Repatriation (Far East Strategic Reserve) Regulations (Amendment)

Overview

The Repatriation (Far East Strategic Reserve) Regulations 1979 were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority of the Repatriation (Far East Strategic Reserve) Act 1956. These Regulations were introduced to address specific issues regarding the provision of medical treatment for certain groups of veterans, particularly those who had served in the Far East Strategic Reserve and were receiving or became entitled to pensions for pulmonary tuberculosis. The policy objective behind these amendments was to ensure that these veterans receive appropriate medical treatment, aligning their entitlements with changes in pension eligibility as per the Repatriation Acts Amendment Act 1978. The Regulations came into effect on 22 August 1979 and apply to the provision of medical treatment by a Deputy Commissioner on or after that date.

Scope and Application

The Repatriation (Far East Strategic Reserve) Regulations 1979, as amended, apply to the provision of medical treatment by a Deputy Commissioner on or after 22 August 1979. The Regulations fall under the authority of the Repatriation (Far East Strategic Reserve) Act 1956 and are made by the Governor-General on the advice of the Federal Executive Council. The purpose of these Regulations is to specify the conditions and criteria for the provision of medical treatment in relation to the Far East Strategic Reserve. The Regulations define key terms such as "Deputy Commissioner" and "medical treatment," ensuring clarity and consistency in their application. Notably, the amendments made by these Regulations include provisions for individuals who were receiving or have become entitled to a rate of pension in respect of pulmonary tuberculosis under the Repatriation Act as of 2 November 1978. The Regulations extend their application to all relevant medical treatment provided by the Deputy Commissioner from the date of their promulgation.

Key Provisions

The main operative sections of this legislation, the Repatriation (Far East Strategic Reserve) Regulations 1979, pertain to amendments of existing regulations concerning the provision of medical treatment for certain categories of veterans. Specifically, regulation 32 of the Repatriation (Far East Strategic Reserve) Regulations is amended (regulation 1) to include additional categories of veterans eligible for medical treatment (sub-regulation (1)(ab) and (ac)). The amendments apply to the provision of medical treatment by a Deputy Commissioner on or after 22 August 1979 (regulation 2(1)). The definition of terms such as "Deputy Commissioner" and "medical treatment" remains consistent with their definitions in the existing regulations (regulation 2(2)). The Act imposes several obligations on the parties it governs. Primarily, it obligates the Deputy Commissioner to provide medical treatment to eligible veterans as per the amended regulations. This includes ensuring that veterans who were receiving a rate of pension for pulmonary tuberculosis before 2 November 1978, or who have become entitled to such a pension by virtue of a claim referred to in section 38 of the Repatriation Acts Amendment Act 1978, are provided with the necessary medical treatment. The Deputy Commissioner must adhere to the provisions of the amended regulations, which are effective from 22 August 1979. The legislation does not explicitly state offences, penalties, or consequences for breach. However, non-compliance with the provisions of the Act could potentially lead to legal repercussions, given that the Act is a statutory regulation under the Repatriation (Far East Strategic Reserve) Act 1956. The broader Act may outline penalties for non-compliance, but these are not detailed within the specific amendments made by these regulations. In general, breaches of statutory regulations in Australia can lead to administrative, civil, or criminal penalties, depending on the severity and intent of the breach.