Statutory Rules
1973 No. 290
REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1973.*
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 1940-1973.
Dated this eighteenth day of December, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
C. K. JONES
Minister of State for Transport.
Amendments of the Seamen’s War Pensions and Allowances
Regulations†
Meal allowances.
1. Regulation 7a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the table and substituting the following table:—
Meal | Allowance |
|
|
Breakfast........................................... | One dollar thirty-five cents |
Midday meal......................................... | One dollar fifty cents |
Evening meal........................................ | Two dollars ninety cents |
2. Regulation 26a of the Seamen’s War Pensions and Allowances Regulations is repealed and the following regulation substituted:—
Medical treatment for disabilities not due to war service.
“ 26a. A Deputy Commissioner for Repatriation may, subject to such conditions as the Commission determines, provide medical treatment in respect of a disease, disability or condition that is not due to war service for an Australian mariner who is, or would, but for a direction under section 53a of the Act, be in receipt of a pension at a rate not less than the appropriate rate in relation to the mariner specified in column 3 of the table in Schedule 1 to the Act.”.
* Notified in the Australian Government Gazette on 19 December 1973.
† 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 and 84.
3. After regulation 26a of the Seamen’s War Pensions and Allowances Regulations the following regulation is inserted:—
Additional medical treatment far mariners.
“ 26b. (1) A Deputy Commissioner for Repatriation may, subject to such conditions as the Commission from time to time determines, provide medical treatment in a hospital or other institution referred to in section 120d of the Repatriation Act 1920-1973 for an Australian mariner in respect of a disease, disability or condition for which that mariner is not otherwise eligible for medical treatment under these Regulations.
“ (2) Medical treatment may be provided under this regulation only if the provision of such treatment does not adversely affect the provision of medical treatment for which any person is eligible under any other provision of these Regulations or under the provisions of—
(a) the Repatriation Regulations, other than regulation 66a or 66b;
(b) the Interim Forces Benefits Regulations, other than regulation 7a;
(c) the Repatriation (Far East Strategic Reserve) Regulations, other than regulation 32a; or
(d) the Repatriation (Special Overseas Service) Regulations, other than regulation 32a,
as in force for the time being.”.
4. Regulation 29 of the Seamen’s War Pensions and Allowances Regulations is repealed and the following regulation substituted:—
Surgical aids.
“ 29. (1) Where a Deputy Commissioner for Repatriation or a medical officer considers that the renewal of, or repairs to, an artificial replacement, surgical or other aid or appliance, has or have been rendered necessary by the carelessness or wilful act of the person using or wearing the replacement, aid or appliance, the Deputy Commissioner may—
(a) refuse to arrange for the necessary renewal of, or repairs to, the replacement, aid or appliance; or
(b) arrange for the renewal of, or repairs to, the replacement, aid or appliance and direct that payment for such renewal or repairs, as the case may be, shall be made in accordance with sub-section (2) of section 59 of the Act.
“ (2) Except as otherwise determined by the Commission, any artificial replacement, surgical or other aid or appliance supplied to a person under this Division, shall remain the property of the Commission, and the Commission may, at any time, if not satisfied that the replacement, aid or appliance is being put to proper use, require its return.”.
5. After regulation 29 of the Seamen’s War Pensions and Allowances Regulations the following regulation is inserted:—
Charges for treatment.
“ 29a. Where medical treatment is provided to a person under these Regulations and—
(a) the person (whether before, during or after the provision of the treatment) recovers or receives; or
(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies the person that he is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,
the whole or a part of the cost of the treatment, by way of damages or compensation, from another person, payment for that treatment shall be made in accordance with sub-section (2) of section 59 of the Act.”.
Sustenance allowance while undergoing medical treatment, &c.
6. Regulation 30 of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from sub-regulation (1) the words “ the First Schedule ” (wherever occurring) and substituting the word and figure “ Schedule 1 ”;
(b) by omitting from sub-regulation (1) the words “ the Fifth Schedule ” and substituting the word and figure “ Schedule 5 ”; and
(c) by omitting sub-regulation (2).
Allowance to certain widows.
7. Regulation 37 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words “ Seventeen dollars ” and substituting the words “ Nineteen dollars ”.
Clothing allowances.
8. (1) Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the table from sub-regulation (1) and substituting the following table:—
Column 1 | Column 2 |
Description of Disability | Rate per fortnight |
|
|
| $ |
One leg and one arm amputated........................................ | 2.10 |
One leg or one arm amputated......................................... | 1.10 |
Both legs or both arms amputated....................................... | 1.40 |
One leg amputated (causing essential hip disarticulation)....................... | 1.40 |
(2) Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended—
(a) by omitting from sub-regulation (2) the words “ One dollar seventy cents ” (wherever occurring) and substituting the words “ Two dollars ten cents ”; and
(b) by omitting from sub-regulation (4) the words “ Twenty-two dollars ten cents ” and substituting the words “ Twenty-eight dollars sixty cents ”.
Commencement and application.
9. (1) The amendments made by regulations 2, 3 and 6 shall be deemed to have come into operation on the date of commencement of the Seamen’s War Pensions and Allowances Act (No. 2) 1973.
(2) The amendments made by regulations 7 and 8 apply in relation to instalments of allowances that fell due on the first pension pay day after the date of commencement of the Seamen’s War Pensions and Allowances Act (No. 2) 1973, and to all subsequent instalments.