• Specific Year
    Any

SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS (AMENDMENT) 1993 NO. 16

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.

Download

No downloadable files available