EXPLANATORY STATEMENT
Statutory Rules No 389 of 1987
Seamen’s War Pensions and Allowances Act 1940
Seamen’s War Pensions and Allowances Regulations (Amendment)
Issued by the authority of the Minister for Veterans’ Affairs
Section 59 of the Seamen’s War Pensions and Allowances Act 1940 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to the Act.
The Statutory Rules give effect to the Government’s 1989 Budget decision to increase the rates of Clothing Allowance payable under the regulations. Clothing Allowance has been increased in line with CPI increases each year in order to maintain its real value. Minor benefits, including Clothing Allowance, are provided to the most severely incapacitated veterans and this increase to the Allowance maintains the present level of support to those most severely affected as a result of war service.
Details of the regulations are set out in the Attachment.
Details of the Amending Regulations to the Seamen’s War
Pensions and Allowances Regulations
Regulation 1 - Clothing Allowance
Regulation 38A provides for the payment of an allowance, called Clothing Allowance, to an Australian mariner whose specified disabilities cause excessive wear and tear on clothing.
Subregulation 1(a) amends the table in regulation 38A(1) to provide for the following increases in the rates of Clothing Allowance -
Item 1 | from $6.20 to $6.70 per fortnight; |
Items 2 and 3 | from $4.00 to $4.30 per per fortnight; and |
Items 4 and 5 | from $2.90 to $3.10 per fortnight. |
Subregulation 1(b) amends subregulation 38A(2) to increase, from $6.20 to $6.70 per fortnight, the rate of Clothing Allowance payable where the use of a crutch or crutches is necessitated by disabilities specified in items 2, 3 and 4 of the table in subregulation 38A(1).
Subregulation 1(c) amends subregulation 38A(4) to increase the maximum amount of Clothing Allowance payable in any period of 12 months from $75.40 to $80.60.
Regulation 2 - Application
Regulation 2 specifies the circumstances to which the amendments made by Regulation 1 will apply.
Subregulation 2(1) provides that the increased rates of Clothing Allowance under paragraphs 1(a) and (b) apply to instalments falling due after 15 November 1989.
Subregulation 2(2) provides that the increase made by paragraph 1(c) in the maximum amount of Clothing Allowance payable under subregulation 38A(4) applies to amounts payable after 15 November 1989.
Overview
The Seamen’s War Pensions and Allowances Act 1940, enacted by the Commonwealth Parliament, was designed to provide financial assistance to Australian mariners suffering from disabilities caused by war service. This legislation was a response to the need for pensions and allowances to support those who had been severely incapacitated due to their service, ensuring they received the necessary support to maintain their quality of life. The Act allows the Governor-General to make regulations necessary for its implementation, as per Section 59. The 1989 amendments to the Seamen’s War Pensions and Allowances Regulations were made under this authority, primarily to adjust the Clothing Allowance in line with inflation, ensuring that the real value of the allowance is preserved. The policy objective of these amendments was to maintain the support level for the most severely incapacitated veterans, reflecting the government's commitment to honouring the sacrifices made by these individuals.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations (Amendment) Statutory Rules No 389 of 1987 apply to Australian mariners who are recipients of war pensions and allowances under the Seamen’s War Pensions and Allowances Act 1940. These regulations, issued under the authority of the Minister for Veterans’ Affairs, primarily address adjustments to the Clothing Allowance, a minor benefit provided to the most severely incapacitated veterans. The amendments outlined in the regulations serve to increase the rates of Clothing Allowance in line with the Consumer Price Index (CPI), ensuring that the real value of the allowance is maintained and that the level of support provided to those most severely affected by war service remains current. The amendments are effective for instalments falling due after 15 November 1989, and cover both the regular fortnightly rates and the maximum annual amount payable. These changes are specifically targeted at enhancing the financial support for eligible veterans, reflecting the ongoing commitment to their welfare as stipulated in the Act.
Key Provisions
The Seamen’s War Pensions and Allowances Regulations (Amendment) provide adjustments to the Clothing Allowance payable under the Seamen’s War Pensions and Allowances Regulations. These amendments are made pursuant to Section 59 of the Seamen’s War Pensions and Allowances Act 1940, which allows the Governor-General to enact regulations to implement or facilitate the Act. Specifically, Regulation 1 of the amending regulations updates the rates of Clothing Allowance to reflect changes in the cost of living, measured by the Consumer Price Index (CPI). This adjustment ensures that the allowance retains its real value over time.
Under Regulation 1, subregulation 1(a) revises the rates of Clothing Allowance for different categories of seafarers. The new rates are $6.70 per fortnight for Item 1, $4.30 per fortnight for Items 2 and 3, and $3.10 per fortnight for Items 4 and 5. Additionally, subregulation 1(b) raises the rate for those who require a crutch or crutches due to disabilities, aligning it with the new general rate of $6.70 per fortnight. Subregulation 1(c) increases the maximum amount of Clothing Allowance payable over a 12-month period from $75.40 to $80.60.
The obligations and requirements imposed by these regulations on the relevant parties, primarily the Department of Veterans' Affairs and the beneficiaries, include ensuring that the updated rates of Clothing Allowance are correctly calculated and disbursed to eligible recipients. The beneficiaries must continue to meet the eligibility criteria for the allowance, such as having specified disabilities that cause excessive wear and tear on clothing. The Department of Veterans’ Affairs is responsible for administering the allowance and updating its records and systems to reflect the new rates as per the regulations.
Failure to comply with these regulations or misapplying the rates can result in legal consequences. The regulations do not explicitly detail specific offences, penalties, or consequences for breaches. However, under the Seamen’s War Pensions and Allowances Act 1940, breaches of regulations may lead to civil or criminal liability, depending on the nature and severity of the breach. For example, wilful or negligent misapplication of funds could result in fines or other penalties as prescribed under the relevant legislation. The specific penalties would be determined in accordance with the applicable laws and the discretion of the courts.