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.
Overview
The Veterans' Entitlements Act 1986 was enacted to address the needs of dependent children of Australian Defence Force members who have been killed or severely injured while on service. The Act aims to provide these children with access to guidance and counselling services, which are already available under the Veterans' Children Education Scheme. This initiative was prompted by the recommendations of an inquiry into compensation for ADF members following the Black Hawk helicopter accident in 1996. The policy objective is to extend the existing effective services, already proven in practice, to children of Defence Personnel who have been killed or severely injured on duty, ensuring that they receive the necessary support at Commonwealth expense. To be eligible, 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. The services provided will be subject to the conditions of the Veterans' Children Education Scheme.
Scope and Application
The Veterans' Entitlements (Veterans' Children Education Scheme Guidance and Counselling Services) Determination 2000 applies to dependent children of members of the Australian Defence Force who have been killed or severely injured while on duty. The provision of these services is a response to recommendations made following the Black Hawk helicopter accident in 1996. To qualify for assistance, the child must be dependent on the deceased or injured member, and an Additional Death Benefit or Severe Injury Adjustment must have been payable in respect of the member, which could have been made ex gratia or under the Defence Act 1903. These services are provided at Commonwealth expense and are subject to the conditions of the Veterans' Children Education Scheme, ensuring they are prompt and effective. The Determination does not disadvantage any person or impose liabilities upon any person, thus not infringing subsection 48(2) of the Acts Interpretation Act 1901.
Key Provisions
The Veterans' Entitlements (Veterans' Children Education Scheme Guidance and Counselling Services) Determination 2000, as referenced in the Veterans' Entitlements Act 1986, introduces provisions to extend the benefits of the Veterans' Children Education Scheme to the dependent children of Defence Force members who have been killed or severely injured in the line of duty. The scheme, which has been in place for veterans' children for over a decade, is intended to provide prompt and effective guidance and counselling services to these dependent children (Section 118(2)). To qualify, the child must be dependent on the deceased or severely injured member, and an Additional Death Benefit or Severe Injury Adjustment must have been payable in respect of the member. These benefits may have been granted ex gratia or under the Defence Act 1903.
The Act imposes several obligations on the Repatriation Commission to administer these services. Firstly, it mandates the provision of guidance and counselling services to eligible children under the Veterans' Children Education Scheme. These services must adhere to the conditions and requirements already established within the scheme (Section 118(2)). The services are intended to be delivered promptly and effectively, building on the proven track record of the scheme. Furthermore, the Act ensures that the services are provided at Commonwealth expense, alleviating any financial burden on the families of deceased or severely injured Defence Force members.
In terms of enforcement, the Veterans' Entitlements Act 1986 does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with the provisions of the Determination. However, any breaches of the general obligations under the Act could potentially be subject to the penalties outlined elsewhere in the Act. These might include administrative sanctions or legal actions taken to ensure compliance with the legislative requirements. The overarching principle is to ensure that eligible children receive the necessary support without any undue delay or disadvantage.