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.
Overview
The Veterans' Entitlements (Counselling and Psychiatric Assessment – Older Former Children of Vietnam Veterans) Determination 2001 was enacted to address the specific needs of older former children of Vietnam veterans, providing them with access to essential mental health services that may mitigate risks of self-harm. This Determination was made under the authority of the Veterans' Entitlements Act 1986, and was approved by the Minister for Veterans' Affairs. The policy objective is to offer targeted support to a demographic that might otherwise be overlooked under the general provisions of the Act, recognising their unique vulnerabilities and the potential long-term impacts of their parents' service. The Repatriation Commission arranged for these services to be provided by the Vietnam Veterans Counselling Service, ensuring that the necessary support was available to those in need.
Scope and Application
The Veterans' Entitlements (counselling and psychiatric assessment – older former children of Vietnam veterans) Determination 2001 applies specifically to former children of Vietnam veterans who were 36 years of age or over on 1 July 2001, or who would attain 36 years of age by the end of 30 June 2006. These individuals are identified as being at an increased risk of self-harm and the provision of counselling services and/or psychiatric assessments aims to mitigate this risk. The treatment services include a broad range of offerings such as education programs, group therapy sessions, and information sessions, which are to be provided by the Vietnam Veterans Counselling Service as arranged by the Repatriation Commission, with the approval of the Minister for Veterans' Affairs. The eligibility period for these services is from 1 July 2001 to 30 June 2006, with specific conditions for those who reached 36 years of age during this period. Once eligibility commences, it applies to all relevant treatment services for the individual until 30 June 2006, regardless of whether all services are utilised. Notably, this Determination is beneficial and does not disadvantage any person or impose liabilities, ensuring it complies with subsection 48(2) of the Acts Interpretation Act 1901.
Key Provisions
The Veterans' Entitlements (counselling and psychiatric assessment – older former children of Vietnam veterans) Determination 2001 (Determination) sets out the conditions under which certain treatment is provided to specific individuals. This treatment includes counselling services and/or psychiatric assessments, and was organised by the Repatriation Commission, with the approval of the Minister for Veterans' Affairs, to be provided by the Vietnam Veterans Counselling Service at the time the Determination was made. Section 1 of the Determination specifies the range of counselling services that are included, such as education programs, group therapy programs, and information sessions. The eligibility for these services is restricted to former children of Vietnam veterans who were 36 years of age or older on 1 July 2001, or who will reach this age by the end of 30 June 2006. This group is considered to be at an increased risk of self-harm, and the availability of these services is intended to mitigate that risk. It is important to note that, under the Veterans' Entitlements Act 1986, a child of a veteran is typically defined as a person under 16 years of age, while those above this age are referred to as former children of veterans.
The Determination imposes specific obligations on the parties involved, primarily ensuring that the services are available to eligible individuals within the prescribed timeframes. Section 2 of the Determination outlines that for those who were 36 years of age or older on 1 July 2001, the services are available from that date until 30 June 2006. For those who will turn 36 by the end of 30 June 2006, the services are available from the date they turn 36 until 30 June 2006. Furthermore, Section 3 of the Determination clarifies that once an individual becomes eligible, the period of eligibility extends to all treatments they are entitled to receive, regardless of whether they utilise all services offered. This means that if an individual only uses counselling services and not psychiatric assessments, they do not retain eligibility for the latter beyond the specified end date.
In terms of compliance and enforcement, the Determination does not explicitly outline offences, penalties, or other legal consequences for non-compliance. However, the nature of the Determination as beneficial legislation suggests that it does not impose liabilities or disadvantage any person. Given that it does not specify punitive measures, it is likely that any non-compliance would be addressed through administrative means rather than legal penalties. The focus remains on ensuring that eligible individuals receive the necessary support within the stipulated timeframes.