{"id":"F2016L01701","name":"Papua New Guinea (Members of the Forces Benefits) Regulation 2016","slug":"papua-new-guinea-members-of-the-forces-benefits-regulation-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439013,"registerId":"F2016L01701-fast-fetch-1775955194929","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Papua New Guinea (Members of the Forces Benefits) Regulation 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nPapua New Guinea (Members of the Forces Benefits) Regulation 2016\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.\n\nDated 27 October 2016\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nDan Tehan\n\nMinister for Veterans’ Affairs\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Introduction\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Prescribed authority\n\nPart 2—Pensions\n\nDivision 1—Claims for pensions\n\n7 Who may claim pension\n\n8 Application for pension\n\n9 Determination of claims\n\n10 Acceptance of claim subject to conditions\n\nDivision 2—Rates of pensions\n\n11 Rates of pension—general\n\n12 Rate if deceased member had more than one wife\n\n13 Rate if instalment period straddles indexation day\n\n14 Indexation of pension rates\n\n15 Rounding up of rates ending in 5 cents\n\n16 Date from which pension is payable\n\n17 Payment by instalments\n\nDivision 3—Cessation of pensions\n\n18 Cessation of pension payable to dependants of member\n\n19 Cessation of pension payable to widow\n\nPart 3—Assistance and benefits\n\n20 Medical treatment\n\n21 Travelling expenses\n\n22 Decoration allowance\n\n23 Education and training benefits\n\n24 Application for benefits etc.\n\nPart 4—Miscellaneous\n\n25 Appointment of trustee etc.\n\n26 Review of decisions\n\n27 Signature to forms\n\nPart 5—Application, savings and transitional provisions\n\n28 Definitions\n\n29 Pending applications\n\n30 Savings—appointment as trustee\n\n31 Savings—rights of review of decisions\n\nSchedule 1—General pension rates\n\n1 Table A—pensions payable in respect of a deceased member\n\n2 Table B—pensions payable for a member who is totally incapacitated\n\nSchedule 2—Percentage of pension payable for a partially incapacitated member\n\n1 Pensions payable for a member who is partially incapacitated\n\nSchedule 3—Repeals\n\nPapua New Guinea (Members of the Forces Benefits) Regulations 1961\n\n \n\nPart 1—Introduction\n\n \n\n1  Name\n\n  This is the Papua New Guinea (Members of the Forces Benefits) Regulation 2016.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 3 November 2016\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Papua New Guinea (Members of the Forces Benefits) Act 1957.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) member of the Forces;\n\n(b) the Defence Force;\n\n(c) the war.\n\n (1) In this instrument:\n\nAct means the Papua New Guinea (Members of the Forces Benefits) Act 1957.\n\nattendant means a person who has been authorised by the prescribed authority to accompany a member who is travelling for the purpose of obtaining medical treatment.\n\nchild means a child under the age of sixteen years of a member, being the member’s son, daughter, stepson, stepdaughter, adopted child or exnuptial child but does not include an exnuptial child born more than 9 months after the end of the member’s war service unless the member:\n\n (a) has adopted the child; or\n\n (b) married the mother of the child.\n\ndeceased member means a member whose death was due to war service.\n\ndecoration includes a medal and a bar to any decoration or medal.\n\ndependant, in relation to a member, means:\n\n (a) a widow of the member; or\n\n (b) if the member has died, a child of the member.\n\nindexation day means:\n\n (a) for a rate of pension specified in item 2 of Table A of Schedule 1—1 January; or\n\n (b) in any other case:\n\n (i) 20 March; and\n\n (ii) 20 September.\n\nmedical treatment means medicinal, surgical and all other forms of treatment with a view to:\n\n (a) restoring a person to physical or mental health; or\n\n (b) alleviating suffering;\n\nand includes the supply, renewal and repair of artificial replacements, surgical aids and appliances.\n\nmember means a member of the Forces.\n\npartially incapacitated, in relation to a member, means that the member:\n\n (a) is suffering from an incapacity of a kind for which the Commonwealth is liable under section 5 of the Act; and\n\n (b) is not totally incapacitated.\n\npensioner means a person to whom a pension or allowance is payable under the Act or this instrument.\n\ntotally incapacitated, in relation to a member, means either:\n\n (a) the member has been blinded as a result of war service; or\n\n (b) the member:\n\n (i) is totally incapacitated as a result of war service, that is to say, the member’s incapacity from injury or disease that has been accepted as related to the member’s relevant war service is of such a nature as, of itself alone, to render the member incapable of undertaking remunerative work for periods aggregating more than 8 hours per week; and\n\n (ii) is, by reason of incapacity from that injury or disease alone, prevented from continuing to undertake remunerative work that the member was undertaking and is, as a result, suffering a loss of salary or wages, or of earnings on the member’s own account, being a loss that the member would not be suffering if the member were free of that incapacity.\n\nwife means a wife whether by custom or otherwise and includes wives of a polygamous union where those unions are in accordance with recognised custom and where the marriage was contracted before or during the period of service of the member or within fifteen years after his discharge from the Forces.\n\n (2) For the purposes of the definition of totally incapacitated in subsection (1), a member who is incapacitated from injury or disease that has been accepted as related to the member’s relevant war service is not taken to be suffering a loss of salary or wages, or of earnings on the member’s own account, by reason of that incapacity if:\n\n (a) the member has ceased to engage in remunerative work for reasons other than his incapacity from that injury or disease; or\n\n (b) the member is incapacitated, or prevented, from engaging in remunerative work for some other reason.\n\n6  Prescribed authority\n\n  For paragraph 9(4)(a) of the Act and this instrument, the Repatriation Commission is the prescribed authority.\n\nPart 2—Pensions\n\nDivision 1—Claims for pensions\n\n7  Who may claim pension\n\n  A claim for a pension may be made:\n\n (a) by a member, in respect of his own incapacity; or\n\n (b) by a dependant of a member, in respect of the death of the member; or\n\n (c) by a person authorised by the member to act on the member’s behalf; or\n\n (d) by a person authorised by the dependant to act on the dependant’s behalf.\n\n8  Application for pension\n\n (1) A claim for a pension must:\n\n (a) be in the form approved by the prescribed authority; and\n\n (b) be lodged with the prescribed authority.\n\n (2) However, a written application for a pension (otherwise than in the approved form) may be accepted as a claim if:\n\n (a) the prescribed authority so determines; and\n\n (b) the claimant subsequently lodges a claim in the approved form.\n\n9  Determination of claims\n\n (1) The prescribed authority must investigate each claim for a pension and determine:\n\n (a) whether the incapacity or death of a member, in respect of which the pension is claimed:\n\n (i) has resulted from any occurrence that happened during the period of the member’s service in the Defence Forces during the war; or\n\n (ii) has arisen out of, or is attributable to, that service;\n\n (b) whether a person who has claimed to be a dependant is a dependant, and the nature and extent of the dependency; and\n\n (c) subject to Division 2, the rate of pension payable to the claimant.\n\n (2) In investigating the claim, the prescribed authority may request from the claimant or any other person such information as is necessary to enable it to make the determination.\n\n (3) The prescribed authority must inform the claimant whether:\n\n (a) the claim has been allowed, and if so, whether it is subject to one or more conditions; or\n\n (b) the claim has been rejected.\n\n10  Acceptance of claim subject to conditions\n\n  If a claim is subject to one or more conditions, the prescribed authority must inform the claimant of the nature of the condition or conditions.\n\nDivision 2—Rates of pensions\n\n11  Rates of pension—general\n\n (1) For subsection 5(1) of the Act, the fortnightly rate of a pension payable to a person is as follows:\n\n (a) if the pension is payable for a deceased member—the rate specified for the person in Table A of Schedule 1 (indexed in accordance with section 14);\n\n (b) if the pension is payable for a member who is totally incapacitated—the rate specified in Table B of Schedule 1 (indexed in accordance with section 14) (the total incapacity rate);\n\n (c) if the pension is payable for a member who is partially incapacitated:\n\n (i) for a kind of incapacity mentioned in Schedule 2—the rate worked out by applying the percentage mentioned in Schedule 2 for the kind of incapacity to the total incapacity rate; or\n\n (ii) for another kind of incapacity—the percentage of the total incapacity rate determined by the Minister under subsection (2).\n\n (2) The Minister may, by written instrument, determine a percentage for subparagraph (1)(c)(ii), having regard to:\n\n (a) the nature of the member’s incapacity; and\n\n (b) the duration of the member’s incapacity; and\n\n (c) the percentages of the total incapacity rate for the kinds of partial incapacity mentioned in Schedule 2.\n\n12  Rate if deceased member had more than one wife\n\n  If, by recognised custom, a deceased member had, at the time of the member’s death, more than one wife:\n\n (a) each of the wives is taken to be a widow of the member; and\n\n (b) the rate of pension payable for each of the widows for a fortnight, rounded to the nearest multiple of $0.10, is:\n\n![](image.002.png)\n\nwhere:\n\nnumber of widows is the number of wives covered by paragraph (a), less the number of widows (if any) to whom a pension has ceased to be payable under subsection 19(1).\n\nwidow rate is the rate specified for a widow in Table A of Schedule 1 (indexed in accordance with section 14).\n\n13  Rate if instalment period straddles indexation day\n\n (1) This section applies if a pension is payable for a person for a period (the instalment period):\n\n (a) beginning before an indexation day; and\n\n (b) ending on or after the indexation day.\n\n (2) The rate of pension payable to the person for the instalment period, rounded to the nearest multiple of $0.10, is:\n\n![](image.003.png)\n\nwhere:\n\ndaysafter means the number of days in the instalment period on and after the indexation day.\n\ndaysbefore means the number of days in the instalment period before the indexation day.\n\ndaysperiod means the number of days in the instalment period.\n\nnew rate is the rate of pension payable to the person on and after the indexation day.\n\nold rate is the rate of pension payable to the person immediately before the indexation day.\n\n14  Indexation of pension rates\n\n (1) The rates of pension mentioned in Tables A and B of Schedule 1 are indexed on each indexation day for the rate.\n\n (2) This Part has effect on and after an indexation day as if the indexed rate were substituted for the rate in effect on the day before the indexation day.\n\n (3) For a rate (other than the rate specified in item 2 of Table A), the indexed rate, rounded up to the next multiple of $0.10, is:\n\n![](image.004.png)\n\nwhere:\n\nold rate is the rate of pension in effect on the day before the indexation day.\n\npension MBR factor is the pension MBR factor worked out under subsection 59LA(1) of the Veterans’ Entitlements Act 1986.\n\n (4) For the rate specified in item 2 of Table A, the indexed rate, rounded to the nearest multiple of $0.10, is:\n\n![](image.005.png)\n\nwhere:\n\nold rate is the rate of pension in effect on the day before the indexation day.\n\norphan pension factor is the factor worked out under subsections (5) and (6).\n\n (5) Orphan pension factor, rounded to the nearest multiple of $0.10, is worked out using the following formula:\n\n![](image.006.png)\n\nwhere:\n\ncurrent orphan pension rate is the rate of pension under paragraph 30(2)(a) of the Veterans’ Entitlements Act 1986 applicable on the indexation day.\n\nprevious orphan pension rate is the rate of pension under paragraph 30(2)(a) of the Veterans’ Entitlements Act 1986 applicable on the day before the indexation day.\n\n (6) Orphan pension factor is worked out to 3 decimal places but, if the factor would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the factor is to be increased by 0.001.\n\n15  Rounding up of rates ending in 5 cents\n\n  If, before the rounding required by section 12, 13 or 14 (other than subsection 14(3)), an indexed rate under any of those sections would be a multiple of $0.05 but not $0.10, the indexed rate must be rounded up to the nearest multiple of $0.10.\n\n16  Date from which pension is payable\n\n  The prescribed authority may approve the payment of a pension from a date not more than 3 months before the date of lodgement of the claim for pension.\n\n17  Payment by instalments\n\n  Pensions are payable in such instalments as the prescribed authority determines, and may be paid in advance.\n\nDivision 3—Cessation of pensions\n\n18  Cessation of pension payable to dependants of member\n\n (1) If:\n\n (a) a pension is payable to a dependant of a member; and\n\n (b) the dependant is under 16 years of age when the pension starts being paid to him or her;\n\npayment of the pension ceases upon the dependent turning 16 years of age.\n\n (2) If:\n\n (a) a pension is payable to a dependant of a member (not being a person who was a dependant of a deceased member); and\n\n (b) the dependant is 16 years of age or over when the pension starts being paid to him or her;\n\npayment of the pension ceases when, in the opinion of the prescribed authority, the dependant ceases to be a dependant.\n\n (3) If a pension is payable to a dependant of a deceased member, payment of the pension ceases when the prescribed authority is satisfied that the dependant would, if the deceased member were still alive, have ceased to be a dependant.\n\n19  Cessation of pension payable to widow\n\n (1) A pension payable to a widow of a member ceases upon the widow’s remarriage.\n\n (2) However, despite subsection (1), if the prescribed authority determines that a widow of a deceased member who remarries should not, by reason of that remarriage, having regard to recognised custom and the circumstances of the particular case, be deemed to have ceased to be a dependant of that member, the prescribed authority may determine that the pension payable to that widow is to continue.\n\nPart 3—Assistance and benefits\n\n \n\n20  Medical treatment\n\n  The prescribed authority may provide medical treatment for a member in respect of an incapacity due to war service.\n\n21  Travelling expenses\n\n  If it is necessary for a member, who is eligible for medical treatment under this Part, to travel in order to obtain that medical treatment, the prescribed authority may grant:\n\n (a) the fares and travelling allowances for the journey (including the return part of the journey) incurred by the member; and\n\n (b) if it is necessary for the member to be accompanied by an attendant—the fares and travelling allowances for the journey (including the return part of the journey) incurred by the attendant.\n\n22  Decoration allowance\n\n (1) If a member was awarded a decoration in respect of the member’s service during the war, the member is entitled to payment of a gratuity, annuity, allowance or addition to pension.\n\n (2) The gratuity, annuity, allowance or addition to pension is payable at the same rate, and in accordance with the same conditions as are prescribed from time to time by or under the Veterans’ Entitlements Act 1986, in respect of a person to whom that Act applies.\n\n23  Education and training benefits\n\n  A person, whether or not under 16 years of age, who is a child of:\n\n (a) a deceased member; or\n\n (b) a totally and permanently incapacitated member; or\n\n (c) a blind member;\n\nis eligible for the grant of educational and training facilities.\n\n24  Application for benefits etc.\n\n (1) An application for benefit, advantage or assistance must:\n\n (a) be in the form approved by the prescribed authority; and\n\n (b) be lodged with the prescribed authority.\n\n (2) However, a written application for benefit, advantage or assistance (otherwise than in the approved form) may be accepted as an application if:\n\n (a) the prescribed authority so determines; and\n\n (b) the claimant subsequently lodges an application in the approved form.\n\nPart 4—Miscellaneous\n\n \n\n25  Appointment of trustee etc.\n\n (1) This section applies if:\n\n (a) the prescribed authority is satisfied that, having regard to the age, infirmity, ill‑health or improvidence of a pensioner, it is expedient that payment of a pension, allowance or monetary benefit payable to the pensioner should be made to another person on behalf of, or as trustee of, the pensioner; or\n\n (b) a pensioner consents to payment of a pension, allowance or monetary benefit payable to the pensioner being made to another person on behalf of, or as trustee of, the pensioner.\n\n (2) The prescribed authority may, by instrument in writing:\n\n (a) authorise payment of the pension, allowance or monetary benefit to be made to another person on behalf of the pensioner; or\n\n (b) appoint a person to be the trustee, or itself assume the office of trustee, of the pensioner in respect of the pension, allowance or monetary benefit.\n\n (3) If the prescribed authority has appointed a person to be the trustee, or has itself assumed the office of trustee, of a pensioner in respect of a pension, allowance or monetary benefit, the pension, allowance or monetary benefit:\n\n (a) may be paid to the person so appointed, or the prescribed authority, as the case may be; and\n\n (b) may, subject to the directions of the prescribed authority, be disbursed or accumulated by the person so appointed or the prescribed authority, as the case may be, for the benefit of:\n\n (i) the pensioner; or\n\n (ii) a dependant of the member; or\n\n (iii) a person who is or has been dependent on the pensioner.\n\n (4) The prescribed authority may, by instrument in writing, revoke an authorisation or appointment, or an assumption of the office of trustee.\n\n26  Review of decisions\n\n  A person may apply to the Administrative Appeals Tribunal for review of the following decisions:\n\n (a) a decision by the prescribed authority under section 9 that a person’s claim has been rejected;\n\n (b) a decision by the prescribed authority under section 9 that a person’s claim has been allowed subject to one or more conditions;\n\n (c) a determination by the Minister under subsection 11(2) of the percentage of the total incapacity rate payable to a member who is partially incapacitated;\n\n (d) a decision by the prescribed authority under section 18 or 19 that a pension is no longer payable to a person;\n\n (e) a decision by the prescribed authority under section 21 that travelling expenses, or travelling expenses of a particular amount or kind, not be provided to a member or an attendant;\n\n (f) a decision by the prescribed authority under section 22 that a member is not entitled to a gratuity, annuity, allowance or addition to a pension;\n\n (g) a decision by the prescribed authority under section 22 about the amount or rate of a gratuity, annuity, allowance or addition to a pension payable under that section;\n\n (h) a decision by the prescribed authority under section 23 that a person is not eligible for the grant of educational and training facilities.\n\nNote: A person affected by a reviewable decision must be given notice of the person’s review rights, see section 27A of the Administrative Appeals Tribunal Act 1975.\n\n27  Signature to forms\n\n (1) If, under this instrument, a form is required to be signed by a person, the person must sign the form with the person’s personal signature.\n\n (2) If a person is unable to sign his or her name in writing, the person may make a mark as his or her signature. The mark is taken to be the person’s personal signature if:\n\n (a) it is identifiable as such; and\n\n (b) it is made in the presence of a witness who signs the form as a witness.\n\nPart 5—Application, savings and transitional provisions\n\n \n\n28  Definitions\n\n  In this Part:\n\ncommencement means the day this instrument commences.\n\nold law means the Papua New Guinea (Members of the Forces Benefits) Regulations 1961, as in force immediately before the day this instrument commences.\n\n29  Pending applications\n\nPending applications for a pension\n\n (1) If:\n\n (a) a person made a claim for a pension under regulation 6 of the old law; and\n\n (b) the claim had not be determined by the prescribed authority before commencement;\n\nthe claim is taken to be made under section 8 of this instrument.\n\nPending applications for benefit, advantage or assistance\n\n (2) If:\n\n (a) a person applied for benefit, advantage or assistance under regulation 19 of the old law; and\n\n (b) the application had not be determined by the prescribed authority before commencement;\n\nthe application is taken to be made under section 24 of this instrument.\n\n30  Savings—appointment as trustee\n\n  If:\n\n (a) a person was appointed by the prescribed authority to be a trustee under regulation 20 of the old law; and\n\n (b) the appointment was in force immediately before commencement;\n\nthen, the person is taken to have been duly appointed by the prescribed authority on commencement under section 25 of this instrument.\n\n31  Savings—rights of review of decisions\n\n  Despite the repeal of the old law by Schedule 3 of this instrument, an application may be made to the Administrative Appeals Tribunal under regulation 21 of the old law for review of:\n\n (a) a decision by the prescribed authority made before commencement under a provision of the old law if, at commencement, the period for making an application for review has not ended; or\n\n (b) a decision by the Minister made before commencement under a provision of the old law if, at commencement, the period for making an application for review has not ended.\n\nSchedule 1—General pension rates\n\nNote: See subsection 11(1) and section 12.\n\n \n\n \n\n1  Table A—pensions payable in respect of a deceased member\n\n  The following table specifies the rate of pension payable in respect of a deceased member.\n\n \n\n- Table A—Pensions payable in respect of a deceased member\n- Item Class of persons eligible for pension Rate of pension payable per fortnight ($)\n- 1 Widow of member 794.80\n- 2 Dependant of member under 16 years of age 99.20\n- 3 Any other dependant of member 6.20\n\n\n \n\nNote: The rate of pension is indexed in accordance with section 14.\n\n2  Table B—pensions payable for a member who is totally incapacitated\n\n  The following table specifies the rate of pension payable in respect of a member who is totally incapacitated.\n\n \n\n- Table B—Pensions payable for a member who is totally incapacitated\n- Item Class of persons eligible for pension Rate of pension payable per fortnight ($)\n- 1 Member 1,320.00\n\n\n \n\nNote: The rate of pension is indexed in accordance with section 14.\n\nSchedule 2—Percentage of pension payable for a partially incapacitated member\n\nNote: See subparagraph 11(1)(c)(i).\n\n  \n\n \n\n1  Pensions payable for a member who is partially incapacitated\n\n  The following table specifies the percentage of the total incapacity rate of pension, specified in Table B of Schedule 1, payable to a person with a kind of incapacity mentioned in the table.\n\n \n\n- Percentage of pension payable for partially incapacitated member\n- Item Kind of incapacity Percentage (%)\n- 1 Loss of 2 or more limbs 100\n- 2 Loss of both eyes 100\n- 3 Loss of one eye, together with loss of one leg, foot, hand or arm 100\n- 4 Loss of both arms 100\n- 5 Loss of both legs 100\n- 6 Loss of both feet 100\n- 7 Loss of both hands 100\n- 8 Loss of hand and foot 100\n- 9 Loss of all fingers and thumbs 100\n- 10 Amputation of leg at hip, or arm at shoulder joint 80\n- 11 Severe facial disfigurement 80\n- 12 Total loss of speech 80\n- 13 Loss of leg or foot 75\n- 14 Loss of arm or hand 75\n- 15 Total deafness 70\n- 16 Loss of vision in one eye 50\n\n\n \n\nSchedule 3—Repeals\n\n \n\nPapua New Guinea (Members of the Forces Benefits) Regulations 1961\n\n1  The whole of the Regulations\n\nRepeal the Regulations.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation maintains the original scope of the 1957 Act — providing benefits for PNG WWII veterans and dependants. The 2016 version is a consolidation and modernisation of the 1961 regulations, not an expansion. The subject matter (pensions, medical treatment, education benefits) remains consistent with the original legislative intent, though administrative mechanisms have been updated."},"complexity_factors":["Moderate cross-referencing to the Veterans' Entitlements Act 1986 for indexation calculations and decoration allowances","Mathematical formulas for pension calculations including indexation adjustments, rounding rules, and polygamous pension divisions (sections 12-14)","Nested definitions with conditions — notably the definition of 'totally incapacitated' which contains multiple sub-conditions and a specific exclusion clause (section 5)","Dual indexation schedules — different dates for different pension rates (January for orphans, March/September for others)","Savings and transitional provisions preserving rights under the repealed 1961 regulations (Part 5)","16 specific percentage rates for partial incapacity in Schedule 2, plus Ministerial discretion for unlisted conditions"],"plain_english_summary":"This regulation creates a modern benefits scheme for Papua New Guinean veterans who served with Australian forces in WWII and their dependants, replacing outdated 1961 rules. It provides indexed pensions, medical care (including travel), education and training for eligible children, and decoration allowances; recognises customary (including polygamous) marriages, allows limited backdating, trustee payments, and review rights. It clears access barriers and ensures benefits keep pace with contemporary veterans’ entitlements."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument replaces and modernises the 1961 Regulations (Schedule 3) without materially expanding the categories of persons eligible or the types of benefits provided. Changes are primarily administrative and technical: updated monetary rates in Schedule 1, detailed indexation and rounding rules tied to the Veterans’ Entitlements Act (s 14), clarified application and trustee procedures (ss 8, 25), and transitional provisions to carry legacy matters forward (Part 5). There is no clear enlargement of substantive scope beyond the original purpose of providing pensions and related assistance for PNG members of the Forces and their dependants; instead, the regulation updates mechanics and administrative discretions."},"complexity_factors":["Replacement of earlier regulations (Schedule 3) and transitional savings (Part 5)","About 15–20 defined terms in s 5 (multiple cross‑references to Act definitions)","Two schedules containing numeric tables (Schedule 1 Tables A & B; Schedule 2)","Indexation formulae referencing external legislation (pension MBR factor under s 59LA of the Veterans’ Entitlements Act 1986) (s 14)","Rounding rules and special rounding exception for 5‑cent endings (ss 13–15)","Discretionary Ministerial power to set percentages for unlisted partial incapacities (s 11(2))","Administrative discretion concentrated in the prescribed authority (investigation, acceptance of non‑standard forms, trustee appointments, cessation decisions) (ss 8–10, 25)","Special formula for dividing widow pension among multiple wives by customary union (s 12)","AAT review rights for a defined list of reviewable decisions (s 26)","Transitional carry‑over of pending applications and trustee appointments (ss 29–31)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Replaces the Papua New Guinea (Members of the Forces Benefits) Regulations 1961 with a modernised set of rules about benefits for Papua New Guinean members of the Forces and their dependants under the Papua New Guinea (Members of the Forces Benefits) Act 1957 (see Schedule 3 repeal). (See Schedule 3 and Part 1.)\n\n- Names the decision‑maker and administration rules: the Repatriation Commission is the prescribed authority that receives and decides claims, manages payments and can appoint trustees (s 6; ss 7–10; s 25). The Minister may set percentages for certain partial incapacity pensions (s 11(2)).\n\n- Sets who may claim and how to apply: members, dependants, or authorised representatives can lodge claims in an approved form (ss 7–8). The prescribed authority must investigate and decide whether the injury or death is attributable to war service and determine dependency and the pension rate (s 9). Decisions that reject or condition claims are to be notified (s 9(3)).\n\n- Specifies pension rates, how to calculate partial incapacity pensions, indexation, rounding and timing of payments: fortnightly base rates are listed in Schedule 1 (Tables A and B) and partial incapacity percentages are in Schedule 2. Indexation rules reference pension indexation factors from the Veterans’ Entitlements Act 1986 and set precise rounding rules and treatment of instalments that straddle indexation days (ss 11–16; Schedule 1; Schedule 2).\n\n- Provides rules for cessation of pensions: child pensions generally stop at age 16, pensions for dependants cease when they no longer qualify (s 18), and widow’s pensions ordinarily cease on remarriage (s 19) but the prescribed authority can make exceptions where recognised custom and circumstances justify continuation (s 19(2)).\n\n- Lists additional assistance and benefits the prescribed authority may provide: medical treatment related to war service, travelling expenses (including for an authorised attendant) to obtain treatment, decoration allowances aligned with rates under the Veterans’ Entitlements Act, and eligibility for education and training for certain children (ss 20–23).\n\n- Allows the prescribed authority to appoint a trustee (or act as trustee) to receive and manage payments for a pensioner on grounds of age, infirmity, improvidence or with the pensioner’s consent (s 25).\n\n- Provides review rights: certain administrative and ministerial decisions under this regulation may be reviewed by the Administrative Appeals Tribunal (s 26). Transitional provisions carry over pending applications and existing trustee appointments from the old regulations (Part 5).\n\n\n**Who is affected**\n\n- Primary beneficiaries: Papua New Guinean members of the Forces who suffered injury or disease attributable to war service, widows and children (dependants) of members whose death was due to war service (definitions in s 5 and Part 2; Schedule 1 & 2).\n\n- Decision‑makers and administrators: the Repatriation Commission (the prescribed authority) and the Minister (for percentage determinations under s 11(2)).\n\n- Potential intermediaries: appointed trustees and attendants authorised to accompany members for medical treatment (s 25; definition of attendant at s 5).\n\n- The Commonwealth (budgetary payer): benefit payments and administrative costs are borne by the Commonwealth under the enabling Act (see s 3 authority to the Act and provisions throughout).\n\n\n**Why it matters — stated purpose and practical effects**\n\n- Stated purpose in effect: to set administrative procedures, payment levels and benefit rules for war‑service related pensions and assistance for Papua New Guinea members of the Forces and their dependants, and to modernise and replace the 1961 regulations (Schedule 3; Part 5 transitional provisions).\n\n- Practical effects and mechanisms to note:\n  - Monetary benefits are fixed by schedules (Schedule 1) and then adjusted automatically by indexation rules that link to factors in the Veterans’ Entitlements Act 1986 (s 14). That links these PNG benefits to an external indexation mechanism rather than leaving adjustment entirely to ad hoc ministerial decisions.\n  - The Minister has a discretionary role to set percentages for partial incapacity not listed in Schedule 2 (s 11(2)). That creates case‑by‑case discretion and potential variation in awards for non‑listed incapacities.\n  - Administrative discretion is concentrated in the prescribed authority (Repatriation Commission) for determining causation, dependency, continuation or cessation of pensions, acceptance of non‑standard claim forms, appointment or revocation of trustees, and the grant or refusal of non‑monetary benefits (ss 8–10, 12, 15, 20–25).\n  - There are explicit rules for polygamous situations recognised by custom: where a deceased member had multiple wives by recognised custom, each qualifying wife can be paid a share of the widow pension according to the formula in s 12.\n\n\n**Costs, incentives, trade‑offs and implementation considerations**\n\n- Who pays: the Commonwealth (payments are benefits under the 1957 Act administered via this regulation). The beneficiaries are a relatively concentrated group (war service members and their dependants); costs are therefore concentrated in beneficiary payments and diffuse across taxpayers.\n\n- Administrative cost and compliance burden: claimants must use approved forms and lodge claims with the prescribed authority (ss 8, 24). The prescribed authority may accept other written applications, but it is discretionary (ss 8(2), 24(2)). Investigation duties (s 9) create administrative workload for the Commission, especially where causation or dependency is contested.\n\n- Discretion and decision risk: several provisions vest significant judgment in the prescribed authority (causation, dependency, continuation on remarriage, trustee appointments). That concentrates decision power and creates customary administrative risk: need for clear procedures, record‑keeping, and possible review applications to the Administrative Appeals Tribunal (s 26).\n\n- Indexation dependency and budget predictability: indexation links to the Veterans’ Entitlements Act factors (s 14), which brings predictability but also ties the PNG scheme’s cost trajectory to changes in those external measures.\n\n- Incentives for claim behaviour: the regulation permits retrospective payment from up to 3 months before lodgement (s 16), which may encourage prompt lodgement but also incentivise claims where treatment or dependency dates are uncertain.\n\n- Distributional mechanics and cultural sensitivity: the regulation recognises customary polygamous unions for pension sharing (s 12) and allows the Commission to preserve widow pensions after remarriage on recognised custom grounds (s 19(2)). Those provisions require the Commission to evaluate cultural facts and may add complexity to decision‑making.\n\n\n**Key statutory references (mechanical anchors)**\n\n- Definitions and authority: s 5 (definitions); s 6 (prescribed authority).  \n- Claims and administration: ss 7–10.  \n- Rates, partial incapacity and indexation: ss 11–16; Schedule 1 (Tables A & B); Schedule 2 (percentages).  \n- Cessation rules: ss 18–19.  \n- Benefits and assistance: ss 20–23.  \n- Trustee appointment: s 25.  \n- Review rights: s 26.  \n- Transitional and repeal: Part 5 (ss 28–31) and Schedule 3.\n\n\n**Bottom line**\n\nThis regulation sets the operational rules—who may claim, how claims are decided, what payments are made and how they grow over time, and what non‑monetary assistance is available—for PNG members of the Forces and their dependants under the 1957 Act. It concentrates administration in the Repatriation Commission, ties pension indexation to existing veterans’ indexation mechanisms, preserves culturally specific treatments (e.g. customary polygamy), and carries forward pending matters and trustee appointments from the prior 1961 regulations (Part 5)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/papua-new-guinea-members-of-the-forces-benefits-regulation-2016","history":"/api/acts/papua-new-guinea-members-of-the-forces-benefits-regulation-2016/history","analysis":"/api/acts/papua-new-guinea-members-of-the-forces-benefits-regulation-2016/analysis","conflicts":"/api/acts/papua-new-guinea-members-of-the-forces-benefits-regulation-2016/conflicts","importantCases":"/api/acts/papua-new-guinea-members-of-the-forces-benefits-regulation-2016/important-cases","documents":"/api/acts/papua-new-guinea-members-of-the-forces-benefits-regulation-2016/documents"}}