Federal Register of Legislation - Australian Government

Primary content

5/2002 Schemes as made
To make provision for a bursary under the Veterans' Children Education Scheme (made under s.117 of the Veterans' Entitlements Act 1986) called the "Long Tan Bursary".
Administered by: Veterans' Affairs
Registered 10 May 2005
Tabling HistoryDate
Tabled HR14-May-2002
Tabled Senate14-May-2002
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

                REPATRIATION COMMISSION

 

                                    Veterans' Entitlements Act 1986

 

Veterans' Children Education Scheme (Long Tan Bursary) Instrument

 

Instrument No. 5/2002

 

The Repatriation Commission makes this Instrument under subsection 117(2) of the Veterans’ Entitlements Act 1986.

 

 

 

 

Dated               12th April                                                          2002

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NEIL JOHNSTON
PRESIDENT

IAN CAMPBELL

DEPUTY PRESIDENT

PAUL STEVENS
COMMISSIONER

 

                                 Repatriation Commission

              _________________________________________________________

 

 

1       Name of instrument

 

This Instrument is the Veterans' Children Education Scheme (Long Tan Bursary) Instrument No. 5/2002.

 

2       Commencement

 

This Instrument commences upon its approval by the Minister for Veterans' Affairs.

Note: subsection 117(3) of the Veterans' Entitlements Act 1986 provides that a variation of the       

Veterans' Children Education Scheme is of no effect unless approved by the Minister for                 Veterans' Affairs.

 

3    Variation of the Veterans' Children Education Scheme

 

         Schedule 1 varies the Veterans' Children Education Scheme.

 


Schedule 1                   Variations

 

[1]              Paragraph 1.2.1 (definition of "double orphan")

 

after this definition, insert:

 

                   "Long Tan Bursary" means the bursary that may be provided by the Commission under paragraph 7.3.2 of the Scheme to an appropriate Eligible child in order to assist the child with their tertiary education.

 

[2]                        Paragraph 2.1.1

 

                                      after this paragraph, insert:

 

                             2.1A                Eligible child Entitlement Restrictions

 

                        2.1A.1  A child who is an Eligible child by virtue of a determination by the Commission under subsection 116C (2) of the Act that the child is within a class of persons determined by the Commission under section 116A of the Act, being a class of persons described in paragraph 2.1 c) iii) of Instrument 27/2000 of 8 December 2000 (as varied by Instrument 4/2002) (Long Tan Class of Child), may be awarded a Long Tan Bursary but is not entitled to any other benefit under the Scheme if the child is an Eligible child only by virtue of being determined by the Commission to be an Eligible child because the child is within the Long Tan Class of Child.

                        Note: the intention is that in order for a child to be eligible under the Scheme for benefits generally, the child must be eligible for benefits on a ground other than that of being a child within a Long Tan Class of Child.  A child who is an Eligible child under the Scheme solely because he or she falls within the Long Tan Class of Child is only eligible for the Long Tan Bursary and no other benefit under the Scheme.  However there is nothing preventing an Eligible child eligible for benefits under the Scheme generally, from receiving a Long Tan Bursary if they are within the Long Tan Class of Child.

 

[3]                        Paragraph 2.11.1

 

                                      after this paragraph, insert:

 

                   2.11.2              For the purposes of paragraph 2.11.1, a child is not receiving financial assistance under any other Commonwealth education assistance, income support or similar scheme, if the child is receiving education assistance, income support or similar assistance from the Commonwealth under the auspices of the Department or the Commission.

 


[4]                        Paragraph 7.2.3         

 

                                      after this paragraph, insert:

 

                             7.3       Long Tan Bursary

 

                        7.3.1    The Commission may create a bursary to be known as the Long Tan Bursary and the Commission may determine the duration and value of the bursary and the number of bursaries to be granted in any Calendar year.

                        Note (1): under section 23 of the Acts Interpretation Act 1901 words in the singular number (eg. bursary) include the plural (eg. bursaries).

                   Note (2): Calendar year is defined in section 22 of the Acts Interpretation Act 1901.

 

                   7.3.2    The Commission may award a Long Tan Bursary to an Eligible child but only if the child is an Eligible child by virtue of a determination under subsection 116C (2) of the Act that the child is within a class described in paragraph 2.1 c) iii) of Instrument 27/2000 of 8 December 2000 (as varied by Instrument 4/2002).

                        Note: generally speaking, only a needy child of a Vietnam veteran may receive a Long Tan Bursary where such child is making the transition to tertiary education.

 

                        7.3.3      In deciding whether or not to award a Long Tan Bursary to an Eligible child, the Commission must take into account the matters in the document prepared by the Commission and known as the "Long Tan Bursary Operational Guidelines 2002."

 

                        7.3.4    An Eligible child who is awarded a Long Tan Bursary is not entitled to another Long Tan Bursary.

 

                        7.3.5    A Long Tan Bursary may be administered by the Commission (administration power) or the Commission may direct a Board to administer a particular bursary and the Board shall administer that bursary.

 

                                    7.3.6    Where the Commission delegates its administration power in Paragraph 7.3.5 to another person (for example, a contractor), it may enter into financial arrangements with that other person whereby that other person is paid to administer a Long Tan Bursary (administration fee) and any such administration fee may be drawn from the funds appropriated by the Commonwealth for the administration of the Scheme.

                        Note: pursuant to section 213 of the Act, the Commission can delegate its powers                                under the Act to, among others, a contractor with the Commission.

 

 

 

            ___________________________________________________________

                                                Repatriation Commission