STATUTORY RULES.
1961. No. 105.
REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1960.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seamen’s War Pensions and Allowances Act 1940-1960.
Dated this second day of August, 1961.
Administrator.
By His Excellency’s Command,
SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS.
PART I.—PRELIMINARY.
Citation.
1. These Regulations may be cited as the Seamen’s War Pensions and Allowances Regulations.
Repeal.
2. The Seamen’s War Pensions and Allowances Regulations (being Statutory Rules 1940, No. 278) are repealed.
Parts.
3. These Regulations are divided into Parts as follows:—
Part I.—Preliminary (Regulations 1-4).
Part II.—Seamen’s Pensions and Allowances Committees (Regulations 5-7).
Part III.—Claims for Pensions (Regulations 8-18).
Part IV.—Benefits.
Division 1.—General (Regulations 19-24).
Division 2.—Medical Treatment, Benefits and Sustenance (Regulations 25-34).
Division 3.—Education and Training of Children (Regulations 35-36).
Division 4.—Domestic Allowance for Widows (Regulation 37).
Division 5.—Funeral Expenses (Regulation 38).
Part V.—Review of Pensions and Benefits (Regulations 39-40).
Part VI.—Miscellaneous (Regulations 41-46).
Definitions.
4. In these Regulations unless the contrary intention appears—
“approved form” means a form approved by the Commission;
“benefit” means a benefit, allowance or grant under the Act or these Regulations other than a pension;
* Notified in the Commonwealth Gazette on 10th August, 1961.
864/61.—PRICE 8D. 10/18.7.1961.
“claim” means a claim in the approved form for a pension or benefit under the Act or these regulations;
“claimant” means a person claiming a pension or benefit under the Act or these Regulations;
“grantee” means a person to whom a benefit has been granted or is payable;
“medical officer” means a duly qualified medical officer or practitioner nominated by the Commission or Deputy Commissioner or who is employed in the Repatriation Department;
“pension” includes an allowance under section 21 of the Act, a gratuity under sub-section (2.) of, and a lump sum under sub-section (3.) of section 23 of the Act;
“pensioner” means a person receiving a pension;
“Registrar” means a Registrar of Seamen’s Pensions appointed under the Act;
“the Act” means the Seamen’s War Pensions and Allowances Act 1940-1960;
“trustee” means a trustee of a pension or allowance appointed under the Act.
PART II.—SEAMEN’S PENSIONS AND ALLOWANCES COMMITTEES.
Term of membership of Committee.
5. A member of a Pensions Committee established under the Act shall hold office for a term of three years.
Meetings of Committee.
6. Meetings of a Pensions Committee shall be convened by the Chairman by notice in writing to each member specifying the date, time and place of the meeting.
Fees, travelling allowances and fares.
7.—(1.) A member of a Pensions Committee, other than a member who is an officer or employee of the Public Service of the Commonwealth, is entitled to receive a fee of Seven pounds seven shillings for each day or part of a day on which he attends a meeting of the Committee.
(2.) A member of a Pensions Committee, other than an officer or employee of the Public Service of the Commonwealth, who, in order to attend a meeting of the Committee, is necessarily absent overnight from his place of residence is entitled to receive travelling allowance at the rate of Four pounds ten shillings per day, during the time he is necessarily absent from his place of residence.
(3.) Where a member attends a meeting of the Committee held in a city or town other than that in which he resides—
(a) he is entitled, for the purpose of attending the meeting, to travel first class by rail or air, at the cost of the Commonwealth, from the city or town where he resides to the city or town where the meeting is held and, on the completion of the meeting, from the city or town where the meeting was held to the city or town where he resides; or
(b) if he does not travel by rail or air, he is entitled to receive the amount of first-class rail or air fare, whichever is the less.
PART III.—CLAIMS FOR PENSIONS.
Declarations by claimants.
8.—(1.) Where the approved form of claim, or a document relating to a claim for, or a review of, pension includes a declaration as to the correctness of the information set out in the claim or document, the declaration may be made before—
(a) a person before whom a statutory declaration may be made by virtue of the Statutory Declarations Act 1959;
(b) a Registrar;
(c) a Registrar under the Repatriation Regulations; or
(d) an officer of the Repatriation Department.
(2.) Where a claim or document referred to in the last preceding sub-regulation is made on behalf, of a person under the age of sixteen years, the declaration may be made by another person over the age of sixteen years who has a knowledge of the information set out in the claim or document.
Action on receipt of claim.
9.—(1.) Upon receipt of a claim by a Registrar, he shall note the date of its receipt by him and forthwith forward the claim to a Deputy Commissioner for Repatriation.
(2.) Upon receipt of a claim by a Deputy Commissioner for Repatriation, he shall note on the claim the date of its receipt by him and indicate whether he received the claim from the claimant or from a Registrar.
Investigation of claims.
10. A Deputy Commissioner for Repatriation, upon receipt of a claim, shall arrange for the claim to be investigated and, upon completion of the investigation, shall submit the claim to a Pensions Committee or the Commission for determination.
Payment of pension.
11. Pensions payable under the Act shall be paid in the same manner as is provided from time to time for payment of pensions payable under the Repatriation Act 1920-1960.
Pension fortnights.
12. The fortnights in respect of which instalments of pension are payable shall commence on such day as the Commission from time to time directs.
Due date of instalments.
13.—(1.) The due date of each instalment shall, unless that date is a public holiday, be the first day of the fortnight for which the instalment is payable.
(2.) Where the due date is a public holiday, payment may be made on such other day as the Commission directs.
Receipt by pensioner or trustee.
14.—(1.) Where the pensioner or trustee applies personally for a payment by instalment of pension he shall give a receipt for each instalment in accordance with the approved form.
(2.) A postmaster or other officer may refuse to pay any instalment of pension if he is not satisfied that the person presenting the receipt is the pensioner or trustee, as the case may be.
Payment to other person.
15. Payment may be made to a person other than the pensioner or trustee if that person is the holder of an order, in the approved form, from the pensioner or trustee and makes a declaration that he is not receiving the whole or portion of the instalment on his own behalf or on behalf of another person or firm, business or partnership in repayment of an advance
or loan to the pensioner, or by way of, or in consequence of, a sale, assignment, charge, execution or insolvency, or in payment of a debt, whether due or about to become due, from the pensioner.
Payment of instalment to female dependant or trustee.
16. Subject to the next succeeding regulation, a postmaster or other officer shall not pay—
(a) an instalment of a pension granted to a single or widowed female dependant of an Australian mariner unless, at the time of making the payment, there is presented to the postmaster or other officer a declaration, in the approved form, by the female dependant, or Where a trustee has been appointed to receive payments on her behalf, by that trustee, that, on the due date of the instalment, the female dependant had not married or re-married; or
(b) an instalment of pension payable to a trustee unless there is presented to the postmaster or other officer, at the time of making the payment, a declaration by the trustee, in the approved form, that the person on whose behalf the pension is payable is alive.
Special provisions as to declarations.
17. Where the Commission is of opinion that it would be impracticable or seriously inconvenient to obtain the declarations required by the last preceding regulation on each and every occasion when an instalment is being paid, it may approve of those declarations being obtained at such intervals, not exceeding twelve months, as it determines.
Payment of undrawn instalment of pension of deceased pensioner.
18.—(1.) An undrawn instalment of a pension due at the date of death of a pensioner, if applied for within six months after the death, may be paid to the legal personal representative of the deceased or to such other person as the Deputy Commissioner for Repatriation determines.
(2.) The Deputy Commissioner for Repatriation shall not authorize payment to a person who is not a legal representative of the deceased until the Deputy Commissioner for Repatriation has satisfied himself that application is not likely to be made for probate of the will of, or letters of administration of the estate of, the deceased.
PART IV.—BENEFITS.
Division I.—General.
Applications, how made.
19. Applications for a benefit shall be made in writing to a Deputy Commissioner for Repatriation in accordance with the approved form, and shall set out the nature and extent of the benefit which the Australian mariner or his dependant applies for, and the purposes for which the benefit is required.
Applications, how dealt with.
20. Subject to these Regulations, applications shall be dealt with in the manner laid down by the Commission from time to time.
Treatment of applications.
21. A benefit shall not be granted or payable in respect of any period before the date of lodgment of the application for the benefit except where the Commission is satisfied that, owing to special circumstances, a benefit should be granted or payable in respect of a period before that date.
Appeals.
22.—(1.) Where a Deputy Commissioner for Repatriation declines to grant the benefit applied for by an applicant the applicant may appeal to the Commission against the decision and shall state in writing the grounds of the appeal.
(2.) The decision of the Commission shall be final.
Purpose of benefit and ability of applicant.
23.—(1.) A Deputy Commissioner for Repatriation shall not grant an application for benefit unless he is satisfied that the purpose for which the benefit is required is likely to be achieved, having regard to the character, fitness and previous experience of the applicant.
(2.) In determining an application, the Deputy Commissioner for Repatriation shall take into consideration the benefits (if any) already received by the applicant.
Authority to pay or allot to agent.
24. A benefit granted under these Regulations to any person may, if a Deputy Commissioner for Repatriation considers it desirable, be paid or handed on that person’s behalf to such other person as the Deputy Commissioner for Repatriation thinks fit.
Division 2.—Medical Treatment, Benefits and Sustenance.
Meaning of medical treatment.
25. For the purposes of this Division, “medical treatment” means, subject to such qualifications as the Commission, with respect to any particular case or class of cases, from time to time determines, medical, surgical, hospital and all other forms of treatment with a view to restoring a person to physical or mental health or alleviating suffering, and includes, subject to the same qualifications, the supply, renewal and repair of artificial replacements, surgical aids and appliances.
Treatment for war disabilities.
26. A Deputy Commissioner for Repatriation may, subject to such conditions as the Commission from time to time determines, provide medical treatment for an Australian mariner in respect of an incapacity due to a war injury.
Non-liability in cases of unauthorized treatment.
27. The Commission shall not be liable for any expenditure incurred without its authority in respect of medical treatment of an Australian mariner.
Non-liability where treatment not granted.
28. A Deputy Commissioner for Repatriation may refuse to grant medical treatment or further medical treatment under this Division, and the Commission shall not be liable for any expenditure subsequently incurred without its authority in any case where a medical officer is of opinion that an Australian mariner has caused a recurrence of, or has aggravated his disability, or has retarded his recovery by misconduct, neglect or any wilful act, or is recalcitrant to the prejudice of his fellow patients.
Surgical aids, &c.
29.—(1.) Where a Deputy Commissioner for Repatriation or a medical officer considers that renewals of, or repairs to, artificial replacements, surgical aids and appliances have been rendered necessary by the carelessness or wilful act of the Australian mariner, the Deputy Commissioner for Repatriation may refuse to arrange for the necessary renewals or repairs, or may direct that the cost of effecting those renewals or repairs, or such portion of the cost as he considers reasonable shall be borne by the Australian mariner.
(2.) Except as otherwise determined by the Commission any artificial replacement, surgical aid or appliance supplied to an Australian mariner under this Division shall remain the property of the Commission, and the Commission may at any time, if not satisfied that the aid, appliance or replacement is being put to proper use, require its return.
Sustenance allowance while undergoing medical treatment, &c.
30.—(1.) Where an Australian mariner, other than a totally incapacitated mariner, is prevented from following his usual occupation through—
(a) the necessities of treatment for an incapacity due to war injury; or
(b) awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by an incapacity due to war injury,
a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the mariner, for the period for which he is so prevented, sustenance allowance at a rate not exceeding—
(c) the rate of pension, or, if the mariner is in receipt of a pension, the increase in the rate of pension to the rate of pension, which would be payable to the mariner under the First Schedule to the Act upon his total incapacity; or
(d) if the mariner has a wife and children or a wife or children, the total of the rates of pension, or, if the mariner is in receipt of a pension, the total of the increase in the rates of pension to the rates of pension, which would be payable to the mariner under the First Schedule to the Act, and in respect of his wife and children or wife or children, as the case may be, under section 18 of the Act, upon his total incapacity.
(2.) For the purposes of the last preceding sub-regulation, the pension which would be payable to the mariner upon his total incapacity shall be deemed to be the pension specified in the first item in the First Schedule to the Act.
(3.) Where a mariner is, with the authority of the Deputy Commissioner, receiving in-patient treatment at a hospital or similar institution for an incapacity due to war injury and the total amount of—
(a) pension payable to the mariner and, if the mariner has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be;
(b) sustenance allowance granted to the mariner under sub-regulation (1.) of this regulation; and
(c) the mariner’s salary, wages and earnings,
during the period for which he is receiving that treatment is less than the total amount of pension payable for a like period to a mariner in receipt of the special rate of pension under section 22A of the Act, and if the mariner has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be, a Deputy Commissioner may, subject to the directions of the Commission, grant to the mariner a sustenance allowance or an additional sustenance allowance of a sum not exceeding the difference.
(4.) Where sustenance allowance is granted under sub-regulation (1.) of this regulation to a mariner who has a wife and children or a wife or children, the Commission may, in its discretion, direct that such part of the allowance as the Commission determines be paid to such persons as the Commission specifies.
Sustenance during investigation.
31.—(1.) A Deputy Commissioner for Repatriation may, subject to such conditions as the Commission from time to time determines, arrange for an investigation to be carried out in connexion with—
(a) a claim by an Australian mariner that he is suffering from a war injury; or
(b) a pension in respect of an Australian mariner.
(2.) Where, by reason of such an investigation or any medical treatment found necessary or expedient in connexion therewith, the Australian mariner is prevented from following his usual occupation and is not engaged in any other remunerative occupation, a Deputy Commissioner for Repatriation may, subject to the next succeeding sub-regulation and to the directions of the Commission, grant to the Australian mariner sustenance allowance in accordance with the scale specified in sub-regulation (1.) of the last preceding regulation.
(3.) Sustenance allowance under the last preceding sub-regulation shall cease to be payable upon the day immediately following the date of determination by a Pensions Committee or the Commission of the matter that necessitated the investigation.
Expenses of travelling for medical treatment or pension purposes.
32.—(1.) Where it is necessary for an Australian mariner to travel—
(a) to obtain medical treatment;
(b) for restoration of his health;
(c) to be fitted for surgical aids or appliances or artificial replacements;
(d) to proceed to hospital; or
(e) for pension purposes,
a Deputy Commissioner for Repatriation may, subject to such conditions as the Commission from time to time determines, grant the Australian mariner’s fare for the forward and return journeys.
(2.) A Deputy Commissioner for Repatriation may, on the advice of a medical officer, authorize an attendant to accompany an Australian mariner who is travelling for a purpose specified in the last preceding sub-regulation and may pay—
(a) the attendant’s fares for the forward and return journeys; and
(b) such allowance (not exceeding the actual amount of the salary or wages lost), in respect of any loss of salary or wages suffered by the attendant by reason of his accompanying the Australian mariner, as the Commission considers reasonable.
(3.) Subject to the next succeeding sub-regulation, a Deputy Commissioner for Repatriation may pay such amount as he considers reasonable in respect of the expenses of subsistence necessarily incurred, as a result of travelling for a purpose specified in sub-regulation (1.) of this regulation, by the Australian mariner or by the Australian mariner and his attendant, as the case requires.
(4.) The amount payable under the last preceding-sub-regulation shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed the amount specified from time to time in sub-regulation (4.) of regulation 74 of the Repatriation Regulations.
Attendance allowance.
33.—(1.) This regulation applies to an Australian mariner who is required by a Deputy Commissioner for Repatriation to attend in connexion with a war injury sustained by the Australian mariner or a disability in respect of which he claims pension, or applies for medical treatment, on the ground that the disability is directly attributable to a war injury sustained by him, at—
(a) an out-patient clinic or a hospital of the Department of Repatriation;
(b) the rooms of a medical officer or of a duly qualified dentist, oculist, optician, physiotherapist or other person designated by a Deputy Commissioner for Repatriation;
(c) an artificial limb factory of the Department of Repatriation; or
(d) the Central Office or a Branch Office of the Department of Repatriation,
for the purpose of medical treatment, medical or other examination or tests, investigation for diagnosis, the supply, renewal, repair or fitting of artificial replacements, surgical aids or appliances, review of pension or any other purpose in connexion with medical treatment or pension.
(2.) Where attendance at a place referred to in the last preceding sub-regulation by an Australian mariner to whom this regulation applies is for a period of less than one day and—
(a) that period, or part of that period, is during the hours in which he would, but for the attendance, be employed and receive salary or wages;
(b) he loses salary or wages as a result of the attendance; and
(c) his employer certifies in an approved form the amount of the loss of salary or wages,
a Deputy Commissioner for Repatriation may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to him an allowance at the rate of Five shillings per hour included in the period in respect of which he lost salary or wages.
(3.) Subject to the next succeeding sub-regulation, the amount of the allowance payable under this regulation in respect of a day or part of a day shall be not less than Seven shillings and sixpence and not more than Two pounds.
(4.) The aggregate of payments of allowance under this regulation in respect of more than one attendance in any one week commencing on a Thursday shall not exceed Four pounds.
(5.) The total payment by way of pension (excluding attendant’s allowance), sustenance under regulation 30 or 31 of these Regulations and the allowance under this regulation for any period shall not exceed the amount payable for a like period to an Australian mariner in receipt of the special rate of pension under section 22A of the Act.
(6.) The employer of an Australian mariner to whom this regulation applies shall, if so required by a Deputy Commissioner for Repatriation, by notice in writing, furnish to an officer specified in the notice, within the time specified in the notice, written particulars of—
(a) the hours during which the Australian mariner would, but for his attendance at a place referred to in sub-regulation (1.) of this regulation, have been employed on the day of that attendance;
(b) the rate of the Australian mariner’s salary or wages in respect of that day; and
(c) the amount of the loss (if any) of salary or wages by the Australian mariner by reason of his absence from his employment on that day.
Medical treatment for widows, &c.
34.—(1.) A Deputy Commissioner for Repatriation may provide medical treatment for—
(a) widows, separated widows, children and de facto wives of an Australian mariner who had died as a result of a war injury; and
(b) widowed mothers and widowed step-mothers of unmarried Australian mariners who have died as a result of war injury.
(2.) In this regulation—
(a) “child” includes a person who is in receipt of a pension under sub-section (2.) of section 27 of the Act, and
(b) “widowed mother” and “widowed step-mother” mean respectively a mother or step-mother who became widowed prior to or within three years of the death of the Australian mariner, and includes an unmarried mother of an Australian mariner who was brought up by her.
Division 3—Education Benefits for Children.
Education scheme.
35. The Commission shall establish a scheme for providing facilities for the education and training of children of Australian mariners, who are in receipt of a pension under section 22A of the Act or who have died as a result of war injury.
Education benefits.
36. The Commission may make such arrangements and pay such amounts as it deems necessary for the care and education of a child of an Australian mariner who is in receipt of a pension under section 22A of the Act or has died as the result of a war injury in order to assist that child with its education.
Division 4—Domestic Allowance for Widows.
Allowance to certain widows.
37. Subject to such conditions as the Commission determines, an allowance at the rate of Six pounds per fortnight may be paid to the widow, separated widow or de facto wife of an Australian mariner who had died as a result of war injuries—
(a) who has attained the age of 50 years; or
(b) who in the opinion of the Commission is unemployable; or
(c) who has a child (and has the care and custody of that child, or has made arrangements for the care and custody of the child, which in the opinion of the Commission warrants payment of the allowance) and the child,
(i) is undergoing a course of education or training approved for the purpose of this regulation by the Commission and is not in receipt of, or entitled to be paid, a wage that in the opinion of the Commission is an adequate living wage; or
(ii) is under the age of sixteen years.
Division 5.—Funeral Expenses.
Funeral expenses.
38. A Deputy Commissioner for Repatriation may grant a sum, not exceeding Twenty-five pounds, towards the funeral expenses of an Australian mariner who has died as a result of war injury.
PART V.—REVIEW OF PENSIONS AND BENEFITS.
Investigation of grant of pension.
39. Whenever the Commission considers it is expedient to review a grant of pension, a Deputy Commissioner for Repatriation shall arrange for the grant of pension to be investigated.
Review of benefits.
40.—(1.) Where it appears to a Deputy Commissioner for Repatriation that sufficient reason exists for reviewing a grant of a benefit to a person, the Deputy Commissioner for Repatriation may review that grant and may increase, reduce or cancel it.
(2.) Action under the last preceding sub-regulation may be taken notwithstanding that the person to whom the benefit has been granted refuses or fails to attend at the time and place fixed by the Deputy Commissioner for Repatriation for the review.
PART VI.—MISCELLANEOUS.
Power of Commission to enter into contracts.
41. The Commission may enter into contracts for any purpose connected with, or incidental to, the administration of the Act or of these Regulations including contracts for the purchase or sale of any commodities.
Death of pensioner or grantee.
42.—(1.) Where the death of a person is reported to an officer of the Commonwealth or a State or a Territory of the Commonwealth who is charged with the duty of registering deaths, the officer may inquire whether the deceased was a pensioner or grantee, and the person reporting the death shall, to the best of his knowledge, state whether the deceased was such a pensioner or grantee or not.
Penalty: Twenty-five pounds.
(2.) If the deceased was a pensioner or grantee the officer may notify a Deputy Commissioner for Repatriation of this fact and of the death.
Exercise by Commission of powers of Deputy Commissioner for Repatriation.
43.—(1.) Any power or authority vested by these Regulations in a Deputy Commissioner for Repatriation may be exercised by the Commission.
(2.) Where the exercise of any power or authority by a Deputy Commissioner for Repatriation under, or the operation of any provision of, these Regulations is dependent upon the opinion or belief of the Deputy Commissioner for Repatriation in relation to any matter, that power or authority may be exercised by the Commission or that provision may operate, as the case may be, upon the opinion or belief of the Commission in relation to that matter.
Signature to forms.
44.—(1.) Every form which, under these Regulations, is required to be signed by a person shall be signed by that person with his personal signature.
(2.) Where a person who is unable to sign his name in writing makes a mark as his signature to a form, the mark shall be deemed to be his personal signature, if it is identifiable as his mark and is made in the presence of a witness who signs the form as such witness.
(3.) A person shall not make the signature of another person on any form.
Penalty: Twenty-five pounds.
Compliance with forms.
45. Strict compliance with approved forms shall not be necessary and substantial compliance shall be sufficient.
Signatures in blank.
46. A person shall not sign his name on any form under these Regulations as a signature to such form, unless the form has been so filled in as to prevent further addition being made to the form.
Penalty: Twenty-five pounds.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.