Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026

Administered by Department of Veterans' Affairs

Legislation au F2026L00053 In force Legislative Instrument

Legislation content

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

 

 

Overview

The Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026 was enacted to ensure the continued availability of guidance and counselling services for children of Australian Defence Force (ADF) members who died or were severely injured in specific circumstances, thereby addressing a gap left by the expiry of the previous determination on 1 October 2025. The Department of Veterans’ Affairs reviewed and remade the determination in its current form to maintain the framework for these services, recognising the potential future need for support services for affected children. This determination specifies the class of persons eligible for these services, namely children of ADF members who received an additional death benefit or severe injury adjustment under particular government decisions or Defence Act determinations, with the aim of supporting their health, education, and long-term wellbeing. It was enacted by the Minister for Veterans’ Affairs under the legislative authority provided by subsection 118(2) of the Veterans’ Entitlements Act. The policy objective is to provide support to the affected children, recognising the unique challenges they may face following the death or injury of a parent in service.

Scope and Application

The Veterans' Entitlements (Veterans' Children Education Scheme—Guidance and Counselling Services) Determination 2026 applies to the class of persons eligible for guidance and counselling services under the Veterans' Children Education Scheme (VCES). Specifically, it applies to children of Australian Defence Force (ADF) members who died or were severely injured in specified circumstances. These include 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 Act applies nationally, as it is made under the authority of the Commonwealth of Australia. The instrument specifies that eligible children must be dependent on the ADF member for economic support, under 16 years of age, or between 16 and 25 years and undertaking full-time education, and not ordinarily employed or working on their own account. The instrument does not create any decisions that determine individual rights or obligations and is therefore not considered an appropriate vehicle for merits review provisions. Any personal information collected is subject to the relevant privacy obligations under the Privacy Act 1988. The instrument is compatible with human rights as it positively engages with the right to education, the right to work, the right to health, and the right to privacy.

Key Provisions

The Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026 sets out the criteria for providing guidance and counselling services under the Veterans’ Children Education Scheme (VCES) to children of Australian Defence Force (ADF) members who were severely injured or killed while serving. The operative sections, particularly paragraph 5, clarify that eligible children are those who are dependent on a member of the Defence Force, are under 25 years old and in full-time education, and are not ordinarily employed. The determination aligns with the eligibility criteria set forth in subsection 118(2) of the Veterans’ Entitlements Act (VEA), specifically for children whose parents received an additional death benefit or severe injury adjustment under the ex gratia decision of 10 June 1997 or a 58B Defence Determination. The definition of terms, such as “dependent child” and “ex gratia payment,” is provided to ensure clarity and consistency with the broader legislative framework. The obligations imposed by the Act primarily concern the Commission's role in providing guidance and counselling services to eligible children. The Commission must ensure that these services are available to support the children’s health, education, and long-term wellbeing, recognising the specific impacts they may experience following the death or service-related injury of a parent. Any personal information collected in the process of providing these services must be handled in accordance with the Privacy Act 1988 and the Australian Privacy Principles, ensuring that privacy is maintained and information is protected. There are no specific offences or penalties outlined in the determination itself, but any breaches of the privacy obligations under the Privacy Act 1988 may lead to civil or criminal consequences. The maximum penalties for breaches of the Privacy Act can vary depending on the nature and severity of the breach, with potential civil penalties including pecuniary penalties of up to $2.1 million for a corporation and $210,000 for an individual, as well as potential criminal penalties in certain circumstances. The determination ensures compliance with these obligations by clearly stating that personal information collected is used solely to facilitate referrals and access to guidance and counselling services.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.