EXPLANATORY NOTE
Veterans’ Entitlements Act 1986
Section 88A
Veterans' Entitlements Determination (psychiatric assessments - dependants of Vietnam veterans) 2000.
What is the Determination about?
- 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.
Overview
The Veterans' Entitlements Determination (Psychiatric Assessments - Dependants of Vietnam Veterans) 2000 was introduced to address the specific mental health needs of dependants of Vietnam veterans, as identified in the 1998 Study of the Health of Australia’s Vietnam Veteran Community and subsequently validated in a 1999 review. These studies highlighted significant psychological effects on the dependants of Vietnam veterans, including higher rates of suicide among children of veterans compared to the broader Australian community. In response to these findings, the Australian Government announced various initiatives in the 2000 Budget, one of which was the provision of psychiatric assessments for eligible dependants. This initiative was formalised by Schedule 1 of the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000, which established the statutory framework for the provision of such assessments under the Veterans' Entitlements Act 1986. The attached Determination specifies that the class of dependants includes those of Vietnam veterans and the kind of treatment they are eligible to receive is psychiatric assessment.
Scope and Application
The Veterans' Entitlements Determination (psychiatric assessments - dependants of Vietnam veterans) 2000 applies to dependants of Vietnam veterans, specifically identifying them as a specified class under the Veterans' Entitlements Act 1986. This class of dependants includes current or past partners and children of Vietnam veterans who are eligible for certain treatments under the Act, notably psychiatric assessments. The geographic and jurisdictional reach of the Determination is aligned with the Commonwealth, as it operates under the framework established by the Veterans' Entitlements Act 1986. This Act provides a statutory basis for the eligibility of dependants of Vietnam veterans for psychiatric assessments, enhancing the counselling services available to them. The Determination does not affect any pre-existing rights and instead grants new rights to the specified class of dependants. The Determination is effective from the date the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 receives Royal Assent.
Key Provisions
The Veterans' Entitlements Determination (Psychiatric Assessments - Dependants of Vietnam Veterans) 2000 (the Determination) outlines the specific class of individuals eligible for psychiatric assessments under the Veterans' Entitlements Act 1986 (the Act). Specifically, section 88A(1)(b) of the Act refers to a person who is a dependant of a Vietnam veteran and who is in a specified class. The Determination clarifies that this class includes individuals who are dependants of Vietnam veterans (paragraph 14). These individuals are eligible for specified treatment, namely psychiatric assessments (paragraph 15).
Under the Act, the obligations imposed on the parties are primarily centred around the provision of psychiatric assessments to the specified class of dependants. The Repatriation Commission, as part of its duties under section 92 of the Act, is tasked with providing counselling services to these dependants, which includes offering psychiatric assessments (paragraph 3). This obligation is facilitated by the statutory framework established by Schedule 1 of the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000, which ensures that the Repatriation Commission can effectively deliver these services.
In terms of penalties and consequences, the Determination itself does not specify any civil or criminal penalties for non-compliance. However, any failure by the Repatriation Commission to provide the mandated psychiatric assessments could potentially be subject to oversight and review by relevant authorities under the Act. Additionally, if the Repatriation Commission does not adhere to the requirements set out in the Determination, it may face administrative or legal consequences under the broader legislative framework of the Act. The primary focus of the Determination is to ensure that the specified class of dependants receives the necessary psychiatric assessments, with compliance being enforced through administrative means rather than specific penal provisions within the Determination itself.