Veterans' Children Education Scheme Amendment Instrument 2017

Administered by Department of Veterans' Affairs

Legislation au F2017L00273 Not in force Legislative Instrument

Legislation content

 
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).

Overview

The Veterans’ Children Education Scheme Amendment Instrument 2017 (Instrument 2017 No. R4) was enacted to update the Veterans’ Children Education Scheme (VCES) under the Veterans’ Entitlements Act 1986. This legislative instrument sets out the circumstances in which the Repatriation Commission may provide education and training assistance to eligible children of veterans. The VCES provides educational allowances and training, with additional provisions for special assistance and tuition in appropriate cases. The primary problem this instrument addresses is the need to update the VCES following the repeal of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 and its replacement by the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017. The policy objective of these amendments is not to introduce any policy changes but to ensure the VCES refers accurately to the new determination, specifically concerning the “Long Tan Class of Person” and the “Long Tan Bursary.” The instrument was enacted by the Minister for Veterans’ Affairs, Dan Tehan, and it commenced on the day after registration.

Scope and Application

The Veterans’ Children Education Scheme Amendment Instrument 2017 (Instrument 2017 No. R4) amends the Veterans’ Children Education Scheme (VCES) under the Veterans’ Entitlements Act 1986 (VEA). The VCES provides educational assistance, primarily in the form of educational allowances and training, to eligible children of veterans. The instrument specifically updates the eligibility criteria for the Long Tan Bursary, a benefit for children of Vietnam veterans transitioning to tertiary studies. This update follows the repeal and re-making of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006, now replaced by the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017. This amendment ensures the VCES refers to the relevant provisions of the new determination, clarifying eligibility without effecting any policy change. The changes are applicable to eligible children of veterans, specifically those within the Long Tan Class of Person, ensuring they receive appropriate educational support.

Key Provisions

The Veterans’ Children Education Scheme Amendment Instrument 2017 (Instrument 2017 No. R4) updates the Veterans’ Children Education Scheme (VCES) under the Veterans’ Entitlements Act 1986 (VEA) (section 4). This legislative instrument primarily serves to modify the VCES to align with the recent repeal and remake of the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006, now replaced by the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (section 117(2) VEA). Specifically, the amendments involve updating references in the VCES to reflect the new determination. For instance, paragraph 2.1A.1 and paragraph 7.3.2 of the VCES have been revised to reference item 2 of the Schedule to the new determination (Schedule, Item 1 and Item 2). The Act imposes specific obligations on the Repatriation Commission, which administers the VCES. These obligations include ensuring that educational assistance, primarily educational allowances and training, is provided to eligible children of veterans (section 4). Additionally, the Act mandates that special assistance and additional tuition be made available in appropriate cases. The Commission must also adhere to the updated eligibility criteria, particularly those concerning the "Long Tan Bursary" for children of Vietnam veterans transitioning to tertiary studies (Schedule, Item 2). The VCES does not create new offences or penalties but updates the eligibility criteria for the Long Tan Bursary. The Long Tan Bursary can only be awarded to individuals within the "Long Tan Class of Person," and those within this class are ineligible for other VCES benefits if they are eligible solely due to being in this class (Schedule, Item 2). While the instrument itself does not introduce new penalties, failure to comply with the updated eligibility criteria could result in improper disbursement of benefits, potentially subjecting the Commission to administrative scrutiny and corrective actions. However, the instrument does not specify penalties for non-compliance.

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Education Law
Instrument
Legislative Instrument
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Commencement Provisions
Repeal & Amendment
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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.