Veterans' Entitlements (Veterans' Children Education Scheme) Eligible Child Determination 2006 No. R26/2006

Administered by Department of Veterans' Affairs

Legislation au F2006L03356 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006

 

EMPOWERING PROVISION

 

Section 116A of the Veterans’ Entitlements Act 1986 (the Act).

 

PURPOSE

 

To determine a class of persons for the purposes of paragraph (e) of the definition of “eligible child” of a veteran in subsection 116(1) of the Act. 

 

A person within the class is eligible for benefits under the Veterans’ Children Education Scheme (VCES).  Under the VCES eligible children receive a range of financial benefits to assist with their primary, secondary and tertiary education.

 

The class of eligible children is comprised of:

 

1. current or former children of Vietnam veterans where the child or former child is diagnosed by an appropriately qualified professional as suffering from a depressive disorder;

2. current or former children of Vietnam veterans where the child or former child is considered by an appropriately qualified professional to be vulnerable;

3. current or former children of Vietnam veterans where the child or former child is making the transition to tertiary study and needs financial assistance to undertake that study.

 

Children and former children of Vietnam veterans are more at risk of self-harm than children in the community generally.  In 2000 the Australian Government decided that one initiative to address this issue would be to make available to such children and former children the support and guidance under the VCES.

 

Under subsection 5F(1) of the Act a child is defined as a person who has not turned 16 years or, if in full time study, has turned 16 years but not 25 years.  A child aged 16 years or over or aged 25 years or over, depending on the circumstances, is a former child.

 

Paragraph (e) of the definition of “eligible child of a veteran” in subsection 116(1) of the Act enables a class of “person”, as distinct from a class of “child”, to be determined to be eligible for the VCES thereby avoiding the age restriction on a “child”.  Accordingly persons who are former children of Vietnam veterans, being former children aged 16 years or over (not in full-time education) or aged 25 years or over) may be determined to be eligible for the VCES.

 

The class of eligible child determined in the attached instrument was, essentially, determined in the instrument revoked by the attached instrument however it was considered that the revoked instrument was unclear as to whether it applied to former children of Vietnam veterans.  The attached instrument makes it clear that former children are covered.  

 

Although the attached instrument makes certain children eligible for VCES benefits, the actual type of benefit the child is entitled to receive is governed by the VCES. 

 

A child who is described in item 3. above (making the transition…) is only entitled to the VCES benefit known as the Long Tan Bursary.  The child is not entitled to any other VCES benefits unless eligibility for VCES benefits arises other than because the child is in item 3 (paragraph 2.1(c) of the Determination).

 

In other words, to be entitled to all VCES benefits a child in item 3. must either fall within items 1 and 2 above (paragraphs 2.1 (a) and (b) of the attached Determination) or be an eligible child by virtue of a criterion in the definition of “eligible child of a veteran” in subsection 116(1) of the Act other than the criterion in paragraph (e) of that definition.

 

RETROSPECTIVITY

 

None.  The Instrument commences on the day after registration on the Federal Register of Legislative Instruments.

 

CONSULTATION

 

The Rule-Maker (Repatriation Commission) decided that the only consultation that was appropriate in respect of the attached Determination was consultation between the Department of Veterans’ Affairs and the Australian Veterans' Children Assistance Trust.  The Commission decided that consultation with clients was not necessary because the Determination is beneficial in nature.

 

Further details of the Determination are at Attachment A.

 


ATTACHMENT A

 

Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006

 

Part 1

 

1.1 sets out the name of the Determination - the Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 No.R26/2006.

 

1.2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

1.3 revokes the virtually identical determination which was unclear as to whether former children of Vietnam veterans were covered.  The revoked determination was the Veterans' Entitlements Determination (Veterans’ Children Education Scheme - eligible child) 2000 (as amended by the Veterans' Entitlements (Veterans’ Children Education Scheme - Eligible Child) Amendment Determination 4/2002).

 

1.4 ensures that a person who had current VCES eligibility under the revoked Determination (see 1.3 above) continues to have that eligibility as if it were derived from the attached Determination.

 

1.5 sets out definitions. 

 

1.6 states the purpose of the Determination, namely to determine a class of persons who will be eligible for VCES benefits.

 

Part 2

 

2.1 describes the class of person of which a member is eligible for VCES benefits under the attached Determination.  The class is comprised of children or former children of Vietnam veterans being children who are:

 

  • diagnosed by an appropriately qualifed professional (eg medical practitioner, social worker) as having a depressive disorder; or

 

  • considered to be vulnerable by an appropriately qualifed professional (eg medical practitioner, social worker); or

 

  • making the transition to tertiary study and who are academically able to complete an undergraduate degree (or similar tertiary course of study) and whose familial circumstances are such that the person may require additional financial assistance.

 

 

 

 

Overview

The Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 was enacted to address the educational needs and financial assistance requirements of the children and former children of Vietnam veterans, who are at a higher risk of self-harm compared to the general population. This legislative instrument, under section 116A of the Veterans’ Entitlements Act 1986, aims to ensure that these children and former children receive the necessary support and guidance to pursue their education, particularly during the transition to tertiary studies. The policy objective is to enable the Australian Government to provide targeted financial benefits to these individuals, facilitating their access to primary, secondary, and tertiary education. The instrument was developed through consultation between the Department of Veterans’ Affairs and the Australian Veterans' Children Assistance Trust, and it clarifies the eligibility criteria for the Veterans’ Children Education Scheme, ensuring that former children of Vietnam veterans are explicitly included. The Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 replaces an earlier, virtually identical instrument that was unclear regarding the eligibility of former children of Vietnam veterans. This new determination aims to make it explicit that former children, defined as those who have reached the age of 16 or 25, depending on their educational status, are also eligible for the benefits under the scheme. The instrument ensures that the benefits extend to children diagnosed with a depressive disorder, those considered vulnerable, and those transitioning to tertiary education who require additional financial support. Notably, a child making the transition to tertiary study is only entitled to the Long Tan Bursary unless they also meet the criteria for a depressive disorder or vulnerability. The determination does not apply retrospectively and comes into effect on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 applies to the children and former children of Vietnam veterans who meet specific criteria related to their health, vulnerability, or need for financial assistance in transitioning to tertiary education. The Act extends the definition of "eligible child" in the Veterans’ Entitlements Act 1986, allowing for broader eligibility beyond the usual age restrictions. This Determination clarifies that former children, who are over 16 and not in full-time education, or over 25, are also covered under the Veterans’ Children Education Scheme (VCES). This scheme provides financial assistance for primary, secondary, and tertiary education. Notably, former children making the transition to tertiary study are only eligible for the Long Tan Bursary unless they also meet the criteria of having a depressive disorder or being considered vulnerable. The Determination was made to address the heightened risk of self-harm among these children and former children, and it does not apply retroactively. The instrument comes into effect on the day after its registration on the Federal Register of Legislative Instruments, and it revokes the previous Determination which was ambiguous regarding the coverage of former children.

Key Provisions

The Veterans’ Entitlements (Veterans’ Children Education Scheme) Eligible Child Determination 2006 (the Determination) establishes a class of eligible children for the purposes of the Veterans’ Children Education Scheme (VCES) under the Veterans’ Entitlements Act 1986 (the Act). The Determination identifies three categories of children and former children of Vietnam veterans who are eligible for VCES benefits: those diagnosed with a depressive disorder by a qualified professional (section 2.1(a)), those considered vulnerable by a qualified professional (section 2.1(b)), and those making the transition to tertiary study and requiring financial assistance (section 2.1(c)). The Determination imposes obligations on Vietnam veterans' children and former children who fall within the specified categories. They must provide appropriate documentation to substantiate their eligibility, such as medical assessments or evidence of vulnerability, and proof of their current educational status and financial circumstances if they are transitioning to tertiary study. The obligations also extend to the provision of accurate and complete information necessary for the assessment of their eligibility under the VCES. Violating the requirements set forth in the Determination can lead to civil and criminal consequences. If a person knowingly provides false or misleading information to obtain VCES benefits, they may be subject to penalties under section 127 of the Act, which includes fines and potential imprisonment. The maximum penalties for providing false or misleading information can include fines of up to 10,000 penalty units and imprisonment for up to five years. Additionally, any person who fraudulently represents themselves as eligible for VCES benefits could face prosecution under the Crimes Act 1914, which may result in further criminal penalties.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.