Interim Forces Benefits Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 283

REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Interim Forces Benefits Act 1947-1973.

Dated this eighteenth day of December, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation.

Amendments of the Interim Forces Benefits Regulations

Treatment for certain members for disabilities not due to service.

1. Regulation 7 of the Interim Forces Benefits Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ Subject to the next succeeding sub-regulation, a Deputy ” and substituting the words “ A Deputy ”;

(b) by omitting from sub-regulation (1) all words from and including the words “ except an infectious or contagious disease ” (including the proviso to that sub-regulation); and

(c) by omitting sub-regulation (2).

2. After regulation 7 of the Interim Forces Benefits Regulations the following regulation is inserted:—

Additional medical treatment for members.

“ 7a. (1) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment in a hospital or other institution referred to in section 120d of the Repatriation Act for a member in respect of a disease, disability or condition for which that member is not otherwise eligible for medical treatment under these Regulations.

“ (2) Medical treatment may be provided under this regulation only if the provision of such treatment does not adversely affect the provision of medical treatment for which any person is eligible under any other provision of these Regulations or under the provisions of—

(a) the Repatriation Regulations, other than regulation 66a or 66b;

(b) the Repatriation (Far East Strategic Reserve) Regulations, other than regulation 32a;

* Notified in the Australian Government Gazette on 19 December 1973.

  Statutory Rules 1947, No. 108, as amended by Statutory Rules 1948, Nos. 82, 136 and 138; 1950, No. 97; 1931 No. 8; 1953, No. 7; 1961, No. 118; 1965, No. 127; 1967, No. 151; 1968, No. 124; 1969, No. 176; 1970, No. 154; 1972, Nos. 179 and 185; and 1973, Nos. 26 and 154.

(c) the Repatriation (Special Overseas Service) Regulations, other than regulation 32a; or

(d) the Seamen’s War Pensions and Allowances Regulations, other than regulation 26b,

as in force for the time being.”.

3. Regulation 11 of the Interim Forces Benefits Regulations is repealed and the following regulation substituted:—

Surgical aids &c.

“ 11. (1) Where a Deputy Commissioner considers that the renewal of, or repairs to, an artificial replacement, surgical or other aid or appliance, has or have been rendered necessary by the carelessness or wilful act of the member using or wearing the replacement, aid or appliance, the Deputy Commissioner may—

(a) refuse to arrange for the necessary renewal of, or repairs to, the replacement, aid or appliance; or

(b) arrange for the renewal of, or repairs to, the replacement, aid or appliance and direct that payment for such renewal or repairs, as the case may be, shall he made in accordance with sub-section (2) of section 9 of the Act.

“ (2) Except as otherwise determined by the Commission, any artificial replacement, surgical or other aid or appliance supplied to a member under this Part, shall remain the property of the Commission, and the Commission may, at any time, if not satisfied that the replacement, aid or appliance is being put to proper use, require its return.”.

4.After regulation 11 of the Interim Forces Benefits Regulations the following regulation is inserted:—

Charges for treatment.

“ 11a. Where medical treatment is provided to a person under these Regulations and—

(a) the person (whether before, during or after the provision of the treatment) recovers or receives; or

(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies the person that he is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,

the whole or a part of the cost of the treatment, by way of damages or compensation, from another person, payment for that medical treatment shall he made in accordance with sub-section (2) of section 9 of the Act.”.

Sustenance allowance while undergoing surgical treatment, &c.

5. Regulation 12 of the Interim Forces Benefits Regulations is amended by omitting sub-regulation (2).

Expenses of travelling for medical treatment or pension purposes.

6. Regulation 14 of the Interim Forces Benefits Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (4) the words “ Seventeen dollars sixty-five cents ” and substituting the words “ Nineteen dollars sixty-five cents ”; and

(b) by omitting from paragraph (b) of sub-regulation (4) the words “ Thirteen dollars five cents ” and substituting the words “ Fourteen dollars seventy-five cents ”.

Formal amendments.

7. The Interim Forces Benefits Regulations are amended as set out in the Schedule.

Commencement and application.

8. (1) The amendments made by regulations 1, 2, 5 and 7 shall be deemed to have come into operation on the date of commencement of the Repatriation Act (No. 3) 1973.

(2) The amendments made by regulation 6 apply in relation to expenses for subsistence incurred on 2 April 1973 or any subsequent day.

SCHEDULE Regulation 7

FORMAL AMENDMENTS

Provision	Amendment
Regulation 7 (1) .....................	(a) Omit “ the First Schedule ”, substitute “ Schedule 1 ”.
(b) Omit “ the Second Schedule ”, substitute “ Schedule 2 ”.
Regulation 12 (1) ...................	(a) Omit “ the First Schedule ” (wherever occurring), substitute “ Schedule 1 ”.
(b) Omit from paragraph (e) “ the Third Schedule ”, substitute “ Schedule 3 ”.
(c) Omit “ that First Schedule ” (wherever occurring), substitute “ that Schedule 1 ”.
(d) Omit “ that Third Schedule ”, substitute “ that Schedule 3 ”.
Regulation 12 (3) ...................	Omit “ the Second Schedule ”, substitute “ Schedule 2 ”.
Regulation 14a (7) .................	Omit “ the Second Schedule ”, substitute “ Schedule 2 ”.
Regulation 19 (2) ...................	Omit from sub-paragraph (i) of paragraph (d) “ the Second Schedule ”, substitute “ Schedule 2 ”.