Commonwealth legislation

Veterans’ Entitlements (Psychiatric Assessment - Dependants of Vietnam Veterans) Determination 2000 (6 August 2015)

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Commonwealth

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legislative instrument

Plain English Summary

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What it does: This Determination names dependants of veterans who rendered operational service in Vietnam as a "specified class" eligible for psychiatric assessment and related treatment under the Veterans’ Entitlements Act 1986, and it revokes the earlier 2000 instrument.

Who it affects and why it matters: Dependants (as defined in s11 of the Act) of Vietnam veterans may receive psychiatric assessment provided by the Repatriation Commission, subject to section 92 and Ministerial approval; the Determination only sets eligibility, not detailed funding rules.

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Current sections

Direct links to the current provisions in Veterans’ Entitlements (Psychiatric Assessment - Dependants of Vietnam Veterans) Determination 2000 (6 August 2015).

Repatriation Commission

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Part 1 Introduction

1.1 Name of Determination

This Determination is the Veterans' Entitlements (Psychiatric Assessment - Dependants of Vietnam Veterans) Determination 2000.

1.2 Commencement

This Determination commences on the day after registration.

1.2A Revocation

The Veterans' Entitlements Determination (psychiatric assessments - dependants of Vietnam veterans) 2000 (Instrument No.25/2000 made on 8 December 2000) is revoked.

1.3 Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

dependant is a person described in section 11 of the Act.

specified treatment means treatment described in Part 3 of this Determination.

veteran means a person as defined 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 the veteran in Vietnam.

1.4 Purpose

Paragraph 88A(1)(b) of the Act states: "

Paragraph 88A(1)(b) of the Act states: "a person who is the dependant of a veteran and who is in a specified class is eligible to be provided with treatment of a specified kind under this Part." The purpose of this Determination is to specify the class of dependant to whom paragraph 88A(1)(b) of the Act is to apply and the kind of treatment a person within the class is eligible to receive.

Part 2 Specified Class of Dependant

2.1 A person is in a specified class under paragraph 88A(1)(b) of the Act if the person is a dependant of a veteran with Vietnam service.

Part 3 Treatment of a Specified Kind

3.1 A person in a specified class of person in paragraph 2.1 is, subject to section 92 of the Act, eligible to be provided with treatment under paragraph 92(1)(b) of the Act.

Note: Paragraph 92(1)(b) of the Act provides for, among other things, the Repatriation Commission, with the approval of the Minister, to provide for psychiatric assessment of certain persons.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Repatriation Commission Repatriation Commission