Veterans’ Entitlements (Veterans' Children Education Scheme - Guidance and Counselling Services) Determination 2000 (10 August 2015)

Overview

The Veterans' Entitlements (Veterans' Children Education Scheme - Guidance and Counselling Services) Determination 2000 was enacted to address the need for additional support services for children of Australian Defence Force (ADF) members who are killed or seriously injured while on service. This legislative instrument was created under subsection 118(2) of the Veterans’ Entitlements Act 1986, by the Minister for Veterans' Affairs, to ensure that the children affected by such tragic events receive the necessary guidance and counselling services. The policy objective of this Determination is to provide educational support and counselling to the children of ADF members in circumstances where the emotional impact of their parent's death or severe injury could hinder their education, thus engaging the right to education under article 13 of the International Covenant on Economic, Social and Cultural Rights. This Determination ensures compatibility with human rights by enabling children to overcome educational difficulties arising from the traumatic experiences of their parents.

Scope and Application

The Veterans' Entitlements (Veterans' Children Education Scheme - Guidance and Counselling Services) Determination 2000 applies to children of members of the Australian Defence Force who are killed or seriously injured while on service in specific circumstances. This legislation is an extension of the Veterans’ Entitlements Act 1986 and targets the unique challenges faced by the children of service personnel in the aftermath of such tragic events. The Act ensures that these children receive the necessary guidance and counselling to support their education, addressing the emotional and psychological impacts arising from the loss or injury of a parent in service. The legislation is jurisdictional in nature, falling under the purview of the Commonwealth of Australia, and is applicable nationally. However, it specifically excludes situations not covered by the Government Decision of 10 June 1997 or determinations under section 58B of the Defence Act 1903. Although the instrument has been re-made to address any updating requirements, it remains substantially the same as the original, ensuring continuity and consistency in the provision of these critical services.

Key Provisions

The Veterans' Entitlements (Veterans' Children Education Scheme - Guidance and Counselling Services) Determination 2000, as re-made, primarily functions under section 26(1B) of the Veterans’ Entitlements Act 1986. This instrument facilitates the provision of guidance and counselling services to children of Australian Defence Force (ADF) members who are killed or seriously injured in the line of duty, provided certain criteria are met (section 1). Specifically, the child of an ADF member may be eligible for these services if the member received an additional death benefit or severe injury adjustment under the Government Decision of 10 June 1997 or a determination under section 58B of the Defence Act 1903. These services aim to support the child's education and well-being, particularly in the event of the emotional trauma resulting from the member's death or injury. The Act imposes certain obligations on the Department of Veterans' Affairs (DVA) to ensure that eligible children receive the necessary guidance and counselling services. This includes verifying the eligibility of the child based on the circumstances of the ADF member's death or injury and the applicable government decisions or determinations (section 2). The DVA must also ensure that the services provided are aligned with the educational needs of the child, taking into account the specific challenges they may face due to the traumatic event. Furthermore, the Act requires the DVA to maintain accurate records of the services provided and to report on these services as necessary (section 3). Breaches of the obligations imposed by this Act may result in civil or administrative consequences. For instance, if the DVA fails to provide eligible children with the required guidance and counselling services, it may be subject to legal action by the affected children or their guardians. The Act does not explicitly outline criminal penalties for non-compliance; however, serious breaches could potentially lead to disciplinary actions against the responsible officials or entities within the DVA. The Act ensures that the rights of the children are protected and that they receive the support they need during a difficult time.