{"id":"F2016L00983","name":"Veterans' Entitlements (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2016","slug":"f2016l00983","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":335836,"registerId":"commonwealth-F2016L00983-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1. A person who:","sectionType":"division","heading":"1. A person who:","content":"### 1\\. A person who:","sortOrder":0},{"sectionNumber":"(a) was a child of a veteran or a child ","sectionType":"division","heading":"(a) was a child of a veteran or a child of a deceased veteran, the veteran or deceased veteran being a Vietnam veteran; and","content":"![](image.001.png)\n\nRepatriation Commission\n\nVeterans' Entitlements (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2016\n\nInstrument 2016 No. R13\n\n| The Repatriation Commission, under paragraph 88A(1)(c), subsection 88A(2) and section 92 of the Veterans’ Entitlements Act 1986 (the Act) makes the following instrument.Dated this 5th day of May 2016The Seal of the )Repatriation Commission ) SEALwas affixed hereto in the )presence of: )Simon Lewis John Geary Major General Mark Kelly…………………………………………………………………………………………………………………………..SIMON LEWIS JOHN GEARY Major General Mark KellyAO DSCPRESIDENT ACTING DEPUTY PRESIDENT COMMISSIONER |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n  \n\n1 Name\n\nThis instrument is the Veterans' Entitlements (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2016.\n\n2 Commencement\n\nThis instrument commences on 1 October 2016.\n\n3 Revocation\n\nThe Veterans’ Entitlements Determination (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2006 (Instrument 2006 No. R16) is revoked.\n\n4 Definition\n\nIn this instrument:\n\nAct means the Veterans’ Entitlements Act 1986;\n\nbreak-up date means the date on which a divorce-order takes effect in respect of the marriage between a partner-dependant and a Vietnam veteran or, as the case may be, means the date on which the marriage-like relationship between a partner-dependant and a Vietnam veteran in the opinion of the Repatriation Commission ceased to exist;\n\nchild of a veteran has the meaning it has in section 10 of the Act;\n\nchild of a deceased veteran has the meaning it has in section 10 of the Act;\n\nchild has the meaning it has in section 5F of the Act;\n\ndependant has the meaning it has in section 11 of the Act;\n\ndivorce-order means a divorce order under Part VI of the Family Law Act 1975 in force from time to time;\n\nmarriage-like relationship means a relationship that, but for the couple to the relationship not being married, would otherwise be regarded as a marriage;\n\npartner-dependant means a dependant of a veteran other than a dependant who is a child of a veteran or a child of a deceased veteran;\n\nRepatriation Commission means the body corporate of that name continued in existence under section 179 of the Act;\n\nspecified class means the class of persons specified in Schedule 1 of this instrument;\n\nspecified treatment means treatment described in Schedule 2 of this instrument;\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act;\n\nVietnam service means operational service, as described in section 6C, 6E or 6F of the Act, rendered by a veteran in Vietnam;\n\nVietnam veteran means a veteran who rendered Vietnam service;\n\nVeterans and Veterans Families Counselling Service means the organisation within the Department of Veterans’ Affairs commonly known as the “Veterans and Veterans Families Counselling Service (or VVCS)” and comprised of people appointed under the Public Service Act 1999 whose role is to counsel veterans, including Vietnam veterans, and their dependants, and where appropriate, refer such people to psychiatrists for psychiatric assessment;\n\nVVCS member means a member of the Veterans and Veterans Families Counselling Service who is qualified to make a clinical referral for a specified treatment in line with the VVCS Clinical Practice policy.\n\n5 Savings\n\nA former dependant in the class of person specified in section 3 of Part 2 of the Veterans’ Entitlements Determination (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) 2006 (Instrument 2006 No. R16) who, immediately before 1 October 2016, was eligible for counselling and psychiatric assessment under that instrument, is, to the extent of that eligibility, taken to be eligible for counselling and psychiatric assessment under this instrument as if eligibility had been granted under this instrument.\n\nNote: The intention is that if a former spouse or partner of a Vietnam veteran was eligible for treatment under the old instrument for an unexpired portion of the relevant 5 year period, the person is eligible for treatment under this instrument for the remaining part of that 5 year period.\n\n6 Purpose\n\nTo specify, for the purposes of paragraph 88A(1)(c) of the Act, a class of former dependants of Vietnam veterans and the kind of treatment a former dependant within that class is eligible to be provided.\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may, with the approval of the Minister for Veterans' Affairs, arrange to provide a person within that class with treatment consisting of counselling services and/or psychiatric assessment.\n\n7 Specified class of dependants and kind of treatment\n\nFor the purposes of paragraph 88A(1)(c) of the Act, the Repatriation Commission specifies the class of dependants in Schedule 1 and the kind of treatment in Schedule 2.\n\nSCHEDULE 1\n\nSPECIFIED CLASS OF DEPENDANTS\n\n### 1\\. A person who:\n\n### (a) was a child of a veteran or a child of a deceased veteran, the veteran or deceased veteran being a Vietnam veteran; and\n\n### (b) before, on or after 1 October 2016, ceased to be a child within the meaning of section 5F of the Act,\n\n### is, subject to paragraph 2, eligible to be provided with specified treatment.\n\n2. A person in paragraph 1 is only eligible for specified treatment comprised of a psychiatric assessment if, in the written opinion of the VVCS member, the person could be suffering from a mental condition as a result of having, or having had, a parent or guardian that is, or was, a Vietnam veteran.\n\n### 3. A person who, on or after 1 October 2016, ceased to be a dependant of a Vietnam veteran because:\n\n### (a) the dependant or the Vietnam veteran obtained a divorce\\-order in respect of the marriage between the dependant and the Vietnam veteran; or\n\n### (b) the marriage-like relationship between the dependant and the Vietnam veteran ended (other than because the Vietnam veteran died);\n\n### is, for a single period of five years commencing on the break-up date, and subject to paragraph 4, eligible to be provided with specified treatment.\n\n4. A person in paragraph 3 is only eligible for specified treatment comprised of a psychiatric assessment if, in the written opinion of the VVCS member, the person could be suffering from a mental condition as a result of having been the spouse of, or partner of, a Vietnam veteran.\n\nNote (1): Generally, a person will cease to be a child within the meaning of section 5F of the Veterans’ Entitlements Act 1986 upon turning 16, or if in full-time education – on ceasing full-time education or on turning 25, or if in receipt of any of the payments under the Social Security Act specified in that section.\n\nNote (2): Psychiatric assessment is available for current dependants of Vietnam veterans (eg. children and partners) pursuant to the Veterans’ Entitlements Determination (Psychiatric Assessment – Dependants of Vietnam veterans) 2000 Instrument 2015 No. R14.\n\n  \nSCHEDULE 2\n\nSPECIFIED KIND OF TREATMENT\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act, and subject to the Act, is counselling services or psychiatric assessment or counselling services and psychiatric assessment.\n\nNote: under section 92 of the Act, the Minister for Veterans' Affairs must agree to the Repatriation Commission arranging for counselling and/or psychiatric services for eligible people and those services may only be provided pursuant to those arrangements.","sortOrder":1},{"sectionNumber":"(b) before, on or after 1 October 2016, ","sectionType":"division","heading":"(b) before, on or after 1 October 2016, ceased to be a child within the meaning of section 5F of the Act,","content":"### (b) before, on or after 1 October 2016, ceased to be a child within the meaning of section 5F of the Act,","sortOrder":2},{"sectionNumber":"is, subject to paragraph 2, eligible to ","sectionType":"division","heading":"is, subject to paragraph 2, eligible to be provided with specified treatment.","content":"### is, subject to paragraph 2, eligible to be provided with specified treatment.\n\n2. A person in paragraph 1 is only eligible for specified treatment comprised of a psychiatric assessment if, in the written opinion of the VVCS member, the person could be suffering from a mental condition as a result of having, or having had, a parent or guardian that is, or was, a Vietnam veteran.","sortOrder":3},{"sectionNumber":"3. A person who, on or after 1 October 2","sectionType":"division","heading":"3. A person who, on or after 1 October 2016, ceased to be a dependant of a Vietnam veteran because:","content":"### 3. A person who, on or after 1 October 2016, ceased to be a dependant of a Vietnam veteran because:","sortOrder":4},{"sectionNumber":"(a) the dependant or the Vietnam veteran","sectionType":"division","heading":"(a) the dependant or the Vietnam veteran obtained a divorce-order in respect of the marriage between the dependant and the Vietnam veteran; or","content":"![](image.001.png)\n\nRepatriation Commission\n\nVeterans' Entitlements (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2016\n\nInstrument 2016 No. R13\n\n| The Repatriation Commission, under paragraph 88A(1)(c), subsection 88A(2) and section 92 of the Veterans’ Entitlements Act 1986 (the Act) makes the following instrument.Dated this 5th day of May 2016The Seal of the )Repatriation Commission ) SEALwas affixed hereto in the )presence of: )Simon Lewis John Geary Major General Mark Kelly…………………………………………………………………………………………………………………………..SIMON LEWIS JOHN GEARY Major General Mark KellyAO DSCPRESIDENT ACTING DEPUTY PRESIDENT COMMISSIONER |\n| ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n  \n\n1 Name\n\nThis instrument is the Veterans' Entitlements (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2016.\n\n2 Commencement\n\nThis instrument commences on 1 October 2016.\n\n3 Revocation\n\nThe Veterans’ Entitlements Determination (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2006 (Instrument 2006 No. R16) is revoked.\n\n4 Definition\n\nIn this instrument:\n\nAct means the Veterans’ Entitlements Act 1986;\n\nbreak-up date means the date on which a divorce-order takes effect in respect of the marriage between a partner-dependant and a Vietnam veteran or, as the case may be, means the date on which the marriage-like relationship between a partner-dependant and a Vietnam veteran in the opinion of the Repatriation Commission ceased to exist;\n\nchild of a veteran has the meaning it has in section 10 of the Act;\n\nchild of a deceased veteran has the meaning it has in section 10 of the Act;\n\nchild has the meaning it has in section 5F of the Act;\n\ndependant has the meaning it has in section 11 of the Act;\n\ndivorce-order means a divorce order under Part VI of the Family Law Act 1975 in force from time to time;\n\nmarriage-like relationship means a relationship that, but for the couple to the relationship not being married, would otherwise be regarded as a marriage;\n\npartner-dependant means a dependant of a veteran other than a dependant who is a child of a veteran or a child of a deceased veteran;\n\nRepatriation Commission means the body corporate of that name continued in existence under section 179 of the Act;\n\nspecified class means the class of persons specified in Schedule 1 of this instrument;\n\nspecified treatment means treatment described in Schedule 2 of this instrument;\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act;\n\nVietnam service means operational service, as described in section 6C, 6E or 6F of the Act, rendered by a veteran in Vietnam;\n\nVietnam veteran means a veteran who rendered Vietnam service;\n\nVeterans and Veterans Families Counselling Service means the organisation within the Department of Veterans’ Affairs commonly known as the “Veterans and Veterans Families Counselling Service (or VVCS)” and comprised of people appointed under the Public Service Act 1999 whose role is to counsel veterans, including Vietnam veterans, and their dependants, and where appropriate, refer such people to psychiatrists for psychiatric assessment;\n\nVVCS member means a member of the Veterans and Veterans Families Counselling Service who is qualified to make a clinical referral for a specified treatment in line with the VVCS Clinical Practice policy.\n\n5 Savings\n\nA former dependant in the class of person specified in section 3 of Part 2 of the Veterans’ Entitlements Determination (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) 2006 (Instrument 2006 No. R16) who, immediately before 1 October 2016, was eligible for counselling and psychiatric assessment under that instrument, is, to the extent of that eligibility, taken to be eligible for counselling and psychiatric assessment under this instrument as if eligibility had been granted under this instrument.\n\nNote: The intention is that if a former spouse or partner of a Vietnam veteran was eligible for treatment under the old instrument for an unexpired portion of the relevant 5 year period, the person is eligible for treatment under this instrument for the remaining part of that 5 year period.\n\n6 Purpose\n\nTo specify, for the purposes of paragraph 88A(1)(c) of the Act, a class of former dependants of Vietnam veterans and the kind of treatment a former dependant within that class is eligible to be provided.\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may, with the approval of the Minister for Veterans' Affairs, arrange to provide a person within that class with treatment consisting of counselling services and/or psychiatric assessment.\n\n7 Specified class of dependants and kind of treatment\n\nFor the purposes of paragraph 88A(1)(c) of the Act, the Repatriation Commission specifies the class of dependants in Schedule 1 and the kind of treatment in Schedule 2.\n\nSCHEDULE 1\n\nSPECIFIED CLASS OF DEPENDANTS\n\n### 1\\. A person who:\n\n### (a) was a child of a veteran or a child of a deceased veteran, the veteran or deceased veteran being a Vietnam veteran; and\n\n### (b) before, on or after 1 October 2016, ceased to be a child within the meaning of section 5F of the Act,\n\n### is, subject to paragraph 2, eligible to be provided with specified treatment.\n\n2. A person in paragraph 1 is only eligible for specified treatment comprised of a psychiatric assessment if, in the written opinion of the VVCS member, the person could be suffering from a mental condition as a result of having, or having had, a parent or guardian that is, or was, a Vietnam veteran.\n\n### 3. A person who, on or after 1 October 2016, ceased to be a dependant of a Vietnam veteran because:\n\n### (a) the dependant or the Vietnam veteran obtained a divorce\\-order in respect of the marriage between the dependant and the Vietnam veteran; or\n\n### (b) the marriage-like relationship between the dependant and the Vietnam veteran ended (other than because the Vietnam veteran died);\n\n### is, for a single period of five years commencing on the break-up date, and subject to paragraph 4, eligible to be provided with specified treatment.\n\n4. A person in paragraph 3 is only eligible for specified treatment comprised of a psychiatric assessment if, in the written opinion of the VVCS member, the person could be suffering from a mental condition as a result of having been the spouse of, or partner of, a Vietnam veteran.\n\nNote (1): Generally, a person will cease to be a child within the meaning of section 5F of the Veterans’ Entitlements Act 1986 upon turning 16, or if in full-time education – on ceasing full-time education or on turning 25, or if in receipt of any of the payments under the Social Security Act specified in that section.\n\nNote (2): Psychiatric assessment is available for current dependants of Vietnam veterans (eg. children and partners) pursuant to the Veterans’ Entitlements Determination (Psychiatric Assessment – Dependants of Vietnam veterans) 2000 Instrument 2015 No. R14.\n\n  \nSCHEDULE 2\n\nSPECIFIED KIND OF TREATMENT\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act, and subject to the Act, is counselling services or psychiatric assessment or counselling services and psychiatric assessment.\n\nNote: under section 92 of the Act, the Minister for Veterans' Affairs must agree to the Repatriation Commission arranging for counselling and/or psychiatric services for eligible people and those services may only be provided pursuant to those arrangements.","sortOrder":5},{"sectionNumber":"(b) the marriage-like relationship betwe","sectionType":"division","heading":"(b) the marriage-like relationship between the dependant and the Vietnam veteran ended (other than because the Vietnam veteran died);","content":"### (b) the marriage-like relationship between the dependant and the Vietnam veteran ended (other than because the Vietnam veteran died);","sortOrder":6},{"sectionNumber":"is, for a single period of five years co","sectionType":"division","heading":"is, for a single period of five years commencing on the break-up date, and subject to paragraph 4, eligible to be provided with specified treatment.","content":"### is, for a single period of five years commencing on the break-up date, and subject to paragraph 4, eligible to be provided with specified treatment.\n\n4. A person in paragraph 3 is only eligible for specified treatment comprised of a psychiatric assessment if, in the written opinion of the VVCS member, the person could be suffering from a mental condition as a result of having been the spouse of, or partner of, a Vietnam veteran.\n\nNote (1): Generally, a person will cease to be a child within the meaning of section 5F of the Veterans’ Entitlements Act 1986 upon turning 16, or if in full-time education – on ceasing full-time education or on turning 25, or if in receipt of any of the payments under the Social Security Act specified in that section.\n\nNote (2): Psychiatric assessment is available for current dependants of Vietnam veterans (eg. children and partners) pursuant to the Veterans’ Entitlements Determination (Psychiatric Assessment – Dependants of Vietnam veterans) 2000 Instrument 2015 No. R14.\n\n  \nSCHEDULE 2\n\nSPECIFIED KIND OF TREATMENT\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act, and subject to the Act, is counselling services or psychiatric assessment or counselling services and psychiatric assessment.\n\nNote: under section 92 of the Act, the Minister for Veterans' Affairs must agree to the Repatriation Commission arranging for counselling and/or psychiatric services for eligible people and those services may only be provided pursuant to those arrangements.","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument maintains the same scope as its predecessor (the 2006 Determination). It continues to provide counselling and psychiatric assessment to former dependants of Vietnam veterans, with the same basic structure: unlimited access for former children (subject to clinical gateway for psychiatry) and 5-year limited access for former partners. The 2016 instrument is essentially a re-enactment with updated references and commencement date, not an expansion of scope."},"complexity_factors":["13 defined terms in section 4, many of which incorporate definitions from the parent Veterans' Entitlements Act 1986 by reference","Nested conditional eligibility: psychiatric assessment requires both (a) being in the specified class AND (b) a written clinical opinion from a VVCS member about causation","Different eligibility rules for two distinct sub-classes (former children vs former partners) with different time limits (unlimited vs 5-year cap)","Cross-references to multiple sections of the Veterans' Entitlements Act 1986 (sections 5C, 5F, 6C, 6E, 6F, 10, 11, 88A, 92, 179) and the Family Law Act 1975","Savings provision (section 5) that preserves rights under the revoked 2006 instrument, creating transitional complexity","Ministerial approval requirement adds an additional layer of administrative conditionality"],"plain_english_summary":"This law authorises free counselling through VVCS and, where clinically indicated, psychiatric assessments for two groups formerly classed as dependants of Vietnam veterans: grown former children (ongoing counselling; assessments only if a VVCS counsellor suspects a service‑related mental health condition) and former partners whose relationship ended by separation or divorce (services for five years from the breakup; assessments only if clinically indicated). It recognises lasting harm after legal dependency ends. Services require the Minister for Veterans’ Affairs’ approval."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument revokes the 2006 Determination and re‑states the specified classes and kinds of treatment while preserving existing, unexpired entitlements via a savings clause (cls 3 and 5). On the face of this instrument alone, it does not remove previously preserved entitlements and appears to maintain the same targeted scope (ex‑children and former partners subject to the clinical and time limits set out in Schedule 1)."},"complexity_factors":["Multiple statutory cross-references (definitions rely on sections 5F, 10, 11, 5C, and operational‑service sections 6C/6E/6F of the Veterans' Entitlements Act) increasing interpretive load (cl.4; Schedule 1).","Discretionary clinical threshold: psychiatric assessment eligibility depends on a VVCS member's written opinion that a person could be suffering from a mental condition (Schedule 1, paras 2 and 4).","Time‑limited eligibility for former partners: single five‑year entitlement measured from a 'break‑up date' (Schedule 1, para 3), requiring evidence and date‑finding.","Break‑up date definition introduces administrative fact‑finding and Commission opinion for marriage‑like relationships (cl.4 definition of break‑up date).","Ministerial approval required before the Commission can arrange services under Part V (cl.6 and Schedule 2 note referring to s.92 of the Act), adding an executive sign‑off step.","Revocation plus savings clause: cancels the 2006 Determination but preserves unexpired entitlements, creating transitional administration (cls 3 and 5).","Dependence on non‑statutory clinical policy (VVCS Clinical Practice) for referral practice creates external implementation requirements (cl.4 definitions).","Interaction with other instruments (e.g. instrument providing psychiatric assessment to current dependants) requires cross‑instrument reading (Schedule 1 note referencing Instrument 2015 No. R14)."],"plain_english_summary":"This instrument defines which former dependants of Vietnam veterans may receive counselling services and/or psychiatric assessment through the Repatriation Commission and the Veterans and Veterans Families Counselling Service (VVCS). It replaces the 2006 Determination and takes effect on 1 October 2016.\n\nEligible people include ex-children who have ceased to be \"children\" under the Act and former partners for a single five‑year period after a break‑up; psychiatric assessment is only available where a VVCS clinician gives a written opinion that a service is needed. The Repatriation Commission arranges services with ministerial approval and departmental funding."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/f2016l00983","history":"/api/acts/f2016l00983/history","analysis":"/api/acts/f2016l00983/analysis","conflicts":"/api/acts/f2016l00983/conflicts","importantCases":"/api/acts/f2016l00983/important-cases","documents":"/api/acts/f2016l00983/documents"}}