SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT.
SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS.
STATUTORY RULES 1964, No. 107.(a)
1. Regulation 25 of the Seamen’s War Pensions and Allowances Regulations is repealed and the following Regulation inserted in its stead:—
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, medicinal, surgical and all other forms of treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes, subject to the same qualifications, the supply, renewal and repair of artificial replacements and surgical and other aids and appliances.”.
Sustenance allowance while undergoing medical treatment, &c.
2. Regulation 30 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—
“(3.) Where a mariner is, with the authority of a Deputy Commissioner for Repatriation, 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; and
(b) sustenance allowance granted to the mariner under sub-regulation (1.) of this regulation,
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, the 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 between those amounts.”; and
(b) by omitting from paragraph (a) of sub-regulation (3A.) the word “service” and inserting in its stead the word “injury”.
(a) Made under the Seamen’s War Pensions and Allowances Act 1940-1961 on 20 August, 1964; notified in the Commonwealth Gazette on 27 August, 1964.
Overview
The Seamen's War Pensions and Allowances Act was enacted in 1940, with the primary aim of addressing the needs of seamen who were injured or disabled during wartime. This Act was introduced to provide financial support and medical care for those affected by their service, ensuring they received appropriate pensions and allowances. The Seamen's War Pensions and Allowances Regulations, made under this Act, further specify the details of the support provided. The regulations were amended on 20 August 1964, with the changes notified in the Commonwealth Gazette on 27 August 1964, illustrating the ongoing commitment to update the support mechanisms in line with the needs of affected individuals. These legislative instruments are designed to ensure that war-injured seamen and their families receive adequate sustenance and medical care, reflecting the policy objective of providing comprehensive support to those who have served and been affected by their service.
Scope and Application
The Seamen’s War Pensions and Allowances Act, as modified by the Seamen’s War Pensions and Allowances Regulations, applies to persons who have served as mariners and are suffering from war-related injuries. This legislation encompasses individuals who are receiving in-patient treatment for such injuries, ensuring they are eligible for sustenance allowances. The Act operates within the Commonwealth jurisdiction, impacting all states and territories of Australia. The regulations specifically outline what constitutes "medical treatment," which includes various forms of medicinal, surgical, and other treatments aimed at restoring or maintaining health or alleviating suffering, as well as the provision of artificial replacements and aids. Additionally, the Act permits the granting of sustenance allowances to mariners receiving in-patient treatment if their combined pension and sustenance allowance is less than what would be payable under the special rate of pension, thereby bridging any financial gap during their treatment.
Key Provisions
The Seamen’s War Pensions and Allowances Regulations, as amended in 1964, introduce several key provisions concerning the support and treatment of mariners who have suffered war-related injuries. Regulation 25 redefines "medical treatment" to encompass medicinal, surgical, and other forms of treatment aimed at restoring or maintaining physical or mental health, alleviating suffering, and includes the provision of artificial replacements and aids. This broad definition ensures comprehensive coverage for the health needs of affected mariners (Reg 25).
Regulation 30 modifies the conditions under which a mariner receiving in-patient treatment for a war injury may receive a sustenance allowance. Specifically, if the combined total of the pension and any sustenance allowance is less than what a mariner would receive under the special rate of pension, a Deputy Commissioner for Repatriation can grant an additional sustenance allowance to cover the shortfall. This adjustment ensures that the financial support provided to mariners undergoing treatment is adequate and comparable to that of others receiving the special rate of pension (Reg 30(3)).
The obligations under these regulations include the requirement for mariners to be receiving in-patient treatment for war injuries, with the authority of a Deputy Commissioner, to be eligible for additional sustenance allowances. The Deputy Commissioner must also ensure that the combined amount of pension and sustenance allowance does not fall below the special rate of pension level. The Commission retains the authority to make determinations and provide directions concerning the application of these provisions (Reg 30(3)).
Failure to comply with the provisions of these regulations may result in civil or administrative consequences. While the specific penalties are not detailed in the text, breaches of similar statutory provisions typically result in fines or other administrative actions. The maximum penalties for such breaches would be determined by the relevant governing authority, ensuring that the regulations are enforced effectively to protect the rights of mariners (Reg 30(3)).