Seamen's War Pensions and Allowances Regulations (Amendment)

Legislation au C1961L00145 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1961. No. 145

REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1961.*

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 1940-1961.

Dated this eighth day of December, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd.) HOBERT OPPERMAN.

Minister of State for Shipping and Transport.

AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS.†

Commencement.

1. These Regulations shall be deemed to have come into operation on the day on which the Seamen’s War Pensions and Allowances Act 1961 received the Royal Assent.

Parts.

2. Regulation 3 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words—

“Division 5.—Funeral Expenses (Regulation 38).”,

and inserting in their stead the words—

“Division 5.—Funeral Expenses (Regulation 38).

Division 6.—Miscellaneous Benefits (Regulation 38A).”.

Definitions.

3. Regulation 4 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from the definition of “medical officer” the words “Deputy Commissioner” and inserting in their stead the words “a Deputy Commissioner for Repatriation”.

Sustenance allowance while undergoing medical treatment, &c.

4. Regulation 30 of the Seamen’s War Pensions and Allowances Regulations is amended:—

(a) by inserting in sub-regulation (1.), after the word “Commissioner”, the words “for Repatriation”;

(b) by omitting from sub-regulation (3.) the words “the Deputy Commissioner” and inserting in their stead the words “a Deputy Commissioner for Repatriation”;

* Notified in the Commonwealth Gazette on 14th December, 1961.

† Statutory Rules 1961, No. 105.

8186/61.—PRICE 3D. 9/20.10.1961.

(d) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3A.) Where—

(a) an Australian mariner has, with the authority of a Deputy Commissioner for Repatriation, been receiving in-patient treatment at a hospital or institution for an incapacity due to war service; and

(b) upon the discharge of the mariner from the hospital or institution, a medical officer employed in the Repatriation Department certifies, in writing, that the mariner will not be sufficiently recovered to be able to resume his usual occupation until the expiration of a period of convalescence, being a period specified in the certificate,

the mariner shall, for the purposes of the last preceding sub-regulation, be deemed to be continuing to receive that in-patient treatment until the expiration of the period so specified or until the mariner resumes his usual occupation, whichever first occurs.”.

Attendance allowance.

5. Regulation 33 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “applies”, the words “, being an employee of another person,”;

(b) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2A.) Where—

(a) an Australian mariner to whom this regulation applies, not being an employee of another person, attends at a place referred to in sub-regulation (1.) of this regulation for a period of less than one day; and

(b) the mariner satisfies a Deputy Commissioner for Repatriation that the mariner—

(i) would, but for his attendance, have been occupied during the whole or a part of that period in earning his living; and

(ii) has, because of not being so occupied, suffered a loss of earnings,

the Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the mariner an allowance at the rate of Five shillings per hour in respect of the period that the Deputy Commissioner is satisfied was the period during which the mariner would, but for his attendance, have been occupied in earning his living.”.

Allowance to certain widows.

6.—(1.) Regulation 37 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words “Six pounds” and inserting in their stead the words “Six pounds five shillings”.

(2.) The amendment made by the last preceding sub-regulation applies in relation to an instalment of an allowance falling due on the first pension pay day after the date of commencement of these Regulations and to all subsequent instalments.

7. After Division 5 of Part IV. of the Seamen’s War Pensions and Allowances Regulations the following Division is inserted in Part IV.:—

“Division 6.—Miscellaneous Benefits.

Clothing allowance.

“38A.—(1.) A Deputy Commissioner for Repatriation may grant to an Australian mariner who is in receipt of a pension in respect of a disability described in Column 1 of the following table a clothing allowance at the rate specified, in relation to that disability, in Column 2 of the table:—

Column 1.	Column 2.
Description of Disability.	Rate per fortnight.
	s.	d.
One leg and one arm amputated ......................................	15	0
One leg or one arm amputated .......................................	7	6
Both legs or both arms amputated .....................................	10	0
One leg amputated (where a tilting table artificial limb must be worn) .............	10	0

“(2.) Where a Deputy Commissioner for Repatriation is satisfied that it is necessary for an Australian mariner to whom a clothing allowance at a rate less than Fifteen shillings per fortnight is payable under the last preceding sub-regulation to use a crutch or crutches in addition to any other artificial aid, the Deputy Commissioner may increase the rate of that allowance to Fifteen shillings per fortnight.

“(3.) Where an Australian mariner is in receipt of a pension in respect of a disability, other than a disability referred to in sub-regulation (1.) of this regulation, that results in exceptional wear and tear or damage to the mariner’s clothing, a Deputy Commissioner for Repatriation may grant to the mariner a clothing allowance of such an amount, or at such a rate, as the Deputy Commissioner determines.

“(4.) The amount payable under the last preceding sub-regulation, whether paid in a lump sum or by instalments, shall not, in any period of twelve months, exceed Nine pounds fifteen shillings.

“(5.) An allowance under sub-regulation (3.) of this regulation may be granted to a person entitled to an allowance in respect of a disability referred to in sub-regulation (1.) of this regulation in addition to the allowance payable under sub-regulation (1.) or (2.) of this regulation.

“(6.) For the purposes of this regulation—

(a) a person who has had a hand amputated shall be deemed to have had an arm amputated; and

(b) a person who has had a foot amputated shall be deemed to have had a leg amputated.”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Seamen's War Pensions and Allowances Regulations 1961, introduced under the Seamen’s War Pensions and Allowances Act 1940-1961, aim to provide various forms of support and benefits to Australian mariners who have been incapacitated due to war service. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations were designed to address the specific needs of seamen who have suffered disabilities as a result of their service. The policy objective of these regulations is to ensure that mariners receive adequate financial assistance, medical treatment, and other necessary support during their recovery and rehabilitation. The amendments outlined in these regulations focus on enhancing the support mechanisms for seamen, including adjustments to funeral expenses, the introduction of miscellaneous benefits such as clothing allowances, and the clarification of terms and conditions for various allowances and benefits provided under the act.

Scope and Application

The Seamen's War Pensions and Allowances Regulations 1961 apply to Australian mariners who have sustained disabilities as a result of their war service and to their widows. The scope of the regulations encompasses various allowances and benefits, including sustenance, attendance, and clothing allowances, as well as funeral expenses and miscellaneous benefits. The regulations are made under the Seamen’s War Pensions and Allowances Act 1940-1961, and they provide detailed provisions on the conditions and rates for different types of allowances. The amendments introduced by these regulations include adjustments to the rates of allowances, the addition of new benefits, and clarifications on the administration of existing benefits. These regulations are applicable nationally across Australia, as they are promulgated under Commonwealth authority. The regulations also include specific definitions and criteria for eligibility, as well as provisions for the application and payment of allowances by Deputy Commissioners for Repatriation. The application of these regulations can be extended or restricted through subordinate instruments, which may provide further details or modifications to the allowances and benefits provided.

Key Provisions

The primary operative sections of these Regulations introduce amendments to the Seamen’s War Pensions and Allowances Regulations. The amendments involve changes to existing regulations and the introduction of new provisions. Regulation 3 is amended to include a new Division 6, which pertains to miscellaneous benefits. Regulation 4 modifies the definition of “medical officer” to include a Deputy Commissioner for Repatriation. Regulation 30 is amended to refine the conditions under which a mariner is deemed to be continuing to receive in-patient treatment. Regulation 33 introduces a new sub-regulation allowing for attendance allowances under certain conditions. Regulation 37 adjusts the allowance payable to certain widows. These Regulations impose several obligations and requirements on the parties involved. Firstly, Deputy Commissioners for Repatriation are now responsible for determining the applicability of various allowances and benefits under the amended provisions. For instance, they are tasked with certifying the necessity of in-patient treatment extensions, determining the eligibility for attendance allowances, and deciding on the appropriate rates for clothing allowances. Mariners and their families must satisfy specific conditions to qualify for these benefits, such as proving loss of earnings due to attendance at a designated place or demonstrating exceptional wear and tear on clothing. The Regulations also set out clear criteria for the payment of various allowances. For example, to be eligible for a sustenance allowance during convalescence, a mariner must have been receiving in-patient treatment with the authority of a Deputy Commissioner for Repatriation and must receive a medical certificate stating the required period of convalescence. Similarly, for an attendance allowance, a mariner must prove that they would have been earning their living during the attendance period and that they suffered a loss of earnings due to the attendance. In terms of penalties and consequences for non-compliance, the Regulations do not explicitly state any criminal or civil penalties for breaches of the provisions. However, failure to meet the criteria for allowances or benefits could result in the denial of these payments. This could potentially have financial implications for mariners and their families who rely on these benefits for their livelihood and well-being. The absence of explicit penalties suggests that the primary enforcement mechanism is the administrative review and determination by Deputy Commissioners for Repatriation.

Area of Law: Social Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Offence Provisions; Reporting & Disclosure Obligations; Regulatory Standards

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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.

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