Repatriation (Special Overseas Service) Regulations (Amendment)

Overview

Statutory Rules 1979 No. 175, known as the Repatriation (Special Overseas Service) Regulations, were enacted in 1979 under the authority of the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations were formulated to amend the existing Repatriation (Special Overseas Service) Regulations, addressing specific gaps in the treatment and pension eligibility for veterans with pulmonary tuberculosis. The primary objective of these regulations was to ensure that veterans who were receiving or became entitled to a pension for pulmonary tuberculosis under the Repatriation Act, as amended by the Repatriation Acts Amendment Act 1978, received appropriate medical treatment. The regulations apply to medical treatment provided by a Deputy Commissioner on or after 22 August 1979, thereby formalising the process and criteria for the provision of such treatment to affected veterans.

Scope and Application

The Repatriation (Special Overseas Service) Regulations 1979, made under the Repatriation (Special Overseas Service) Act 1962, apply to the provision of medical treatment by a Deputy Commissioner on or after 22 August 1979. This legislation is concerned with the treatment of veterans who require medical care due to conditions that may be linked to their service overseas. The regulations pertain to specific groups of individuals who were receiving or who have become entitled to a rate of pension for pulmonary tuberculosis under the Repatriation Act as a result of claims under the Repatriation Acts Amendment Act 1978. The scope of the regulations extends to the provision of medical treatment for these specific conditions, ensuring that the necessary care is provided to affected veterans. The regulations are effective nationwide, reflecting the Commonwealth's role in managing and providing for the health needs of service personnel. There are no specific exclusions or exemptions outlined in these regulations, though the application is limited to the particular conditions and the timeframe specified. The application of these regulations can be further refined or extended through subordinate instruments, ensuring that the legislative intent can adapt to changing circumstances and needs.

Key Provisions

The main operative sections of these Regulations include amendments to Regulation 32, specifically inserting new paragraphs (ab) and (ac) to address treatment for incapacity not due to special service. These amendments ensure that individuals who were receiving a rate of pension for pulmonary tuberculosis under the Repatriation Act before 2 November 1978, or who become entitled to such a pension by virtue of a claim under the Repatriation Acts Amendment Act 1978, are included in the provision of medical treatment. The Regulations also stipulate that they apply to medical treatment provided by a Deputy Commissioner on or after 22 August 1979. The Regulations impose specific obligations on the parties involved, particularly on the Deputy Commissioner, to ensure that the medical treatment provisions are applied correctly and inclusively to those who meet the criteria set out in the amended Regulation 32. The Deputy Commissioner must adhere to the definitions of "Deputy Commissioner" and "medical treatment" as specified in the Repatriation (Special Overseas Service) Regulations. Failure to comply with these Regulations could result in legal consequences. Although the specific penalties for non-compliance are not detailed in the provided text, breaches of regulations under the Repatriation (Special Overseas Service) Act 1962 could potentially lead to civil or criminal penalties. Typically, such breaches may incur fines or other legal repercussions as determined by the relevant authorities. It is important for the Deputy Commissioner and other involved parties to ensure strict adherence to these provisions to avoid any legal issues.