Seamen's War Pensions and Allowances Regulations (Amendment)

Legislation au C1968L00106 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1968 No. 106

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REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1967.*

I, THE GOVERNOR-GENERAL in and over 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 1940-1967.

Dated this thirteenth day of September, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

(SGD.) IAN SINCLAIR

Minister of State for Shipping and Transport.

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Amendments of the Seamen’s War Pensions and Allowances Regulations

Parts.

1. Regulation 3 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words and figures—

“Division 2.—Medical Treatment, Benefits and Sustenance (Regulations 25-34).”

and inserting in their stead the words and figures—

“Division 2.—Medical Treatment, Benefits and Sustenance (Regulations 25-34a.”.

Fees, travelling allowances and fares.

2. Regulation 7 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Seven pounds seven shillings” and inserting in their stead the words “Twenty-five dollars”;

(b) by omitting from sub-regulation (2.) the words “at the rate of Four pounds ten shillings per day” and inserting in their stead the words “at the rate specified in sub-regulation (2.) of regulation 75a of the Public Service Regulations”; and

(c) by inserting in sub-regulation (3.), after the word “member”, the words “of a Pensions Committee, other than an officer or employee of the Public Service of the Commonwealth,”.

Meal allowances.

3. After regulation 7 of the Seamen’s War Pensions and Allowances Regulations the following regulation is inserted:—

“7a. Where a member of a Pensions Committee, other than an officer or employee of the Public Service of the Commonwealth, attends a meeting of the Committee held in a city or town other than that in which he resides but is

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* Notified in the Commonwealth Gazette on 19 September, 1968.

Statutory Rules 1961, No. 205, as amended by Statutory Rules 1961, No. 145; 1963, No. 120; 1964, No. 107; 1965, No. 89; 1966, No. 110; and 1967, No. 44.

14871/68—Price 8c 10/2.8.1968


not absent overnight from his place of residence, he is entitled to receive for each meal purchased by him during the period he is necessarily absent from his place of residence an allowance in accordance with the following table:—

Meal

Allowance

Breakfast..............................

Eighty cents

Midday meal............................

Ninety cents

Evening meal............................

One dollar seventy-five cents.”.

Attendance allowance.

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

(a) by omitting from sub-regulation (2.) the words “Five shillings” and inserting in their stead the words “Eighty-five cents”;

(b) by omitting from sub-regulation (2a.) the words “Five shillings” and inserting in their stead the words “Eighty-five cents”;

(c) by omitting from sub-regulation (3.) the words “Seven shillings and sixpence” and “Two pounds” and inserting in their stead the words “One dollar twenty-eight cents” and “Six dollars eighty cents”, respectively; and

(d) by omitting from sub-regulation (4.) the words “Four pounds” and inserting in their stead the words “Thirteen dollars sixty cents”.

Expenses of travelling for medical treatment by eligible persons.

5. After regulation 34 of the Seamen’s War Pensions and Allowances Regulations the following regulation is inserted in Division 2 of Part IV.:—

“34A.—(1.) Where it is necessary for a person referred to in sub-regulation (1.) of regulation 34 of these Regulations to travel—

(a) to obtain medical treatment;

(b) for restoration of that person’s health;

(c) to be fitted for surgical aids or appliances or artificial replacements;

(d) to hospital; or

(e) for pension purposes,

a Deputy Commissioner for Repatriation may, subject to such conditions as the Commission determines, grant that person’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 a person who is travelling for the purpose specified in the last preceding sub-regulation and may pay the attendant’s fare for the forward and return journeys.

“(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 the purpose specified in sub-regulation (1.) of this regulation, by a person, or by a person and his attendant, as the case may be.

“(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 73a of the Repatriation Regulations.”.

Transitional.

6. A member of a Pensions Committee, other than a member who is an officer or employee of the Public Service of the Commonwealth, who attended a meeting of that Committee on a day in the period from and including the first day of July, 1965, to and including the day immediately before the commencement of these Regulations is, by force of this regulation, entitled to be paid an additional fee for that day equal to the amount by which the fee that


he was entitled to receive for that day is less than the fee that he would have been entitled to receive for that day if the amendments of regulation 7 of the Seamen’s War Pensions and Allowances Regulations effected by these Regulations had come into force on the first day of July, 1965.

Amendments in relation to decimal currency.

7. The Seamen’s War Pensions and Allowances Regulations are amended as set out in the Schedule to these Regulations.

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THE SCHEDULE

Regulation 7.

AMENDMENTS IN RELATION TO DECIMAL CURRENCY

Provisions amended

Omit—

Insert—

Regulation 37.............

Seven pounds

Fourteen dollars

Regulation 38.............

Twenty-five pounds

Fifty dollars

Regulation 38A (1.).........

Rate per fortnight

Rate per fortnight

 

s.

d.

$

 

15

0

1.50

 

7

6

  .75

 

10

0

1.00

 

10

0

1.00

Regulation 38A (2.).........

than Fifteen shillings

than One dollar fifty cents

Regulation 38A (2.).........

to Fifteen shillings

to One dollar fifty cents

Regulation 38A (4.).........

Nine pounds fifteen shillings

Nineteen dollars fifty cents

Regulation 42.............

Twenty-five pounds

Fifty dollars

Regulation 44.............

Twenty-five pounds

Fifty dollars

Regulation 46.............

Twenty-five pounds

Fifty dollars

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Seamen’s War Pensions and Allowances Regulations 1968 were enacted to amend the existing Seamen’s War Pensions and Allowances Regulations, made under the Seamen’s War Pensions and Allowances Act 1940-1967. This legislative instrument addresses the need to update the financial provisions within the regulations to align with the transition to decimal currency in Australia. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, with the objective of ensuring that the benefits and allowances provided to eligible persons, particularly those related to medical treatment and pensions, are accurately reflected in the new monetary system. These amendments include adjustments to fees, travelling allowances, meal allowances, and other financial provisions to maintain the integrity and fairness of the benefits provided under the Act.

Scope and Application

The Seamen’s War Pensions and Allowances Regulations 1968, made under the Seamen’s War Pensions and Allowances Act 1940-1967, primarily govern the financial entitlements of eligible persons, particularly those who have served in war and are in need of pensions and allowances. This legislation applies to eligible persons who require war pensions and allowances, such as seamen who have been incapacitated due to their service. The regulations are applicable nationally within the Commonwealth of Australia, affecting all states and territories uniformly. The Act does not specify exclusions or exemptions, but it does set various thresholds and conditions for the allowances and pensions granted. The application of the Act is extended and detailed through subordinate instruments such as these Regulations, which provide specific rates, conditions, and allowances for various situations, including medical treatment, subsistence expenses, and travel for health purposes.

Key Provisions

The primary provisions of the Statutory Rules 1968 No. 106 involve amendments to the Seamen’s War Pensions and Allowances Regulations. Regulation 3 is amended to update the reference to medical treatment, benefits, and sustenance to include new regulations (Regulations 25-34a). Regulation 7, which pertains to fees, travelling allowances, and fares, is amended to change the fee amount and the calculation of travelling allowances to align with the rates specified in the Public Service Regulations. Additionally, a new sub-regulation (7a) is inserted to provide meal allowances for members of a Pensions Committee attending meetings outside their usual place of residence. Furthermore, Regulation 33 is amended to update attendance allowances and related fees, while a new regulation (34A) is inserted to allow for the payment of fares and subsistence expenses for eligible persons travelling for medical treatment or pension purposes. The Regulations impose specific obligations on the parties involved, including the calculation of fees, allowances, and expenses for members of Pensions Committees and eligible persons seeking medical treatment. Members of Pensions Committees, who are not officers or employees of the Public Service of the Commonwealth, must adhere to the updated fees and allowances as outlined in the Regulations. For instance, members attending meetings outside their place of residence are entitled to meal allowances as specified. Additionally, Deputy Commissioners for Repatriation are tasked with determining and granting fare allowances and subsistence expenses for eligible persons travelling for medical treatment or pension purposes, subject to the conditions set by the Repatriation Commission. Breaches of the Regulations may lead to civil or administrative consequences, though the specific penalties are not detailed in the text. However, the Regulations do provide a framework for financial entitlements and allowances, and failure to comply with these provisions could potentially result in disputes over entitlements or financial obligations. The amendments to the Regulations also include transitional provisions to ensure that members of Pensions Committees who attended meetings prior to the commencement of these Regulations receive any additional fees they would have been entitled to under the updated rates.

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Area of Law
Veterans' Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Fees, Allowances & Subsistence
Transitional Provisions

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