{"id":"F2026L00053","name":"Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026","slug":"f2026l00053","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319800,"registerId":"commonwealth-F2026L00053-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Veterans’ Entitlements (Veterans’ Children Education Scheme—Guidance and Counselling Services) Determination 2026.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences the day after it is registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 118(2) of the Veterans’ Entitlements Act 1986.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: Some expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Commission (section 5Q);\n    (b) Veterans’ Children Education Scheme (section 117).\n  In this instrument:\n\n> 58B Defence Determination means a determination made under section 58B of the Defence Act 1903.\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> Black Hawk Helicopter Accident means the accident on 12 June 1996, in Australia, involving Black Hawk helicopters carrying members of the Defence Force.\n\n> dependent child, in relation to a member of the Defence Force and despite section 5F of the Act, means a child of the member who is wholly or partly dependent on the member for economic support and is either:\n\n    (a) under 16; or\n    (b) 16 or older but under 25, being a child who:\n    (i) is in full-time education at a school, college, university or other educational institution; and\n    (ii) is not ordinarily in employment or working on their own account.\n\n> ex gratia decision means the decision of the Federal Government of Australia on 10 June 1997 to make lump sum payments in respect of members of the Defence Force:\n\n    (a) who were severely injured or killed in the Black Hawk Helicopter Accident; or\n    (b) who were severely injured or killed on or after 7 April 1994 while rendering continuous full-time service.\n\n> Note: 7 April 1994 is the date on which the Military Compensation Scheme under the Safety, Rehabilitation and Compensation Act 1988 commenced.\n\n> member of the Defence Force has the meaning that “member” has in section 58A of the Defence Act 1903.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Extension of guidance and counselling services to certain dependent children","content":"#### 5 Extension of guidance and counselling services to certain dependent children\n\n  (1) For subsection 118(2) of the Act, the Commission may provide guidance and counselling services under the Veterans’ Children Education Scheme for a dependent child of a member of the Defence Force if that member satisfies subsection (2).\n  (2) A member of the Defence Force satisfies this subsection if an additional death benefit or severe injury adjustment was payable in respect of the member under the ex gratia decision or a 58B Defence Determination.","sortOrder":4}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original narrow purpose: extending specific education support services to a defined cohort of Defence children. There is no evidence of scope creep; it targets precisely the group identified (children of those covered by the ex gratia decision and 58B determinations) without expanding into unrelated areas."},"complexity_factors":["Very short instrument (only 5 sections, approximately 300 words)","Only 6 defined terms, all straightforward","Single operative provision (section 5) with simple two-part test","No nested exceptions or complex conditional logic","Minimal cross-referencing (only to parent Act and one Defence Act provision)","Clear, linear structure following standard legislative template"],"plain_english_summary":"This instrument lets the Repatriation Commission provide free psychological, career and educational counselling to dependent children of Australian Defence Force members killed or severely injured in the 1996 Black Hawk crash or in service on/after 7 April 1994. It covers children under 16 and full‑time students aged 16–24 who were financially dependent, extending Veterans' Children Education Scheme support to those whose parents received ex gratia or 58B Defence compensation—ensuring support regardless of formal “veteran” status."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument specifies an extension of guidance and counselling to a defined subset of dependants but does not itself repeal or amend the Act. The text does not state it alters previously enacted scope; no earlier instrument is provided for direct comparison, so no demonstrable change from original statutory scope is shown in this instrument alone."},"complexity_factors":["Cross-references to other statutes and provisions (Veterans’ Entitlements Act s.118(2); Defence Act s.58A/s.58B) increase legal navigation (see ss.3, 4, 5).","Defined special terms narrow eligibility (\"ex gratia decision\", \"dependent child\" overrides s.5F) and require factual verification (see s.4 definitions).","Eligibility hinges on prior administrative/ministerial determinations or historical payments, creating evidentiary and record-checking burdens (see s.5(2)).","Use of permissive language — \"may provide\" — gives the Commission administrative discretion over provision of services (see s.5(1)).","The instrument is short and prescriptive; it does not set delivery, funding, or procedural rules, leaving implementation details to the Commission."],"plain_english_summary":"This instrument allows the Repatriation Commission to provide guidance and counselling under the Veterans’ Children Education Scheme to dependent children of Defence Force members who received an additional death benefit or severe injury adjustment under the 1997 ex gratia decision or a section 58B Defence Determination. It matters because it mechanically extends access to support services for a narrowly defined group of veteran dependants and clarifies who may be eligible under the Scheme."}},"importantCases":[],"_links":{"self":"/api/acts/f2026l00053","history":"/api/acts/f2026l00053/history","analysis":"/api/acts/f2026l00053/analysis","conflicts":"/api/acts/f2026l00053/conflicts","importantCases":"/api/acts/f2026l00053/important-cases","documents":"/api/acts/f2026l00053/documents"}}