Document ID: chunk:federal_register_of_legislation:F2021L00804:body:0:p1
Version: federal_register_of_legislation:F2021L00804
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Repatriation Commission

Veterans' Entitlements (Counselling) Extended Eligibility Determination 2021

Instrument 2021 No. R11

I, Vicki Rundle, as delegate of the Minister for Veterans' Affairs, approve for the purposes of subsection 92(1) of the Veterans' Entitlements Act 1986, the arrangement between the Repatriation Commission and "Open Arms" (formerly the "Veterans and Veterans' Families Counselling Service" (VVCS)) of the Department of Veterans' Affairs whereby Open Arms is to provide counselling services for the classes of persons specified in Part 2 of the following determination.

Dated this                 17th                           June             2021

…Vicki Rundle…
Vicki Rundle
Deputy Secretary, Veterans' and Families' Services
Department of Veterans' Affairs

The Repatriation Commission, under subsection 92(2) of the Veterans' Entitlements Act 1986 makes the following determination.

Dated this        17th                 day of          June                        2021

The Seal of the                                                                )
Repatriation Commission                                                )
was affixed hereto in the                                                 )
presence of:                                                                     )

……………Elizabeth Cosson………………………………………..Kate Pope……………………………………………Donald Spinks…
ELIZABETH COSSON                                                                                                               KATE POPE                     DONALD SPINKS
am csc                                                                                                                         PSM                                AM
                       PRESIDENT                                                                                               DEPUTY PRESIDENT  COMMISSIONER

……………………………………...Gwen Cherne……………………………………………………………………….Stuart Smith…………..
GWEN CHERNE   Stuart Smith
              AO DSC
COMMISSIONER  COMMISSIONER

Part 1 Introduction

  1        Name

  This instrument is the Veterans' Entitlements (Counselling) Extended Eligibility Determination 2021.

  2        Commencement

     (1)     Subject to subsection (2), this instrument is taken to have commenced on the day after it is registered.

     (2)     Paragraph (o) of section 6 of Part 2 is taken to have commenced on 1 July 2017 immediately after the commencement of the Veterans' Entitlements (Counselling) Extended Eligibility Determination (No. 2) 2017.

  3        Authority

  This instrument is made under subsection 92(2) of the Veterans' Entitlements Act 1986.

  4        Revocation

  The Veterans' Entitlements (Counselling) Extended Eligibility Determination (No. 2) 2017 is revoked.

  5        Interpretation

  In this instrument:

   Act means the Veterans' Entitlements Act 1986.

   accepted mental health disability, in relation to a member or former member of the Australian Defence Force who is not a veteran, member of the Forces or a member of a Peacekeeping Force, means:

       (a) a mental health disability of the person for which the Military Rehabilitation and Compensation Commission has accepted liability to pay compensation under the Military Rehabilitation and Compensation Act 2004; or

       (b) a mental health disability of the person for which the person has received compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

            Note 1:     A veteran, member of the Forces or a member of a Peacekeeping Force, with a mental health disability (whether a pension is paid for it or not) is eligible for counselling under s.92 of the Act, as affected by s.81, simply by virtue of being "a veteran".

             Note 2: Section 81 of the Act provides that for the purposes of Part V of the Act i.e. the Part containing s.92 under which counselling may be provided, "veteran"