EXPLANATORY STATEMENT
Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026
EMPOWERING PROVISION
Subsection 118(2) of the Veterans’ Entitlements Act (the VEA).
PURPOSE
The Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026 specifies the class of persons who may be provided with guidance and counselling services under the Veterans’ Children Education Scheme (VCES).
On 1 October 2025 the former determination “sunset” (expired). The Department of Veterans’ Affairs (DVA) has reviewed the determination and considers that it remains necessary to maintain the availability of guidance and counselling services for certain children. Although no children are currently accessing these services, the determination has been remade in essentially the same form to ensure the framework remains in place and that the services are accessible should a need arise in future.
OVERVIEW
Under Part 4 of the VCES, the Commission may refer eligible students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate, collectively referred to as “guidance and counselling services”.
This instrument determines the classes of persons eligible for such services, being children of Australian Defence Force (ADF) members who died or were severely injured in certain circumstances. This includes ADF members who received an additional death benefit or severe injury adjustment under either the government decision of 10 June 1997 relating to the Black Hawk Helicopter Accident on 12 June 1996 (ex gratia decision) or a determination under section 58B of the Defence Act 1903.
The extension of VCES guidance and counselling services under this determination to this class of eligible children is intended to support their health, education and long-term wellbeing, recognising the impacts they may experience following the death or service-related injury of a parent.
EXPLANATION OF PROVISIONS
Paragraph 1 provides that the title of the instrument is the Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026
Paragraph 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Paragraph 3 provides that the legislative authority for this instrument is subsection 118(2) of the Veterans’ Entitlements Act (VEA).
Paragraph 4 is an interpretative provision, which contains definitions of terms used in the instrument. The following key terms have been defined:
“dependent child” is defined, despite section 5F of the Act, as a child who is wholly or partly dependent on a member for economic support and who:
- is under 16 years of age, or
- is 16 years or older but under 25 years and undertaking full-time education, and is not ordinarily employed or working on their own account.
The definition of child in this context differs from the definition in section 5F of the Act, as it is based on the meaning used in the section 58B Defence Determination.
“ex gratia payment” refers to the 10 June 1997 decision to make lump sum payments in respect of members who:
- were severely injured or killed in the Black Hawk helicopter accident on 12 June 1996, or
- were severely injured or killed on or after 7 April 1994 while rendering continuous full-time service.
The note to this definition clarifies that 7 April 1994 was the date on which the Military Compensation Scheme under the Safety, Rehabilitation and Compensation Act 1988 commenced.
“member” has been defined with reference to the definition of “member” in section 58A of the Defence Act 1903, to align with the broader eligibility under that Act.
Paragraph 5 specifies that the Commission may provide guidance and counselling services to a person under the VCES for the purposes of subsection 118(2) of the VEA where they are a dependent child of a member of the Defence Force, if that member satisfies the criteria outlined in subsection (2).
Subsection (2) states a member of the Defence Force will satisfy the subsection if an additional death benefit or severe injury adjustment was payable in respect of the member under the ex gratia decision of 10 June 1997 or a 58B Defence Determination.
The effect of this is that a dependent child of a Defence Force Member will be eligible for guidance and counselling services under the VCES if the child is in full-time education, under 25 years of age, and not ordinarily engaged in full-time work, and an additional death benefit or severe injury adjustment was payable in respect of their parent where:
- the parent was severely injured or killed in the Black Hawk Helicopter accident that occurred on 12 June 1996,
- the parent was severely injured or killed on or after 7 April 1994 while rendering continuous full-time service, or
- the additional death benefit or severe injury adjustment was payable under a section 58B Defence Determination.
Any information provided by a child or their family in seeking guidance and counselling assistance is used solely to facilitate a referral and access to those services. The collection, use and disclosure of personal information is subject to relevant privacy obligations under the Privacy Act 1988.
Independent Merits Review
This instrument sets out the classes of people to whom the Commission may extend guidance and counselling services under the VCES. The Commission’s discretion operates under the terms of s 118(2) of the Act. This instrument, while also made under s 118(2), does not create any decisions that determine individual rights or obligations, and is therefore not considered an appropriate vehicle for merits review provisions.
Consultation
Consultation was not considered necessary as this instrument replaces the previous determination in essentially the same form and does not alter eligibility or benefits.
Human rights implications
This determination is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Approved by
Minister for Veterans’ Affairs
Rule-maker
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (the recognised rights).
Overview of the Disallowable Legislative Instrument
The Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026 enables the Commission to extend guidance and counselling services available under the Veterans’ Children Education Scheme (VCES) to certain children of Australian Defence Force (ADF) members who were severely injured or killed while serving.
Human rights implications
This instrument positively engages with the following human rights:
- the right to education contained in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR);
- the right to work contained in Article 6 of the ICESCR;
- the right to health contained in Article 12 of the ICESCR; and
- the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights (ICCPR).
Right to Education, Work and Health
The instrument promotes the right to education by supporting these children to participate in, and benefit from, educational opportunities through guidance and career support services. To the extent that guidance services assist children in making educational and career choices, the instrument also advances the right to work by supporting their ability to access training and participate in the workforce in future. The instrument promotes the right to the highest attainable standard of physical and mental health by providing access to counselling services that support emotional wellbeing. These services help children manage the impact of traumatic circumstances, including the loss or severe injury of their parent, and provide support to maintain engagement in their schooling.
Right to Privacy
The right to privacy is engaged by provisions relating to the collection and use of personal information for the purposes of providing guidance and counselling services. Any personal information collected under this instrument is handled in accordance with the Privacy Act 1988, including the Australian Privacy Principles. Information is collected only where necessary to determine eligibility and provide appropriate support and is protected by safeguards to ensure privacy is maintained.
Conclusion
This instrument engages positively with the right to education, the right to work, the right to health and the right to privacy and is compatible with huma rights.
Minister for Veterans’ Affairs
Rule-maker