EXPLANATORY NOTE
Veterans' Entitlements Act 1986
Subsection 118(2)
Veterans' Entitlements (Veterans' Children Education Scheme Guidance and Counselling Services) Determination 2000
The attached Instrument will enable the Repatriation Commission to provide guidance and counselling services to dependent children of certain members of the Defence Force where those members have been killed or severely injured while on service.
Following the Black Hawk helicopter accident in June 1996, an inquiry into compensation for Australian Defence Force members made several recommendations. One of these is that where members of the ADF are killed or severely injured in compensable circumstances, their children are to have access to the Veterans’ Children Education Scheme guidance and counselling services.
For over a decade, guidance and counselling services have been provided to veterans' children under the Veterans' Children Education Scheme. These services have been proven in practice to be prompt and effective. The Federal Government decided it would be desirable to make these services available, at Commonwealth expense, to children of Defence Personnel killed or severely injured on duty.
To be eligible for the assistance a child must be dependent on the member and an Additional Death Benefit or Severe Injury Adjustment must have been payable in respect of the member. These payments could have been made ex gratia or under the Defence Act 1903.
Guidance and counselling services provided to the children in question will be subject to the conditions relating to guidance and counselling in the Veterans' Children Education Scheme.
The attached (disallowable) Instrument commenced before gazettal. However it will not infringe subsection 48(2) of the Acts Interpretation Act 1901 because it does not disadvantage any person or impose liabilities upon any person.