Seamen's War Pensions and Allowances Regulations (Amendment)

Legislation au C1975L00097 Regulations Not in force Legislative Instrument

Legislation content

Statutory Rules

1975 No. 97

REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1975.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Seamen's War Pensions and Allowances Act 1940-1975.

Dated this twenty-ninth day of May, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

JOHN M. WHEELDON

Minister of State for Repatriation and Compensation.

_________

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 inserting after the words—

“Part III—Claims for Pensions (Regulations 8-18)”,

the words—

“Part IIIa—Appeals (Regulations 18a-18d)”.

Definitions.

2. Regulation 4 of the Seamen’s War Pensions and Allowances Regulations is amended by inserting after the definition of “the Act” the following definition:—

“‘Tribunal’ means a War Pensions Entitlement Appeal Tribunal, or an Assessment Appeal Tribunal, established under the Repatriation Act 1920-1975;”.

Action by Registrar on receipt of claim.

3. Regulation 9 of the Seamen’s War Pensions and Allowances Regulations is repealed.

Action by Deputy Commissioner on receipt of claims.

4. Regulation 10 of the Seamen’s War Pensions and Allowances Regulations is repealed and the following regulations substituted:—

“10. (1) Where a Deputy Commissioner for Repatriation receives a claim he shall note on it the date on which he received it and shall arrange for that claim to be investigated.

 

* Notified in the Australian Government Gazette on 30 May 1975.

† 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; and 1973, Nos. 27, 35, 84 and 290.


“(2) A Deputy Commissioner for Repatriation shall, after the completion of an investigation of a claim referred to in sub-regulation (1), submit that claim, together with any report or information relating to that claim, to a Pensions Committee or to the Repatriation Commission.

Application of section 8a of the Act to authorities.

“10a. Section 8a of the Act applies in relation to the Pensions Committees and the Appeal Tribunals.

Recording of notification of decision of Pensions Committee.

“10aa. Subject to section 8a of the Act, a Pensions Committee shall, in respect of each claim decided by it—

(a) file the decision with the records of the case; and

(b) furnish a copy of the decision to the claimant or to a person authorized by the claimant.”.

5. After Part III of the Seamen’s War Pensions and Allowances Regulations, the following Part is inserted:—

“Part IIIa—Appeals

Appeals.

“18a. Appeals to a Tribunal in respect of pensions shall be lodged and decided in the same manner as appeals under the Repatriation Act 1920-1975 in relation to pensions under that Act.

Undertaking.

“18b. Before any information contained in the records relating to an appellant’s case is made available to him under section 80 of the Repatriation Act 1920-1975 as applied by the Act, the appellant or his representative shall sign an undertaking in the approved form to respect the confidential nature of that information and to use it only in so far as is necessary for the purpose of the appeal.

Expenses and allowances to appellants.

“18c. There is payable to an appellant who attends a sitting of a Tribunal the same allowances and expenses as are payable to the appellants before a Tribunal under the Repatriation Regulations.

Recording and notification of decision of Appeal Tribunals.

“18d. Subject to section 8a of the Act, an Appeal Tribunal shall, in respect of each claim decided by it—

(a) file the decision with the records of the case; and

(b) furnish a copy of the decision to the claimant or to a person authorized by the claimant.”.

Attendance allowance.

6. Regulation 33 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting sub-regulations (2) to (6) inclusive and substituting the following sub-regulation:—

“(2) Where a member to whom this regulation applies is required to attend at a place referred to in sub-regulation (1) for a purpose specified in that sub-regulation, he is entitled to be paid an allowance in respect of that attendance at the same rate and subject to the same conditions as if he were, in respect of that attendance, entitled to be paid an allowance under sub-regulation 46a (2) or (4) of the Repatriation Regulations.”.

Allowance to certain widows.

7. Regulation 37 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words “Nineteen dollars” and substituting the figures “$24.00”.

8. After regulation 43 of the Seamen’s War Pensions and Allowances Regulations the following regulation is inserted:—

Prescribed matters for the purposes of section 8a of the Act.

“43a. For the purposes of section 8a of the Act, the matter referred to in sub-paragraph 5 (a) (i) of the Act is a prescribed matter.”.


Commencement.

9. The amendment effected by regulation 7 shall be deemed to have come into operation on the first pension pay-day after 31 October 1974.

Overview

Statutory Rules 1975 No. 97, the Seamen’s War Pensions and Allowances Regulations, were enacted in 1975 to amend the existing regulations under the Seamen's War Pensions and Allowances Act 1940-1975. The primary objective of these regulations was to update the framework for handling claims, appeals, and the administration of pensions and allowances for seamen, aligning them more closely with the provisions of the Repatriation Act 1920-1975. The regulations were made under the authority of the Governor-General, with the advice of the Executive Council, and were designed to streamline the processes for reviewing claims, enhance the appeal mechanisms, and ensure the efficient administration of benefits for eligible seamen and their dependents. This legislative instrument reflects a commitment to providing effective and timely support to those who served, addressing any procedural gaps identified in the existing legislative framework. The regulations introduced several significant changes, including the establishment of a new Part IIIa focused on appeals, which mirrors the appeal processes under the Repatriation Act. Additionally, the regulations updated the procedures for claim investigations and the notification of decisions, ensuring that all parties involved are appropriately informed and that decisions are recorded and communicated effectively. By doing so, the regulations aimed to improve transparency, accountability, and the overall fairness of the process for pensioners and their representatives.

Scope and Application

These Regulations, made under the Seamen's War Pensions and Allowances Act 1940-1975, apply to claims for pensions and allowances by seamen who served in the armed forces of Australia during wartime and their dependents. They establish procedures for the processing of claims, including the investigation of claims by Deputy Commissioners for Repatriation and the consideration of claims by Pensions Committees and Appeal Tribunals. The Regulations also introduce a new Part IIIa to address appeals, providing that appeals are lodged and decided in the same manner as under the Repatriation Act 1920-1975. The Regulations apply nationally, as they pertain to the administration of Commonwealth pensions and allowances. The Act and these Regulations do not explicitly state exclusions or thresholds, but their application is likely contingent on eligibility criteria stipulated elsewhere in relevant legislation. The Regulations can be extended or restricted by further subordinate instruments, as per the provisions of the primary Act.

Key Provisions

The Seamen’s War Pensions and Allowances Regulations 1975 (Statutory Rules 1975 No. 97) outline several key provisions related to the administration of war pensions and allowances for seamen. The main operative sections include amendments to the existing regulations, such as the addition of a new Part IIIa titled “Appeals” (Regulations 18a-18d), and the introduction of new definitions like “Tribunal” (Regulation 4). Additionally, Regulations 10 and 10a detail the process for claims and the application of specific sections of the Act to Pensions Committees and Appeal Tribunals. The Regulations impose several obligations on the parties involved, including the Deputy Commissioner for Repatriation, who must investigate claims and submit them to the Pensions Committee or Repatriation Commission (Regulation 10). Pensions Committees are required to file decisions and notify claimants of those decisions (Regulation 10aa). Furthermore, the Regulations mandate that appellants sign an undertaking to respect the confidential nature of information used in appeals (Regulation 18b). They also ensure that appellants attending Tribunal hearings receive the same allowances and expenses as those attending under the Repatriation Regulations (Regulation 18c). Non-compliance with the provisions of these Regulations can result in various consequences. While the Regulations themselves do not explicitly state penalties for breaches, breaches of the underlying Act or related legislation may incur penalties. Under the Repatriation Act 1920-1975, for example, failure to comply with the Act's provisions can lead to civil or criminal penalties. The specific penalties would depend on the nature and severity of the breach, but they could include fines and imprisonment for criminal offences. It is important to refer to the Repatriation Act and other relevant legislation to understand the full scope of potential penalties for non-compliance.

Legal classification tags

Area of Law
Administrative Law
Social Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Civil Penalty Provisions
Enforcement Powers
Compliance Obligations

Interactions

Authorises

All Versions

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.