Commonwealth Coat of Arms of Australia

 

Veterans’ Entitlements (Veterans’ Children Education Scheme) Amendment Determination 2024

I, Matthew James Keogh, Minister for Veterans’ Affairs, approve for the purposes of subsection 117(9) of the Veterans’ Entitlements Act 1986, the determination by the Repatriation Commission in the following instrument.

Dated  18 December 2024

Matthew James Keogh

Minister for Veterans’ Affairs


The Repatriation Commission makes the following instrument.

Dated  10 December 2024

The Seal of the

Repatriation Commission

was affixed to this instrument

in the presence of:

Mark Brewer

Gwen Cherne

AM CSC and Bar

 

Acting Deputy President

 

Commissioner

Kahlil Fegan

 

DSC AM

 

Commissioner

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

Veterans’ Children Education Scheme (Instrument 2015 No. R43)

 

1  Name

  This instrument is the Veterans’ Entitlements (Veterans’ Children Education Scheme) Amendment Determination 2024.

2  Commencement

  This instrument commences on the day after the day it is registered.

3  Authority

  This instrument is made under subsection 117(8) of the Veterans’ Entitlements Act 1986.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Veterans’ Children Education Scheme (Instrument 2015 No. R43)

1  Paragraph 1.2.1 (definition of double orphan, paragraphs (b), (c) and (d))

substitute

(b) an eligible child who has one parent and:

  1.        the deceased parent was a member or veteran by reference to whom the child is an ‘eligible child’; and
  2.      the Commission is satisfied the child is not being maintained by the surviving parent.

2  Paragraph 7.3.3

substitute

 7.3.3 In deciding whether to award a Long Tan Bursary to an Eligible child or eligible grandchild of a Vietnam veteran, the Commission must take into account any matter that the Commission thinks is relevant.

 7.3.3A The Commission may award a bursary subject to conditions stated in the document offering the bursary to the person (however described).

3  After paragraph 7.3.4

insert

 7.3.4A The Commission may suspend or terminate a Long Tan Bursary if a person who has been awarded the bursary fails to comply with a condition imposed under paragraph 7.3.3A.

 7.3.4B If the Commission suspends or terminates the bursary, the Commission must give the person a written notice stating:

  (a) that the bursary is suspended or terminated; and

  (b) the day the suspension or termination takes effect.

 7.3.4C For subparagraph 7.3.4B(b), the Commission may state a day that is on or after the day the person fails to comply, or begins to fail to comply, with the condition.

  Note: An overpayment may be recovered under section 205 of the Act.


4  At the end of paragraph 7.3

insert

 7.3.7 In this paragraph:

administer, a Long Tan Bursary, includes:

  1.   accept and assess an application for the bursary; and
  2.   award or refuse to award the bursary to an applicant; and
  3.   impose conditions on a bursary; and
  4.   monitor and report on a recipient of the bursary; and
  5.   carry out the actions mentioned in paragraph 7.3.4A or 7.3.4B.