STATUTORY RULES
1970 No. 154
REGULATION UNDER THE INTERIM FORCES BENEFITS ACT 1947-1967.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Interim Forces Benefits Act 1947-1967.
Dated this first day of October, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Repatriation.
Amendment of the Interim Forces Benefits Regulations†
Sustenance allowance while undergoing medical treatment, &c.
Regulation 12 of the Interim Forces Benefits Regulations is amended by omitting from sub-regulation (1.) all the words after paragraph (c) and inserting in their stead the words—
“a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member, for the period for which he is so prevented, sustenance allowance at a rate not exceeding—
(d) the rate of pension that would be payable to the member under the First Schedule to the Repatriation Act upon his total incapacity; or
(e) if the member has a wife and children or a wife or children, the total of the rates of pension that would be payable to the member under the First Schedule to the Reparation Act, and in respect of his wife and children, or wife or children, under the Third Schedule to that Act, upon his total incapacity,
less the rate of any pension payable to the member under that First Schedule, or the total of the rates of any pensions payable to the member under that First Schedule and to his wife and children or wife or children under that Third Schedule.”.
* Notified in the Commonwealth Gazette on 15 October, 1970.
† Statutory Rules 1947, No. 108, as amended by Statutory Rules 1948, Nos. 82, 136 and 138; 1950, No. 97; 1951, No. 8; 1953, No. 7; 1961, No. 118; 1965, No. 127; 1967, No. 151; 1968, No. 124; and 1969, No. 176.
Printed by Authority by the Government Printer of the Commonwealth of Australia
21919/70—Price 5c 9/3.9.1970
Overview
Statutory Rules 1970 No. 154, made under the Interim Forces Benefits Act 1947-1967, was enacted to address specific issues concerning the sustenance allowance for members undergoing medical treatment. This regulation was introduced by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, on 1 October 1970. The primary objective of this regulation was to amend the existing Interim Forces Benefits Regulations, particularly Regulation 12, to provide a more comprehensive sustenance allowance for members who are incapacitated and require ongoing medical treatment. This legislative instrument ensures that members receive adequate financial support while they are unable to work, thereby aligning their benefits with the pension rates stipulated in the Repatriation Act.
Scope and Application
This regulation is a legislative instrument made under the Interim Forces Benefits Act 1947-1967, specifically amending the Interim Forces Benefits Regulations concerning the sustenance allowance granted to members of the defence forces while undergoing medical treatment. It applies to members of the Australian Defence Force who are receiving medical treatment and who are eligible for sustenance allowances under the terms of the Act. The amendment pertains to the rate of sustenance allowance that can be granted to such members, taking into account the circumstances of their incapacity and the presence of dependents, thereby ensuring that the allowance reflects the member's current needs and financial situation. This regulation has a national reach, applying across the Commonwealth of Australia, and is part of a broader framework that includes subordinate instruments which may further extend or restrict the application of the allowance provisions. The regulation specifies exclusions and thresholds for the allowance rates based on the member's level of incapacity and family circumstances.
Key Provisions
The main operative sections of this legislative instrument are found in the regulation amending the Interim Forces Benefits Regulations. Specifically, Regulation 12 is amended to alter the provisions for sustenance allowances for members undergoing medical treatment. The regulation now allows a Deputy Commissioner to grant sustenance allowances at rates that correspond to either the pension payable under the First Schedule to the Repatriation Act for total incapacity or, in the case of members with dependents, the combined rates of pension for total incapacity and their dependents, minus any pension already payable under the First Schedule (regulation 12(1)). This amendment seeks to ensure that members who are unable to work due to medical conditions receive appropriate financial support.
The obligations and requirements imposed by this amendment include the necessity for Deputy Commissioners to adhere to the updated provisions when determining sustenance allowances. They must take into account the total incapacity of the member and any dependents they may have. This requires a careful assessment of the member's circumstances and the applicable pension rates under the Repatriation Act. Deputy Commissioners are mandated to ensure that the sustenance allowances are granted correctly and are within the specified limits, reflecting the member's total incapacity and any dependents they may have.
The regulation does not explicitly outline offences, penalties, or civil/criminal consequences for breaches of the updated provisions. However, non-compliance with the terms of the sustenance allowance could potentially lead to legal challenges or administrative penalties. Given the statutory context, any significant deviation from the prescribed allowances or failure to properly assess and grant the correct sustenance allowance might be subject to review and correction by higher authorities within the Department of Repatriation. It is essential that Deputy Commissioners meticulously follow the amended regulations to avoid any discrepancies or legal repercussions.