Seamen's War Pensions and Allowances Regulations (Amendment)

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Statutory Rules

1977 No. 170

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

I, THE GOVERNOR-GENERAL of 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.

Dated this twenty-second day of September 1977.

JOHN R. KERR

Governor-General

By His Excellency’s Command,

R. V. GARLAND

Minister of State for Veterans’ Affairs

____________

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

Commencement

1. These Regulations shall come into operation on 1 October 1977.

Parts

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 Regulation 3 of the Seamen’s War Pensions and Allowances Regulations is repealed.

* Notified in the Commonwealth of Australia Gazette on 29 September 1977.

† 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; 1973, Nos. 27, 35, 84 and 290; and 1975, No. 97.

Interpretation

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

(a) by inserting after the definition of “ claimant ” the following definition:

“ ‘ Deputy Commissioner ’ means a person for the time being performing the duties of Deputy Commissioner in the Department and, in relation to a State, means the Deputy Commissioner for that State;”;

(b) by omitting “ for Repatriation or who is employed in the Repatriation Department ” from the definition of “ medical officer ” and substituting “ or who is employed in the Department ”; and

Declarations by claimants

4. Regulation 8 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by omitting paragraph (b); and

(b) by omitting from paragraph (d) “ Repatriation ”.

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 Regulation 10 of the Seamen’s War Pensions and Allowances Regulations is repealed and the following regulations are substituted:

Appropriate address

“ 9. For the purposes of paragraph 58b (b) of the Act, the appropriate address to which a person who resides in a place referred to in column 2 of the following table in an item in the table may forward a claim, application, notification or other document to the Secretary is the address, or any address, of the Department in the Australian Capital Territory or the address referred to in column 3 of the table in that item:

Column 1	Column 2	Column 3
Item	Place of residence	Appropriate address
1.	An overseas country other than Eire, Fiji, New Zealand or Papua New Guinea	The office of an Australian Consular Officer or Australian Diplomatic Officer, as defined by the Consular Fees Act 1955, exercising his functions in relation to the place in which the person resides
2.	Eire..................	The Australian High Commission, London, United Kingdom
3.	Fiji...................	The Secretary, War Pensions Board, The Treasury, Suva, Fiji
4.	New Zealand............	The Director-General, Department of Social Welfare, Wellington, New Zealand
5.	Papua New Guinea	Department of Veterans’ Affairs, Brisbane, Australia
6,	Australian Capita! Territory	Department of Veterans’ Affairs, Sydney, New South Wales
7.	Jervis Bay Territory	Department of Veterans’ Affairs, Sydney, New South Wales

Column 1	Column 2	Column 3
Item	Place of residence	Appropriate address
8.	Norfolk Island...........	Department of Veterans’ Affairs, Sydney, New South Wales
9.	Northern Territory.........	Department of Veterans’ Affairs, Adelaide, South Australia
10.	Territory of Christmas Island	Department of Veterans’ Affairs, Perth, Western Australia
11.	Territory of Cocos (Keeling) Islands	Department of Veterans’ Affairs, Perth, Western Australia

Action on receipt of claims

“ 10. Where a claim is lodged with the Department, a Deputy Commissioner shall cause the date on which it was lodged to be recorded on the claim.”.

Payment of undrawn instalment of pension of deceased pensioner

6. Regulation 18 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by omitting from sub-regulation (1) “ for Repatriation ”; and

(b) by omitting from sub-regulation (2) “ for Repatriation ” (wherever occurring).

Manner of making applications

7. Regulation 19 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ Deputy Commissioner for Repatriation ” and substituting “ the Secretary ”.

Appeals

8. Regulation 22 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1) “ for Repatriation ”.

Purpose of benefit and ability of applicant

9. Regulation 23 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulations (1) and (2) “ for Repatriation ”.

Authority to pay to agent

10. Regulation 24 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ” (wherever occurring).

Treatment for war disabilities

11. Regulation 26 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ”.

Medical treatment for disabilities not due to war service

12. Regulation 26a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “for Repatriation”.

Additional medical treatment for mariners

13. Regulation 26b of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1) “ for Repatriation ”.

Non-liability where treatment not granted

14. Regulation 28 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ”.

Surgical aids. &c.

15. Regulation 29 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1) “ for Repatriation ”.

Sustenance allowance daring medical treatment, &c.

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

(a) by omitting from sub-regulations (1), (2a), (3) and (3a) “ for Repatriation ”; and

(b) by omitting from paragraph (b) of sub-regulation (3a) “ Repatriation ”.

Sustenance allowance during investigation

17. Regulation 31 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulations (1) and (2) “ for Repatriation ”.

Expenses of travelling for medical treatment or pension purposes

18. Regulation 32 of the Repatriation Regulations is amended by omitting from sub-regulations (1), (2) and (3) “ for Repatriation ”.

Attendance allowance

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

(a) by omitting from sub-regulation (1) “ for Repatriation ” (first occurring);

(b) by omitting from paragraph (a) of sub-regulation (1) “ of Repatriation ”;

(d) by omitting from paragraphs (c) and (d) of sub-regulation (1) “ of Repatriation ”.

Medical treatment for widows, &c.

20. Regulation 34 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (1) “ for Repatriation ”.

Expenses of travelling for medical treatment by eligible persons

21. Regulation 34a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulations (1), (2) and (3) “ for Repatriation ”.

Funeral expenses

22. Regulation 38 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ”.

Clothing allowance

23. Regulation 38a of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulations (1), (2) and (3) “ for Repatriation ”.

Investigation of grant of pension

24. Regulation 39 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting “ for Repatriation ”.

Review of benefits

25. Regulation 40 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by omitting from sub-regulation (1) “ for Repatriation ” (wherever occurring); and

(b) by omitting from sub-regulation (2) “ for Repatriation ”.

Death of pensioner or grantee

26. Regulation 42 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (2) “ for Repatriation ”.

Exercise by Commission of powers of Deputy Commissioner

27. Regulation 43 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by omitting from sub-regulation (1) “ for Repatriation ”; and

(b) by omitting from sub-regulation (2) “ for Repatriation ” (wherever occurring).

Overview

Statutory Rules 1977 No. 170, enacted under the Seamen’s War Pensions and Allowances Act 1940, addresses the need to update and streamline the administrative processes concerning war pensions and allowances for seamen. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and it amends the Seamen’s War Pensions and Allowances Regulations. The primary objective of these amendments is to refine the definitions, procedural requirements, and administrative practices related to the claims and benefits process for seamen who are eligible for war pensions and allowances. This includes updating the contact points for claims, adjusting the treatment of medical benefits, and removing outdated references to the Repatriation Department, aligning with the transition to the Department of Veterans' Affairs.

Scope and Application

The Seamen’s War Pensions and Allowances Regulations 1977 applies to individuals who have served in the naval forces of Australia and their dependents, aiming to provide financial support and assistance related to war service. This regulation, operating under the Seamen’s War Pensions and Allowances Act 1940, pertains to both current and former seamen and their families. The regulations cover a wide array of benefits including war pensions, medical treatment, and allowances for disabilities incurred during service, as well as support for widows and orphans. The scope of these regulations extends across Australia, including its territories and overseas locations where Australian seamen may reside. The application of these regulations is inclusive of all individuals eligible under the Act, with specific attention to the geographic locations where claims and applications may be submitted. The regulations provide for various exclusions and thresholds that determine eligibility and the extent of benefits, and they are subject to amendments through subordinate instruments to adapt to changing circumstances and needs.

Key Provisions

These Regulations amend the Seamen's War Pensions and Allowances Regulations (C1961L0105) by repealing Regulation 3 and amending several other regulations. These amendments take effect on 1 October 1977. The changes primarily involve the removal of references to "Repatriation" and updating definitions related to officials within the Department. For instance, Regulation 3 amends the definition of "Deputy Commissioner" and removes the definition of "Registrar". Claimants must now declare certain information in accordance with the amended Regulation 8, and Regulation 10 has been repealed, providing a new table detailing the appropriate address for submitting claims based on the claimant's residence. The obligations imposed by these Regulations include ensuring that claims are properly recorded upon receipt (Regulation 10), and that payments are made for undrawn pension instalments of deceased pensioners (Regulation 18). Claimants must also follow the specified procedures for making applications, appealing decisions, and obtaining various allowances and treatments (Regulations 19, 22, 23, 24, 26, 26a, 26b, 28, 29, 30, 31, 32, 33, 34, 34a, 38, 38a, 39, 40, 42, 43). These obligations ensure that the benefits and services provided under the Seamen’s War Pensions and Allowances Act 1940 are administered efficiently and fairly. Breach of these Regulations can lead to civil or criminal consequences. Although the specific penalties are not detailed in the Regulations themselves, breaches of related Acts or Regulations can result in fines and imprisonment under Australian law. For example, providing false information in a claim can be considered fraud, which carries penalties including fines of up to $22,200 and imprisonment for up to five years under the Crimes Act 1914 (Cth). The precise penalties for breaches of these Regulations would be determined by the courts based on the nature and severity of the breach.

Area of Law: Veterans' Affairs
Instrument: Regulation
Concepts: Commencement Provisions; Definitions & Interpretation; Reporting & Disclosure Obligations

Interactions

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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