Document ID: chunk:federal_register_of_legislation:F2016L00983:body:0:p2
Version: federal_register_of_legislation:F2016L00983
Segment Type: other
Provision Reference: 
Character Range: 3298–6198

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.

  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