EXPLANATORY STATEMENT

Veterans' Entitlements (Veterans’ Children Education Scheme – Long Tan Bursary) Determination 2018 (Instrument 2018 No. R91)

EMPOWERING PROVISION

Subsection 116CA(1) of the Veterans’ Entitlements Act 1986 (the Act).

PURPOSE

The purpose of the attached instrument (2018 No. R91) is to determine a class of persons for the purposes of the definition of “eligible grandchild of a Vietnam veteran” in subsection 116(1) of the Act.

A person within that class may be eligible for an award of the Long Tan Bursary under the Veterans’ Children Education Scheme (VCES).

The VCES is made under section 117 of the Act and establishes a range of financial and other benefits to assist eligible children with their primary, secondary or tertiary education.

The Long Tan Bursary awards financial scholarships to children of Vietnam veterans to improve their tertiary education outcomes.  Currently, eligibility for the Long Tan Bursary is limited to a child (including an adult child) of a veteran with operational service in Vietnam.

The Act was amended earlier this year to establish the legislative framework to extend eligibility for the Long Tan Bursary to include grandchildren of Vietnam veterans.  The amendments to the Act (which include new sections 116CA, 116CB and 116CC) will commence on 1 July 2019.

Subsection 116CA(1) of the Act will empower the Repatriation Commission, by legislative instrument, to determine the class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1).

This instrument determines, as a class of persons for the purposes of that definition, a person:

• who is a grandchild of a veteran who has rendered Vietnam service;
• who is transitioning to tertiary study and is academically able to complete an undergraduate degree (or similar tertiary course of study); and
• whose family circumstances are such that they may require additional financial assistance.

A person who falls within this class, as determined by the Repatriation Commission under section 116CC of the Act, will be eligible to be considered for the Long Tan Bursary under the VCES.  The VCES will be amended, concurrently with this instrument, to extend eligibility for the Long Tan Bursary to include eligible grandchildren of Vietnam veterans.

The instrument is made in reliance on section 4 of the Acts Interpretation Act 1901 which authorises the making of a legislative instrument after enactment but before commencement of the relevant empowering provision.  Section 116CA of the Act empowers the making of this instrument and was inserted by Schedule 4 to the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 2) Act 2018 (VALA Act).  The VALA Act received Royal Assent on 29 June 2018.  Schedule 4 to the VALA Act commences on 1 July 2019.

CONSULTATION

Section 17 of the Legislation Act 2003 requires the rule-maker to be satisfied that any consultation that is considered appropriate and reasonably practicable to undertake, has been undertaken.

Extension of eligibility for the Long Tan Bursary has been the subject of extensive consultation since 2011 and has included the Ex-service Organisation Round Table (ESORT), the Returned and Services League (RSL), and the Australian Veterans’ Children Assistance Trust (AVCAT).  

AVCAT administers the Long Tan Bursary on behalf of the Department of Veterans’ Affairs.  ESORT comprises the National Presidents and Chairpersons from a range of ex-service organisations, and members of the Repatriation Commission and the Military Rehabilitation and Compensation Commission.  The forum aims to address issues of strategic importance to the ex-service and defence communities and assist in setting directions for the medium to long term.

In February 2017, the Minister for Veterans’ Affairs agreed to extending the Long Tan Bursary scholarships to include grandchildren of Vietnam veterans.  All parties (ESORT, AVCAT and RSL entities) were in agreement.

The making of this instrument follows passage of the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 2) Act 2018 in June 2018.  Schedule 4 to that Act establishes the legislative framework to extend eligibility for the Long Tan Bursary to the grandchildren of Vietnam veterans.

Accordingly, it is considered the requirements of section 17 of the Legislation Act 2003 have been met. 

RETROSPECTIVITY

Nil.

DOCUMENTS INCORPORATED BY REFERENCE

No documents are incorporated-by-reference in the instrument.

REGULATORY IMPACT

Nil.

HUMAN RIGHTS STATEMENT

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The attached instrument engages the Right to Education contained in article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Article 13 of the ICESCR recognises the right of everyone to education. Relevantly, it recognises that secondary education, including technical and vocational secondary education, should be made generally available and accessible to all.  Article 28 recognises the right of children to education.

The instrument determines a class of persons for the purposes of the definition of “eligible grandchild of a Vietnam veteran” in subsection 116(1) of the Act.  A person within that class may (subject to a determination by the Commission under section 116CC of the Act that they fall within the class) be eligible for an award of a certain benefit under the Veterans’ Children Education Scheme, namely the “Long Tan Bursary”.

The class determined by the instrument is grandchildren of Vietnam veterans who are entering tertiary education and are in need of financial assistance.

Conclusion

The attached instrument is compatible with the right to education as it benefits the grandchildren of Vietnam veterans by making them eligible to apply for the Long Tan Bursary scheme.  The Long Tan Bursary scheme is a financial scholarship that contributes to the financial cost of education and is paid to the children of Vietnam veterans to improve their education outcomes.

Accordingly, the attached instrument is considered to be human rights compatible.

Repatriation Commission

Rule-Maker

FURTHER EXPLANATION OF PROVISIONS

See: Attachment A

Attachment A

Veterans' Entitlements (Veterans’ Children Education Scheme – Long Tan Bursary) Determination 2018

Section 1

This section sets out the name of the instrument – Veterans' Entitlements (Veterans’ Children Education Scheme – Long Tan Bursary) Determination 2018.

Section 2

This is the commencement provision. It provides for the instrument to commence immediately after the commencement of Schedule 4 to the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 2) Act 2018.

The note to the section informs readers that Schedule 4 to the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 2) Act 2018 commences on 1 July 2019.

Section 3

This is the authority provision. It provides that the instrument is made under section 116CA of the Veterans’ Entitlements Act 1986.  That section of the Act will commence on 1 July 2019.

Section 4

This is an interpretation provision. It defines the following terms used in the instrument including:

• Act means the Veterans’ Entitlements Act 1986.

• eligible grandchild of a Vietnam veteran – see subsection 116(1) of the Act.

• grandchild of a veteran – see subsection 116(1) of the Act.

• veteran – see paragraph (a) of the definition of “veteran” in subsection 5C(1) of the Act.

• Vietnam service – see subsection 116(1) of the Act.

Section 5

This section sets out the purpose of the instrument which is to determine a class of persons for the purposes of the definition of eligible grandchild of a Vietnam veteran in subsection 116(1) of the Act.

Note 1 to the section advises readers that a person will be an “eligible grandchild of a Vietnam veteran”, as defined in subsection 116(1) of the Act, if the Repatriation Commission determines, under subsection 116CC(2) of the Act, that the person is included in the class determined by this instrument.

The Repatriation Commission may make such a determination following an application under section 116CB by a person who is a grandchild of a veteran.

Note 2 advises readers that a person who is an “eligible grandchild of a Vietnam veteran” may qualify for a Long Tan Bursary. 

Relevant provisions of the Veterans’ Children Education Scheme will be amended concurrently with this instrument – see Veterans’ Children Education Scheme (Long Tan Bursary) Amendment Instrument 2018 – to establish eligibility for the Long Tan Bursary for an “eligible grandchild of a Vietnam veteran”.

Section 6

The section determines the class of persons for subsection 116A(1) of the Act.  The class determined is a person:

• who is a grandchild of a veteran who has rendered Vietnam service; and

• who is making the transition to tertiary study and is academically able to complete an undergraduate degree (or similar tertiary course of study); and

• whose family circumstances are such that the person may require additional financial assistance.

The Veterans’ Children Education Scheme will be amended concurrently with this instrument to extend eligibility to the Long Tan Bursary to a person who is an “eligible grandchild of a Vietnam veteran”.