Interim Forces Benefits Regulations (Amendment)

Overview

The Statutory Rules 1973 No. 283, under the Interim Forces Benefits Act 1947-1973, were enacted to amend the Interim Forces Benefits Regulations. This legislative instrument was introduced to address certain gaps in the provision of medical treatment and benefits to members of the Australian Defence Force. The enactment was overseen by the Governor-General of Australia, who acted on the advice of the Executive Council, and was signed by the Minister of State for Repatriation. The primary policy objective of these regulations was to ensure that members of the Defence Force received appropriate medical treatment and benefits in a manner that was efficient and fair, without adversely affecting the provision of treatment for other eligible individuals.

Scope and Application

The Interim Forces Benefits Regulations 1973, enacted under the Interim Forces Benefits Act 1947-1973, apply to members of the Australian Defence Force and their dependents who are in need of benefits and services provided under the Act. These regulations cover a range of provisions including medical treatment, surgical aids, sustenance allowances during surgical treatment, and expenses related to travel for medical treatment or pension purposes. The regulations extend to the entire Commonwealth of Australia and are enforced by the Repatriation Commission or its delegates, who act as Deputy Commissioners. These regulations also establish conditions under which certain benefits can be withheld or payments for treatment may be required, such as in cases of carelessness or wilful acts by the member. Specific exclusions and thresholds are outlined in the regulations, detailing which treatments and conditions are eligible for benefits, with certain exclusions noted for infectious or contagious diseases and other specific provisions. The application of these regulations can be further refined or extended through subordinate instruments as determined by the Repatriation Commission.

Key Provisions

These regulations amend and supplement the Interim Forces Benefits Regulations under the Interim Forces Benefits Act 1947-1973. Regulation 7 is amended to remove certain conditions on treatment for members with disabilities not due to service, allowing a Deputy Commissioner to provide medical treatment in a hospital or other institution for a disease, disability, or condition for which the member is not otherwise eligible (reg. 7a). This treatment can be provided if it does not adversely affect the provision of medical treatment for which any person is eligible under other provisions of these Regulations or under the Repatriation Act or other related acts (reg. 7a(2)). Regulation 11 is repealed and replaced with a new regulation allowing the Deputy Commissioner to refuse to arrange for the necessary renewal of, or repairs to, an artificial replacement, surgical, or other aid or appliance if the member's carelessness or wilful act has rendered the renewal or repairs necessary (reg. 11(1)). Additionally, if payment for the renewal or repairs is required, it must be made in accordance with section 9 of the Act (reg. 11(2)). A new regulation is also inserted, stipulating that if medical treatment is provided under these Regulations and the person recovers or receives, or is notified to 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 treatment must be made in accordance with section 9 of the Act (reg. 11a). These regulations impose certain obligations on the parties or entities they govern. Firstly, they require the Deputy Commissioner to provide medical treatment under specified conditions and ensure that such treatment does not adversely affect the provision of medical treatment for which any person is eligible under other provisions or related acts (reg. 7a(2)). Secondly, they mandate that the Deputy Commissioner may refuse to arrange for the renewal of, or repairs to, an artificial replacement, surgical, or other aid or appliance if the member's carelessness or wilful act has rendered the renewal or repairs necessary (reg. 11(1)). Thirdly, if the Deputy Commissioner arranges for the renewal or repairs, payment for such renewal or repairs must be made in accordance with section 9 of the Act (reg. 11(2)). Lastly, if medical treatment is provided under these Regulations and the person recovers or receives, or is notified to 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 treatment must be made in accordance with section 9 of the Act (reg. 11a). Failure to comply with these regulations may result in various consequences. Firstly, if a Deputy Commissioner refuses to arrange for the necessary renewal of, or repairs to, an artificial replacement, surgical, or other aid or appliance due to the member's carelessness or wilful act, and the refusal is not justified, it may result in a breach of the obligation to provide necessary medical treatment. Secondly, if the Deputy Commissioner fails to ensure that the provision of medical treatment under regulation 7a(2) does not adversely affect the provision of medical treatment for which any person is eligible under other provisions or related acts, it may also result in a breach. Additionally, if payment for the renewal or repairs is not made in accordance with section 9 of the Act, it may lead to a breach of the obligation to ensure proper payment procedures are followed. Lastly, if payment for medical treatment is not made in accordance with section 9 of the Act when the person recovers or receives, or is notified to 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, it may also result in a breach. The specific penalties for these breaches are not detailed in the regulations but may be found in the primary Act or other relevant legislation.