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

Statutory Rules

1975 No. 97

REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1975.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Seamen's War Pensions and Allowances Act 1940-1975.

Dated this twenty-ninth day of May, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

JOHN M. WHEELDON

Minister of State for Repatriation and Compensation.

_________

Amendments of the Seamen’s War Pensions and Allowances Regulations 

Parts.

1. Regulation 3 of the Seamen’s War Pensions and Allowances Regulations is amended by inserting after the words—

“Part III—Claims for Pensions (Regulations 8-18)”,

the words—

“Part IIIa—Appeals (Regulations 18a-18d)”.

Definitions.

2. Regulation 4 of the Seamen’s War Pensions and Allowances Regulations is amended by inserting after the definition of “the Act” the following definition:—

“‘Tribunal’ means a War Pensions Entitlement Appeal Tribunal, or an Assessment Appeal Tribunal, established under the Repatriation Act 1920-1975;”.

Action by Registrar on receipt of claim.

3. Regulation 9 of the Seamen’s War Pensions and Allowances Regulations is repealed.

Action by Deputy Commissioner on receipt of claims.

4. Regulation 10 of the Seamen’s War Pensions and Allowances Regulations is repealed and the following regulations substituted:—

“10. (1) Where a Deputy Commissioner for Repatriation receives a claim he shall note on it the date on which he received it and shall arrange for that claim to be investigated.

 

* Notified in the Australian Government Gazette on 30 May 1975.

  Statutory Rules 1961, No. 105, as amended by Statutory Rules 1961, No. 145; 1963, No. 120; 1964, No. 107; 1965, No. 89; 1966, No. 110; 1967, No. 44; 1968, Nos. 106 and 120; 1969, Nos. 109 and 179; 1970, Nos. 84 and 155; 1972, Nos. 119 and 194; and 1973, Nos. 27, 35, 84 and 290.

 

“(2) A Deputy Commissioner for Repatriation shall, after the completion of an investigation of a claim referred to in sub-regulation (1), submit that claim, together with any report or information relating to that claim, to a Pensions Committee or to the Repatriation Commission.

Application of section 8a of the Act to authorities.

“10a. Section 8a of the Act applies in relation to the Pensions Committees and the Appeal Tribunals.

Recording of notification of decision of Pensions Committee.

“10aa. Subject to section 8a of the Act, a Pensions Committee shall, in respect of each claim decided by it—

(a) file the decision with the records of the case; and

(b) furnish a copy of the decision to the claimant or to a person authorized by the claimant.”.

5. After Part III of the Seamen’s War Pensions and Allowances Regulations, the following Part is inserted:—

“Part IIIa—Appeals

Appeals.

“18a. Appeals to a Tribunal in respect of pensions shall be lodged and decided in the same manner as appeals under the Repatriation Act 1920-1975 in relation to pensions under that Act.

Undertaking.

“18b. Before any information contained in the records relating to an appellant’s case is made available to him under section 80 of the Repatriation Act 1920-1975 as applied by the Act, the appellant or his representative shall sign an undertaking in the approved form to respect the confidential nature of that information and to use it only in so far as is necessary for the purpose of the appeal.

Expenses and allowances to appellants.

“18c. There is payable to an appellant who attends a sitting of a Tribunal the same allowances and expenses as are payable to the appellants before a Tribunal under the Repatriation Regulations.

Recording and notification of decision of Appeal Tribunals.

“18d. Subject to section 8a of the Act, an Appeal Tribunal shall, in respect of each claim decided by it—

(a) file the decision with the records of the case; and

(b) furnish a copy of the decision to the claimant or to a person authorized by the claimant.”.

Attendance allowance.

6. Regulation 33 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting sub-regulations (2) to (6) inclusive and substituting the following sub-regulation:—

“(2) Where a member to whom this regulation applies is required to attend at a place referred to in sub-regulation (1) for a purpose specified in that sub-regulation, he is entitled to be paid an allowance in respect of that attendance at the same rate and subject to the same conditions as if he were, in respect of that attendance, entitled to be paid an allowance under sub-regulation 46a (2) or (4) of the Repatriation Regulations.”.

Allowance to certain widows.

7. Regulation 37 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words “Nineteen dollars” and substituting the figures “$24.00”.

8. After regulation 43 of the Seamen’s War Pensions and Allowances Regulations the following regulation is inserted:—

Prescribed matters for the purposes of section 8a of the Act.

“43a. For the purposes of section 8a of the Act, the matter referred to in sub-paragraph 5 (a) (i) of the Act is a prescribed matter.”.

 

Commencement.

9.