Repatriation Regulations (Amendment)

Overview

The Statutory Rules 1972 No. 186, enacted on 2 November 1972 and notified in the Commonwealth Gazette on 9 November 1972, amends the Repatriation Regulations under the Repatriation Act 1920-1972. This legislative instrument addresses various issues related to the provision of benefits and allowances to service members and their dependents. Specifically, it modifies the eligibility criteria for certain diseases, expands the definition of a child for the purposes of sustenance allowances, adjusts the allowance for certain widows, and corrects a term in the context of funeral benefits for service pensioners. The amendments aim to ensure that the benefits provided under the Repatriation Act are correctly aligned with the changing circumstances of service members and their families.

Scope and Application

The Statutory Rules 1972 No. 186, made under the Repatriation Act 1920-1972, provides amendments to the Repatriation Regulations, impacting the treatment for diseases, sustenance allowances, allowances to certain widows, and funeral benefits for service pensioners. The amendments clarify the scope of who qualifies for certain benefits, including expanding the definition of who is considered a child for the purposes of sustenance allowances while undergoing medical treatment, adjusting the rate of allowance for certain widows, and modifying the terminology used in funeral benefits to ensure clarity and accuracy. Notably, the changes do not extend to individuals who are already receiving specific rates of war pension or amounts under certain sections of the Act. These regulations apply on a national level within Australia, affecting individuals and families associated with war service, and are effective from the date of commencement of the Repatriation Act (No. 2) 1972.

Key Provisions

The statutory rules primarily amend the Repatriation Regulations, affecting provisions around treatment for diseases, sustenance allowances during medical treatment, allowances for certain widows, and funeral benefits for service pensioners. Section 1 amends Regulation 66 by altering the eligibility criteria for disease treatment, expanding the class of individuals who can be treated under certain conditions. This includes those receiving specific war pensions or those who would have been entitled to such pensions but for certain statutory exclusions. Section 2 modifies Regulation 71, clarifying the definition of 'child' in the context of sustenance allowances for members undergoing medical treatment. It specifies that the definition encompasses children who are either under sixteen or between sixteen and twenty-one years old and receiving full-time education, provided they are not in receipt of a pension under the Social Services Act. Section 3 updates the amount of an allowance payable to certain widows, increasing it from sixteen to seventeen dollars per instalment. Section 4 amends Regulation 179a, changing the terminology from 'allowance' to 'pension' in the context of funeral benefits for service pensioners. The obligations imposed by these amendments include ensuring that the eligibility criteria for disease treatment are accurately applied, with particular attention to the expanded list of qualifying individuals. The changes to the definition of 'child' under sustenance allowances require that the specific conditions regarding age, education, and pension receipt be strictly adhered to. The amendment to the widow's allowance necessitates updating the payment amounts to the new rate of seventeen dollars. Lastly, the change in terminology from 'allowance' to 'pension' for funeral benefits must be correctly reflected in all relevant documentation and communications. Failure to comply with these amended provisions can result in legal consequences. While the statutory rules do not explicitly detail penalties for non-compliance, breaches of regulations under the Repatriation Act could potentially lead to administrative penalties, legal action, or other corrective measures as deemed necessary by the relevant authorities. The specific penalties would depend on the nature and severity of the breach, as outlined in the broader legislative framework of the Repatriation Act.