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Repatriation Commission

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      2016

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

    Simon Lewis                              John Geary                                                Major General Mark Kelly
…………………………………………………………………………………………………………………………..
 SIMON LEWIS                        JOHN GEARY                                  Major General Mark Kelly
                                                                                                                                          AO DSC
   PRESIDENT                 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