{"id":"F2017L00268","name":"Veterans' Entitlements (Veterans' Children Education Scheme) Eligible Persons Determination 2017","slug":"veterans-entitlements-veterans-children-education-scheme-eligible-persons-determination-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95973,"registerId":"commonwealth-F2017L00268-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"The purpose of this instrument is to det","sectionType":"division","heading":"The purpose of this instrument is to determine a class of persons, under subsection 116A(1) of the Act, for the purposes of paragraph (e) of the definition of “eligible child of a veteran” in subsection 116(1) of the Act.","content":"### The purpose of this instrument is to determine a class of persons, under subsection 116A(1) of the Act, for the purposes of paragraph (e) of the definition of “eligible child of a veteran” in subsection 116(1) of the Act.\n\nNote: A person who falls within the definition of “eligible child of a veteran” is an “eligible child” within the meaning of section 116 of the Act and may be eligible for certain education and training benefits under the Veterans’ Children Education Scheme made under section 117 of the Act.\n\n7 Determined classes of persons","sortOrder":0},{"sectionNumber":"For the purposes of paragraph (e) of the","sectionType":"division","heading":"For the purposes of paragraph (e) of the definition of “eligible child of a veteran” in subsection 116(1) of the Act, the Repatriation Commission determines the classes of persons in the items in the Schedule.","content":"### For the purposes of paragraph (e) of the definition of “eligible child of a veteran” in subsection 116(1) of the Act, the Repatriation Commission determines the classes of persons in the items in the Schedule.\n\n  \n\nSCHEDULE\n\nDETERMINED CLASSES OF PERSONS\n\nItem 1\n\nA person:\n\n(a) who is a child of a veteran with Vietnam service, or who was a child of a veteran with Vietnam service (former child); and\n\n(b) who:\n\n(i) is diagnosed by a registered medical practitioner or a registered psychologist as having a depressive disorder; or\n\n(ii) is, in the opinion of an appropriately qualified professional, vulnerable.\n\nItem 2\n\nA person:\n\n(a) who is a child of a veteran with Vietnam service, or who was a child of a veteran with Vietnam service (former child); and\n\n(b) who is making the transition to tertiary study and is academically able to complete an undergraduate degree (or similar tertiary course of study); and\n\n(c) whose family circumstances are such that the person may require additional financial assistance.\n\nNote (1): \"Child\" as defined in the Act has a different meaning to its normal meaning. A child is someone who is younger than 16 years or, if in full time education, younger than 25 years. A “former child” is, therefore, depending on their education circumstances, a person who is 16 years or older and not in\n\nfull-time education, or 25 years or older.\n\nNote (2): The class determined in item 2 is known as the “Long Tan Class of Person”. A person within this class is eligible for the benefits referred to in paragraph 7.3 of the Veterans’ Children Education Scheme (Instrument 2015 No. R43) namely, the Long Tan Bursary (see paragraph 7.3.2 of the Scheme).","sortOrder":1}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: expanding eligibility for education benefits to specific disadvantaged groups of Vietnam veterans' children. It has not expanded beyond this narrow remit."},"complexity_factors":["Heavy reliance on external definitions — the term \"child\" has a specialised meaning (under 16, or under 25 if studying full-time) defined in the parent Act, not in this instrument","Circular referencing — the instrument repeatedly references subsection 116(1) and 116A(1) of the Veterans' Entitlements Act without reproducing those provisions","Vague qualifying criteria — Item 1(b)(ii) uses \"vulnerable\" without definition, and Item 2(c) uses \"family circumstances... such that the person may require additional financial assistance\" without objective thresholds","Nested conditions — each item has multiple layered requirements (a), (b), and in Item 2 also (c)","Only 2 substantive items in the Schedule, but requires cross-reading with the Veterans' Children Education Scheme (Instrument 2015 No. R43) to understand actual benefits available"],"plain_english_summary":"This law expands access to the Veterans' Children Education Scheme for children of Vietnam War veterans by creating two special eligibility groups — vulnerable children (including those with diagnosed depression or professional vulnerability assessments) and a \"Long Tan Class\" of academically capable students entering university who need financial support. It lets affected veterans' children access benefits like the Long Tan Bursary, recognising lasting health and financial harms from service."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Act’s text; it specifies which groups fall within paragraph 116(1)(e) by determining classes under subsection 116A(1). It therefore clarifies scope for Scheme eligibility without expanding statutory categories beyond those enabled by the cited provisions."},"complexity_factors":["Dependence on cross-references to the Act: eligibility hinges on paragraph 116(1)(e) and subsection 116A(1) (see instrument purpose and heading).","Use of medical and professional assessments: Item 1 requires diagnosis by a registered medical practitioner or psychologist, or an opinion by an “appropriately qualified professional” (Schedule, Item 1(b)).","Discretionary and qualitative terms: ‘vulnerable’, ‘appropriately qualified professional’, and ‘family circumstances’ create assessment judgment calls (Schedule, Items 1(b)(ii), 2(c)).","Interaction with existing Scheme rules: Item 2 links to specific Scheme benefits (Long Tan Bursary) and requires cross-reference to Veterans’ Children Education Scheme Instrument 2015 No. R43 (Schedule Note (2)).","Age and education-status definitions affect scope: meaning of ‘child’ and ‘former child’ depends on age and full-time education status as defined in the Act (Schedule Note (1)).","Administrative burden and decision-maker: the Repatriation Commission determines classes and implements eligibility assessments, creating administrative procedures and evidentiary requirements (section 7 / Schedule)."],"plain_english_summary":"This instrument, made under subsection 116A(1), declares two classes of people who count as an “eligible child of a veteran” for the Veterans’ Children Education Scheme (paragraph 116(1)(e)). It covers children or former children of veterans with Vietnam service who either have a diagnosed depressive disorder or are assessed as vulnerable, and a “Long Tan” class: those moving into tertiary study who are academically able but need extra financial help.\n\nThe Repatriation Commission makes the determination. Qualifying persons can apply for the Scheme’s education benefits (including the Long Tan Bursary)."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-veterans-children-education-scheme-eligible-persons-determination-2017","history":"/api/acts/veterans-entitlements-veterans-children-education-scheme-eligible-persons-determination-2017/history","analysis":"/api/acts/veterans-entitlements-veterans-children-education-scheme-eligible-persons-determination-2017/analysis","conflicts":"/api/acts/veterans-entitlements-veterans-children-education-scheme-eligible-persons-determination-2017/conflicts","importantCases":"/api/acts/veterans-entitlements-veterans-children-education-scheme-eligible-persons-determination-2017/important-cases","documents":"/api/acts/veterans-entitlements-veterans-children-education-scheme-eligible-persons-determination-2017/documents"}}