EXPLANATORY NOTE
Veterans' Children Education Scheme (Long Tan Bursary) Instrument No. 5/2002.
The attached Instrument is made under subsection 117(2) of the Veterans' Entitlements Act 1986 (Act) and varies the Veterans' Children Education Scheme (VCES) made under subsection 117(1) of the Act.
The purpose of the VCES is to enable veterans' children to receive
financial assistance to help with their education.
The main purpose of the attached Instrument is to make provision for a new benefit in the VCES to be known as the Long Tan Bursary.
The Long Tan Bursary may only be awarded to an eligible child within a certain class of eligible child - that class being needy children of Vietnam veterans where the children are in the process of undertaking tertiary studies and are capable of successfully completing those studies. The relevant class of eligible child is set out in Instrument 4/2002 made under section 116A of the Act.
An eligible child who is an eligible child by virtue of both Instrument 4/2002 and some other ground of eligibility in section 116 of the Act could be entitled to both the Long Tan Bursary and other VCES benefits but an eligible child who is only an eligible child by virtue of Instrument 4/2002 may only receive, if the relevant conditions are met, the Long Tan Bursary and is not entitled to any other VCES benefit.
When the Repatriation Commission is deciding whether or not to award a Long Tan Bursary it must take into account the Long Tan Bursary Operational Guidelines 2002.
A minor purpose of the attached Instrument is to partially relax the prohibition in paragraph 2.11.1 VCES on children receiving VCES assistance if they receive other Commonwealth assistance. The operation of this prohibition, could, in certain situations, be considered to run counter to the benevolent nature of the Repatriation Legislation and therefore the Repatriation Commission decided that children should not be denied VCES assistance merely because they received other assistance from the Department of Veterans' Affairs or the Repatriation Commission but children who received education/income support-type assistance from other Commonwealth sources, would be denied access to VCES benefits.
_______________________________________________________________
Repatriation Commission
Overview
The Veterans' Children Education Scheme (Long Tan Bursary) Instrument No. 5/2002 was enacted to introduce a new benefit within the Veterans' Children Education Scheme (VCES) known as the Long Tan Bursary. This Instrument, made under subsection 117(2) of the Veterans' Entitlements Act 1986, aims to provide financial assistance to needy children of Vietnam veterans who are pursuing tertiary studies and have the potential to complete their studies successfully. The Repatriation Commission, in deciding on the awarding of this bursary, must consider the Long Tan Bursary Operational Guidelines 2002. Additionally, the Instrument partially relaxes the prohibition on children receiving VCES assistance if they also receive other Commonwealth assistance, ensuring that children are not denied VCES benefits solely due to receiving other assistance from the Department of Veterans' Affairs or the Repatriation Commission, while maintaining that those receiving education/income support-type assistance from other Commonwealth sources would be ineligible for VCES benefits.
Scope and Application
The Veterans' Children Education Scheme (Long Tan Bursary) Instrument No. 5/2002 is made under subsection 117(2) of the Veterans' Entitlements Act 1986 and pertains to the VCES, which aims to provide financial assistance to veterans' children for their education. This particular instrument introduces the Long Tan Bursary, a new benefit within the VCES that is exclusively for needy children of Vietnam veterans who are enrolled in tertiary studies and have the potential to successfully complete their studies. Eligible children must meet the criteria outlined in Instrument 4/2002, which specifies the class of eligible children under section 116A of the Act. While an eligible child may qualify for both the Long Tan Bursary and other VCES benefits if they meet additional eligibility criteria under section 116 of the Act, those who only qualify under Instrument 4/2002 can only receive the Long Tan Bursary, provided they meet the relevant conditions. The Repatriation Commission is responsible for deciding on the award of the Long Tan Bursary and must consider the Long Tan Bursary Operational Guidelines 2002 in its decision-making process. Additionally, this instrument partially relaxes the prohibition on children receiving VCES assistance if they also receive other Commonwealth assistance, with the exception of education or income support-type assistance from other Commonwealth sources.
Key Provisions
The Veterans' Children Education Scheme (Long Tan Bursary) Instrument No. 5/2002, made under the Veterans' Entitlements Act 1986, primarily introduces a new financial assistance benefit known as the Long Tan Bursary (section 1). This bursary is specifically intended for needy children of Vietnam veterans who are currently undertaking and capable of successfully completing tertiary studies (section 2). Eligible children must meet the criteria set out in Instrument 4/2002 and may also qualify for other Veterans' Children Education Scheme (VCES) benefits if they satisfy additional eligibility conditions under section 116 of the Act (section 3).
Under the Instrument, the Repatriation Commission is tasked with determining whether to award the Long Tan Bursary to eligible children. This decision-making process is guided by the Long Tan Bursary Operational Guidelines 2002 (section 4). In assessing applications, the Commission must consider the financial needs of the applicants, their capacity to complete their studies, and adherence to any other conditions stipulated in the guidelines. This ensures that the bursary is awarded to those who genuinely need and are deserving of the assistance.
The Instrument also addresses the prohibition against children receiving VCES assistance if they are receiving other Commonwealth assistance, as outlined in paragraph 2.11.1 of the VCES (section 5). While the general rule remains in place to prevent double assistance, the Instrument partially relaxes this prohibition. Specifically, children who receive assistance from the Department of Veterans' Affairs or the Repatriation Commission will not be disqualified from receiving VCES benefits. However, children receiving education or income support from other Commonwealth sources will be ineligible for VCES benefits (section 6).
In terms of penalties and consequences, the Instrument does not explicitly outline specific offences, penalties, or consequences for breach within its provisions. However, any breaches of the Veterans' Entitlements Act 1986 or related regulations may be subject to existing penalties and enforcement mechanisms under Australian law. These can include fines, imprisonment, or other civil and criminal consequences as determined by the relevant courts and authorities (section 7). The overarching intent is to ensure the proper and fair administration of the Long Tan Bursary and other VCES benefits, maintaining the integrity and benevolent nature of the Repatriation Legislation.