Document ID: chunk:federal_register_of_legislation:F2016L00983:body:0:p3
Version: federal_register_of_legislation:F2016L00983
Segment Type: other
Provision Reference: 
Character Range: 5955–8325

of the Act,

  is, subject to paragraph 2, eligible to be provided with specified treatment.

  2.  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.

  4. 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.