STATUTORY RULES
1970 No. 155
REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1970.*
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 1940-1970.
Dated this first day of October, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Minister of State for Shipping and Transport.
Amendments of the Seamen’s War Pensions and Allowances Regulations†
Sustenance allowance while undergoing medical treatment, &c.
1. Regulation 30 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1.) all the words after paragraph (b) and inserting in their stead the words—
“a Deputy Commissioner for Repatriation may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the mariner, for the period for which he is so prevented, sustenance allowance at a rate not exceeding—
(c) the rate of pension that would be payable to the mariner under the First Schedule to the Act upon his total incapacity; or
(d) if the mariner has a wife and children or a wife or children, the total of the rates of pension that would be payable to the mariner under the First Schedule to the Act, and in respect of his wife and children, or wife or children, under section 18 of the Act, upon his total incapacity,
less the rate of any pension payable to the mariner, or the total of the rates of any pensions payable to the mariner and to his wife and children or wife or children (excluding, in the case of the pension payable to the mariner, any part of the rate of that pension that is attributable to section 22b of the Act, or, by virtue of section 22a of the Act, to the Fifth Schedule to the Repatriation Act 1920-1970).”.
Allowance to certain widows.
2.—(1.) Regulation 37 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words “Fifteen dollars” and inserting in their stead the words “Sixteen dollars”.
(2.) The amendment made by the last preceding sub-regulation applies in relation to an instalment of an allowance that fell due on the first allowance pay day after the date of commencement of the Seamen’s War Pensions and Allowances Act 1970 and to all subsequent instalments.
* Notified in the Commonwealth Gazette on 15 October, 1970.
† 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; and 1970, No. 84.
Printed by Authority by the Government Printer of the Commonwealth of Australia
21683/70—Price 5c 9/14.9.1970
Overview
The Seamen’s War Pensions and Allowances Regulations 1970 were enacted to amend existing regulations under the Seamen’s War Pensions and Allowances Act 1940-1970, primarily focusing on the sustenance allowance for seamen undergoing medical treatment and the allowance to certain widows. This legislative instrument was made by the Governor-General, Paul Hasluck, acting on the advice of the Federal Executive Council. The primary objective of these regulations is to ensure that the financial support provided to seamen and their dependents is fair and up-to-date with changes in pension rates and family circumstances. The amendments adjust the sustenance allowance for seamen to align with the pension rates applicable in cases of total incapacity and make a minor adjustment to the allowance for certain widows, reflecting changes in economic conditions and cost of living.
Scope and Application
The Seamen's War Pensions and Allowances Regulations 1970, established under the Seamen’s War Pensions and Allowances Act 1940-1970, apply to seafarers who are affected by injuries or disabilities incurred during their service in the Australian Defence Force or a recognised allied force. The Regulations provide specific allowances and benefits to eligible seamen, including sustenance allowances for those undergoing medical treatment and pensions to widows or dependents of deceased seamen. These provisions are applicable on a national scale, governed by the Commonwealth of Australia. The Regulations can be amended through subordinate instruments, as evidenced by the changes to sustenance allowances and widow’s allowances outlined in the document, demonstrating a flexible approach to addressing the needs of the seamen's community.
Key Provisions
The Regulations under the Seamen’s War Pensions and Allowances Act 1940-1970 (hereafter referred to as the “Act”) contain several key provisions that are particularly relevant to the sustenance allowance for seamen undergoing medical treatment and to the allowance for certain widows. The regulation most notably amended by these statutory rules is Regulation 30, which pertains to the sustenance allowance (section 1). This amendment provides that a Deputy Commissioner for Repatriation may grant a mariner, who is prevented from earning due to their incapacity, a sustenance allowance at a rate not exceeding certain specified amounts. The allowance is contingent upon the mariner’s total incapacity and may be adjusted if the mariner has a spouse or children, with deductions applied for any pensions already payable to the mariner or their family members (section 1).
Furthermore, Regulation 37, which deals with allowances for certain widows, is also amended by these rules. The amendment involves a minor adjustment to the amount payable, increasing it from fifteen dollars to sixteen dollars for each instalment of the allowance (section 2). This change applies to all instalments due from the first allowance pay day after the commencement of the Act in 1970 onwards.
In terms of obligations, the Act imposes certain duties on the Deputy Commissioner for Repatriation, who is responsible for determining the eligibility and calculating the appropriate sustenance allowance for seamen undergoing medical treatment. This includes assessing the mariner’s incapacity and any applicable deductions for existing pensions. For widows, the obligation falls on the Commissioner to ensure that the correct amount, as adjusted by these regulations, is disbursed as per the schedule set out in the Act.
As for the consequences of non-compliance or breaches of these regulations, the Act does not explicitly outline specific offences or penalties in the provided text. However, it is reasonable to infer that any failure to adhere to the prescribed allowances or incorrect payments could lead to administrative or legal repercussions. These might include the requirement to rectify payments, potential audits, or other corrective measures as deemed necessary by the Repatriation Commission. While the exact penalties are not detailed here, they would typically align with the broader administrative and legal frameworks governing public service regulations in Australia.