EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 269
Minute No. 19 of 1985 - Minister of State for Veterans' Affairs
Subject - Repatriation (Far East Strategic Reserve) Act 1956
Repatriation (Far East Strategic Reserve) Regulations (Amendment)
Under section 13 of the Repatriation (Far East Strategic Reserve) Act 1956 (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 consequential to the provisions of the Repatriation Legislation Amendment Act 1985 (No. 90 assented to 6 June 1985) which gave effect to the decisions of the Government announced in the Treasurer’s Economic Statement on 14 May 1985.
There are two provisions of the Repatriation Legislation Amendment Act 1985 which impacted on the Repatriation (Far East Strategic Reserve) Regulations. First, the criteria to be applied by Repatriation determining authorities in determining whether a member of the Forces is eligible to receive the Special Rate or Intermediate Rate pension for total incapacity were amended. Under the Act as it existed prior to its amendment by the Repatriation Legislation Amendment Act 1985, an applicant for the Special Rate pension must have been blinded as a result of war service, or have been totally and permanently incapacitated from service-related disabilities to such an extent as to have been precluded from earning other than a negligible percentage of a living wage.
The Repatriation Legislation Amendment Act 1985 provided that an applicant for the Special Rate pension must be:
(a) blinded as a result of war service; or
(b) in receipt of, or eligible for, a pension at the maximum (100%) General Rate; totally and permanently incapacitated from service-related disabilities, which of themselves alone render the member incapable of undertaking more than 8 hours remunerative activity per week; and suffering a loss of salary, wages or earnings by reason of being prevented from continuing in remunerative activity by those service-related disabilities.
The second aspect of the Repatriation Legislation Amendment Act 1985 which affected the Repatriation (Far East Strategic Reserve) Regulations was the abolition of future grants of pension to dependants of members of the Forces, or deceased members of the Forces, other than pensions to war widows and orphans of a deceased member. Previously, pensions were also payable to the widowed mother of a member, the parent of a deceased unmarried member or the aged parent of a member, who was without adequate means of support, as well as to the wife and child of an incapacitated member of the Forces.
Details of the Regulations are set out below.
Regulation 1 - Interpretation
Regulation 3 of the Repatriation (Far East Strategic Reserve) Regulations defines terms used in those Regulations.
Sub-regulation 1(a) removed the definition of “deceased unmarried member” from former regulation 3 of the Repatriation (Far East Strategic Reserve) Regulations as that term had no further application in those regulations. Sub-regulation 1(b) amended the definition of “totally and permanently incapacitated” in former regulation 3 of the Repatriation (Far East Strategic Reserve) Regulations to make the definition consistent with the
provisions of Schedule 2 to the Repatriation Act 1920. as amended by the Repatriation Legislation Amendment Act 1985.
The definition of “wife” in former regulation 3 of the Repatriation (Far East Strategic Reserve) Regulations was amended by sub-regulation 1(c) to omit the reference to a person eligible for a pension in respect of the incapacity of a member as pensions may now be granted only in respect of the death of a member.
Regulation 2 - Notification of marriage by female dependant
Former regulation 16 of the Repatriation (Far East Strategic Reserve) Regulations provided that a female dependant to whom a pension was payable was required to notify a Deputy Commissioner if she married, obtained a decree nisi of dissolution or nullity of marriage, or if a decree nisi of dissolution or nullity was obtained against her. Regulation 2 amended former regulation 16 to provide that notification of marriage only is required. The previous references to divorce have no application as pensions may now be granted only in respect of a member’s death.
Regulation 3 - Medical treatment for widows, etc.
Regulation 3 has removed the references to a widowed mother and widowed step-mother of a deceased unmarried member in former sub-regulation 38(1) of the Repatriation (Far East Strategic Reserve) Regulations, as pensions and other benefits, including treatment, are no longer granted to such people.
Sub-regulation 3(2) has provided continuation of the treatment entitlement of widowed mothers and widowed step-mothers of a deceased unmarried member in receipt of pensions who were previously eligible for treatment benefits under former regulation 38 of the Repatriation (Far East Strategic Reserve) Regulations.
Regulation 4 - Funeral expenses of dependants of deceased members
Regulation 50 of the Repatriation (Far East Strategic Reserve) Regulations provides for payment of funeral benefits in respect of the funerals of certain dependants of deceased members of the Forces, including the widowed mother, widowed step-mother or unmarried mother of a deceased unmarried member. Pensions and other benefits, including funeral benefits, are no longer granted to such people, however, provision is required to maintain the eligibility for funeral benefits of a widowed mother, widowed step-mother or unmarried mother of a deceased unmarried member who is currently receiving a pension. Regulation 4 has amended former regulation 50 of the Repatriation (Far East Strategic Reserve) Regulations to provide that if a widowed mother, widowed step-mother or unmarried mother of a deceased unmarried member was receiving a pension payable under the Act at the time of her death, funeral expenses may be paid under regulation 50 of the Repatriation (Far East Strategic Reserve) Regulations.
Regulation 5 - Repeal of regulations 55, 57, 58 and 59
Former regulations 55, 57 and 58 of the Repatriation (Far East Strategic Reserve) Regulations provided for the payment of income-support pensions to the widowed mother, parent or aged parent of a deceased unmarried member whose income was less than the amount prescribed in former regulation 59. As a result of the Government’s decision to limit dependants’ pensions to the widow and children of a member whose death has been accepted as service-related, no further grants of pensions referred to in regulations 55, 57 and 58 will be made and regulation 59 has no application.
Regulation 5 has repealed former regulations 55, 57, 58 and 59 of the Repatriation (Far East Strategic Reserve) Regulations.
Regulation 6 - Repeal of regulation 61
Sub-regulation 6(1) has repealed former regulation 61 of the Repatriation (Far East Strategic Reserve) Regulations which provided for an allowance to a widow who remarried, was again widowed and who was without adequate means of support. No further grants of these allowances will be made.
Sub-regulation 6(2) provides for the continuation of an allowance granted under former regulation 61 of the Repatriation (Far East Strategic Reserve) Regulations and which was in payment immediately before the commencement of this Regulation.
Regulation 7 - Repeal of regulation 79
Former regulation 79 of the Repatriation (Far East Strategic Reserve) Regulations provided that in the application of those regulations to female members, the term “member” meant female member, “wife of a member” meant husband of a female member and “widow of a member” meant widower of a female member. As benefits are no longer to be granted to the husband or widower of a female member, that regulation was repealed by regulation 7.
Regulation 8 - Limitations on assistance and benefits to dependants of female members
Former regulation 80 of the Repatriation (Far East Strategic Reserve) Regulations limited the assistance and benefits which could be granted to the child of a female member of the Forces. The criteria expressed in former sub-regulation 80(2) reflected those expressed in repealed section 10 of the Act.
Regulation 8 replaced those limitations contained in former sub-regulation 80(2) with the limitations expressed in section 10 of the Act as amended by the Repatriation Legislation Amendment Act 1985.
AUTHORITY: | Section 13 of the Repatriation (Far East Strategic Reserve) Act 1956 |