EXPLANATORY NOTE

Veterans’ Entitlements Act 1986

Section 88A

Veterans' Entitlements Determination (psychiatric assessments - dependants of Vietnam veterans) 2000.

What is the Determination about?

1. The attached Determination specifies a class of dependants of Vietnam veterans and specifies the kind of treatment for which they are eligible under 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, 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.  One of these initiatives was to provide for a psychiatric assessment of dependants of veterans.  The Repatriation Commission may provide counselling services to dependants of veterans under section 92 of the Veterans' Entitlements Act 1986 (the Act).  The provision of psychiatric assessments will enhance the counselling services.

5.                 Schedule 1 of the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 amended the Act to provide a statutory framework for this initiative.   The attached Determination describes the class of dependants and specifies the kind of treatment they are eligible to receive under 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 dependant is a reference to a dependant as described in section 11 of the Act.

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

11.           A reference 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.

12.           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

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

Specified Class of Dependant

14.           Paragraph 88A(1)(b) of the Act refers to a person who is the dependant of a veteran and who is in a specified class.  This paragraph specifies the class to be a person who is a dependant of a Vietnam veteran.

Treatment of a Specified Kind

15.           Paragraph 88A(1)(b) of the Act provides that a person in a specified class is eligible to be provided with treatment of a specified kind.   The attached Determination provides that a person in a specified class is eligible to be provided with psychiatric assessment. 

Will pre-existing rights be affected?

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