EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 279
Minute No. 24 of 1985 - Minister for Veterans’ Affairs
Subject - Repatriation Act 1920
Repatriation Regulations (Amendment)
Under section 124 of the Repatriation Act 1920 (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 giving effect to the Act.
These regulations give effect to the Government’s 1985/86 Budget decision to increase the rates of Recreation Transport Allowance and Clothing Allowance in line with the 6.7% increase in the Consumer Price Index for the period 1 July 1984 to 30 June 1985.
Details of the regulations are as follows.
Regulation 1 - Interpretation
Regulation 1 provides that the Repatriation Regulations are referred to as the Principal Regulations in these Regulations.
Regulation 2 - Severely incapacitated members
Regulation 104A of the Principal Regulations provides for the payment of an allowance to a member of the Forces who is severely incapacitated by his service related disabilities. The allowance, known as Recreation Transport Allowance, is to offset the cost of travel for recreational purposes and is payable at two rates. The higher rate is payable to a member who has had both legs amputated above the knee and to a Special (T&PI) Rate pensioner whose powers of locomotion are negligible. The lower rate is payable to a member who has had two limbs amputated, or who is blinded, or who has a like disability.
This regulation has increased the rate of the allowance by $4.20 per month, from $61.40 to $65.60 for the higher rate and by $2.10 per month from $30.70 to $32.80 for the lower rate.
Regulation 3 - Clothing Allowance
Regulation 180A of the Principal Regulations provides for the payment, as an addition to a disability pension, of a Clothing Allowance towards the cost of repair or replacement of clothing for members, necessitated by loss of limbs, or the use of a surgical appliance or because of any accepted disability or the treatment of an accepted disability which results in exceptional wear and tear or damage to clothing.
This regulation has increased the rates specified in regulation 180A as follows:
| PER FORTNIGHT |
| Old Rate | New Rate |
| | |
One leg and one arm amputated | $ 4.60 | $ 4.90 |
One leg or one arm amputated | $ 2.20 | $ 2.30 |
Both legs or both arms amputated | $ 3.00 | $ 3.20 |
One leg amputated (causing essential hip disarticulation) | $ 3.00 | $ 3.20 |
| | |
| | |
Sub-regulation 180A(2) | | |
| | |
| | |
Allowance for use of crutch or crutches in addition to any other artificial aid | $ 4.60 | $4.90 |
Sub-Regulation 180A(4) | PER ANNUM |
| | |
Maximum allowance in respect of exceptional wear and tear or damage to clothing for any one year | $57.20 | $59.80 |
Regulation 4 - Application
Sub-regulation 4(1) provides that the increases in the rate of Recreation Transport Allowance apply to instalments on and after 1 November 1985.
Sub-regulation 4(2) provides that the increases in fortnightly instalments of Clothing Allowance apply in respect of allowances payable on or after 7 November 1985.
Sub-regulation 4(3) provides that the increase in the maximum amount payable per year for essential wear and tear or damage to clothing applies to amounts payable on or after 7 November 1985.
AUTHORITY : | Section 124 of the Repatriation Act 1920 |
| |
| Cabinet Decision No. 5942 of 13 May 1985 |
Overview
The Repatriation Act 1920 was enacted to provide support and benefits to Australian servicemen and women who have been incapacitated by their service. The Act established a framework for the provision of medical care, pensions, and allowances to those who have suffered due to their military service. The Repatriation Regulations (Amendment) under the Act, introduced in 1985, aimed to address the need for regular updates to the allowances provided to veterans in line with inflation, as evidenced by the increase in the Consumer Price Index. These regulations, enacted by the Parliament of Australia, specifically target the Recreation Transport Allowance and Clothing Allowance, ensuring that the financial support provided to severely incapacitated veterans remains commensurate with their needs and the cost of living. The policy objective of these amendments was to ensure that the allowances keep pace with inflation, thereby maintaining the purchasing power of these benefits for the affected veterans.
Scope and Application
The Repatriation Regulations (Amendment) Statutory Rules 1985 No. 279, enacted under section 124 of the Repatriation Act 1920, pertains to amendments in the rates of Recreation Transport Allowance and Clothing Allowance for members of the Australian Defence Force who are severely incapacitated by their service-related disabilities. These regulations apply to members who have lost limbs or who have disabilities that necessitate additional support for recreational activities and clothing needs. The amendments adjust the allowances to reflect a 6.7% increase in the Consumer Price Index for the period 1 July 1984 to 30 June 1985, as decided in the Government's 1985/86 Budget. The higher rate of Recreation Transport Allowance, applicable to members with severe disabilities, increases from $61.40 to $65.60 per month, while the lower rate, for those with less severe disabilities, increases from $30.70 to $32.80 per month. Similarly, the Clothing Allowance rates, designed to offset the cost of clothing repair or replacement due to disabilities, have also been adjusted upwards. These changes are effective from specified dates in November 1985, as outlined in the regulations.
Key Provisions
The Repatriation Regulations (Amendment) primarily amend the rates of two allowances provided under the Repatriation Act 1920: the Recreation Transport Allowance (Section 104A) and the Clothing Allowance (Section 180A). Specifically, Regulation 2 increases the Recreation Transport Allowance by $4.20 per month for the higher rate, and by $2.10 per month for the lower rate. Regulation 3 modifies the Clothing Allowance rates by varying amounts depending on the type of disability or loss, and also adjusts the maximum annual allowance for exceptional wear and tear or damage to clothing. These changes align the allowance rates with a 6.7% increase in the Consumer Price Index for the period from 1 July 1984 to 30 June 1985.
The obligations under these regulations require the Repatriation Department to review and adjust the allowances payable to eligible members of the Forces based on the new rates specified in the Regulations. For the Recreation Transport Allowance, the adjustments apply to instalments on and after 1 November 1985. For the Clothing Allowance, the changes to fortnightly instalments and the maximum annual allowance apply to amounts payable on or after 7 November 1985. The Repatriation Department is tasked with ensuring that these increases are accurately reflected in the payments made to beneficiaries, and that all relevant documentation is updated to reflect the new rates.
While these regulations primarily adjust financial allowances, they do not introduce any new offences or penalties. Any breach of the provisions would typically be addressed under the broader administrative and enforcement mechanisms provided by the Repatriation Act 1920. In the event of non-compliance or errors in the application of these regulations, the Repatriation Department would be responsible for rectifying any issues. Although specific penalties are not detailed in these regulations, any failure to comply with the Act or its regulations could potentially lead to administrative actions, including but not limited to, financial penalties, corrective payments, or other administrative measures as deemed necessary by the Department.