EXPLANATORY NOTE

Veterans’ Entitlements Act 1986

Section 88A

Veterans' Entitlements Determination

(counselling and psychiatric assessment – former dependants of Vietnam veterans) 2000.

What is the Determination about?

1. The attached Determination specifies the classes of persons who will be eligible for treatment of a specified kind in the Veterans' Entitlements Act 1986 (the Act).

What is the background to the Determination?

2.                 A Report of A Study of the Health of Australia’s Vietnam Veteran Community was released in 1998.  That Study found the responses to investigations reported serious adverse (psychological) effects on current or past partners of Vietnam veterans, and raised serious concerns about the health of the children of Vietnam veterans.

3.                 The issues relating to the health of the children were part of a further review undertaken to validate the earlier findings.  This Validation Study, reported in 1999, noted the largest group of the veterans’ children were aged 25 – 29, and found suicides were more prevalent in veterans’ children than the Australian community standard.

4.                 In the 2000 Budget, the Government announced a range of initiatives in response to these and other findings from the Studies.  These initiatives included recognition of the continuing needs of those who had been a partner of a Vietnam veteran and of children who had ceased to fall within the description of a child in the Act because of their age or changes in their dependency on the veteran.  The Act provides for a child of a veteran to be eligible for the provision of counselling services.

5.                 Schedule 1 of the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 amended the Act to provide a statutory framework for these initiatives.   The attached Determination describes the classes of persons, comprising former partners and children, who are to be eligible for the provision of specified treatment in the Act.

Commencement

6.                 Schedule 1 of the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 commenced on the day on which that Act receives the Royal Assent.  The attached Determination is to commence from the date of commencement of the amendments to the Act.

Definitions

7.                 The terms used in the attached Determination are defined.

8.                 References to the Act are to be taken as references to the Veterans' Entitlements Act 1986.

9.                 A reference to a child of a veteran takes the definition in section 10 of the Act.  That section of the Act describes the relationship that need exist between the child and the veteran.  In addition, that description imports a definition of a child from subsection 5F(1) of the Act that describes the age and other criteria used to define a child for the purposes of the Act.

10.           A reference to a dependant is based on the definition in section 11 of the Act.

11.           A reference to specified treatment is a reference to the kind of treatment specified in Part 3 of the attached Determination.

12.           A references to a veteran is a reference to a person who is described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act.  The effect of this definition is to include any veteran who is eligible for compensation and to be provided with treatment under the Act, or who is eligible to apply for compensation or treatment under the Act.

13.           A reference to Vietnam service is a reference to operational service as described in section 6C, 6E or 6F of the Act that was rendered by the veteran in Vietnam. 

Purpose

14.           This sets out the statutory framework within which the attached Determination is made.

Specified Classes of Person

15.           Paragraph 88A(1)(c) of the Act refers to a person who was the dependant of a veteran and who is in a specified class.  The attached Determination specifies two classes. 

16.           In the first class the person needs to have been a child of a veteran, for that veteran to have had Vietnam service, and for the person to be younger than 36 years.  The majority of children of Vietnam veterans are now in the 25-29 year group.  Their on-going needs will be kept under review, but the available evidence has not established a current need for a higher age limit. The age limit is consistent with the limit that is applied to the community youth suicide prevention programs.

17.           In the second class a person needs to have been a dependant, other than a child, of a veteran who had Vietnam service, who had ceased to be a dependant of that veteran within the past 5 years.  This period commences from the date the marriage is dissolved by divorce, or the date the marriage-like relationship ceased to exist.

Treatment of a Specified Kind

18.           Paragraph 88A(1)(c) of the Act provides that a person who was a dependant of a veteran and who is in a specified class is eligible to be provided with treatment of a specified kind.   The attached Determination specifies the kind of treatment to be provided is counselling services and psychiatric assessment.

Will pre-existing rights be affected?

No.   The persons affected by the attached Determination acquire rights.  The Determination does not disadvantage any person.