instrument (2017 No. R4) varies the Veterans’ Children Education Scheme (VCES) under the VEA.

 

The VCES is a legislative instrument that sets out the circumstances in which the Repatriation Commission (the Commission) may provide education and training to eligible children of veterans.  Under the VCES, eligible children are provided with educational assistance comprised chiefly of educational allowances and training.  Provision is also made for special assistance and additional tuition to be provided in appropriate cases.

 

The attached instrument updates the VCES consequentially on the repeal of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 – replaced by the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 following a recent sunset review and remake exercise.

 

That determination specifies classes of persons for the purposes of paragraph (e) of the definition of “eligible child” of a veteran in subsection 116(1) of the VEA, including a class of person (the “Long Tan Class of Person”) who are eligible for the benefit known as the “Long Tan Bursary” under the VCES.

 

The “Long Tan Class of Person” covers children of Vietnam veterans who are transitioning to tertiary studies and are capable of successfully completing those studies and are in need of financial assistance.

 

The “Long Tan Bursary” is established under paragraph 7.3 of the VCES.  Eligibility criteria for the “Long Tan Bursary” are set out in paragraphs 7.3.2 and 2.1A of the VCES (the eligibility paragraphs).  

 

The purpose of the attached instrument is to update the eligibility paragraphs of the VCES to refer to the provision of the new determination that sets out the “Long Tan Class of Person”.  That provision is Item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (Instrument 2017 No. R2).

 

 

 

No policy change is effected by these amendments; they merely update the VCES to refer to the relevant provision of the new determination.

 

Under the VCES, the Long Tan Bursary may only be awarded to a person who is within the “Long Tan Class of Person”.  Further, a person who is within that class is not eligible for other benefits under the VCES if the person is an “eligible child” only be virtue of being within the “Long Tan Class of Person”.

 

Further details of the attached instrument are set out in Attachment A.

 

CONSULTATION

 

Section 17 of the Legislation Act 2003 requires a rule-maker to be satisfied, before making a legislative instrument that any consultation the rule-maker considered appropriate and reasonably practicable, has been undertaken.

 

No external consultation was undertaken.  The amendments to the VCES are consequential in nature and flow from the re-making of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006.

 

Accordingly, it is considered the requirements of section 17 of the Legislation Act 2003 have been met.

 

RETROSPECTIVITY

 

None.

 

DOCUMENTS INCORPORATED BY REFERENCE

 

None.

 

REGULATORY IMPACT

 

None.

 

HUMAN RIGHTS STATEMENT

 

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

 

The attached legislative instrument does not engage an applicable right or freedom. 

The instrument makes a technical amendment to the VCES.  It updates certain paragraphs as a consequence of the repeal and remake of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006.

 

Conclusion

The attached legislative instrument does not engage a human right and therefore is compatible with human rights.

 

 

 

Dan Tehan

Minister for Veterans’ Affairs

 

Rule-Maker

 

 

FURTHER EXPLANATION OF PROVISIONS

 

See: Attachment A

 

 


Attachment A

 

Veterans’ Children Education Scheme Amendment Instrument 2017

 

 

Section 1

This section sets out the name of the instrument - Veterans’ Children Education Scheme Amendment Instrument 2017.

 

 

Section 2

This is the commencement provision. It provides for the instrument to commence on the day after registration.

 

 

Section 3

This section sets out the empowering provision for the instrument, namely subsection 117(2) of the Veterans’ Entitlements Act 1986.

 

 

Section 4

This section provides for the variations to the Scheme outlined in the Schedule to have effect.

 

Schedule 

 

Variations to the Veterans’ Children Education Scheme (the VCES)

 

Item 1

 

This item updates paragraph 2.1A.1 of the VCES to replace the reference to:

 

  • paragraph 2.1(c) of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 No. R26/2006

 

with a reference to:

 

  • item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2).

 

 

Item 2

 

This item updates paragraph 7.3.2 of the VCES to replace the reference to:

 

  • paragraph 2.1(c) of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 No. R26/2006

 

with a reference to:

 

  • item 2 of the Schedule to the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.