1.1.1 This Scheme commences on 1 January 1993.
1.2.1 In this Scheme, unless the contrary intention appears:
“Act” means the Veterans’ Entitlements Act 1986.
“appropriate person”, in relation to a student means:
(a) a parent, guardian, trustee, or person approved by a parent, guardian or trustee; or
(b) a person approved by the Commission if none of the persons in sub-paragraph (a) who acted on behalf of the student is alive, willing, able, and suitable to act on the student’s behalf.
“approved full-time tertiary or technical and further education course” means an approved course of education or study under Part 2.11 of the Social Security Act 1991.
Note (1): see paragraph 3.5.1;
Note (2): paragraph 541B(1)(c) and subsection 541B(5) of the Social Security Act 1991 refer to approved courses.
“Board” means a Veterans’ Children Education Board established under paragraph 117(5)(e) of the Act.
“Commission” means the Repatriation Commission.
“course not otherwise approved” means a course that is not an approved course of education or study under Part 2.11 of the Social Security Act 1991.
Note (1): see paragraph 7.2.3;
Note (2): paragraph 541B(1)(c) and subsection 541B(5) of the Social Security Act 1991 refer to approved courses.
“Department” means the Department of Veterans’ Affairs.
“double orphan” means:
(a) an eligible child who does not have a parent; or
(b) an eligible child who has one parent and:
(c) the deceased parent was a member or veteran by reference to whom the child is an ‘eligible child’; and
(d) the Commission is satisfied the child is not being maintained by the surviving parent.
For the purposes of this definition “parent” includes an adoptive parent or step-parent, “member” means a member of the Forces or a member of a Peacekeeping Force and “veteran” means a veteran described in the definition of “eligible child of a veteran” in section 116 of the Act.
“fare” means the amount of money a student must pay in order to use public or private transport to travel between the student’s home and the student’s place of study.
Note: see paragraph 5.1.1
"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.
“member” means a member of a Board.
“MRCA” means the Military Rehabilitation and Compensation Act 2004 in force from time to time.
“MRCC” means the Military Compensation and Rehabilitation Commission established under section 361 of MRCA.
“MRCA Childrens’ Board” means an education and training board established under the MRCA Childrens’ Scheme.
“MRCA Childrens’ Scheme” means the education and training scheme for eligible young persons, in force from time to time, determined by the MRCC under Part 3 of Chapter 5 of MRCA, and known as the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.
“payday” means the pension payday defined in subsection 5Q(1) of the Act.
“responsible Departments” means the Commonwealth Departments of State responsible for administering, respectively, the Student Assistance Act 1973 and the Social Security Act 1991.
Note: the Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer.See: http://scaleplus.law.gov.au/docs/legtables/aao.htm
“Secretary” means the Departmental officer appointed to the position of Secretary to a Veterans’ Children Education Board.
“Scheme” means the Veterans’ Children Education Scheme.
“Social Security Act 1991” means the Social Security Act 1991 as in force from time to time.
“student” means an eligible child as defined in section 116 of the Act, in respect of whom assistance is provided under this Scheme.
“sub-committee” means a Board sub-committee.
1.3.1 The Scheme is established under the provisions of Part VII of the Veterans’ Entitlements Act 1986 and has been prepared in accordance with section 117 of the Act by the Commission and approved by the Minister.
1.4.1 The purpose of this compensatory Scheme is to:
(a) provide financial assistance;
(b) provide student support services; and
(c) arrange for guidance and counselling,
for eligible children to help them achieve their full potential in education or career training.
1.4.2 This purpose of the Scheme is achieved by co-operation between the Commission, the eligible beneficiaries and their parents, guardians or trustees.
1.4.3 An ancillary purpose of this Scheme is to enable Boards established under the Scheme to also act as MRCA Childrens’ Boards for the purposes of the MRCA Childrens’ Scheme.
1.5 Administration of the Scheme
1.5.1 The Repatriation Commission, assisted by a Board in each State, is responsible for the administration of the Scheme.
2.1.1 “Eligible child” is defined in section 116 of the Act.
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.
2.2.1 A claim for benefits under the Scheme shall be in writing and in accordance with a form approved by the Commission.
2.3.1 A claim for benefits under the Scheme may be made:
(a) by the veteran; or
(b) by a dependant of the veteran who has attained the age of 16 years; or
(c) with the approval of the veteran or dependant — by another person on behalf of the veteran or dependant; or
(d) if the veteran or dependant is unable to do so by reason of physical or mental incapacity, on behalf of the veteran or dependant — by a person approved by the Commission; or
(e) on behalf of a dependant who has not attained 16 years of age — by:
(i) a parent or guardian of the dependant; or
(ii) another person approved by the parent or guardian of the dependant; or
(iii) if there is no parent or guardian of the dependant alive, or willing, or able to make application on behalf of the dependant or there is no other person approved by the parent or guardian of the dependant alive, or willing, or able to make application on behalf of the dependant — another person approved by the Commission.
2.4.1 A student may be eligible for payment of benefits under the Scheme with effect from either:
(a) the date of commencement of the first formal year of primary schooling; or
(b) the first payday in January of the calendar year in which the claim is made for an eligible child; or
(c) the first payday after the student meets the eligibility requirements of the Scheme,
whichever date is the later, providing that on that date, the student has not yet attained 25 years of age, and subject to clearances for the purpose specified in paragraph 2.11.1 with the responsible Departments for those students aged sixteen years and over.
Note: the Administrative Arrangements Order sets out Commonwealth Departments and the legislation they administer. See:
http://scaleplus.law.gov.au/docs/legtables/aao.htm
2.5.1 If a Board is of the opinion that a primary or secondary student’s progress is not satisfactory it shall refer the matter to the Commission.
2.5.2 Where a matter has been referred to the Commission under paragraph 2.5.1, it may determine that the student cease to receive benefits under the Scheme.
2.5.3 Subject to paragraph 2.5.5 below, where a Board is of the opinion that a tertiary student aged sixteen years or over would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students (if Part 2.11A had applied to the student), it shall refer the matter to the Commission.
Note: the “progress rules” are mentioned in section 569H of the Social Security Act 1991.
2.5.4 Where a matter has been referred to the Commission under 2.5.3, if the Commission is of the opinion that the student would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students (if Part 2.11A had applied to the student), it may determine that the student cease to receive benefits under the Scheme.
Note: the “progress rules” are mentioned in section 569H of the Social Security Act 1991.
2.5.5 Where the Board is of the opinion that a tertiary student would have failed to satisfy the progress rules in Part 2.11A of the Social Security Act 1991 in respect of tertiary students (if Part 2.11A had applied to the student), the Board may approve continuing benefits under the Scheme.
Note: the “progress rules” are mentioned in section 569H of the Social Security Act 1991.
2.5.6 Benefits withdrawn under paragraphs 2.5.2 and 2.5.4 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.
2.6.1 Subject to paragraph 2.6.2 or unless the Repatriation Commission considers the particular circumstances of a student to be exceptional, to be eligible for benefits under the Scheme a student must:
(a) be undertaking study within Australia; or
(b) have made application, or have been accepted, to undertake study within Australia.
2.6.2 Continuation of allowances may only be approved for up to twelve months for students awarded a place within a formal overseas exchange scheme or a scholarship to study overseas.
2.6.3 Where allowances are continued under paragraph 2.6.2, benefits are to be limited to the appropriate “at home” education allowance with the exception of double orphans, to whom the appropriate double orphan rate of allowance may be payable.
Note (1):rent assistance, where the student is outside Australia, is also subject to paragraph 5.5.
Note (2):as at 1 April 2003, rent assistance, where the student is outside Australia, was, among other things, limited to premises in Australia and for a maximum period of 26 weeks.
2.7.1 A student may receive benefits under the Scheme if the student is undertaking on a full-time basis:
(a) general primary or secondary education; or
(b) a tertiary course of education or study that would qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991; or
(c) a course of tertiary study that would not qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991, but which:
(i) the Commission considers essential for achievement of the student’s vocational aim; and
(ii) no other tertiary course that would qualify the student for a youth allowance under Part 2.11 of the Social Security Act 1991 is suitable or available.
Note: paragraph 2.7.2 permits the payment of benefits to students for part-time study in special circumstances.
2.7.2 Benefits may be provided to a student for part-time study and such a student shall be deemed for the purposes of the Scheme to be undertaking full-time study, where:
(a) the Commission is satisfied that the amount of study that the student must complete in order to finish a course constitutes less than one year full-time study; or
(b) through geographical isolation, the student is unable to take advantage of full-time study facilities; or
(c) for health, economic or academic reasons, the student has shown ability to undertake full-time studies but needs to study part-time temporarily.
2.10.1 Where a primary or secondary student ceases to participate in the normal activities of a course for more than fifteen days in any year without reasonable cause, the Commission may review the student’s eligibility for continuing benefits under the Scheme and may suspend the payment of allowances.
2.10.2 Where the Board is satisfied that absences referred to in paragraph 2.10.1 are due to sickness or to reasons beyond the student’s control, such absences may be disregarded.
2.10.3 Where the Board is satisfied that absences referred to in paragraph 2.10.1 are without reasonable cause and the student’s progress has been affected, the case may be referred to the Commission and the Commission may determine that the education allowance and/or other benefits shall be suspended.
2.10.4 The Commission may determine that benefits withdrawn under paragraph 2.10.3 be restored if it is satisfied that the student has resumed satisfactory progress.
2.11.1 Subject to paragraph 2.11.2, a student is not to be paid a benefit under the Scheme if, apart from under the Scheme, the student receives a financial benefit from the Commonwealth in the nature of educational assistance or income support.
2.11.2 A student who receives a financial benefit from the Commonwealth in the nature of educational assistance or income support (other than a benefit under the Scheme) may be paid a benefit under the Scheme if the educational assistance or income support:
(a) is provided (whether directly or indirectly) by the Department or the Commission; or
(b) is provided under a scholarship from the Commonwealth known as the Commonwealth Education Costs Scholarship; or
(c) is provided under a scholarship from the Commonwealth known as the Commonwealth Accommodation Scholarship.
2.12.1 If a student receives an education allowance under the Scheme, that student is, in the absence of a contrary intention, ineligible to receive any other education allowance under the Scheme.
3.1.1 The education allowances under the Scheme are paid as compensation and are designed to provide financial assistance towards the cost of an eligible child’s education.
3.2.1 Students who are enrolled in primary education are eligible for an annual education allowance.
3.2.2 The annual education allowance referred to in paragraph 3.2.1 shall be paid in full in respect of any initial part year.
3.2.3 Payment of the allowance will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person - to a person approved by the Commission to receive the payment on the student’s behalf
3.3.1 An education allowance shall be payable fortnightly in advance, in respect of a student living at home and undertaking education as approved by the Commission.
3.3.2 Payment under paragraph 3.3.1 for secondary students under the age of sixteen will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person) and if there is no entitled person - to a person approved by the Commission to receive the payment on the student’s behalf.
3.3.3 Payment under paragraph 3.3.1 for secondary students aged sixteen years and over will be made to the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999 (entitled person), who will then have the option of directing payment to the student or spouse and if there is no entitled person - to a person approved by the Commission to receive the payment on the student’s behalf.
3.3.4 Payment will be made directly to tertiary students.
3.4.1 Living away from home rates of education allowance may be paid in respect of a student undertaking full time secondary education if the Commission is satisfied that additional expenses are incurred as a result of the student living away from home, and
(a) educational facilities are not readily accessible from the student’s place of residence; or
(b) the student is enrolled in a special course approved for the payment of allowance under the Commonwealth Assistance for Isolated Children Scheme; or
Note:the Assistance for Isolated Children Scheme is a non-statutory scheme administered by that Department of the responsible Departments that administers the Student Assistance Act 1973.
(c) the student is physically or intellectually handicapped; or
(d) the student requires specialised remedial tuition; or
(e) the student is a member of an itinerant family; or
(f) the academic needs of that student are not met by local secondary facilities; or
(g) home conditions are detrimental to the student’s educational progress.
3.4.2 Payment under paragraph 3.4.1 for secondary students living away from home shall be made to:
(a) the person who is entitled to be paid family tax benefit under A New Tax System (Family Assistance) (Administration) Act 1999; or
(b) to the institution or person, if any, providing board to the student; or
(c) if the payment methods in paragraphs (a) and (b) are inappropriate or non-existent – a person approved by the Commission to receive the payment on behalf of the student.
3.4.3 Payment under sub-paragraph 3.4.2 may be made either in part or in full, and:
(a) may be made to an institution a term in advance; or
(b) may be made to a person either a term in advance or fortnightly, as determined by the Commission.
3.4.4 A person in receipt of education allowance under sub-paragraph 3.4.2(a) may direct payment of the allowance to the student or to a parent, guardian or trustee of the student.
3.4.5 If only part of the payment is made to the institution or person providing board, the other part shall be paid to the person described at sub-paragraph 3.4.2(a) or, if relevant, to the person to whom they have directed payment and if there is no person for the purposes of subparagraph 3.4.2(a), the part-payment shall be paid to a person approved by the Commission to receive the payment on the student’s behalf.
3.5.1 Living away from home rates of education allowance may be paid to a student undertaking an approved full-time tertiary or technical and further education course, where the Commission is satisfied that additional expenses are incurred as a result of the student living away from home; and
(a) educational facilities are not readily accessible from the student’s place of residence; or
(b) it is a compulsory requirement for the student undertaking an approved course to reside at a hall of residence; or
(c) home conditions provide an inadequate study environment.
3.5.2 Allowances paid under paragraph 3.5.1 shall be payable to the student.
3.6.1 A student may, upon reaching minimum school leaving age as determined by the authorities of the State in which that student resides, be granted Homeless Student status where the Commission is satisfied that the student is not receiving or likely to receive continuous support either direct or indirect, in cash or in kind, from parents or any other person other than as provided for in this Scheme; and
(a) there is no family home; or
(b) the parents will not allow the student to reside in the family home; or
(c) it would be unreasonable to expect the student to live with the parents because of domestic violence, or comparable circumstances.
3.6.2 If a student has been granted homeless student status under paragraph 3.6.1, education allowance is to be paid at a rate equivalent to the maximum basic rate payable under point 1067G-B3 of the Social Security Act 1991 in respect of a person who is independent.
3.6.3 Fortnightly payment of the allowance under paragraph 3.6.2 is to be made to the student, or to an appropriate person if the Commission considers it unlikely that the student would be capable of managing his or her own finances.
Note: ‘appropriate person’ is defined in paragraph 1.2.1.
3.6A.1 A student who is a double orphan and who is also a secondary or tertiary student is entitled to be paid an education allowance at the double orphan rate for the purpose of the student’s education and training.
3.6A.2 Fortnightly payment of the allowance under paragraph 3.6A.1 is to be made:
(a) for secondary students under 16 years of age — to the person who is paid pension on behalf of the student;
(b) for secondary students 16 years of age or over — to an appropriate person who will have the option of directing payment to the student;
(c) for tertiary students — to the student.
Note: ‘appropriate person’ is defined in paragraph 1.2.1.
3.7.1 Where a student, referred to in paragraph 2.7.2, has been approved for benefits while undertaking part-time study, that student shall receive the appropriate full-time rate of education allowances.
3.8.1 With effect from 1 January 1999, or from any earlier date that may be determined by instrument in writing by the Commission, the following allowances shall be indexed annually in accordance with paragraph 3.8.2.
(a) the annual allowance payable in respect of primary students; and
(b) the fortnightly education allowance payable in respect of secondary students who are under sixteen years and living at home.
3.8.2 The allowances specified in paragraph 3.8.1 are to be indexed annually in accordance with the procedure set out in section 1191(1)(table item 3A) of the Social Security Act 1991 for the indexation of benefits under that Act except that the reference to ‘YA MBR’ in item 3A of the CPI Indexation Table in subsection 1191(1) is, for the purpose of the indexation of the relevant allowances under the Scheme, taken to be a reference to the relevant allowance specified in sub-paragraph 3.8.1(a) or (b).
3.8.3 The fortnightly education allowance payable in respect of secondary students under the age of sixteen years who are living away from home shall be increased annually so that it is the same as the maximum rates payable to secondary students in receipt of Assistance for Isolated Children.
Note:the Assistance for Isolated Children Scheme is a non-statutory scheme administered by that Department of the responsible Departments that administers the Student Assistance Act 1973.
3.8.4 The fortnightly education allowances payable in respect of all students aged sixteen years and over shall be increased annually to a rate equivalent to the maximum basic rate of youth allowance payable under Part 3.5 of the Social Security Act 1991.
3.8.5 Notwithstanding any other provision of the Scheme or any Determination made thereunder, an education allowance payable under this Part is, on 1 July 2000, increased once only, by an amount of 4% of that allowance.
4.1.1 The Commission may arrange for a student to be given, or directed to, guidance and counselling for matters affecting that student’s continuing progress in a course of study.
4.1.2 Guidance and counselling of beneficiaries of the Scheme and their families shall be:
(a) in the case of a student under 18 years of age — at the request of:
(i) the student; or
(ii) the student’s parent, guardian or trustee; or
(iii) the principal of the school, college or institution at which the student is enrolled;
(b) in any other case, at the request of the student; or
(c) in all cases at the discretion of the Commission.
4.1.3 Where a significant proportion of the State’s beneficiaries live outside the capital city, country visits should be made to ensure that as far as possible these beneficiaries have contact with the Scheme.
5.1.1 Where the Commission has approved payment to a student of an education allowance under paragraph 3.5.1, it may accept financial liability for a fare (or part thereof) paid, or to be paid, by the student for a journey between the student’s home and place of study.
Note: a fare may be the cost of using private transport.
5.1.2 In making a decision under paragraph 5.1.1 in respect of whether to accept liability for a fare, the Commission is to take into account Part 2.26 of the Social Security Act 1991 as it relates to the circumstances in which fares allowance under that Act is payable and as it relates to the level of fares allowance payable in those circumstances.
Note: under Part 2.26 of the Social Security Act 1991 (SSA) a determination may be made amending levels of fares allowance in the Act (Henry VIII clause). The SSA as amended by any such determination would constitute the SSA “in force from time to time” (see definition of SSA) and therefore the Commission could lawfully consider those new levels of fares allowance as introduced by the determination.
5.2.1 Where an education authority has established that a discrepancy exists between the student’s intellectual potential and the student’s actual academic achievement, the Board or the Commission may arrange for provision of Additional Tuition in respect of that student.
5.2.2 The Commission may approve payment for Additional Tuition arranged under paragraph 5.2.1.
5.2.3 Request for Additional Tuition must be accompanied by an appropriate assessment, from a suitably qualified education authority, as to the value of the proposed tuition or the continuing need for such assistance.
5.3.1 Where a Board or the Commission considers that exceptional circumstances, beyond the control of the student, have hindered or will hinder a student’s progress:
(a) the Board may recommend payment of Special Financial Assistance in respect of that student ; or
(b) the Commission may approve payment of Special Financial Assistance in respect of that student.
5.3.2 The Commission may approve payment of Special Financial Assistance recommended by the Board under paragraph 5.3.1.
5.4.1 The Commission shall determine from time to time the maximum value of Additional Tuition and Special Financial Assistance which may be provided to a student in any year.
5.5.1 Subject to paragraph 5.5.2, a student who has been granted a Homeless Student Education Allowance or an education allowance at a ‘living away from home’ rate or ‘double orphan’ rate is entitled to the payment of rent assistance.
5.5.2 Rent assistance payable under the Scheme, whether to a student in or outside Australia, is only payable in the same circumstances that rent assistance would have been payable to the student under the Social Security Act 1991 if the student had not been a student receiving benefits under the Scheme but had been a person receiving youth allowance under that Act.
Note 1 – as at 1 April 2003, rent assistance must, among other things, be only for premises in Australia and the maximum period that rent assistance is payable, while a student is outside Australia, is 26 weeks.
Note 2 – in order to receive rent assistance for premises in Australia, while studying outside Australia, a student must also satisfy paragraph 2.6.
Note 3 – if the rent assistance provisions of the Social Security Act 1991 are amended then those amended provisions apply to rent assistance under the Scheme (see the definition of Social Security Act 1991 in paragraph 1.2.).
6.1.1 A Board, to be called the Veterans’ Children Education Board, is established in the capital city of each State.
Note: Boards are established under paragraph 117(5)(e) of the Act.
6.2.1 Each Board shall consist of not less than five members and no more than fifteen members, each of whom are to be:
(a) nominated by an organisation that is interested in the educational welfare of eligible students including eligible children under the MRCA Childrens’ Scheme.;
(b) personally interested in, and able to contribute to, the educational welfare of eligible students including eligible children under the MRCA Childrens’ Scheme.; and
(c) appointed by the Commission.
6.2.2 Board members shall serve in an honorary capacity but the Commission may reimburse them for expenses incurred in connection with the Scheme during their term of appointment.
6.2.3 A member of a Board who incurs a legal liability in the performance of his or her duties as a member of the Board is in the same legal position as an employee of the Department.
6.3.1 Board members referred to in paragraph 6.2.1 may be appointed by the Commission for an initial period of 3 years. The Board members may then be reappointed by the Commission for such further period as the Commission determines.
6.3.2 Appointment of members, referred to in paragraph 6.2.1, to the Board shall be on the basis of a selection procedure whereby:
(a) the Board Secretary and Chairperson shall inform the nominating organisations of the nature of the Board’s contribution to the Scheme; and
(b) nominating organisations shall:
(i) select individuals on the basis of the direct contribution they could make to the VCES in terms of interpersonal skills and educational contacts and relevant, educational experience;
(ii) provide more than one nomination wherever possible; and
(iii) provide a full resume for those nominated; and
(c) a Board Chairperson and a person nominated by the Commission shall interview prospective nominees to inform them of the functions of the Board and the commitment expected from Board members; and
(d) the appointment of a member to a Board shall be made by the Commission subject to the MRCC approving the appointment. The Commission is to notify the MRCC of a proposed appointment to a Board (which notice may be in electronic form) and the MRCC is to notify the Commission of its approval or rejection of the proposed appointment (which notice may be in electronic form).
6.4.1 The Commission may, on the recommendation of a Board, terminate the appointment of any member of a Board on the grounds of:
(a) repeated absences from Board meetings; or
(b) physical or mental incapacity; or
(c) misbehaviour; or
(d) resignation or dismissal from the nominating organisation; or
(e) the member’s wish to resign; or
(f) the withdrawal of support for the member’s continued membership of the Board by the member’s nominating organisation.
6.4.2 In the event of a vacancy occurring by reason of repeated absences, the death, termination of appointment, resignation or forfeiture of office of any member of an Education Board, the vacancy may be filled for the remainder of that member’s term of appointment.
6.5.1 Under paragraph 117(5)(e) of the Act, Boards may perform such functions in connection with the operation of the Scheme as are conferred on them under the Scheme.
6.5.2 The functions referred to in paragraph 6.5.1 include:
(a) providing and arranging expert guidance to assist students in the planning of their studies;
(b) assisting in supervising the education of primary and secondary students and in monitoring their progress;
(c) referring students and their families to community welfare, education, guidance and counselling services where appropriate;
(d) making recommendations to the Commission on matters relating to the education of the students;
(e) dealing with all matters in connection with students’ education or career training that are referred to them by the Commission.
(f) subject to paragraph 9.2 (consent of original members), acting as MRCA Childrens’ Boards.
6.6.1 A sub-committee of a Board may consist of one or more members and may exercise such functions as the Board determines.
6.7.1 At the first meeting in each calendar year the members of each Board shall elect one of their members to be the Chairperson and another to be the Deputy Chairperson, of the relevant Board.
6.8.1 Boards shall meet at least four times in each calendar year.
6.8.2 In the absence of the Chairperson from any meeting of a Board, the Deputy Chairperson shall preside, and in the absence of the Deputy Chairperson, the members present at the meeting shall elect one of their members to preside at the meeting.
6.8.3 Three members of an Education Board shall form a quorum.
6.9.1 As soon as practicable after 30 June each year each Board shall submit a statistical return for inclusion in the Commission’s annual report. A Board in a State may combine its statistical return with a statistical return of the Veterans’ Children Education Board in that State.
7.1.1 Any funds bequeathed in trust to a Board for the benefit of eligible students under the Scheme, shall be deemed to have been bequeathed in trust to the Commission.
7.1.2 The Commission may, from time to time, determine that funds left in its trust for the benefit of eligible students shall be administered by a Board.
7.1.3 Any bequest accepted either prior to or after the commencement of this Scheme, shall be administered within the terms of the bequest as varied from time to time by the Commission.
7.2.1 A Board may create scholarships from trust funds to be administered at the direction of the Commission and may determine the duration and value of such scholarships.
7.2.2 A person must be an eligible child who is or has been an eligible student assisted under the Scheme in order to qualify for the grant of a scholarship.
7.2.3 A scholarship under paragraph 7.2.1 of this Scheme may be awarded in a course not otherwise approved for the purpose of this Scheme.
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.
8.1.1 The Commission may, under the Scheme, determine:
(a) eligibility;
(b) levels of benefits; and
(c) claims for benefits.
8.1.2 The Commission may delegate any of its powers under the Scheme to an employee or officer of the Australian Public Service.
8.1.3 The Commission may, by instrument in writing, confer any of its powers contained in section 118 of the Act to the Boards.
8.2.1 Where an application for benefit has been declined, reasons for that decision shall be provided, in writing, to the applicant.
8.2.2 Where a student or a student’s parent, guardian or trustee is dissatisfied with a decision of the Commission or of a Board, that student, parent, guardian or trustee may make an application to the Commission for a review of the decision.
8.2.3 The application for review must be made within 3 months of the student, parent, guardian or trustee receiving a copy of that decision.
8.2.4 The Commission must review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its power under this paragraph (not being the person who made the decision).
8.2.5 On the completion of its review of a decision, the Commission shall:
(a) if it is satisfied that the decision is unsatisfactory, set aside the decision and substitute for that decision such decision as the Commission considers to be appropriate; or
(b) if it is not so satisfied, affirm the decision.
PART 9
-TRANSITIONAL ARRANGEMENTS
9.1 Continuation of Boards, members, legal cover
9.1.1 Despite any variation to the Scheme made by this Instrument:
(a) a Board in existence immediately before the commencement of this Instrument continues in existence after the commencement of this instrument under the Scheme as varied by this Instrument; and
(b) a person who is a member immediately before the commencement of this Instrument continues to be a member, after the commencement of this instrument, under the Scheme as varied by this Instrument, for the period for which the person was appointed as a member that has not expired.
(c) a member who, immediately before the commencement of this Instrument, incurred a liability in the performance of his or her duties as a member (whether or not the member was aware of the liability), being a liability that, on the the commencement of this Instrument still existed, is taken to have incurred that liability under the Scheme as varied by this Instrument.
9.2 Need for Member’s consent to MRCA duties
9.2.1 A Board comprised of members who were members immediately before the commencement of the MRCA Childrens’ Scheme in 2004 is not taken to have the function of acting as a MRCA Childrens’ Board (function) unless such members have each notified in writing (which notice may be in electronic form) the Secretary of the Board that they consent to being a member of the Board with that function.
9.2.2 The Secretary is to forward notifications of consent received under paragraph 9.2.1 to the Commission.
9.2.3 Paragraph 9.2.1 does not apply to a Board comprised of members re-appointed on or after the commencement of the MRCA Childrens’ Scheme.
Notes to the Veterans' Children Education Scheme
Note 1
The Veterans' Children Education Scheme (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprise Legislative Instruments 1992 No.11 (see F2005B01511) amended as indicated in the Tables below.
Table of Legislative Instruments
Year and
number | Date of FRLI
registration | Date of
commencement | Application, saving or
transitional provisions |
1994 No. 5 | 17 May 2005 (see F2005B01328) | 1 January 1993 | |
1998 No. 7 | 19 April 2005 (see F2005B01287) | 1 Jan 1995 (para.34); 1 July 1998 (remainder) | Para.36 [see Table A] |
1999 No.3 | 28 April 2005(see F2005B01389) | 22 September 1999 | |
2000 No.9 | 18 April 2005 (see F2005B01289) | 1 July 2000 | |
2000 No.30 | 22 April 2005 (see F2005B01291) | 1 January 2001 | [See Table A] |
2002 No.5 | 10 May 2005 (see F2005B01294) | 20 April 2002 | |
2003 No.1 | 6 June 2005 (see F2005B01307) | 16 April 2003 | |
2003 No.4 | 9 May 2005 (see F2005B01316) | 22 July 2003 | Para.3 [see Table A] |
2004 No. R11 | 5 April 2005 (see F2005L00428) | 4 January 2005 | Para.20 [see Table A] |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Para.1.2.1 | am. 1998 No.7; am 2002 No.5;am. 2003 No.4;am.2004 No.R11; |
Para.1.4.3 | ad.2004 No.R11; |
Para.2.1A | ad. 2002 No.5; |
Para. 2.3.1 | rs. 1998 No.7; |
Para.2.4.1 | am. 1998 No.7; am 2003 No.4; |
Para.2.5.3 | am. 1998 No.7;am 2003 No.4; |
Para. 2.5.4 | am. 1998 No.7; am 2003 No.4; |
Para.2.5.5 | am. 1998 No.7; am 2003 No.4; |
Para.2.6.1 | am. 1994 No. 5; |
Para. 2.6.3 | am.2003 No.1 ; |
Para.2.7.1 | am.1998 No.7; |
Para. 2.8 | rep. 1998 No.7; |
Para. 2.8.1 | rep.1998 No.7; |
Para. 2.8.2 | am. 1998 No.7; |
Para.2.9 | rep. 2000 No.30; |
Para.2.9.1 | rep.2000 No.30; |
Para.2.11.1 | rs. .2004 No.R11; |
Para. 2.11.2 | rs. 2004 No.R11; |
Para. 2.11.2 | ad.2002 No.5; |
Para. 2.12.1 | ad.1998 No.7; |
Para.3.2.3 | am. 2003 No.4; am.2004 No.R11; |
Para.3.3.2 | am. 2003 No.4; am.2004 No.R11; |
Para.3.3.3 | am. 2003 No.4; am.2004 No.R11; |
Para. 3.4.1 | am.1998 No.7; |
Para. 3.4.1 | am.2003 No.4; |
Para.3.4.2 | am. 1998 No.7;am. 2004 No.R11; |
Para.3.4.3 | rs. 1998 No.7; |
Para.3.4.5 | am. 2004 No.R11; |
Para.3.6 | am. 1998 No.7; |
Para.3.6.2 | rs. 1998 No.7; |
Para. 3.6A | ad. 1998 No.7; |
Para.3.7.1 | am. 1998 No.7; |
Para. 3.8 | am. 1998 No.7; |
Para. 3.8.1 | am. 1998 No.7; |
Para.3.8.2 | rs. 1998 No.7; |
Para.3.8.3 | am.1998 No.7; am 2003 No.4; |
Para. 3.8.4 | rs.1998 No.7; |
Para.3.8.5 | ad.2000 No.9; |
Para.5.1.1 | am. 1998 No.7; am 2003 No.1;rs. 2003 No.4; |
Para.5.5.2 | ad.2003 No.1; am 2004 No.R11; |
Para.5.2.1 | am. 1999 No.3; |
Para.5.2.2 | am. 1999 No.3; |
Para.5.3.1 | am. 1999 No.3; |
Para.5.4.1 | ad. 1998 No.7; |
Para.6.1.1 | am.2004 No.R11; |
Para. 6.2.1 | am.2003 No.4; am 2004 No.R11; |
Para. 6.2.3 | rs. 2004 No.R11; |
Para.6.3.2 | am.2004 No.R11; |
Para. 6.5.2 | am.2004 No.R11; |
Para.6.9.1 | am.2004 No.R11; |
Para. 7.3 | ad. 2002 No.5; |
Para. 8.2 | am.1998 No.7; |
Para.8.2.4 | rs.2003 No.4; |
PART 9 | rs.2004 No.R11; |
Table A Application, saving or transitional provisions
Legislative Instrument 1998 No. 7
36. Pre-Variation allowances
The variations to the Scheme made by this Instrument apply to all students in receipt of a benefit under the Scheme immediately before 1 July 1998 and apply to any decision under the Scheme made on or after 1 July 1998 whether or not any application or proceedings relating to that decision commenced before, on or after that date.
Legislative Instrument 2000 No.30
Transitional
A person who lost eligibility for benefits under the VCES by reason of the operation of paragraphs 2.9 and 2.9.1 of the VCES may, on or after the commencement of this Instrument, and subject to the VCES, claim benefits under the VCES but such person is not entitled to any benefits he or she forfeited by reason of the operation of paragraphs 2.9 and 2.9.1 of the VCES.
Note: for the purposes of section 8 of the Acts Interpretation Act 1901 the intention is that a liability incurred under repealed paragraphs 2.9 and 2.9.1 is affected by this Instrument and is expunged.
Legislative Instrument 2003 No.4
3 Transitional
Where, immediately before the commencement of this Instrument, the Repatriation Commission (Commission) was reviewing a decision under the Veterans’ Children Education Scheme (Scheme), then upon the commencement of this Instrument the Commission is to continue reviewing the decision as if the variations to the Scheme by this Instrument had not been made.
Note: the Veterans’ Children Education Scheme is made under section 117 of the Veterans’ Entitlements Act 1986.
Legislative Instrument 2004 No.R11
[20] PART 9
omit the Part, substitute:
PART 9 - TRANSITIONAL ARRANGEMENTS
9.1 Continuation of Boards, members, legal cover
9.1.1 Despite any variation to the Scheme made by this Instrument:
(b) a Board in existence immediately before the commencement of this Instrument continues in existence after the commencement of this instrument under the Scheme as varied by this Instrument; and
(b) a person who is a member immediately before the commencement of this Instrument continues to be a member, after the commencement of this instrument, under the Scheme as varied by this Instrument, for the period for which the person was appointed as a member that has not expired.
(c) a member who, immediately before the commencement of this Instrument, incurred a liability in the performance of his or her duties as a member (whether or not the member was aware of the liability), being a liability that, on the the commencement of this Instrument still existed, is taken to have incurred that liability under the Scheme as varied by this Instrument.
9.2 Need for Member’s consent to MRCA duties
9.2.1 A Board comprised of members who were members immediately before the commencement of the MRCA Childrens’ Scheme in 2004 is not taken to have the function of acting as a MRCA Childrens’ Board (function) unless such members have each notified in writing (which notice may be in electronic form) the Secretary of the Board that they consent to being a member of the Board with that function.
9.2.2 The Secretary is to forward notifications of consent received
under paragraph 9.2.1 to the Commission.
9.2.3 Paragraph 9.2.1 does not apply to a Board comprised of members re-appointed on or after the commencement of the MRCA Childrens’ Scheme.
