Interim Forces Benefits Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES NO. 48

Issued by Authority of the Minister of State for Veterans’ Affairs

Interim Forces Benefits Regulations (Amendment)

Under section 9 of the Interim Forces Benefits Act 1947 (the Act), the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the Act.

These regulations are consequential upon the provisions of the Repatriation Legislation Amendment Act 1984 which came into operation on 1 January 1985 and which provides for a restructuring of the Repatriation determining system.

Details of the regulations are set out below.

Regulation 1 - Attendance Allowance

Existing regulation 14A of the Interim Forces Benefits Regulations provides for the payment of a loss of earnings allowance in respect of a member who attends a medical or other appointment, at the request of a Deputy Commissioner. Former sub-regulation 14A(2) provided that the allowance was to be calculated in accordance with sub-regulation 46A(2) or (4) of the Repatriation Regulations. As a consequence of the Repatriation Legislation Amendment Act 1984, former Repatriation Regulation 46A has been repealed. The substance of former sub-regulations 46A(2) and (4) is now included in sub-regulations 74A(2) and (4) of the Repatriation Regulations.

Regulation 1 has amended sub-regulation 14A(2) of the Interim Forces Benefits Regulations to delete the reference to sub-regulation 46A(2) or (4) of the Repatriation Regulations and substitute a reference to sub-regulation 74A(2) or (4) of the Repatriation Regulations.

Regulation 2 - Delegation of powers by Commission

Former regulation 29 of the Interim Forces Benefits Regulations provided in part, that the Repatriation Commission could delegate any power or authority of the Repatriation Commission under regulation 30. Sub-regulation 30(3) provides that the ‘Commission’ in regulation 30 includes a person to whom the Repatriation Commission has delegated its powers or functions under regulation 29. These two provisions were therefore repetitive.

Regulation 2 has amended former regulation 29 of the Interim Forces Benefits Regulations to delete the reference to regulation 30 and has thereby removed the duplication between sub-regulations 29(1) and 30(3).

Regulation 3 - Exercise or performance by Commission of powers or functions of Deputy Commissioner or Education Board

Former sub-regulation 30(1) of the Interim Forces Benefits Regulations provided that the Repatriation Commission could exercise any power or authority vested by the Regulations in a Deputy Commissioner or Education Board. Former sub-regulation 30(2) provided that where the exercise of a power or authority was dependent upon the belief or opinion of a Deputy Commissioner or Education Board, the exercise of that power or authority by the Repatriation Commission would depend upon the belief or opinion of the Repatriation Commission. Former sub-regulation 30(3) provided that for the purposes of sub-regulation 30(2) the ‘Commission’ included a person to whom the Repatriation Commission had delegated its power or authority under regulation 29.

Regulation 3 has repealed former regulation 30 of the Interim Forces Benefits Regulations and substituted a new regulation 30 which removes the terms ‘power and authority’ and replaces them with the terms ‘power or function’. This has provided consistency between the language used in regulations 29 and 30.

Regulation 4 - Application of certain provisions of the Repatriation Regulations

Existing regulation 31 of the Interim Forces benefits Regulations extends certain Repatriation Regulations to members and their dependants covered under the Interim Forces Benefits Regulations. Regulation 31 referred to former regulations 72 and 188 of the Repatriation Regulations which have been repealed.

Regulation 3 has amended existing regulation 31 of the Interim Forces Benefits Regulations to delete reference to regulations 72 and 188 of the Repatriation Regulations.