Repatriation (Far East Strategic Reserve) Regulations (Amendment)

Overview

The Statutory Rules 1979 No. 225, made under the Repatriation (Far East Strategic Reserve) Act 1956, were enacted to amend the Repatriation (Far East Strategic Reserve) Regulations. This legislative instrument was introduced to address the need for adjustments in the financial provisions related to the travel expenses for medical treatment and pension purposes, as well as to clarify the circumstances under which funeral expenses for deceased members are covered. The regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, with a stated objective of updating the financial allowances and criteria to reflect current economic conditions and service needs of veterans. The Regulations came into effect on 1 November 1979, ensuring that the amendments are applied uniformly across the board to maintain consistency in the benefits provided to eligible veterans and their families.

Scope and Application

The Repatriation (Far East Strategic Reserve) Regulations, made under the Repatriation (Far East Strategic Reserve) Act 1956, provide detailed provisions governing the financial assistance available to veterans from the Far East Strategic Reserve and their families. These regulations apply to veterans and their next of kin who served in the Far East Strategic Reserve during World War II and subsequent conflicts, ensuring they receive appropriate financial support for medical treatment, travel expenses related to medical treatment or pension purposes, and funeral expenses. The regulations cover individuals who are entitled to benefits under the Act and are operative across the Commonwealth of Australia. Notably, the regulations allow for adjustments to the amounts payable for certain expenses through amendments, as evidenced by the updates to the travel and funeral expenses outlined in the regulations. The application of these provisions is subject to the specific criteria and conditions set out in the regulations, which may be further extended or restricted through subordinate instruments.

Key Provisions

The key provisions of these Regulations, made under the Repatriation (Far East Strategic Reserve) Act 1956, primarily involve amendments to the financial aspects of the original regulations. Regulation 39(4) (section 2) modifies the expenses for travel for medical treatment or pension purposes by increasing the reimbursement rates for certain categories of travel. Specifically, it adjusts the costs from the original amounts to new amounts, which include $82.30 instead of $45.00 for the first category, $41.15 instead of $22.50 for the second category, $69 instead of $34.00 for the third category, and $34.50 instead of $17.00 for the fourth category. These changes reflect updated financial requirements for travel reimbursements related to medical treatment or pension purposes. The Regulations also impose obligations on the parties involved by clarifying and updating the financial provisions under Regulation 39(4). For example, the new rates must be adhered to when reimbursing individuals for travel expenses incurred for medical treatment or pension purposes. Additionally, Regulation 49 (section 3) modifies the criteria for funeral expenses of deceased members, specifying that funeral expenses will be covered if the member dies in an institution, while proceeding to or from an institution, or after being discharged while terminally ill from an institution with the approval of the Deputy Commissioner. This amendment ensures that the definition of eligible circumstances for covering funeral expenses is updated and clearly defined. Any breaches of these regulations could potentially lead to civil or administrative penalties, though the specific penalties are not detailed in the text provided. Generally, failure to comply with these regulations could result in the non-payment of entitled reimbursements or other financial benefits. It is important for all parties involved to ensure compliance with these updated financial provisions to avoid any potential legal or administrative consequences.