STATUTORY RULES
1972 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 third day of May, 1972.
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 “Sixty dollars fifty cents” and inserting in their stead the words “Sixty-two dollars fifty cents”.
First Schedule.
2. The First Schedine 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:—
Column 1 | Column 2 |
Class of Person Eligible for Pension | Rate of Pension Payable |
| Per fortnight $ |
Widow of member....................................... | 36.50 |
Child of member— | |
(a) where (in the case of a child other than un 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. |
* Notified in the Commonwealth Gazette on 1972.
† 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, Nos. 55 and 137.
14005/72—Price 5c 9/21.4.1972
Second Schedule.
3. The Second Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the words “Eighty-five dollars” (wherever occurring) and inserting in their stead the words “Eighty-nine dollars”.
Fourth Schedule.
4. The Fourth Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is repealed and the following Schedule inserted in ils stead:—
FOURTH SCHEDULE
RATE OF PENSION IN RESPECT OF SPECIFIED DISABILITIES
Regulations 17 and 20.
Column 1 | Column 2 |
Description of Disability | Amount |
| Per fortnight $ |
Two arms amputated............................................... | 65.00 |
Two legs and one arm amputated....................................... | 65.00 |
Two legs amputated above the knee...................................... | 65.00 |
Two legs amputated and loss of eye...................................... | 65.00 |
One leg and one arm amputated and one eye destroyed......................... | 65.00 |
One leg and one arm amputated........................................ | 65.00 |
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.
5. An amendment made by these Regulations applies in relation to an instalment of a pension that fell due on the first pension pay day after the date of commencement of the Repatriation Act 1972 and to all subsequent instalments.
Printed by Authority by the Government Printer of the Commonwealth of Australia
Overview
Statutory Rules 1972 No. 66, made under the Native Members of the Forces Benefits Act 1957–1968, was introduced to address the need to amend pension rates for native members of the Australian forces, particularly those from the Torres Strait Islands. Enacted by the Governor-General in accordance with the Federal Executive Council's advice, these regulations came into effect on the third of May, 1972. The primary objective of these regulations was to adjust the rates of pensions payable to widows, children, and other dependants of native members of the forces, as well as to specify pension rates for various disabilities as outlined in the Fourth Schedule. These amendments aimed to ensure that the financial support provided to these individuals was fair and reflective of current economic conditions.
Scope and Application
The Native Members of the Forces Benefits Act 1957–1968 provides benefits to native members of the Australian forces, their widows, children, and other dependants. The Act applies to persons who are eligible under the legislation, specifically native members of the forces and their families. These regulations are specifically concerned with native members from the Torres Strait Islands. The scope of the Act is primarily concerned with the financial benefits and pensions to be provided to eligible individuals. The regulations specify the rates of pension payable to widows, children, and other dependants, as well as the rates for specific disabilities. The geographic reach of the Act is national, as it applies to native members and their families across Australia. The regulations are made under the authority of the Governor-General and the Repatriation Act 1972, indicating a Commonwealth reach. The Act does not explicitly state exclusions, exemptions, or thresholds; however, eligibility is determined by the Pensions Board or the Commission, which may consider various factors in their assessments. The application of the Act is extended and detailed through the subordinate regulations, which provide specific amendments to pension rates and conditions of eligibility.
Key Provisions
The Native Members of the Forces Benefits Regulations 1972 amend existing provisions under the Native Members of the Forces Benefits Act 1957–1968. The amendments primarily affect the rates of pension payable to widows and children of deceased members of the forces, as well as other dependants, and also modify the pension rates for various disabilities (Regulation 1, 2, 3, 4). Specifically, the pension rate for widows of members is adjusted from $60.50 to $62.50 per fortnight (Regulation 2). The pension rates for children are adjusted as follows: $28.00 for children where both the member and his wife are deceased, $28.00 for children not being maintained by a parent or step-parent, and $14.00 for all other cases (Regulation 2). Other dependants receive a pension of $9.00 per fortnight, or a lesser amount as determined by the Minister (Regulation 2). Additionally, the pension rates for specific disabilities have been revised (Regulation 4).
The Regulations impose obligations on the parties involved, particularly the Pensions Board and the Commission, to ensure that pension payments are made in accordance with the new rates. The Pensions Board and the Commission must also verify the eligibility of beneficiaries, particularly children who are not being maintained by a parent, adoptive parent, or step-parent (Regulation 2). The Minister has the authority to determine the pension amount for any other dependants, ensuring that payments are fair and appropriate (Regulation 2). The Regulations require these bodies to review and adjust pension rates as necessary to reflect changes in circumstances or costs.
Breaches of the provisions outlined in these Regulations could lead to civil or administrative consequences. For instance, if the Pensions Board or the Commission fails to correctly apply the amended pension rates, this could result in underpayment or overpayment of pensions, which might necessitate rectification and potential compensation to the affected parties. Although the Regulations do not explicitly state penalties, failure to comply with such statutory obligations could result in legal action or administrative penalties under the broader framework of the Native Members of the Forces Benefits Act 1957–1968. The precise penalties would depend on the nature and extent of the breach, as well as the specific provisions of the overarching Act.