Seamen's War Pensions and Allowances Regulations (Amendment)

Legislation au C1978L00188 Regulations Not in force Legislative Instrument

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Statutory Rules

1978 No. 188

REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940*

I, THE GOVERNOR-GENERAL 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.

Dated this twenty-eighth day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

EVAN ADERMANN

Minister of State for Veterans’ Affairs

 

AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS†

Heading to Division 2 of Part IV

1. The heading to Division 2 of Part IV of the Seamen’s War Pensions and Allowances Regulations is omitted and the following heading substituted:

“ Division 2—Medical Treatment and Benefits ”.

Regulations 30 and 31 repealed

2. Regulations 30 and 31 of the Seamen’s War Pensions and Allowances Regulations are repealed.

Attendance allowance

3. Regulation 33 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by omitting “ a member ” from sub-regulation (2) and substituting “ an Australian mariner ”; and

(b) by adding at the end thereof the following sub-regulation:

“ (3) Where an Australian mariner is entitled to be paid loss of earnings allowance in respect of a period under regulation 71 of the Repatriation Regulations as made applicable to and in relation to Australian mariners by regulation 38b of these Regulations, the Australian mariner shall not be entitled to be paid an allowance under sub-regulation (2) in respect of his attendance during that period at a place referred to in sub-regulation (1).”.

 

 

* Notified in the Commonwealth of Australia Gazette on 5 October 1978.

† Statutory Rules 1961 No. 105 as amended by Statutory Rules 1961 No. 145; 1963 No. 120; 1964 No. 107; 1965 No. 89; 1966 No. 110; 1967 No. 44; 1968 Nos. 106 and 120; 1969 Nos. 109 and 179; 1970 Nos. 84 and 155; 1972 Nos. 119 and 194; 1973 Nos. 27, 35, 84 and 290; 1975 No. 97; and 1977 No. 170.


4. Part IV of the Seamen’s War Pensions and Allowances Regulations is amended by adding at the end thereof the following Division:

“ Division 7—Application of Repatriation Regulations

Application of certain provisions of the Repatriation Regulations

“ 38b. (1) Subject to sub-regulation (2), the provisions of regulations 71, 71a and 72 of the Repatriation Regulations apply to and in relation to Australian mariners.

“ (2) In the application, in accordance with sub-regulation (1), of regulations 71, 71a and 72 of the Repatriation Regulations—

(a) a reference to a member shall be read as a reference to an Australian mariner;

(b) subject to paragraph (h), a reference to ‘ pension ’ shall be read as a reference to ‘ pension ’ within the meaning of the Seamen’s War Pensions and Allowances Act 1940;

(c) a reference to ‘ wife ’ shall be read as a reference to ‘ wife ’ within the meaning of the Seamen’s War Pensions and Allowances Act 1940;

(d) a reference to war service shall be read as a reference to war injury;

(e) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to section 53a of the Seamen’s War Pensions and Allowances Act 1940;

(f) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to the Special Rate of Pension specified in Schedule 2 to the Act shall be read as a reference to the rate that is to be deemed by sub-section 18 (4a) of the Seamen’s War Pensions and Allowances Act 1940 to be specified in column 3 of Schedule 1 to that Act;

(g) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to Table B of Schedule 3 to the Act shall be read as a reference to section 18 of the Seamen’s War Pensions and Allowances Act 1940;


(h) the reference in paragraph 71 (10) (a) to pension ascertained in accordance with the Schedules to the Act shall be read as a reference to pension ascertained in accordance with the Seamen’s War Pensions and Allowances Act 1940;

(i) the reference in paragraph 71 (10) (a) to allowances payable in accordance with Schedule 2 or 5 to the Act shall be omitted; and

(j) sub-regulation 71 (16) shall have effect as if paragraph (b) were omitted.”.

Transitional

5. (1) Where regulation 30 or 31 of the Seamen’s War Pensions and Allowances Regulations as in force immediately before the commencement of these Regulations would, if the amendments of the Seamen’s War Pensions and Allowances Regulations effected by these Regulations had not come into operation, apply to an Australian mariner in relation to the whole of a period that commenced before the commencement of these Regulations and ends after the commencement of these Regulations, the provisions of the Seamen’s War Pensions and Allowances Regulations as in force immediately before the commencement of these Regulations shall continue to apply in relation to the Australian mariner in respect of that period as if those amendments had not come into operation.

(2) Where—

(a) an Australian mariner would, but for sub-regulation (1), be entitled to loss of earnings allowance in respect of any period, being the same period as, or a period forming part of, the period referred to in paragraph (b), in accordance with the provisions of regulation 71 of the Repatriation Regulations as made applicable to and in relation to Australian mariners by regulation 38b of the Seamen’s War Pensions and Allowances Regulations as amended by these Regulations; and

(b) the amount of such allowance would have exceeded the amount of allowance to which he is entitled by virtue of sub-regulation (1) in relation to the period that commences on the commencement of these Regulations and ends on the expiration of the period in relation to which sub-regulation (1) applies to the Australian mariner,

the Australian mariner shall be entitled to a supplementary allowance equal to the amount of the excess.

Overview

Statutory Rules 1978 No. 188, made under the Seamen’s War Pensions and Allowances Act 1940, introduces amendments to the Seamen’s War Pensions and Allowances Regulations. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations aim to streamline and update the application of certain provisions of the Repatriation Regulations to Australian mariners. The policy objective is to ensure that the allowances and benefits provided to seamen injured during war service are aligned with current regulations, thus maintaining the integrity and fairness of the pension and allowance system. The regulations include significant changes such as the omission of the heading to Division 2 of Part IV and the substitution of a new heading, "Division 2—Medical Treatment and Benefits". Additionally, regulations 30 and 31 are repealed, and regulation 33 is amended to clarify the entitlement to attendance allowances for Australian mariners, specifying circumstances where such allowances may not apply. The regulations also introduce a new Division 7, applying certain provisions of the Repatriation Regulations to Australian mariners, thereby ensuring consistency in the treatment and benefits available to them. Transitional provisions are included to address situations where the amendments might affect ongoing entitlements, providing a supplementary allowance where necessary.

Scope and Application

The Seamen’s War Pensions and Allowances Regulations, as amended by Statutory Rules 1978 No. 188, apply to Australian mariners, which are defined as individuals who meet the eligibility criteria set out in the Seamen’s War Pensions and Allowances Act 1940. This legislation operates on a Commonwealth level, impacting individuals across Australia. The regulations cover medical treatment and benefits, attendance allowance, and the application of certain provisions from the Repatriation Regulations. Notably, these regulations include specific provisions for transitional arrangements to ensure that any mariner affected by the amendments retains their rights for periods that commenced prior to the regulations' effective date. The amendments clarify and refine the existing allowances, particularly with respect to the payment of loss of earnings allowance, ensuring that the allowances are paid correctly and do not overlap with other benefits.

Key Provisions

The Seamen's War Pensions and Allowances Regulations 1978, made under the Seamen's War Pensions and Allowances Act 1940, contain various provisions aimed at regulating the benefits and entitlements of Australian mariners who have been injured in war. These regulations, for instance, modify the eligibility criteria for certain allowances, such as attendance allowances, by changing the term "member" to "Australian mariner" (regulation 3). They also clarify that Australian mariners are not entitled to an attendance allowance if they are receiving a loss of earnings allowance (regulation 3(3)). Additionally, the regulations repeal certain provisions (regulations 30 and 31) and introduce new provisions, such as the application of specific provisions from the Repatriation Regulations to Australian mariners (regulation 38b). These changes aim to streamline the process of providing benefits to eligible mariners, ensuring that they receive appropriate compensation for injuries sustained during wartime. The Act imposes several obligations on the parties it governs. For example, it requires that certain provisions from the Repatriation Regulations apply to Australian mariners, with appropriate modifications (regulation 38b). Additionally, the Act mandates that specific allowances are not payable under certain circumstances, such as when a mariner is receiving a loss of earnings allowance (regulation 3(3)). These obligations ensure that benefits are distributed in a fair and consistent manner, aligning with the intent of the Seamen's War Pensions and Allowances Act 1940. Breaching the provisions of these regulations can lead to various consequences. While the regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance, the failure to adhere to these obligations could potentially result in disputes over the entitlement to allowances or benefits. In such cases, the aggrieved party might seek redress through the appropriate legal channels. The maximum penalties for any breaches are not explicitly stated within the text of the regulations, but could potentially be determined by relevant laws governing administrative law and compliance with legislative instruments.

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Veterans' Affairs
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Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Transitional Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.