EXPLANATORY NOTE
Veterans' Entitlements (counselling and psychiatric assessment – older former children of Vietnam veterans) Determination 2001
The attached Determination confers eligibility for certain treatment on a specific group of people.
The treatment is counselling services and/or psychiatric assessment and at the date of the attached Determination, the Repatriation Commission, with the approval of the Minister for Veterans' Affairs, had arranged for the relevant services to be provided by the Vietnam Veterans Counselling Service. Counselling services will encompass a broad range of services including: education programs, group therapy programs and information sessions.
The group of people eligible to receive the treatment are former children of Vietnam veterans where the person is 36 years of age or over on 1 July 2001 or, on 1 July 2001, the person will attain 36 years of age by the end of 30 June 2006. These people may be at increased risk of self-harm and the availability of the relevant services may diminish that risk. It should be noted that, generally speaking, under the Veterans' Entitlements Act 1986, a child of a veteran is a person under 16 years of age. Children above that age are former children of veterans.
In the case of former children who have reached 36 years of age on 1 July 2001, the treatment will be available on and from 1 July 2001 to and including 30 June 2006 and in the case of former children who, on 1 July 2001, will reach 36 years of age by the end of 30 June 2006, the treatment will be available on and from the time the person turns 36 years of age to the end of 30 June 2006.
Once a former child is eligible for treatment on and from a date then the period of eligibility runs in respect of all the treatment that the person is eligible to receive. The fact that a person may utilise counselling services but does not take advantage of a psychiatric assessment service does not mean the person is eligible for the psychiatric assessment service after 30 June 2006. Eligibility for counselling services and/or psychiatric assessment services ends on 1 July 2006.
The attached Determination could take effect before gazettal but it will not infringe subsection 48(2) of the Acts Interpretation Act 1901 in this regard because the Determination does not disadvantage any person or impose liabilities upon any person. The Determination is beneficial legislation.