EXPLANATORY STATEMENT
Veterans' Entitlements (Veterans' Children Education Scheme - Guidance and Counselling Services) Determination 2000
PURPOSE
The attached instrument is a legislative instrument that has been re-made. Had the instrument not been re-made, it would have been automatically repealed on
1 October 2015. The instrument is made under subsection 118(2) of the Veterans’ Entitlements Act 1986.
Subsection 26(1B) of the Legislative Instruments Act 2003 provides that the requirement for an explanatory statement to explain the purpose and operation of an instrument may be met by an explanation that the instrument replaces a specified earlier legislative instrument or a specified provision of an earlier legislative instrument and is the same in substance as the specified instrument or provision.
The Department of Veterans’ Affairs (DVA) has reviewed the instrument and found it is still required. Accordingly, the instrument has been re-made and is essentially the same in substance as the instrument it replaced albeit with updating as required.
The instrument enables guidance and counselling services under the Veterans’ Children Education Scheme to be provided to a child of a member of the Australian Defence Force (not necessarily a veteran) where the member is killed or seriously injured while on service in the circumstances set out in the instrument.
Although guidance and counselling under the Veterans’ Children Education Scheme and the Military Rehabilitation and Compensation Scheme is already available to children of certain veterans and members of the Australian Defence Force, the attached instrument covers a broader set of circumstances in which guidance and counselling may be provided.
Further Explanation
Part A explains the Veterans' Entitlements (Veterans' Children Education Scheme - Guidance and Counselling Services) Determination 2000.
CONSULTATION
There has been no consultation in respect of the instrument because it is being re-made in essentially the same form and benefits are not being affected. Accordingly consultation was considered unnecessary.
RETROSPECTIVITY
None.
DOCUMENTS INCORPORATED-BY-REFERENCE
No.
HUMAN RIGHTS STATEMENT
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The attached legislative instrument does engage an applicable right or freedom. It relates to the right to Education contained in article 13 of the International Covenant on Economic, Social and Cultural Rights.
The instrument is compatible with the Right to Education in that it enables a child to be provided with guidance and counselling in respect of the child’s education where the child is having difficulties due to the emotional impact on the child of the child’s parent being killed or seriously injured while on service in the Australian Defence Force.
Conclusion
The attached legislative instrument is considered to be compatible with the human right to education because it helps the children of military personnel cope with their schooling when faced with traumatic circumstances.
Rule-Maker
Minister for Veterans’ Affairs
PART A
Veterans' Entitlements (Veterans' Children Education Scheme - Guidance and Counselling Services) Determination 2000
This instrument enables children of military personnel (ADF member) to receive guidance and counselling under the Veterans’ Children Education Scheme in special circumstances.
Those circumstances are that the ADF member died, or was severely injured, on service and received an additional death benefit, or severe injury adjustment, under either the Government Decision of 10 June 1997 (Government Decision) that related to such circumstances or a determination under section 58B of the Defence Act 1903.
The Government Decision was made in response to the “Black Hawk Helicopter Accident” on 12 June 1996.