Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)
Schedule 2 Single ongoing Act enhancements
Part 1 Amendments relating to allowances etc.
Division 6 Education schemes
Military Rehabilitation and Compensation Act 2004
66 Before section 258
Insert:
Subdivision A - Preliminary
257A Definitions
(1) In this Division:
VEA eligible child means:
(a) a child of a deceased member of the Forces, or of a deceased member of a Peacekeeping Force, being a member:
(i) whose death was defence-caused (within the meaning of the VEA); or
(ii) who was, immediately before the member's death, a member to whom subsection 22(4) or section 24 of the VEA applied; or
(iii) who was, immediately before the member's death, in receipt of a pension under Part IV of the VEA in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of that Act; or
(b) a child of a member of the Forces, or of a member of a Peacekeeping Force, being a member:
(i) to whom subsection 22(4) or section 24 of the VEA applies; or
(ii) who is in receipt of a pension under Part IV of the VEA in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of that Act; or
(c) a child of a deceased veteran, being a veteran:
(i) whose death was war-caused (within the meaning of the VEA); or
(ii) who was, immediately before the veteran's death, a veteran to whom subsection 22(4) or section 24 of the VEA applied; or
(iii) who was, immediately before the veteran's death, in receipt of a pension under Part II of the VEA in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of that Act; or
(iv) who was a prisoner of war at a time when the veteran was on operational service; or
(d) a child of a veteran, being a veteran:
(i) to whom subsection 22(4) or section 24 of the VEA applies; or
(ii) who is in receipt of a pension under Part II of the VEA in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of that Act; or
(e) a child of a deceased veteran, being a child who is in receipt of a pension under subsection 13(4) of the VEA; or
(f) a person determined under subsection 257C(4) of this Act to be included in a class that has been determined by the Commission under subsection 257B(1) of this Act.
VEA eligible grandchild means a person determined under subsection 257C(4) to be included in a class of persons that has been determined by the Commission under subsection 257B(2).
(2) If, after the death of a member of the Forces, or of a member of a Peacekeeping Force, a pension is granted in respect of the member under Part IV of the VEA, or the rate of the pension granted to the member under Part IV of the VEA is increased, as from a date before the death of the member in circumstances where:
(a) subsection 22(4) or section 24 of the VEA applied to the member; or
(b) the member was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of the VEA;
then, the member is taken, for the purposes of paragraphs (a) and (b) of the definition of VEA eligible child in subsection (1) of this section, to have been:
(c) if paragraph (a) of this subsection applies - a member to whom subsection 22(4) or section 24 of the VEA applied immediately before the member's death; or
(d) if paragraph (b) of this subsection applies - in receipt of that pension or of pension at that increased rate, as the case may be, immediately before the member's death.
(3) If, after the death of a veteran, a pension is granted in respect of the veteran under Part II of the VEA, or the rate of the pension granted to the veteran under Part II of that Act is increased, as from a date before the death of the veteran in circumstances where:
(a) subsection 22(4) or section 24 of the VEA applied to the veteran; or
(b) the veteran was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of the VEA;
then, the veteran is taken, for the purposes of paragraphs (c) and (d) of the definition of VEA eligible child in subsection (1) of this section, to have been:
(c) if paragraph (a) of this subsection applies - a veteran to whom subsection 22(4) or section 24 of the VEA applied immediately before the veteran's death; or
(d) if paragraph (b) of this subsection applies - in receipt of that pension or of pension at that increased rate, as the case may be, immediately before the veteran's death.
Extended meaning of child
(4) A reference in subsection (1) to a child of a person (however described) includes a reference to any child who is, or was immediately before the death of the person, wholly or substantially dependent on the person.
(5) For the purposes of subsection (4), if a person is, under a law of the Commonwealth or of a State or Territory, liable to maintain a child, the child is taken to be wholly or substantially dependent on that person.
Certain expressions have same meaning as in VEA
(6) The following expressions have the same meaning when used in this section as they have in the VEA:
(a) member of the Forces;
(b) member of a Peacekeeping Force;
(c) veteran.
257B Determination of classes for purposes of definitions of VEA eligible child and VEA eligible grandchild
(1) The Commission may, by legislative instrument, determine a class of persons for the purposes of paragraph (f) of the definition of VEA eligible child in subsection 257A(1). However, the persons must be the children of veterans (within the meaning of the VEA) who rendered service before 1 July 2004.
(2) The Commission may, by legislative instrument, determine a class of persons for the purposes of the definition of VEA eligible grandchild in subsection 257A(1). However, the persons must be the grandchildren of veterans (within the meaning of the VEA) who have rendered operational service in Vietnam that is covered by section 6F of the VEA or section 446 or 450 of this Act.
Variation or revocation
(3) The Commission may, by legislative instrument, vary or revoke a determination under subsection (1) or (2).
257C Determination that person is included in class determined under section 257B
Application for determination
(1) A person may make an application to the Commission for a determination that the person is included in one of the following classes of persons (a determined class ):
(a) a class of persons determined by the Commission under subsection 257B(1);
(b) a class of persons determined by the Commission under subsection 257B(2).
(2) The application may be made on behalf of the person:
(a) with the person's approval; or
(b) by the person's legal personal representative; or
(c) if the person is unable, because of physical or mental incapacity, to approve someone to make the application on the person's behalf - by another person approved by the Commission; or
(d) if the person is under the age of 18 years:
(i) by a parent or guardian of the person; or
(ii) by someone approved by a parent or guardian of the person; or
(iii) if there is not a parent or guardian of the person alive, or willing and able to make, or approve someone to make such an application on behalf of the person - by another person approved by the Commission.
(3) The application is to be lodged at a place approved by the Commission under subsection 323(2) and is taken to have been made on a day determined under that subsection.
Determination that person is included in a class
(4) If an application has been made under subsection (1) in respect of a person, the Commission must determine:
(a) if the Commission is satisfied that the person falls within a determined class - that the person is included in that determined class; or
(b) otherwise - that the person is not included in a determined class.
Subdivision B - Education scheme for certain eligible young persons and other children