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Veterans' Entitlements (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2016
(a) was a child of a veteran or a child (a) was a child of a veteran or a child of a deceased veteran, the veteran or deceased veteran being a Vietnam veteran; and
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Veterans' Entitlements (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2016
Instrument 2016 No. R13
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
1 Name
This instrument is the Veterans' Entitlements (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2016.
2 Commencement
This instrument commences on 1 October 2016.
3 Revocation
The Veterans’ Entitlements Determination (Counselling and Psychiatric Assessment – Former Dependants of Vietnam Veterans) Determination 2006 (Instrument 2006 No. R16) is revoked.
4 Definition
In this instrument:
Act means the Veterans’ Entitlements Act 1986;
break-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;
child of a veteran has the meaning it has in section 10 of the Act;
child of a deceased veteran has the meaning it has in section 10 of the Act;
child has the meaning it has in section 5F of the Act;
dependant has the meaning it has in section 11 of the Act;
divorce-order means a divorce order under Part VI of the Family Law Act 1975 in force from time to time;
marriage-like relationship means a relationship that, but for the couple to the relationship not being married, would otherwise be regarded as a marriage;
partner-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;
Repatriation Commission means the body corporate of that name continued in existence under section 179 of the Act;
specified class means the class of persons specified in Schedule 1 of this instrument;
specified treatment means treatment described in Schedule 2 of this instrument;
veteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act;
Vietnam service means operational service, as described in section 6C, 6E or 6F of the Act, rendered by a veteran in Vietnam;
Vietnam veteran means a veteran who rendered Vietnam service;
Veterans 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;
VVCS 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.
5 Savings
A 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.
Note: 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.
6 Purpose
To 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.
Upon 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.
7 Specified class of dependants and kind of treatment
For 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.
SCHEDULE 1
SPECIFIED CLASS OF DEPENDANTS
1. A person who:
(a) was a child of a veteran or a child of a deceased veteran, the veteran or deceased veteran being a Vietnam veteran; and
(b) before, on or after 1 October 2016, ceased to be a child within the meaning of section 5F of the Act,
is, subject to paragraph 2, eligible to be provided with specified treatment.
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.
3. A person who, on or after 1 October 2016, ceased to be a dependant of a Vietnam veteran because:
(a) the dependant or the Vietnam veteran obtained a divorce-order in respect of the marriage between the dependant and the Vietnam veteran; or
(b) the marriage-like relationship between the dependant and the Vietnam veteran ended (other than because the Vietnam veteran died);
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.
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.
Note (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.
Note (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.
SCHEDULE 2
SPECIFIED KIND OF TREATMENT
The 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.
Note: 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.