Veterans’ Entitlements Determination (Veterans' Children Education Scheme - eligible child) 2000
Instrument 2000 No. 27 as amended
made under the
Veterans' Entitlements Act 1986
This compilation was prepared on 29 June 2005
taking into account amendments up to LI 2002 No. 4
Prepared by the Legal Services Group,
Department of Veterans' Affairs, Canberra
REPATRIATION COMMISSION
Veterans’ Entitlements Act 1986
Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000
Instrument No. 27/2000
The Repatriation Commission makes this Determination under subsection 116A(1) of the Veterans’ Entitlements Act 1986.
Dated 8 December 2000
Neil Johnston
PRESIDENT | Brian Flynn A/g DEPUTY PRESIDENT | Paul Stevens
COMMISSIONER |
Repatriation Commission
_________________________________________________________
Part 1 Introduction
1.1 Name of Determination
This Determination is the Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000.
1.2 Commencement
This Determination commences on 1 January 2001.
1.3 Definitions
In this Determination:
Act means the Veterans’ Entitlements Act 1986.
appropriately qualified professional means a person who is:
a) a medical practitioner (general practitioner or specialist); or
b) a psychologist who has full registration as a psychologist in the State or Territory in which they practice; or
c) a social worker who has completed a 4 year recognised degree and has eligibility for membership of the Australian Association of Social Workers.
child has the same meaning as in subsection 5F(1) of the Act.
child of a veteran has the same meaning as in section 10 of the Act.
veteran means a person as defined in paragraph (a) of the definition of veteran in subsection 5C (1) of the Act.
Vietnam service means operational service, as described in section 6C, 6E or 6F of the Act, rendered by the veteran in Vietnam.
1.4 Purpose
In Part VII of the Act, section 116 defines an eligible child for the purposes of the Veterans' Children Education Scheme. Subsection 116A(1) of the Act provides the "Commission may, in writing, determine a class of persons for the purposes of paragraph (e) of the definition of eligible child of a veteran in subsection 116(1)." The purpose of this Determination is to determine that class of persons.
Part 2 Class of Persons
2.1 Class of Persons
A class of persons for the purposes of paragraph 116(1)(e) of the definition of eligible child of a veteran comprises a person:
a) who is a child; and
b) who is or has been a child of a veteran with Vietnam service; and:
c) who either:
i) is diagnosed by an appropriately qualified professional as having a depressive disorder, or
ii) in the opinion of an appropriately qualified professional, is vulnerable, or
iii) is making the transition to tertiary study and who is academically able to complete an undergraduate degree (or similar tertiary course of study) and whose familial circumstances are such that the child may require additional financial assistance.
____________________________________________________
Repatriation Commission
Notes to the Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000
Note 1
The Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprise Legislative Instruments 2000 No.27 amended as indicated in the Tables below.
Table of Legislative Instruments
Year and
number | Date of registration | Date of
commencement | Application, saving or
transitional provisions |
2000 No. 27 | 19 April 2005 | 1 January 2001 | |
2002 No.4 | 8 April 2005 | 24 April 2002 | |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Para.2.1 | am. 2002 No. 4 |
| |
Overview
The Veterans’ Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 is a legislative instrument made under the Veterans' Entitlements Act 1986, and it was introduced to address the need to specify the class of children who are eligible for support under the Veterans' Children Education Scheme. This Determination was made by the Repatriation Commission, which was established under the Act, and its purpose is to define the criteria for a child to be considered eligible for the Scheme. The policy objective is to ensure that children of veterans, particularly those with Vietnam service, who face specific challenges such as mental health issues, vulnerability, or require financial assistance for tertiary education, are provided with the necessary support.
The Determination specifies that a child of a veteran with Vietnam service is eligible if they are diagnosed with a depressive disorder by an appropriately qualified professional, if they are deemed vulnerable by such a professional, or if they are transitioning to tertiary education and require additional financial assistance due to their familial circumstances. This instrument aims to provide clarity and ensure that the intended beneficiaries of the Scheme are correctly identified and supported.
Scope and Application
The Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 applies to children who meet specific criteria relating to their eligibility for education assistance under the Veterans' Children Education Scheme. This determination is made under subsection 116A(1) of the Veterans' Entitlements Act 1986 and applies to children who are either diagnosed with a depressive disorder by an appropriately qualified professional, deemed vulnerable in the opinion of such a professional, or making the transition to tertiary study with academic ability and potential need for additional financial assistance due to familial circumstances. The legislation applies nationally across Australia, as it is a Commonwealth instrument. The scope of this determination is further refined through amendments, with the most recent changes noted in Legislative Instrument 2002 No. 4, which came into effect on 24 April 2002. The Act does not specify exclusions or thresholds other than those outlined in the determination, and any further clarification or extension of application may be made through subordinate instruments under the authority of the Act.
Key Provisions
The Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 (the Determination) under the Veterans' Entitlements Act 1986, sets out specific criteria for determining eligibility for the Veterans' Children Education Scheme. This scheme is designed to support the children of veterans who served in Vietnam. Section 2.1 of the Determination outlines the class of persons eligible for this scheme, which includes children who are or have been children of a veteran with Vietnam service, and who either have been diagnosed with a depressive disorder by an appropriately qualified professional, are deemed vulnerable by such a professional, or are making the transition to tertiary study and require additional financial assistance due to their familial circumstances.
The Determination imposes several obligations on those involved, particularly on the Repatriation Commission, which is responsible for determining eligibility under the scheme. The Commission must ensure that the criteria set out in the Determination are met, which includes verifying the child's status as a child of a veteran with Vietnam service and ensuring that any diagnosis or opinion of vulnerability is provided by a suitably qualified professional. Furthermore, the Commission must assess whether the child meets the specific conditions related to tertiary education and financial need.
Breaching the requirements of the Determination can have significant consequences. While the Determination itself does not explicitly state penalties, the underlying legislation, the Veterans' Entitlements Act 1986, provides a framework for enforcement. Under the Act, fraudulent claims or misrepresentations can lead to civil or criminal penalties. Specifically, the Act includes provisions for fines and imprisonment for knowingly making false statements or providing false information in relation to entitlements, with penalties varying depending on the severity and intent of the offence. These penalties are designed to ensure compliance and maintain the integrity of the scheme.