EXPLANATORY STATEMENT
Veterans’ Children Education Scheme (Long Tan Bursary) Amendment Instrument 2018 (Instrument No. R92 of 2018)
EMPOWERING PROVISION
Subsection 117(8) of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
The purpose of the attached instrument (R92 of 2018) is to amend the Veterans’ Children Education Scheme (VCES) to extend eligibility for the Long Tan Bursary to “eligible grandchildren of Vietnam veterans” as defined in the Act.
The VCES establishes a range of financial and other benefits to assist eligible children with their primary, secondary or tertiary education. Part 7 of the VCES (paragraph 7.3) establishes the benefit known as the “Long Tan Bursary”.
The Long Tan Bursary awards financial scholarships to children of Vietnam veterans to improve their tertiary education outcomes. Eligibility for the Long Tan Bursary is currently limited to children (including adult children) of Vietnam veterans.
Amendments to the Act were made earlier this year – see schedule 4 to the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 2) Act 2018 – to establish the framework to extend eligibility for the Long Tan Bursary to include grandchildren of Vietnam veterans. The amendments commence on 1 July 2019.
Concurrent with this instrument, a legislative instrument (the Veterans’ Entitlement (Veterans’ Children Education Scheme – Long Tan Bursary) Determination 2018) will be made under new section 116CA of the Act to determine a class of persons for the purposes of the definition of “eligible grandchild of a Vietnam veteran” in subsection 116(1) of the Act.
The class determined by that instrument is, in essence, grandchildren, of veterans with Vietnam service, who are transitioning to tertiary study and in need of additional financial assistance to undertake that study.
New sections 116CB and 116CC of the Act enable a person to apply for, and the Repatriation Commission to make, a determination that a person falls within the class established by the legislative instrument made under section 116CA of the Act.
A person in respect of whom such a determination is made by the Repatriation Commission will be an “eligible grandchild of a Vietnam veteran” as defined in subsection 116(1) of the Act.
This instrument amends the Long Tan eligibility and related provisions of the VCES to include an “eligible grandchild of a Vietnam veteran” (within the meaning of the Act) thus enabling an award of the Long Tan Bursary to such persons in accordance with the “Long Tan Bursary Operational Guidelines” referred to in the VCES.
CONSULTATION
Section 17 of the Legislation Act 2003 requires the rule-maker to be satisfied that any consultation that is considered appropriate and reasonably practicable to undertake, has been undertaken.
Extension of eligibility for the Long Tan Bursary has been the subject of extensive consultation since 2011 that has included the Ex-service Organisation Round Table (ESORT), the Returned and Services League (RSL) and the Australian Veterans’ Children Assistance Trust (AVCAT).
AVCAT administers the Long Tan Bursary on behalf of the Department of Veterans’ Affairs. ESORT comprises the National Presidents and Chairpersons from a range of ex-service organisations, and members of the Repatriation Commission and the Military Rehabilitation and Compensation Commission. The forum aims to address issues of strategic importance to the ex-service and defence communities and assist in setting directions for the medium to long term.
In February 2017, the Minister for Veterans’ Affairs agreed to extending the Long Tan Bursary scholarships to include grandchildren of Vietnam veterans. All parties (ESORT, AVCAT and RSL entities) were in agreement.
The making of this instrument follows amendments to the Act earlier this year to establish the legislative framework to extend eligibility for the Long Tan Bursary to include the grandchildren of Vietnam veterans.
Accordingly, it is considered the requirements of section 17 of the Legislation Act 2003 have been met.
RETROSPECTIVITY
Nil.
DOCUMENTS INCORPORATED BY REFERENCE
No documents are incorporated-by-reference in the instrument.
REGULATORY IMPACT
Nil.
HUMAN RIGHTS STATEMENT
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The attached instrument engages the Right to Education contained in article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Article 13 of the ICESCR recognises the right of everyone to education. Relevantly, it recognises that secondary education, including technical and vocational secondary education, should be made generally available and accessible to all. Article 28 recognises the right of children to education.
The attached instrument amends the VCES to extend eligibility for the Long Tan Bursary to include eligible grandchildren Vietnam veterans.
Conclusion
The attached instrument is compatible with the right to education as it benefits the grandchildren of Vietnam veterans by making them eligible to apply for the Long Tan Bursary scheme. The Long Tan Bursary scheme is a financial scholarship that contributes to the financial cost of education and is paid to the children of Vietnam veterans to improve their education outcomes.
Accordingly, the attached instrument is considered to be human rights compatible.
Repatriation Commission
Rule-Maker
FURTHER EXPLANATION OF PROVISIONS
See: Attachment A
Attachment A
Veterans’ Children Education Scheme (Long Tan Bursary) Amendment Instrument 2018
Section 1
This section sets out the name of the instrument, the Veterans' Children Education Scheme (Long Tan Bursary) Amendment Instrument 2018.
Section 2
Section 2 provides for the instrument to commence immediately after the commencement of Schedule 4 to the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 2) Act 2018.
Schedule 4 to the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 2) Act 2018 commences on 1 July 2019.
Section 3
This section sets out the empowering provision of the Act for the making of the instrument – namely subsection 117(8) of the Act.
Subsection 117(8) of the Act authorises variations to the VCES by the Commission.
Subsection 117(9) of the Act requires the Minister’s approval to the variations in order for them to have effect.
Section 4
Section 4 provides that the Veterans’ Children Education Scheme is varied as set out in the Schedule to the instrument.
Schedule
Item 1
Item 1 inserts a definition of “eligible grandchild of a Vietnam veteran” in the interpretation provision (para 1.2.1) of the VCES. The term is defined to have the same meaning as it has in section 116(1) of the Act, namely:
“eligible grandchild of a Vietnam veteran” means a person determined under subsection 116CC(2) to be included in a class of persons that has been determined by the Commission under subsection 116CA(1) for the purposes of this definition.
Item 2
Item 2 repeals the definition of “Long Tan Bursary” in paragraph 1.2.1 of the VCES and substitutes the following definition of “Long Tan Bursary”:
Long Tan Bursary means the bursary that may be provided by the Commission under paragraph 7.3.2 of the Scheme to an appropriate Eligible child or eligible grandchild of a Vietnam veteran in order to assist the person with their tertiary education.
The substituted definition includes “eligible grandchild of a Vietnam veteran” after “Eligible child” in the definition. The word “child” is replaced with the word “person”.
The meaning of eligible grandchild and eligible child will include adult children and grandchildren as well as minors.
Item 3
Item 3 repeals and substitutes paragraph 7.3.2.
Paragraph 7.3.2 sets out the categories of persons who may be awarded the Long Tan Bursary by the Commission. New paragraph 7.3.2 provides as follows:
7.3.2 The Commission may award a Long Tan Bursary to:
(a) an Eligible child but only if the person is an Eligible child by virtue of a determination under subsection 116C(2) of the Act that the person is within a class of persons described in item 2 of the Schedule to the Veteran’ Entitlements (Veterans’ Children Education Scheme) Eligible Persons Determination 2017 (2017 No. R2); or
(b) an eligible grandchild of a Vietnam veteran.
Paragraph (a) restates the current law. Paragraph (b) adds the new category of “eligible grandchild of a Vietnam veteran”.
In accordance with the definition in the Act (mirrored in the VCES), a person will be an “Eligible grandchild of a Vietnam veteran” if the Commission has made a determination under subsection 116CC(2) of the Act that the person is included in a class of persons in a legislative instrument made under subsection 116CA(1) of the Act.
The Veterans’ Entitlement (Veterans’ Children Education Scheme – Long Tan Bursary) Determination 2018) - made under subsection 116CA(1) - determines a class of persons for the definition of “eligible grandchild of a Vietnam veteran” in subsection 116(1) of the Act.
The class determined are the grandchildren of veterans with Vietnam service who are transitioning to tertiary study and in need of additional financial assistance to undertake that study.
For clarity, there is no requirement that the child or grandchild be dependent on the Vietnam veteran in order to be eligible for the Long Tan Bursary.
Item 4
Item 4 amends paragraph 7.3.3 to insert “an eligible grandchild of a Vietnam veteran”.
Paragraph 7.3.3 sets out the matters the Commission is to take into account in deciding whether or not to award a Long Tan Bursary. The matters are those in the document approved by the Commission in September 2006 and known as the Long Tan Bursary Operational Guidelines.
Item 5
Item 5 amends paragraph 7.3.4 to insert “an eligible grandchild of a Vietnam veteran”.
Paragraph 7.3.4 as amended will provide that an eligible child, or an eligible grandchild of a Vietnam veteran, who is awarded a Long Tan Bursary is not entitled to another Long Tan Bursary.