This instrument is the Veterans’ Children Education Schemes (Education Boards) Amendment Determination 2022.
2 Commencement
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under subsection 117(8) of the Veterans’ Entitlements Act 1986 and subsection 258(4) of the Military Rehabilitation and Compensation Act 2004.
4 Schedule
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
1 Paragraph 3(b) (Saving and Transitional Provisions)
Repeal the paragraph (including Notes (1) and (2)).
2 At the end of section 3 (Saving and Transitional Provisions)
Add:
(e) Any funds bequeathed in trust for the benefit of eligible students that the Commission had determined to be administered by a Veterans’ Children Education Board, and in existence immediately before the commencement of the instrument, the Veterans’ Children Education Schemes (Education Boards) Amendment Determination 2021, will, after the commencement of that instrument, be administered by the Commission.
3 Paragraph 1.2.1
Repeal the following definitions:
(a) definition of “Board”;
(b) definition of “member”;
(c) definition of “MRCA Children’s Board”;
(d) definition of “Secretary”; and
(e) definition of “sub-committee”.
4 Paragraph 1.4.3
Repeal the paragraph.
5 Paragraph 1.5.1
Omit “, assisted by a Board in each State,”.
6 Paragraphs 2.5.1 to 2.5.6
Repeal the paragraphs and substitute with the following paragraphs:
2.5.1 If the Commission is of the opinion that a primary or secondary student’s progress is not satisfactory, it may determine that the student cease to receive benefits under the Scheme.
2.5.2 Where the Commission 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 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.
2.5.3 Benefits withdrawn under paragraphs 2.5.1 and 2.5.2 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.
7 Paragraph 2.10.2
Omit “Board” and substitute “Commission”.
8 Paragraph 2.10.3
(a) Omit the reference to “Board” and substitute “Commission”.
(b) Omit the words “the case may be referred to Commission and”.
9 Part 4 Heading
Repeal the heading, substitute:
PART 4 – Guidance and Counselling
10 Paragraph 4.1.1
Omit the words “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” and substitute “refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate”.
11 Paragraph 4.1.3
Repeal the paragraph and substitute:
4.1.3 The Commission will monitor the progress of students and seek expert advice from relevant education and health experts to understand the needs of the student.
4.1.4 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.
12 Paragraph 5.2.1
Omit “the Board or”.
13 Paragraphs 5.3.1 and 5.3.2
Repeal the paragraphs and substitute:
5.3.1 Where the Commission considers that exceptional circumstances, beyond the control of the student, have hindered or will hinder a student’s progress the Commission may approve payment of Special Assistance in respect of that student.
14 Part 6
Repeal the Part.
15 Paragraphs 7.1.1 and 7.1.2
Repeal and substitute with:
7.1.1 Any funds bequeathed in trust for the benefit of eligible students under the Scheme, are deemed to have been bequeathed in trust to the Commission.
16 Paragraph 7.2.1
Repeal the paragraph and substitute:
7.2.1 The Commission may create scholarships from trust funds and may determine the duration and value of such scholarships.
17 Paragraph 7.3.5
Omit “or the Commission may direct a Board to administer a particular bursary and the Board shall administer that bursary” and insert “or an organisation contracted by the Commission”.
18 Paragraph 8.1.3
Repeal the paragraph.
19 Paragraph 8.2.2
Omit “or of a Board”.
20 Paragraph 3(b) (Saving and Transitional Provisions)
Repeal the paragraph (including Notes (1) and (2)).
21 Paragraph 1.2.1
Repeal the following definitions:
(a) definition of “Board”;
(b) definition of “member”;
(c) definition of “Secretary”;
(d) definition of “sub-committee”; and
(e) definition of “Veterans’ Children Education Board”.
22 Paragraph 1.5.1
After, “Commission” omit “, assisted by a Board in each State,”.
23 Paragraphs 2.5.1 to 2.5.6
Repeal the paragraphs and substitute:
2.5.1 If the Commission is of the opinion that a primary or secondary student’s progress is not satisfactory, it may determine that the student cease to receive benefits under the Scheme.
2.5.2 Where the Commission 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 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.
2.5.3 Benefits withdrawn under paragraphs 2.5.1 and 2.5.2 may be restored by the Commission if it is satisfied that the student has resumed satisfactory progress.
24 Paragraph 2.10.2
Omit “Board” and substitute “Commission”.
25 Paragraph 2.10.3
(a) Omit the reference to “Board” and substitute “Commission”.
(b) Omit the words “the case may be referred to Commission and”.
26 Paragraph 3.4.2(b)
Omit “Board” and substitute “board”.
27 Paragraph 3.4.5
Omit “Board” and substitute “board”.
28 Part 4 Heading
Repeal the heading, substitute:
PART 4 – Guidance and Counselling
29 Paragraph 4.1.1
Omit the words “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” and substitute “refer students and their families to community welfare, education, guidance and counselling services or other professionals where appropriate”.
30 Paragraph 4.1.3
Repeal the paragraph and substitute:
4.1.3 The Commission will monitor the progress of students and seek expert advice from relevant education and health experts to understand the needs of the student.
4.1.4 The Commission will monitor the operation and performance of the Scheme to ensure it has a positive impact on students.
31 Paragraph 5.2.1
Omit “the Board or”.
32 Paragraphs 5.3.1 and 5.3.2
Repeal the paragraphs and substitute:
5.3.1 Where the Commission considers that exceptional circumstances, beyond the control of the student, have hindered or will hinder a student’s progress the Commission may approve payment of Special Assistance in respect of that student.
33 Part 6
Repeal the Part.
34 Paragraph 7.1.1
Repeal the paragraph and substitute:
7.1.1 The Commission may create scholarships from trust funds and may determine the duration and value of such scholarships.
35 Paragraph 8.2.2
Omit “or of a Board”.
