Seamen's War Pensions and Allowances Regulations (Amendment) (Cth)

STATUTORY RULES

1965 No. 89

 

REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1964.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seamen’s War Pensions and Allowances Act 1940-1964.

Dated this first day of July, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

Minister of State for Supply, acting for and on behalf of the Minister of State for Shipping and Transport.

 

Amendments of the Seamen’s War Pensions and Allowances regulations 

1. Regulation 25 of the Seamen’s War Pensions and Allowances Regulations is repealed and the following regulation inserted in its stead:—

Meaning of medical treatment.

“25. For the purposes of this Division, ‘medical treatment’ means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes—

(a)any accommodation, nursing care or transport in relation to such treatment; and

(b)the supply, renewal and repair of artificial replacements and surgical and other aids and appliances.”.

2. After regulation 26 of the Seamen’s War Pensions and Allowances Regulations the following regulation is inserted:—

Medical treatment for disabilities not due to war service.

“26a.—(1.) A Deputy Commissioner for Repatriation may, subject to the succeeding provisions of this regulation and to such conditions as the Commission determines, provide medical treatment in respect of a disease or disabling condition that is not due to war service for an Australian mariner who is, or would, but for a direction under section 53a of the Act, be, in receipt of a pension at a rate not less than the appropriate rate in relation to the mariner specified in column 4 of the table in the First Schedule to the Act.

“(2.) Subject to the next succeeding sub-regulation, an Australian mariner is not eligible for medical treatment under the last preceding sub-regulation if the disease or disabling condition is—

(a)an infectious or contagious disease in respect of which the mariner is required by law to undergo treatment in an institution without charge to the mariner;

 

* Notified in the Commonwealth Gazette on 1 July, 1965.

 Statutory Rules 1961, No. 105 as amended by Statutory Rules 1961, No. 145; 1963, No. 120; and 1964, No. 107.

2727/65.—Price 9d. 9/26.5.1965

(b)a chronic or incurable disease requiring treatment in an institution for a prolonged period; or

(c) a condition caused by addiction to alcohol or drugs.

“(3.) Where an Australian mariner who has been admitted to a hospital or other institution controlled by the Commission is provided with medical treatment for a disease or disabling condition referred to in the last preceding sub-regulation, payment for that treatment shall be made in accordance with sub-section (2.) of section 59 of the Act.

“(4.) Where an Australian mariner is provided with medical treatment under sub-regulation (1.) of this regulation and—

(a) the mariner (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 mariner 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 be made in accordance with sub-section (2.) of section 59 of the Act.”.

Medical treatment for widows, &c.

3. Regulation 34 of the Seamen’s War Pensions and Allowances Regulations is amended by inserting after sub-regulation (1.) the following sub-regulations:—

“(1a.) Subject to the next succeeding sub-regulation, a person referred to in the last preceding sub-regulation is not eligible for medical treatment under that sub-regulation if the disease or disabling condition is—

(a)an infectious or contagious disease in respect of which the person is required by law to undergo treatment in an institution without charge to the person;

(b) a chronic or incurable disease requiring treatment in an institution for a prolonged period; or

(c) a condition caused by addiction to alcohol or drugs.

“(1b.) Where a person referred to in sub-regulation (1.) of this regulation who has been admitted to a hospital or other institution controlled by the Commission is provided with medical treatment for a disease or disabling condition referred to in the last preceding sub-regulation, payment for that treatment shall be made in accordance with sub-section (2.) of section 59 of the Act.

“(1c.) Where a person referred to in sub-regulation (1.) of this regulation is provided with medical treatment under that sub-regulation 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 the person 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 be made in accordance with sub-section (2.) of section 59 of the Act.”.

Application.

4.—(1.) This regulation applies to an Australian mariner—

(a) who, in the period that commenced on the twenty-third day of November, 1964, and ended on the day immediately preceding the commencement of these Regulations, was, or would but for a direction under section 53a of the Act, have been, in receipt of a pension at a rate not less than the appropriate rate in relation to the mariner specified in column 4 of the table in the First Schedule to the Act; and

(b)who incurred expenses for medical treatment rendered to him in that period not being medical treatment for a disease or disabling condition of a kind referred to in paragraph (a), (b) or (c) of sub-regulation (2.) of regulation 26a of the Seamen’s War Pensions and Allowances Regulations as amended by these Regulations.

(2.) An Australian mariner to whom this regulation applies is entitled to be paid the amount of the expenses referred to in paragraph (b)of the last preceding sub-regulation less any amount paid or payable to the mariner or any other person in respect of those expenses by a government or public authority or by a society, association or fund (whether incorporated or not).

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.