EXPLANATORY STATEMENT
STATUTORY RULES NO. 251
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS (AMENDMENT)
Under section 59 of Seamen’s War Pensions and Allowances Act 1940, 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 for carrying out or giving effect to the Act.
The proposed regulations will give effect to the Government’s Budget decision to increase the rates of Clothing Allowance in line with movements in the Consumer Price Index since the last increase.
Details of the proposed regulations are as follows:
Regulation 1 - Clothing Allowance - Existing regulation 38A of the Seamen’s War Pensions and Allowances Regulations provides for the payment of Clothing Allowance to Australian mariners who have lost limbs or whose clothing otherwise suffers exceptional wear and tear or damage from the use of a surgical appliance, or from the treatment of a disability accepted as a war injury.
Regulation 1 increases the rates specified in existing regulation 38A from the first payday in November 1983, namely 10 November 1983, as follows:
Table to Sub-regulation 38A(1) | Per Fortnight |
One leg and one arm amputated | $4.00 to $4.40 |
On leg or one arm amputated | $1.90 to $2.10 |
Both legs or both arms amputated | $2.60 to $2.90 |
One leg amputated (causing material hip disarticulation) | $2.60 to $2.90 |
Sub-regulation 38A(2) | Per Fortnight |
Allowance for use of crutch or crutches in addition to any other artificial aid. | $4.00 to $4.40 |
Sub-regulation 38A(4) | Per Annum |
Allowance in respect of exceptional wear and tear to clothing | $49.40 to $54.60 |
Overview
The Seamen’s War Pensions and Allowances Regulations (Amendment) Statutory Rules 2004 were issued under the authority of the Minister of State for Veterans’ Affairs. This legislation was introduced to address the need for updating the rates of Clothing Allowance for Australian mariners, aligning them with the Consumer Price Index since the last adjustment in November 1983. The purpose of this amendment is to ensure that the allowance reflects current economic conditions, maintaining its adequacy and fairness for recipients. The policy objective is to provide fair compensation to mariners who have suffered physical impairments or exceptional wear and tear to their clothing due to war injuries or treatments, thus supporting their well-being and acknowledging their service.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations (Amendment) Statutory Rules 2004, issued under section 59 of the Seamen’s War Pensions and Allowances Act 1940, apply to Australian mariners who have suffered limb loss or significant clothing damage due to war injuries. These regulations, established by the Minister of State for Veterans’ Affairs, aim to adjust the rates of Clothing Allowance in accordance with the Consumer Price Index, ensuring that the financial support remains relevant and adequate. This amendment does not alter the eligibility criteria or the geographic scope of the original regulations, which remain applicable nationally across Australia. The regulations specify new rates for various war-related conditions, ensuring that affected individuals receive updated financial assistance reflective of current economic conditions. This amendment ensures that the statutory support provided to war veterans with specific needs remains current and effective.
Key Provisions
The Seamen’s War Pensions and Allowances Regulations (Amendment) primarily focus on the adjustment of the Clothing Allowance rates for Australian mariners who are eligible for this allowance (Regulation 1). Specifically, Regulation 1 amends existing regulation 38A by increasing the rates of Clothing Allowance from the first payday in November 1983, aligning them with the Consumer Price Index since the last increase. For instance, for mariners who have one leg and one arm amputated, the allowance increases from $4.00 to $4.40 per fortnight. Similarly, for those with one leg or one arm amputated, the allowance rises from $1.90 to $2.10 per fortnight. Mariners who have both legs or both arms amputated see an increase from $2.60 to $2.90 per fortnight, and those who have one leg amputated causing material hip disarticulation also receive an increase from $2.60 to $2.90 per fortnight. The allowance for the use of crutches or other artificial aids is increased from $4.00 to $4.40 per fortnight. Furthermore, the annual allowance for exceptional wear and tear to clothing rises from $49.40 to $54.60.
The obligations imposed by these regulations are primarily on the Department of Veterans' Affairs, which is responsible for administering the payment of the adjusted Clothing Allowance. This includes ensuring that eligible mariners receive the updated rates as specified in Regulation 1. The regulations mandate that the new rates be applied from the first payday in November 1983, necessitating precise calculations and timely disbursements to affected individuals. Additionally, the Department must maintain records and documentation to verify compliance with the new rates and ensure transparency and accountability in the payment process.
Any failure to comply with the provisions outlined in these regulations may result in legal consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the explanatory statement, it is reasonable to infer that breaches could lead to administrative penalties or legal actions. Under the Seamen’s War Pensions and Allowances Act 1940, failure to adhere to the stipulated regulations could be subject to penalties as prescribed by law, which may include financial penalties or other sanctions. However, the exact nature and severity of these consequences would typically be outlined in more detail within the broader legislative framework or through subsequent amendments and legal interpretations.