Australian Soldiers' Repatriation Act 1922 (Cth)

 

AUSTRALIAN SOLDIERS’ REPATRIATION.

 

No. 23 of 1922.

An Act to amend sections seven, twenty-two, and forty-four of, and the Second and Fourth Schedules to, the Australian Soldiers’ Repatriation Act 1920–1921, and to provide additional payments for persons suffering from certain specified disabilities.

[Assented to 18th October, 1922.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Soldiers’ Repatriation Act 1922.

 

(2.) The Australian Soldiers’ Repatriation Act 1920–1921 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920–1922.

Power of Commission to hold property.

2.—(1.) Section seven of the Principal Act is amended by inserting in sub-section (2.) thereof after the word “and” (second occurring) the words “may acquire hold and dispose of real and personal property and shall be”.

(2.) This section shall be deemed to have commenced on the date of the commencement of the Australian Soldiers’ Repatriation Act 1920.

Definitions.

3.Section twenty-two of the Principal Act is amended by adding at the end of the definition of “Pension” the words “and includes the amounts and allowances specified in the Fifth Schedule to this Act”.

4. Section forty-four of the Principal Act is repealed and the following section inserted in its stead:—

Offences.

“44.—(1.) Any person who—

(a)makes, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any application for pension;

(b)obtains any pension or instalment of pension which is not payable;

(c) obtains payment of any pension or instalment of pension by means of any false or misleading statement; or

(d)makes or presents to the Minister or the Commission or to any officer doing duty in relation to this Act or the Regulations, any statement or document which is false in any particular,

shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months.

“(2.) Any person convicted of an offence against this section may, in addition to the penalty imposed for the offence, be ordered to repay to the Commission any amount received by him by way of pension in consequence of the act in respect of which he was convicted.

“(3.) In any proceedings for an offence against this section the burden of proving the truth of the statement in respect of which the proceedings have been instituted, or the genuineness of the document presented, shall rest on the person accused.

“(4.) Proceedings under this section may be taken before a Court of summary jurisdiction, and may be commenced at any time within three years after the commission of the offence.”.

Special pensions.

5. The Second Schedule to the Principal Act is amended—

(a)by inserting therein after the words “public expense” the words “except in the case of a pensioner who is an inmate receiving treatment for a short period”; and

 

(b)by adding at the end thereof the following paragraphs:—

“In the case of a member of the Forces who, in consequence of injuries to his spine, is deemed by the Commission to be in need of an attendant, an allowance of Two pounds per fortnight may be granted, except for any period during which he is maintained in an establishment at the public expense.

“For the purpose of this Schedule the words ‘members of the Forces who have been blinded’ shall be deemed to include members of the Forces whose eyesight is in the opinion of the Commission so defective that they have no useful sight.”.

Amendment of Fourth Schedule.

6. The Fourth Schedule to the Principal Act is amended by adding at the end thereof the following proviso:—

“The pension payable to an unmarried member of the Forces afflicted with lunacy shall be held by the Commission and administered by it on behalf of the member in such manner as it thinks fit.”.

Fifth Schedule.

7. The Principal Act is amended by adding after the Fourth Schedule the following Schedule:—

“THE FIFTH SCHEDULE.

In addition to the pension payable under the Fourth Schedule to a member of the Forces, any such member who is suffering from any disability specified in the first column of this Schedule shall receive the amount and allowance shown in the second column of this Schedule opposite the description of the disability:—

Description of Disability.	Amount and Allowance payable per Fortnight.
Two arms amputated................................................	76s., together with an allowance of 80s. per fortnight for an attendant
Two legs and one arm amputated..............................	76s., together with an allowance of 40s. per fortnight for an attendant
Two legs amputated above the knee..........................	76s., together with an allowance of 40s. per fortnight for an attendant in such cases only where two legs have been amputated either at the hip or one at the hip and the other in the upper third
Two legs amputated and loss of eye..........................	76s.
One leg, one arm and an eye.....................................	76s.
One leg and one arm................................................	76s.
One leg amputated above and one leg amputated below the knee..........................................................................	56s.
Two legs amputated below the knee..........................	36s.
One arm amputated and one eye destroyed................	36s.
One leg amputated and one eye destroyed.................	36s.
One leg amputated above the knee............................	17s.
One leg amputated below the knee............................	7s.
One arm amputated above the elbow.........................	17s.
One arm amputated below the elbow.........................	7s.

 

The Fifth Schedule—continued.

Provided that—

(a)where the knee or elbow action is lost, amputation below the knee or below the elbow shall entitle the member to the amount provided for an amputation above the knee or above the elbow, as the case may be;

(b) no person shall be entitled to receive a benefit under both the Second and the Fifth Schedules at one and the same time;

(c) (i) an amount under this Schedule shall not be payable to any member of the Forces who is maintained in an establishment at the public expense except for any short period during which he is an inmate receiving treatment;

(ii) an allowance for an attendant shall not be payable for any period during which a member is maintained in any such establishment; and

(d)