Papua New Guinea (Members of the Forces Benefits) Regulations (Amendment)

Administered by Department of Veterans' Affairs

Legislation au F1997B02172 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1985 NO. 273

Minute No. 23 of 1985 - Minister of State for Veterans’ Affairs

Subject - Papua New Guinea (Members of the Forces Benefits) Act 1957

Papua New Guinea (Members of the Forces Benefits) Regulations (Amendment)

Under section 9 of the Papua New Guinea (Members of the Forces Benefits) Act 1957 (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 carrying out or giving effect to the Act.

The regulations are to give effect to the decisions of the Government announced in the Treasurer’s Economic Statement on 14 May 1985.

There were two items in the Treasurer’s Economic Statement which required amendment to the Papua New Guinea (Members of the Forces Benefits) Regulations. First, the criteria applied by Repatriation determining authorities in deciding whether a member of the Forces is eligible to receive the Special


Rate (totally and permanently incapacitated) pension were amended. Secondly, there will be no future grants of pension to dependants of members of the Forces, or deceased members of the Forces, other than pensions to the widow or orphan of a member payable in respect of the member’s death.

The criteria for payment of disability pensions at the Special Rate and for payment of pensions to dependants are contained in the Papua New Guinea (Members of the Forces Benefits) Regulations. In other Repatriation legislation, these criteria are expressed in the principal legislation which has been amended by the Repatriation Legislation Amendment Act 1985 to give effect to the decisions announced in the Treasurer’s Economic Statement.

Details of the Regulations are set out below.

Regulation 1 - Definitions

Existing regulation 3 of the Papua New Guinea (Members of the Forces Benefits) Regulations contains definitions of terms used in the Regulations.

Sub-regulation 1(a) amended the definition of “dependant” to include only the widow or child of a member who has died. The references to the wife or child of an incapacitated member, or any


other person who was dependent on the member, have been removed because pensions payable to these people were abolished.

Sub-regulation 1(b) amended the definition of “totally incapacitated” to align it with the criteria for the grant of the Special Rate (totally and permanently incapacitated) pension contained in Schedule 2 to the Repatriation Act 1920, as amended by the Repatriation Legislation Amendment Act 1985. The amended definition of “totally incapacitated” requires that a member is totally and permanently incapacitated solely as a result of service-related incapacity; is unable to undertake remunerative work for periods aggregating more than 8 hours per week and loses salary, wages or earnings as a result of that incapacity.

Sub-regulation 1(c) precludes a member from being considered as “totally incapacitated” if the member has ceased work for reasons other than service-related injury or disease.

Regulation 2 - Who may claim pension

Former regulation 5 specified who may make a claim for pension. Regulation 2 amended former sub-regulation 5(b) so that a dependant may only make a claim in respect of a member’s death.


Regulation 3 - Rates of pension

Existing regulation 9 of the Papua New Guinea (Members of the Forces Benefits) Regulations specifies the rates of pension payable under the Regulations. Former sub-regulation 9(1A) referred to the rate payable to a dependant who was not the wife, widow or child of a member while former sub-regulation 9(2) referred to the rate paid where a member had more than one wife. As pensions to dependants other than the widow or child of a deceased member have been abolished, these sub-regulations have been omitted.

Regulation 4 - Cessation of pension payable to dependants of member

Existing sub-regulation 12(1) of the Papua New Guinea (Members of the Forces Benefits) Regulations provided that a pension to a dependant of a member (other than his wife or widow) ceases when the dependant reaches 16 years of age. Regulation 4 removed the reference to a wife in that sub-regulation as pensions are no longer to be granted to the wife of an incapacitated member.

Regulation 5 - Schedule 1

Former Table B of Schedule 1 to the Papua New Guinea (Members of the Forces Benefits) Regulations specified rates of pension payable to the member, the wife of an incapacitated member, dependant of an incapacitated member under 16 years of age

and any other dependant of an incapacitated member. As pensions are now only granted to the member in respect of incapacity and not to dependants, Items 2, 3 and 4 of this Table have been omitted by this regulation.

 

Authority:

Section 9 of the Papua New Guinea (Members of the Forces) Benefits Act 1957

 

Overview

The Papua New Guinea (Members of the Forces Benefits) Regulations (Amendment) Statutory Rules 1985 No. 273 were enacted to address changes in pension eligibility and rates for members of the Australian Defence Force and their dependants, stemming from the Treasurer’s Economic Statement of 14 May 1985. This amendment was made under section 9 of the Papua New Guinea (Members of the Forces Benefits) Act 1957, allowing the Governor-General to prescribe regulations necessary for carrying out the Act. The regulations aimed to implement the Government's decision to revise the criteria for the Special Rate (totally and permanently incapacitated) pension and to cease future pensions to dependants of members of the Forces, except for widows or orphans. The policy objective was to streamline pension benefits and align them with the broader economic measures outlined in the Treasurer's Statement. The regulations thus ensure that pensions are only granted to members who are totally and permanently incapacitated due to service-related injuries or diseases and to the immediate family of deceased members.

Scope and Application

The Papua New Guinea (Members of the Forces Benefits) Act 1957 applies to members of the Australian Defence Force and their dependants, primarily focusing on providing benefits to those who have been incapacitated due to service-related injuries or disease. The Act's primary scope is to regulate the pension rates and eligibility criteria for members who are totally and permanently incapacitated, as well as the cessation of pensions to dependants, as amended by the Papua New Guinea (Members of the Forces Benefits) Regulations. These regulations have been updated to reflect changes in policy, such as the abolition of pensions to dependants other than the widow or child of a deceased member. The Act extends to the entire Commonwealth of Australia, ensuring uniform application of pension benefits across the nation. Notably, the Act does not apply to pensions for members' wives who are not widows or children who are not orphans, as these pensions have been abolished. The regulations provide detailed definitions and criteria, ensuring that benefits are accurately and fairly distributed to eligible members and their dependants.

Key Provisions

The main provisions of the Papua New Guinea (Members of the Forces Benefits) Regulations (Amendment) Statutory Rules 1985 No. 273 pertain to changes in the eligibility criteria for disability pensions and the cessation of pensions to dependants of members of the Forces. Regulation 1 amends the definitions of "dependant" (1(a)), "totally incapacitated" (1(b)), and introduces a new criterion to exclude members who have ceased work due to reasons other than service-related injury or disease (1(c)). Regulation 2 restricts claims for pensions to dependants only in respect of a member's death (2). Regulation 3 removes provisions for pensions payable to dependants who are not the wife, widow, or child of a member (3). Regulation 4 specifies that pensions to dependants of a member cease when the dependant reaches 16 years of age, with the removal of references to a wife (4). Lastly, Regulation 5 omits the rates of pension payable to the wife of an incapacitated member, a dependant of an incapacitated member under 16 years of age, and any other dependant of an incapacitated member (5). The amended regulations impose specific obligations on parties involved. For instance, Repatriation determining authorities must apply the revised criteria when assessing eligibility for the Special Rate (totally and permanently incapacitated) pension. Dependants can only claim pensions in respect of a member's death, and pensions to dependants cease when the dependant reaches 16 years of age. Furthermore, members must meet the stringent criteria for being considered "totally incapacitated" as defined in the Regulations. There are no specific offences, penalties, or civil/criminal consequences outlined in the Regulations for breaches. However, any non-compliance with the criteria for pension eligibility or the cessation of pensions could lead to disputes or legal challenges regarding the validity of pension claims. The primary consequence of non-compliance would be the denial of pension payments, which could have significant financial implications for the affected parties.

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