Interim Forces Benefits Regulations (Amendment)

Legislation au C1972L00185 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No.

REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947-1966.*

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 Interim Forces Benefits Act 1947-1966.

Dated this second day of November, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

R. McN. HOLTEN

Minister of State for Repatriation.

Amendments of the Interim Forces Benefits Regulations†

Treatment for certain members for disabilities not due to service.

1. Regulation 7 of the Interim Forces Benefits Regulations is amended—

(a) by omitting the words “A Deputy” and inserting in their stead the words “Subject to the next succeeding sub-regulation, a Deputy”.

(b) by omitting the words “, a chronic or incurable disease requiring treatment in an institution for a prolonged period”; and

“(2.) A Deputy Commissioner shall not provide medical treatment for a member under the last preceding sub-regulation in respect of a chronic or incurable disease requiring treatment in an institution for a prolonged period unless the member is in receipt of a pension—

(a) under the provisions of paragraph 6 of the First Schedule to the Repatriation Act; or

(b) at the special rate of pension under the Second Schedule to that Act.”.

Sustenance allowed while undergoing surgical treatment, &c.

2. Regulation 12 of the Interim Forces Benefits Regulations is amended by adding at the end thereof the following sub-regulation:—

“(5.) In this regulation, ‘child’, in relation to a member, means a child of the member (being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child, but not including an ex-nuptial child born more than nine months after the termination of the member’s war service unless the member has adopted the child)—

(a) who is under the age of sixteen years; or

(b) who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

(ii) is receiving full-time education at a school, college or university; and

(iii) is not in receipt of an invalid pension under Part III. of the Social Services Act 1947-1972.”.

* Notified in the Commonwealth Gazette on 1972.

† 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; 1969, No. 176; and 1970, No. 154.

20209/72—Price 5c 10/13.10.1972

Extent of regulations to female members.

3. Regulation 32 of the Interim Forces Benefits Regulations is amended by adding at the end thereof the following sub-regulations:—

“(5.) Subject to the next succeeding sub-regulation, for the purpose of the extended application of regulation 12 of these Regulations in relation to a female member, a reference in that regulation to a child of a female member shall be read as a reference to a child of a female member who is under the age of sixteen years or is a student child, being—

(a) a son or daughter born to the member of a marriage that took place before or during her service, or before her discharge from the Forces or the termination of the war, whichever first happened;

(b) a step-son, step-daughter or adopted child of the member who became dependant upon, the member or her husband prior to her death or discharge from the Forces, or the termination of the war, whichever first happened; or

(c) an ex-nuptial child of the member who was born before or within nine months after her discharge from the Forces or the termination of the war, whichever first happened.

“(6.) For the purpose of the extended application of regulation 12 of these Regulations in relation to a female member, a reference in that regulation to child of a member shall not be read as a reference to a child of a female member—

(a) in a case where the female member is the mother of the child—unless the child is without adequate means of support; or

(b) in any other case—unless—

(i) the father of the child is the member’s husband and either is wholly dependant upon her or is dead or separated or divorced from, or has deserted, the member; and

(ii) the child is wholly or substantially dependant upon the member and is without adequate means of support.

“(7.) For the purposes of sub-regulation (5.) of this regulation, ‘student child’ in relation to a female member, means a child of the member who—

(a) has attained the age of sixteen years but is under the age of twenty-one years;

(b) is receiving full-time education at a school, college or university; and

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1972 No. 185, known as the Interim Forces Benefits Regulations 1972, was enacted under the Interim Forces Benefits Act 1947-1966 to address the need for specific regulations governing benefits for interim forces members and their dependents. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council, highlighting the importance of this regulation in providing structured support to members of interim forces and their families. The policy objective behind these regulations is to ensure that members of interim forces, who have served during specific periods, and their dependents receive appropriate benefits and treatment, thereby addressing any gaps in the provision of support and care to these individuals. The regulations cover aspects such as medical treatment for disabilities, sustenance during treatment, and the extent of benefits applicable to female members, aiming to provide a comprehensive framework for the interim forces benefits system.

Scope and Application

The Interim Forces Benefits Regulations 1972, made under the Interim Forces Benefits Act 1947-1966, apply to members of the Australian Defence Force who are in receipt of pensions under the Repatriation Act. The regulations govern the provision of benefits, particularly medical treatment and sustenance, to these members and their dependants. Specifically, they address the eligibility criteria for treatment of chronic or incurable diseases and the sustenance allowances for children undergoing surgical treatment. The regulations also extend the application to female members by specifying the circumstances under which their children qualify for benefits, such as being under the age of sixteen, being a student child, or being born or adopted under specific conditions related to the member's service or marriage. The scope of the regulations is national, as they are enacted by the Commonwealth Government and apply across Australia. However, certain exclusions apply, such as limiting treatment for chronic or incurable diseases to members receiving specific pensions under the Repatriation Act. The regulations also allow for further specification and amendment through subordinate instruments, ensuring they remain relevant and effective in addressing the needs of defence force members and their families.

Key Provisions

The Regulations under the Interim Forces Benefits Act 1947-1966 introduce significant amendments to the Interim Forces Benefits Regulations, primarily focusing on the treatment and sustenance provisions for certain members and their families. Regulation 7 is amended to restrict the provision of medical treatment for chronic or incurable diseases to those receiving a specific type of pension under the Repatriation Act (subsection 1(a) and (b)). Regulation 12 is further amended to clarify the definition of a 'child' for sustenance purposes, specifying that a child can be a son, daughter, step-son, step-daughter, adopted child, or ex-nuptial child under certain conditions (subsection 2(5)). The obligations imposed by these Regulations require that the Deputy Commissioner adheres to the new criteria for providing medical treatment, ensuring that only those in receipt of the specified pensions receive such treatment for chronic or incurable diseases. Additionally, the definition of a 'child' for sustenance purposes must be strictly followed when determining eligibility for sustenance benefits. This includes verifying the child's age, educational status, and whether they are in receipt of an invalid pension. Failure to comply with these Regulations can lead to legal repercussions. Although the Regulations do not explicitly state offences or penalties, breaches could result in the denial of benefits or, in severe cases, legal action for non-compliance with statutory obligations. The implications of such breaches could extend to civil or criminal liability, depending on the nature and severity of the non-compliance. Given that these Regulations are under the Interim Forces Benefits Act, penalties might align with those stipulated within the overarching Act, potentially including fines or other corrective measures.

Area of Law: Veterans' Affairs
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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