Seamen's War Pensions and Allowances Regulations (Amendment) 1993 No. 16
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 16
Issued by the authority of the Minister for Veterans' Affairs
Seamen's War Pensions and Allowances Act 1940
Seamen's War Pensions and Allowances Regulations (Amendment)
The Governor-General may make regulations under section 59 of the Seamen's War Pensions and Allowances Act 1940 (the Act), for the purposes of the Act.
The amending Regulations provide for the application of the Repatriation Private Patient Principles to Australian mariners and specified dependants of Australian mariners. The Repatriation Private Patient Principles are set out in the Schedule to the Regulations entitled "Principles for the Provision of Medical Treatment to an Australian mariner as a Private Patient."
The Regulations also provide that the Treatment Principles and the Veterans' Affairs Pharmaceutical Benefits Scheme are applicable to specified dependants of Australian mariners. This ensures that these dependants receive the same treatment entitlements as similar dependants of veterans, who are already entitled under the Veterans' Entitlements Act 1986 to coverage under the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme.
Details of the amending Regulations are set out below. Regulation 1 - Amendment
The Seamen's War Pensions and Allowances Regulations are amended as set out in these Regulations.
Regulation 2 - Regulation 26AB (Treatment Principles and Repatriation Pharmaceutical Benefits Scheme
Regulation 26AB adopts the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme. Subregulation 26AB(3) modifies the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme to enable treatment to be provided to Australian mariners under the Principles and the Scheme.
The amending Regulation adds new paragraphs to subregulation 26AB(3) to provide that those persons specified in subregulation 34(1) shall be treated as entitled persons under the Treatment Principles and eligible persons under the Repatriation Pharmaceutical Benefits Scheme.
The persons specified in subregulation 34(1) are:
(a) widows, separated widows, de facto wives and children of those Australian mariners who have died as a result of a war injury;
(b) widows, separated widows or children of Australian mariners, who are entitled to pensions under section 17A of the Act; and
(c) de facto wives of Australian mariners who are entitled to pensions under section 17A of the Act.
Regulation 3 - Regulation 26AC (Treatment of Australian mariners as private patients
The amending Regulation inserts new regulation 26AC. The new regulation ensures that the Repatriation Commission provides medical treatment to Australian mariners and the persons referred to in subregulation 34(1) as private patients only in relevant States or Territories. Relevant States or Territories are those States or Territories to which a notice under subsection 90B(1) of the Veterans' Entitlements Act 1986 applies. Such treatment is to be provided in accordance with the Principles set out in the Schedule and regulation 26AC.
Regulation 4 - Regulation 27 (Entitlement to medical treatment and approval of expenditure)
Under the Principles set out in the Schedule, prior approval of medical treatment is not required in certain circumstances.
The regulation omits regulation 27 which provides that the Repatriation Commission shall not be liable for any expenditure incurred without its authority in respect of medical treatment of an Australian mariner. A new regulation 27 (Entitlement to medical treatment and approval of expenditure) is substituted to provide that the Repatriation Commission may be liable for medical treatment that is given before the Commission has authorised it if the medical treatment is given under proposed regulation 26AC and the Principles set out in the Schedule do not require such authorisation.
Regulation 5 - New Schedule
Regulation 5 adds a new Schedule at the end of the Regulations. The new Schedule adopts the Repatriation Private Patient Principles but uses the language of the Act. The Principles are therefore called the "Principles for the Provision of Medical Treatment to an Australian mariner as a Private Patient."
The Regulations will commence on the date of notification in the Gazette.
Overview
The Seamen's War Pensions and Allowances Regulations (Amendment) 1993 No. 16 were enacted by the Governor-General under the authority of the Minister for Veterans' Affairs to amend the Seamen's War Pensions and Allowances Act 1940. These amending regulations address the gap in medical treatment entitlements for Australian mariners and their dependants by aligning the Repatriation Private Patient Principles and the Veterans' Affairs Pharmaceutical Benefits Scheme to the entitlements of veterans' dependants. The policy objective of the amending regulations is to ensure that Australian mariners and their specified dependants receive the same treatment entitlements as veterans and their dependants, thereby addressing any inconsistencies in the provision of medical treatment and pharmaceutical benefits. The Regulations are designed to provide clarity and ensure equitable treatment for all eligible individuals under the Act.
Scope and Application
The Seamen's War Pensions and Allowances Regulations (Amendment) 1993 No. 16 applies to Australian mariners and their specified dependants, aligning their medical treatment entitlements with those provided to veterans under the Veterans' Entitlements Act 1986. The Regulations amend the Seamen's War Pensions and Allowances Regulations 1940 by incorporating the Repatriation Private Patient Principles, ensuring that Australian mariners and their dependants receive appropriate medical treatment as private patients. These Regulations cover widows, separated widows, de facto wives, and children of deceased mariners as well as those who are entitled to pensions under section 17A of the Act. The application of these Regulations extends to relevant States and Territories, which are those to which a notice under subsection 90B(1) of the Veterans' Entitlements Act 1986 applies. The Regulations do not specify any exclusions, exemptions, or thresholds; however, the Repatriation Private Patient Principles and the Veterans' Affairs Pharmaceutical Benefits Scheme are adapted to ensure that the treatment is provided in accordance with the relevant provisions of the Act. The amending Regulations are effective from the date of notification in the Gazette and may be further extended or restricted through subordinate instruments.
Key Provisions
The Seamen's War Pensions and Allowances Regulations (Amendment) 1993 (No. 16) primarily modifies the existing regulations to ensure that Australian mariners and their specified dependants receive appropriate medical treatment and entitlements under the Repatriation Private Patient Principles and the Repatriation Pharmaceutical Benefits Scheme. Section 2 of the amending Regulations introduces new provisions that adopt the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme, as well as ensuring that these schemes apply to certain dependants of Australian mariners. Regulation 36AB modifies the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme to enable treatment to be provided to Australian mariners and their dependants, while Regulation 26AC ensures that the Repatriation Commission provides medical treatment to Australian mariners and their dependants as private patients in relevant States or Territories. Regulation 27 outlines the circumstances under which the Repatriation Commission may be liable for medical treatment provided to Australian mariners and their dependants without prior approval, and Regulation 5 adds a new Schedule that adopts the Repatriation Private Patient Principles but uses the language of the Act.
The amending Regulations impose specific obligations on the Repatriation Commission and the Australian mariners and their dependants. The Repatriation Commission is required to provide medical treatment to Australian mariners and their dependants under the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme, and to do so as private patients in relevant States or Territories, as outlined in Regulation 26AC. The Repatriation Commission is also required to ensure that medical treatment is provided in accordance with the Principles set out in the Schedule and regulation 26AC. Australian mariners and their dependants are entitled to receive medical treatment under the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme, and to have their medical treatment provided as private patients in relevant States or Territories, as outlined in Regulation 26AC. They are also entitled to have their medical treatment provided in accordance with the Principles set out in the Schedule and regulation 26AC.
Breach of the amending Regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for breach of the amending Regulations are not specified in the Explanatory Statement. However, it is worth noting that breach of the Repatriation Private Patient Principles or the Repatriation Pharmaceutical Benefits Scheme may result in financial penalties or other consequences, such as the revocation of a healthcare provider's accreditation. The specific penalties for breach of the amending Regulations may vary depending on the circumstances of the breach, and may be determined by the relevant authorities or a court of law.