Native Members of the Forces (Torres Strait Islands) Benefits Regulations (Amendment)

Legislation au C1971L00137 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1971 No.

REGULATIONS UNDER THE NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1968.*

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 Native Members of the Forces Benefits Act 1957-1968.

Dated this nineteenth day of October, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

R. McN. Holten

Minister of State for Repatriation.

Amendments of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations

Rates of pension.

1. Regulation 14 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from sub-regulation (3.) the words “Fifty-seven dollars” and inserting in their stead the words “Sixty dollars fifty cents”.

Attendant’s allowances for blind and other members.

2. Regulation 16 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Seventeen dollars” and inserting in their stead the words “Nineteen dollars”;

(b) by omitting from sub-regulation (2.) the words “Twenty-eight dollars” and inserting in their stead the words “Thirty-two dollars”;

(c) by omitting from sub-regulation (3.) the words “Twenty-eight dollars” and inserting in their stead the words “Thirty-two dollars”;

(d) by omitting from sub-regulation (4.) the words “Seventeen dollars” and inserting in their stead the words “Nineteen dollars”; and

(e) by omitting from sub-regulation (5.) the words “Seventeen dollars” and inserting in their stead the words “Nineteen dollars”.

First Schedule.

3. The First Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting Table A and inserting in its stead the following Table:—

* Notified in the Commonwealth Gazette on   1971.

† Statutory Rules 1965, No. 123, as amended by Statutory Rules 1966, Nos. 83 and 171; 1967, No. 140; 1968, No. 123; 1969, No. 194; 1970, No. 151; and 1971, No. 55.

18169/71—Price 5c         15/30.7.1971


Column 1

Column 2

Class of Person Eligible for Pension

Rate of Pension Payable

 

Per fortnight

 

$

Widow of member.......................................

34.30

Child of member—

 

(a) where (in the case of a child other than an ex-nuptial child) both the member and his wife are dead             

28.00

(b) where the last preceding paragraph does not apply and the Pensions Board or the Commission is satisfied that the child is not being maintained by a parent, adoptive parent or step-parent of the child             

28.00

(c) in any other case...................................

14.00

Any other dependant of member..............................

9.00, or such lesser amount as the Minister from time to time determines.

Second Schedule.

4. The Second Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the words “Seventy-eight dollars” (Wherever occurring) and inserting in their stead the words “Eighty-five dollars”.

Fourth Schedule.

5. The Fourth Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is repealed and the following Schedule inserted in its stead:—

FOURTH SCHEDULE

Rate of Pension in Respect of Specified Disabilities

Regs. 17 and 20

Column 1

Column 2

Description of Disability

Amount

 

Per fortnight

 

$

Two arms amputated......................................

61.00

Two legs and one arm amputated..............................

61.00

Two legs amputated above the knee............................

61.00

Two legs amputated and loss of eye............................

61.00

One leg and one arm amputated and one eye destroyed...............

61.00

One leg and one arm amputated..............................

61.00

One leg amputated above, and one leg amputated below, the knee........

22.40

Two legs amputated below the knee............................

15.00

One arm amputated and one eye destroyed.......................

13.00

One leg amputated and one eye destroyed........................

13.00

One leg amputated above the knee.............................

6.50

One leg amputated below the knee.............................

3.40

One arm amputated above the elbow...........................

6.50

One arm amputated below the elbow...........................

3.40

Loss of vision in one eye...................................

5.00

Application.

6. An amendment made by these Regulations applies in relation to an instalment of a pension or of an allowance, as the case may be, that fell due on the first pension pay day or allowance pay day, as the case may be, after the date of commencement of the Repatriation Act (No. 2) 1971 and to all subsequent instalments.

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

Overview

The Native Members of the Forces Benefits Regulations 1971 were enacted to amend the existing pension rates and allowances for native members of the Australian forces and their dependants, as prescribed under the Native Members of the Forces Benefits Act 1957-1968. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and aim to address the gap in providing adequate financial support to those who have served in the forces, particularly from the Torres Strait Islands. The primary policy objective of these regulations is to ensure that the benefits provided to these individuals and their families reflect the current economic conditions and adequately compensate for their service and any disabilities incurred during their time in the forces. The regulations specifically adjust the pension rates and allowances to reflect the changes in the Repatriation Act (No. 2) 1971, ensuring that the support provided is both fair and reflective of the current economic environment.

Scope and Application

The Native Members of the Forces Benefits Regulations 1971 under the Native Members of the Forces Benefits Act 1957-1968 apply specifically to the native members of the Australian Defence Force and their dependants. This includes the Torres Strait Islands residents who served in the Australian Defence Force and their families, focusing on the provision of pensions and allowances. The Regulations detail the financial benefits to which these individuals are entitled, including adjustments to pension rates and attendant allowances for specific conditions such as blindness or other disabilities. The application of these Regulations is confined to the Commonwealth jurisdiction, ensuring uniformity across Australia. Certain exclusions and thresholds are defined to specify eligibility and the amounts payable, with the Regulations providing detailed schedules outlining rates for different classes of persons and specified disabilities. These Regulations extend their application through the subordinate instruments mentioned, which amend and adjust the rates and allowances periodically to reflect changes in economic conditions or policy decisions.

Key Provisions

The main operative sections of the Regulations under the Native Members of the Forces Benefits Act 1957-1968 include amendments to the pension rates and attendant allowances for various categories of beneficiaries, such as widows and children of deceased members of the Australian Defence Force (ADF) from the Torres Strait Islands. Regulation 14 adjusts the pension amount for widows from $57 to $60.50 per fortnight (section 1). Regulation 16 modifies the attendant allowances for blind and other members, increasing these amounts from $17 to $19 per fortnight for certain categories and from $28 to $32 per fortnight for others (section 2). The First Schedule sets out the rates of pension payable to different categories of beneficiaries, such as widows and children, with specific rates for various circumstances (section 3). The Second Schedule increases the pension amount for certain disabilities from $78 to $85 per fortnight (section 4). The Fourth Schedule outlines the pension rates for specified disabilities, ranging from $13 to $61 per fortnight depending on the severity and type of disability (section 5). These amendments are applicable to pension and allowance payments made after the Repatriation Act (No. 2) 1971 (section 6). These Regulations impose specific obligations on the government and the relevant authorities, such as the Pensions Board or the Commission, to ensure that the amended pension rates and allowances are correctly applied and disbursed to eligible beneficiaries. The authorities must verify the eligibility of beneficiaries, determine the applicable rates, and make the appropriate adjustments to pension and allowance payments. They must also ensure that the new rates are applied retroactively to payments due after the commencement of the Repatriation Act (No. 2) 1971, as specified in section 6. There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations for breaches of the provisions. However, failure to comply with the requirements for the correct application and disbursement of pensions and allowances may result in administrative penalties or legal actions, such as a review or an appeal by the affected beneficiaries. The penalties for non-compliance would depend on the specific circumstances and the applicable laws and regulations governing the administration of pensions and allowances in Australia.

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