National Security (Medical Benefits for Seamen) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 16.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council hereby make the following Regulations under the National Security Act 1939-1943.

Dated this nineteenth day of January, 1944.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Medical Benefits for Seamen) Regulations.

Commencement.

1. The provisions of these Regulations, in so far as they confer benefits on, or in respect of, Australian mariners, shall be deemed to have come into operation on the seventh day of December, 1941.

Definitions.

2. Regulation 5 of the National Security (Medical Benefits for Seamen) Regulations is amended by omitting the definition of “war injury” and inserting in its stead the following definition:—

“‘war injury in relation to an Australian mariner, means a personal injury which wholly incapacitated the Australian mariner from the performance of his duty and was—

(a) caused by—

(i) the discharge of any missile, liquid or gas;

(ii) the use of any weapon, explosive or other noxious thing; or

(iii) the doing of any other injurious act,

either by the enemy or in combating the enemy or in relation to any expected or suspected attack by the enemy or any expected attack upon the enemy;

 

* Notified in the Commonwealth Gazette on , 1944.

  Statutory Rules 1943, No. 177.

7041.—Price 3d. 9/20.12.1943.

(b) caused by the action of any enemy aircraft or any aircraft in the service of His Majesty or of any Ally of His Majesty during the present war or by the impact of, or of any part of, or of anything dropped from, any such aircraft; or

(c) caused by, or in consequence of, the capture or detention of the Australian mariner by the enemy,

and includes an illness due to shock, immersion or exposure, resulting from any of those causes”.

Medical benefits and funeral expenses.

3. Regulation 6 of the National Security (Medical Benefits for Seamen) Regulations is amended by omitting the words “sustained or sustains a war injury” and inserting in their stead the words “been or is left ashore by reason of a war injury sustained”.

Maintenance and free passage home.

4. Regulation 7 of the National Security (Medical Benefits for Seamen) Regulations is amended—

(a) by omitting paragraph (a) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(a) maintenance until recovery but not in any case for a period exceeding six months; and”; and

(b) by adding at the end thereof the following sub-regulation:—

“(3.) In any case where an Australian mariner elects not to return to his home port or, after being returned to his home port, removes therefrom, the Director of Navigation may determine the port which shall be regarded as the home port of the mariner for the purposes of the last preceding sub-regulation”.

5. Regulation 10 of the National Security (Medical Benefits for Seamen) Regulations is repealed and the following regulation inserted in its stead:—

Continuation of wages of deceased seamen.

“10.—(1.) If an Australian mariner dies before reaching his home port, as the result of a war injury, his widow or other dependants shall be entitled, at the cost of the Commonwealth, to a continuation of the wages paid to him for a period of one month from the date of his death and to receive the amount of war risk bonus which would have been payable to him otherwise than under this regulation if he had not died as the result of the war injury.

“(2.) In this regulation and in the next succeeding regulation, ‘widow’ and ‘dependant’ have the same respective meanings as in the Seamen’s War Pensions and Allowances Act 1940.”.

6. Regulation 11 of the National Security (Medical Benefits for Seamen) Regulations is repealed and the following regulation is inserted in its stead:—

Persons entitled to payments under other laws.

“11.—(1.) Where, under any other law, an Australian mariner or his widow or other dependant has received, or is entitled to receive, from the public funds of the Commonwealth or of a State or of a Territory of the Commonwealth any payment in respect of the war injury, then—

(a) if that payment exceeds the amount of wages and war risk bonus otherwise payable under these Regulations, wages or war risk bonus shall not be payable under these Regulations; or

 

(b) if that payment does not exceed the amount of wages and war risk bonus otherwise payable under these Regulations, the wages and war risk bonus payable under these Regulations shall be reduced by the amount of that payment.

“(2.) Where—

(a) an Australian mariner has been paid, or is entitled to receive, under any other law, payments in respect of the period following the occurrence of a war injury up to the date of his return to the port of discharge mentioned in the Articles of Agreement, or to such other port as is agreed upon between the master and the mariner, with the approval of a Superintendent; and

(b) the amount of those payments is not less than the amount of wages and maintenance which, but for this sub-regulation, would be payable under these Regulations in respect of that period,

wages and maintenance shall not be payable under these Regulations in respect of that period.”.

7. After regulation 12 of the National Security (Medical Benefits for Seamen) Regulations the following regulation is inserted:—

Application of benefits to certain additional cases.

“12a. The provisions of these Regulations shall extend to and in relation to a person who—

(a) has sustained or sustains, in the course of his employment as an Australian mariner, or, in the case of a pilot, while on pilot duty, a war injury from any of the causes specified in paragraph (a), (b) or (c) of the definition of ‘war injury’ in regulation 5 of these Regulations; and

(b) within twelve months after the occurrence of the war injury has developed or develops an illness due to shock, immersion or exposure resulting from the war injury,

notwithstanding that he has not been or is not left ashore by reason of the war injury, but the benefits conferred by this regulation shall commence on the date on which, in the opinion of a Medical Inspector of Seamen, or, if the person concerned is at a port or place outside Australia, in the opinion of a qualified medical practitioner, medical, surgical or hospital treatment became necessary.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.