Australian Soldiers' Repatriation Regulations 1918 (Cth)

STATUTORY RULES.

1918. No. 88.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the Australian Soldiers’ RepatriationAct 1917, to come into operation on the 8th day of April, 1918.

Dated this twenty-sixth day of March, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN,

Minister of State for Repatriation.

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Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Australian Soldiers’ Repatriation Regulations 1918.

Parts.

2. These Regulations are divided into parts as follows:—

Part I.—Preliminary.

„ II.—General.

„ III.—Local Committees.

„ IV.—Soldiers’ Industrial Committees.

„ V.—Sustenance Allowances.

„ VI.—Surgical and Medical Treatment.

„ VII.—Businesses, Furniture and Equipment.

„ VIII.—Transportation.

„ IX.—Miscellaneous.

D

3. In these Regulations, unless the contrary intention appears—

“Applicant” means a person applying for assistance and benefits under the Act;

“Comptroller” means the Comptroller of Repatriation appointed under the Act;

“Dependants” means such dependants of an Australian soldier as are entitled to assistance and benefits under the Act;

“Deputy Comptroller” means the Deputy Comptroller of Repatriation for a State appointed under the Act;

“Discharge” means discharge from the Naval or Military Forces of the Commonwealth;

“Living Wage” means, in relation to an industry in any particular part of the Commonwealth, the minimum rate judicially fixed for that industry in that part of the Commonwealth by an industrial award of a Commonwealth industrial tribunal, or in the event of there being no such award, at least the minimum judicially fixed by an industrial award of a State industrial tribunal, or if a minimum has not been so fixed, then such minimum rate as is generally recognized for the particular locality;

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“Local Committee” means a Local Committee appointed under the Act;

“Pension” means a pension granted under the War Pensions Act 1914-1916, or any amendment of that Act;

“Soldier” means an Australian Soldier within the meaning of the Act;

“The Act” means the Australian Soldiers’ Repatriation Act 1917, and includes any amendment of that Act;

“The Department” means the Department of Repatriation.

Part II.—General.

Applications, how made.

4. Applications for assistance shall be made to the Deputy Comptroller in writing in the manner and on the form approved by the Department, and shall set out the nature and extent of the assistance which the soldier or his dependants requires or require and the manner in which it is proposed to expend any sum which is granted to him or them.

Applications, how dealt with.

5. Applications shall be dealt with in the manner laid down by the Department in its General Orders from time to time.

Determination of applications.

6. A State Board shall determine such applications as are referred to it by the Deputy Comptroller in pursuance of these Regulations, and in relation thereto shall exercise all the powers and discretions conferred on it by these Regulations.

Purpose of loan and ability of applicant.

7. A State Board in determining any applications shall be satisfied that the purpose of any assistance or benefit is likely to be achieved having regard to the character, fitness, and previous experience of the applicant, and shall take into consideration the degree of assistance (if any) already received by the applicant.

Maximum advances.

8. A State Board shall not in any case, without the approval of the Minister, advance or allot to any one applicant for any of the purposes specified in these Regulations, money to a greater amount or property of a greater value than the maximum amount or value allowed by these Regulations, or where no such maximum amount is specified in the Regulations, such amount as is determined by the Minister: Provided that, notwithstanding the maximum fixed, the Minister may, if he thinks fit, authorize the payment of higher amounts.

Establishment of homes, &c.

9. The Minister may maintain, erect, equip, and conduct such homes, hostels, hospitals, sanatoria, workshops and training establishments for the benefit of soldiers or their dependants as the Commission, from time to time, recommends.

Appeals to Commission.

10. (1) When a State Board declines to grant the assistance applied for by an applicant, the applicant may appeal against the decision, and shall state the grounds for such appeal in writing.

(2) Upon receipt of the appeal the State Board shall reconsider the case, and may either grant the application or forward, together with the appeal, the file and such report as it considers necessary, to the Commission for decision.

(3) The decision of the Commission shall be final.

Interest on loans.

11. Except as otherwise provided in these Regulations, all assistance given to the soldier or his dependants shall be by way of loan, which shall bear interest at a rate not exceeding 5 per cent.:

Provided that interest shall be charged only upon so much of the loan as exceeds £50.

Security for loans.

12. (1) A State Board shall require any person to whom a loan is granted to execute such legal documents and to give such available security as may be necessary effectively to secure repayment of the amount advanced.

(2) No loan shall be granted for a longer period than ten years and shall be repayable in accordance with a schedule approved by the Minister.

Terms of repayment loans.

13. In determining the terms of repayment of loans a State Board shall have regard to the purpose for which, and the general circumstances of the person to whom, the loan is granted.

Renewal of loans.

14. In any case where a person to whom a loan has been granted under these Regulations has been unable to repay the whole or any part of the loan within the period fixed by a State Board, and who produces to the Board satisfactory evidence that he has made proper use of such loan, the Board may, if it thinks fit, upon an application for the renewal of the loan, grant the renewal for such period and at such rate of interest and on such other conditions as it deems reasonable.

Security for property allotted by way of loan.

15. Where property is allotted by way of loan to any person the value of the property shall be regarded as a debt due by that person, and the assessed value shall be repayable in the same manner and at the same rate of interest as a loan of that amount, the repayment of which shall be effectively secured by such legal documents and such security as the Board shall require the person to execute or furnish.

Inspection of premises.

16. It shall be a condition of the grant of any assistance by way of loan under these Regulations that the person to whom the assistance is given shall at all reasonable times permit any person authorized in writing by a Deputy Comptroller to enter upon any land and premises upon which there is any property which has been purchased for or lent to the soldier or dependant under these Regulations and shall produce to that person such books, documents and goods, and disclose to him such information as he desires for the purpose of forming a true estimate of the financial position and prospects of the soldier or dependant.

Power to vary conditions of loan, gift, &c.

17. (1) A State Board may revoke, or recall, or vary the whole or any part of the conditions attached to, any loan, gift or promise of assistance to, or of any contract solely between the Board and a soldier or a dependant of a soldier if it is satisfied—

(a) that the conditions attached to the loan, gift, or promise or the terms of the contract have not been or are not likely to be carried out by the soldier or dependant, as the case may be;

(b) that owing to the misconduct, idleness or inefficiency of the soldier or dependant as the case may be, the purpose for which the loan, gift, promise or contract was granted or made is not likely to be achieved; or

(c) that, in view of the efficiency or industry of the soldier or dependant as the case may be, the loan, gift, or other assistance should be increased or otherwise varied in favour of the soldier or dependant.

(2) When a State Board revokes, recalls or varies any conditions in pursuance of the last preceding sub-regulation it shall forthwith furnish to the Minister a statement of the reasons for the revocation, recall or variation.

Recovery of loans.

18. Subject to these Regulations, a Deputy Comptroller or any person thereto authorized in writing by a Deputy Comptroller shall take the necessary proceedings for the recovery of the amount of any loan the whole or any part of which has not been repaid by the recipient within the period fixed by a State Board.

Authority to sell property.

19. A State Board may authorize the sale, to the best advantage, of any property recovered or recalled when a sale is deemed necessary and advantageous in the interests of the Department.

Goods not to be disposed of.

20. (1) No person shall, without the consent in writing of a State Board, sell or otherwise dispose of or pledge or mortgage in any way or deposit by way of security or, where the property was or is advanced for a specific purpose, use for any other purpose, any goods to which this regulation applies.

Penalty: One hundred pounds.

(2) The goods to which this regulation applies are as follow:—

(a) Any goods which were allocated by a State War Council under the powers conferred by the Australian Soldiers’ Repatriation Fund Regulations 1916; and

(b) Any goods which are allocated by any authority under this Act.

Writing off loans.

21. When it appears that any borrower is unable to repay any amount due by him to the Department the State Board shall have the power to write off the whole or any portion of the amount so due.

Property may be held by persons on behalf of soldiers.

22. In cases where it is considered desirable by a State Board or a Deputy Comptroller, any gift or loan of any money or property granted under these Regulations by the Board or Deputy Comptroller to a soldier may be paid or handed on his behalf to such person as the Board or Deputy Comptroller thinks fit.

Part III.—Local Committees.

Appointment of Local Committees.

23. The districts for which Local Committees shall be appointed shall be the following:—

(a) In the case of metropolitan or city areas, such division thereof as the Minister approves;

(b) In the case of country districts, the shire areas in New South Wales, Victoria and Queensland, the District Council areas in South Australia, the Road Board Districts in Western Australia which areas shall also include any Municipal areas, and in Tasmania the Municipal areas:

Provided that, where the Minister thinks it desirable, any Shire, District Council or Road Board District area may be divided into two or more Committee areas:

Provided further that, where the Minister thinks it desirable, two or more Shire, District Council, or Road Board District areas may be grouped into one Committee area;

(c) In the case of any district of a State or Territory without a local government organization, such area as is fixed by the Minister.

Personnel of Local Committees.

24. Each Local Committee shall have an executive of seven members of whom five shall be elected by the Committee, and two shall be nominated by the Minister.

Appointment of secretary for Local Committee.

25. The Executive of a Local Committee shall have power to appoint a secretary.

Powers of Local Committees.

26. A Local Committee shall have power, as regards the area for which it is appointed—

(a) to raise funds for disbursement at its discretion for the benefit of soldiers or their dependants;

(b) to invite and receive contributions of land, stock, seed, plant, material and other goods for allotment to applicants;

(c) to organize voluntary services for the assistance of soldiers or their dependants in house building, fencing, ploughing, seeding, harvesting, and in such other ways as the Local Committee deems beneficial to the applicant;

(d) to act generally as local agents for the Department in regard to—

(i) the placing of men in employment;

(ii) the supervision of the expenditure of money granted to an applicant by a State Board, or Deputy Comptroller; and

(iii) applications for assistance made to the Department through a Local Committee or referred to it by the Department;

(e) to keep in touch with soldiers and the dependants of soldiers for the purpose of advising and assisting them when necessary; and

(f) to do all such other things as the Local Committee considers beneficial to soldiers and their dependants.

Duties of Local Committee.

27. It shall be the duty of each Local Committee—

(a) to report to the State office of the Department at such periods as are directed upon the progress of soldiers or their dependants within the area who have received assistance from the Department;

(b) to furnish to the State office of the Department as required returns showing the transactions of the Committee on behalf of any soldier or dependants;

(c) to render such returns of contributions raised and expended as are directed; and

(d) to keep such records and books of account as the Department requires for giving effect to the purposes of the Act.

Part IV.—Soldiers’ Industrial Committees.

Creation of Industrial Committees.

28. For the purpose of facilitating the training of men in private industrial establishments, there shall be created in each State a Soldiers’ State Industrial Committee and Soldiers’ District Industrial Committees.

Constitution of State Industrial Committees.

29. A Soldiers’ State Industrial Committee shall be formed by the Department in the metropolis of each State and shall consist of a

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Chairman, to be appointed by the Minister, three nominees of the Chamber of Manufacturers for the State and three nominees of the Trades and Labour Council.

Constitution of District Industrial Committee.

30. A Soldiers’ District Industrial Committee shall be formed as directed by the Minister, and shall consist of a Chairman, to be appointed by the Minister, and two representatives of the employers in the trade of the trainee and two representatives of the union covering the trade or calling of the trainee.

Powers of District Industrial Committees.

31. A Soldiers’ District Industrial Committee shall—

(a) consider opportunities for employment of soldiers or their dependants;

(b) decide after trial as to the suitability of applicants for particular callings;

(c) assess the efficiency of the trainee after the commencement of his training;

(d) re-assess the trainee’s efficiency every three months;

(e) periodically review the facilities for training in workshops; and technical schools;

(f) deal with disputes between persons entered for training in private workshops under regulation 42, and the employer, in particular disputes arising as to what is the ruling rate of wages in any industry; and

(g) have power to call for and take evidence when necessary.

Appeals to State Industrial Committees.

32. Any party aggrieved by a decision of a Soldiers’ District Industrial Committee shall have the right of appeal to the Soldiers’ State Industrial Committee, whose decision shall be final.

State Industrial Committee to settle disputes.

33. The Soldiers’ State Industrial Committee shall have power to settle any dispute which may arise out of a Soldiers’ District Industrial Committee’s decision.

Part V.—Sustenance Allowances.

Sustenance while awaiting employment.

34. The Department may, upon written application made within the time specified in sub-regulation (2) of this regulation, provide each soldier applying for employment with an opportunity of earning at least a living wage, and, until such opportunity is forthcoming, and in the case of an applicant who is convalescent, until the Deputy Comptroller is satisfied that he is medically fit for employment, a Deputy Comptroller may grant such sustenance as will insure—

(a) to a soldier without dependants a weekly income inclusive of pension of 42s.;

(b) to a soldier with a wife a weekly income inclusive of their combined pensions of 52s.;

(c) to a soldier with a wife and one child a weekly income inclusive of their combined pensions of 55s. 6d.;

(d) to a soldier with a wife and two children a weekly income inclusive of their combined pensions of 59s.;

(e) to a soldier with a wife and three children a weekly income inclusive of their combined pensions of 62s. 6d.;

 

(f) to a soldier with a wife and four or more children a weekly income inclusive of the pensions payable to the soldier, his wife and four children of 66s.;

Provided that a widower with children shall be entitled to the same sustenance allowance as if his wife were living.

(2) Applications for sustenance under this regulation shall be made within six months from the commencement of these Regulations, or within six months from the date of the discharge of the soldier, whichever last happens.

Failure to accept or loss of employment.

35. In the case of—

(a) an applicant who has failed to avail himself of an opportunity of employment, or has accepted, and has either voluntarily or involuntarily lost employment, and who makes a fresh application for employment, and

(b) an applicant who has failed to apply for assistance and benefit within the time specified in the last preceding regulation,

a Deputy Comptroller shall have the power to grant sustenance for a period not exceeding one week following such application, but the question of continuance of the allowance for a longer period shall be determined by the State Board.

Sustenance from Local Committees.

36. Where an applicant who has not been provided by the Department with an opportunity for employment, or with sustenance under regulation 34, seeks the aid of a Local Committee, such Committee may grant sustenance for a period not exceeding one week, but if, at the expiration of the week, the applicant is still unemployed, the sustenance allowance may be continued only with the approval of the State Board.

Re-application to Local Committees.

37. Where an applicant, who has previously been provided by the Department with an opportunity for employment, or with sustenance under regulation 34, applies to a Local Committee for employment, the Committee shall, before granting sustenance, refer the matter to the Deputy Comptroller for approval.

Sustenance while awaiting land.

38. In cases where an approved applicant is waiting for land upon which to settle, a State Board may, if employment for the applicant is not available, grant sustenance to him at the rate provided by regulation 34 until the land is available.

Sustenance while undergoing training.

39. A Deputy Comptroller, in approved cases, may grant sustenance at the rate provided by regulation 34 in the following cases:—

(a) for applicants entered for training in technical schools;

(b) for blind applicants receiving training in special institutions; and

(c) for applicants entered as students for training in commercial or professional occupations,

and may, in addition, grant to any applicant receiving sustenance under this regulation a further allowance, not exceeding 3s. a week, to cover travelling expenses.

Apprentices.

40. (1) In the case of an apprentice whose training has been interrupted by war service, a Deputy Comptroller may grant sustenance during the time the apprentice is serving his apprenticeship, at a rate which will bring his income up to the wage of a journeyman in the particular industry in which he is completing his apprenticeship.

(2) In addition the Deputy Comptroller shall make arrangements for providing each apprentice with the benefit of any system of technical education that may be available and recommended by the Soldiers’ District Industrial Committee.

Treatment of applicants who are not of full efficiency.

41. A Deputy Comptroller may grant sustenance in the case of applicants of not less than 40 per cent. efficiency entered for training in private workshops, so that trainees shall receive at least the living wage.

Amount received by trainee to be equivalent to minimum wage

42. (1) The amount of sustenance payable under the last preceding regulation shall be that amount which, together with the amount earned by the trainee and any pension payable to him personally makes up the living wage.

(2) Any dispute arising as to what is the living wage shall be determined by the Soldiers’ District Industrial Committee appointed under these regulations.

Minimum amount to be paid by employer.

43. Pending the assessment of his efficiency by the Soldiers’ District Industrial Committee, an employer shall pay to a trainee at least 40 per cent. of the minimum wage of the industry in which he is being trained, and shall thereafter during the continuance of his employment pay the trainee at least such higher percentage as is assessed from time to time in accordance with these Regulations.

Proportion of trainees to workmen.

44. The number of trainees engaged in any one shop shall not exceed one to six or portion of six fully-paid journeymen continuously employed at the trade in that shop during the six months immediately preceding the trainee’s engagement:

Provided that the six months’ limitation shall not apply to new businesses established within that period.

No penalty on account of industrial dispute.

45. No trainee shall be placed under any disability or penalized in any way by the employer or the Department for any part he takes in an industrial dispute, but the trainee shall not be entitled to any assistance or benefits under these Regulations in respect of any time during which he takes part in any strike in connexion with an industrial dispute.

Sustenance for widows.

46. The Department may provide training facilities in useful occupations for soldiers’ widows and a Deputy Comptroller may pay them sustenance whilst under training at such rate as will bring their incomes—inclusive of pensions—up to 35s. per week.

Sustenance for incapacitated soldiers at their own homes.

47. Where totally and permanently incapacitated, soldiers with or without dependants remain in their own homes or with friends with the approval of a Deputy Comptroller, they or their dependants may be granted sustenance at a rate which will bring their incomes up to the rate provided by regulation 34.

Provided that in computing the amount so payable any special rent allowance granted under regulation 51 need not be taken into consideration.

Soldiers with dependants.

48. Where soldiers with dependants are under treatment in special institutions after discharge, they or their dependants, as the Deputy Comptroller decides, may be granted sustenance at a rate which will bring their incomes up to the rate provided by regulation 34.

Care of orphans and children.

49. In the case of an orphan of a deceased soldier, or child of an incapacitated soldier, the Minister, on the recommendation of the State Board, may make such arrangements and pay such amounts as he deems necessary for the care and education of the child.

Payment of educational fees.

50. In cases where it appears to a State Board desirable to provide for the vocational or professional training of a soldier or a dependant under conditions which involve payment of fees, the Board, subject to the approval of the Minister, may pay such fees as are necessary.

Allowances for rent.

51. In cases where it appears to a State Board that an allowance for rent is necessary for the re-establishment in civil life of a totally incapacitated soldier or the widow of a soldier, the Board may grant to the soldier or widow an allowance for rent of such amount and subject to such conditions as the Minister approves:

Provided that in the case of a widow without children the allowance shall be paid only where the State Board is satisfied that the applicant’s condition of health is such as to prevent her engaging in a remunerative occupation.

Advances to widows and incapacitated soldiers to pay off mortgages.

52. Where an incapacitated soldier, or his wife, or the widow of a soldier, is in possession of a property used by him or her as a home which is encumbered by a mortgage effected prior to the discharge of the soldier, a State Board may, in order to facilitate the transfer of the mortgage to such institution as the Minister approves, advance the difference between the value of the mortgagor’s interest and 25 per cent. of the total value of the property, but such advance in any one case shall not exceed £150.

Mortgages by soldiers not incapacitated.

53. Where a soldier who is not incapacitated, or his wife, is in possession of a property used by him or her as a home which is encumbered by a mortgage effected prior to the discharge of the soldier, a State Board may, in order to facilitate the transfer of the mortgage to such institution as the Minister approves, advance the difference between the value of the mortgagor’s interest and 25 per cent. of the total value of the property, but such advance, in any one case, shall not exceed £75.

Interest on advances.

54. Advances under either of the last two preceding regulations shall be for the same term and at the same rate of interest as that chargeable by the mortgagee, approved by the Minister, on his proportion of the advance, and shall be included in the security of the first mortgage.

Part VI.—Surgical and Medical Treatment.

Artificial limbs and surgical appliances.

55. In the case of an application for surgical or medical treatment a Deputy Comptroller may at any time, upon being satisfied that the injury in respect of which an application is made is the direct result of military service, supply, renew, and repair, at the expense of the Department, artificial limbs and other necessary surgical appliances:

Provided that where a State Board considers that renewals or repairs have been rendered necessary by the carelessness or wilful act of the applicant such charge as the Board thinks fit shall be made.

Treatment of soldiers in their homes.

56. In cases where, in the opinion of a Deputy Comptroller, it is not expedient or practicable to arrange for the treatment of a soldier, who is suffering from illness or injury resulting from military service, in a military or other hospital, the Deputy Comptroller may make arrangements for the treatment of the soldier in his home and may, if he considers the circumstances of the soldier warrant such payment, pay the soldier sustenance at the rate provided by regulation 34.

Part VII.—Businesses, Furniture, and Equipment.

Grants for furniture.

57. A State Board may grant, by way of gift, amounts not exceeding £25 in each case for the purchase of furniture for the purpose of re-establishment in a home or of augmenting the means of livelihood of—

(a) a widow in necessitous circumstances with children, and

(b) a totally incapacitated soldier.

Purchase of tools.

58. A Deputy Comptroller may, subject to a schedule approved by the Minister, grant, by way of gift, an amount not exceeding £10 in each case for the purchase of tools of trade and professional instruments or such other articles of personal equipment as the Deputy Comptroller deems necessary to the applicant in exercising his calling, and a State Board may advance by way of loan for similar purposes further amounts, not exceeding £50 in any one case.

Furniture, &c., to remain property of Board.

59. Furniture, tools of trade or any, other articles or property purchased for a soldier or dependant under these Regulations and granted by way of gift will remain the absolute property of the Department for twelve months, and if, at the expiration of that period, the Deputy Comptroller notifies the grantee, in writing, that he is of opinion that proper use has been made of the articles so granted, they shall become the absolute property of the grantee.

Advances for businesses, stock, &c.

60. A State Board may make advances by way of loan for the purchase of approved businesses, plant, stock and live stock, not exceeding £150 in each case to—

(a) widows with one or more children;

(b) married soldiers, incapacitated to the extent of being unable to engage in their usual employment; and

(c) soldiers who, prior to enlistment, were dependant for their living upon businesses which they owned and conducted:

Provided that, where an application involves an advance exceeding £150, but not exceeding £250, the Board shall refer the application with a recommendation to the Minister for determination:

Provided further that advances for live stock will only be made when an applicant is not eligible to secure such assistance under the land settlement schemes of the State in which he resides.

Recommendations by State Board.

61. A State Board may make recommendations to the Minister in connexion with—

(a) arrangements for the commencement and conduct of businesses and industrial undertakings of a kind which will give employment to soldiers;

(b) any other matter referred by the Minister to the Board for its consideration; and

(c) any application or matter not specifically covered by these Regulations.

Part VIII.—Transportation.

Free passages from the Commonwealth.

62. If it appears to a State Board in the light of medical opinion and general circumstances that it would be of advantage to an incapacitated soldier that he should be returned to his relatives or friends living outside the Commonwealth, the Board may grant a free passage to the soldier to enable him to return to them, when the Board is satisfied that such relatives or friends are prepared to care for him.

 

Passages outward to wives of incapacitated soldiers.

63. A State Board may grant free passages to places outside the Commonwealth to the wives and children of incapacitated soldiers and to the widows and orphans of deceased soldiers where the Board is satisfied that such relatives or friends are prepared to care for them.

Passages to England for wives of soldiers discharged in England.

64. In the case of an incapacitated soldier who has been discharged in England and is desirous of remaining there, and who has been shown to be under satisfactory care, a State Board may grant a free passage to England to the wife and children of such soldier.

Passages inwards.

65. A State Board may grant free passages to—

(a) the widow or orphan of a deceased soldier desiring to return to relatives or friends in Australia,

(b) the wife and children of a soldier who has married abroad if the wife desires to join her husband in Australia,

(c) the fiancée of a soldier upon the application of the latter, provided that the applicant furnishes satisfactory guarantees for the repayment of the passage money in the event of proof of marriage not being forthcoming within one month after the arrival of the fiancée in the Commonwealth.

Equal treatment as regards passages.

66. All applications for free passages shall be dealt with on a basis of equal treatment irrespective of rank at a cost to be approved by the Minister, and the cost may include land transportation charges.

Passages not granted unless transfer beneficial.

67. No application for a free passage shall be granted in the absence of satisfactory evidence that the persons who form the subject of the application are likely to be benefited by transfer to the desired destination.

Passages granted once only.

68. Free passages shall not be granted more than once to the same applicant.

Soldiers serving in other than Australian Forces.

69. Australian soldiers who have served during the present war in the Naval or Military Forces of any part of the King’s Dominions other than the Commonwealth, or who, having obtained their discharge from the Naval or Military Forces of the Commonwealth, have re-enlisted for service in the Naval or Military Forces of that part of the King’s Dominions, may, upon application within six months from the commencement of these Regulations, or within six months from the date of their discharge, whichever last happens, be granted free passages to the Commonwealth on the terms and conditions provided in these Regulations.

Travelling to employment.

70. Where an applicant is being sent, through the agency of the Department, to employment, his fare to his destination may be paid by a Deputy Comptroller.

Travelling for medical treatment.

71. Where, with the approval of a Deputy Comptroller, an applicant has to travel in order to obtain medical treatment or to be fitted with artificial limbs or other surgical appliances, his fare, together with sustenance in accordance with regulation 34 and a travelling allowance

of 7s. 6d. per day when travelling by land, and 3s. per day when travelling by sea, shall be paid by a Deputy Comptroller both to and from his destination:

Provided that travelling allowance shall not be payable unless such travelling necessitates absence from home for one or more nights.

Travelling expenses for land settlers.

72. Where an applicant is about to enter into occupation of land or of a business or has obtained employment in a particular locality where he desires to make his home, the State Board may pay such fares and freights as are necessary for the transference of the applicant and his family to the locality:

Provided that in the case of freight on household belongings the allowance shall be such amount only as the State Board considers reasonable:

Provided further that no applicant shall obtain assistance more than once under this regulation.

Part IX.—Miscellaneous.

Evidence may be taken on oath.

73. (1) A State Board shall have power to summon witnesses, take evidence on oath and require the production of documents in connexion with any matter arising under these Regulations or to authorize in writing any person or persons to summon witnesses, take evidence on oath, and require the production of documents on its behalf.

(2) A Soldiers’ State Industrial Committee shall, in relation to any matter referred to it under regulation 32, have power to summon witnesses, take evidence on oath, and require the production of documents.

(3) No person who has been summoned to appear as a witness before a State Board, or before any person authorized by a State Board to taken evidence, or before a Soldiers’ State Industrial Committee, shall without lawful excuse and after tender of reasonable expenses, fail to appears in answer to the summons.

Penalty: Fifty pounds.

(4) No person who appears before a State Board or a person authorized by a State Board to take evidence, or before a Soldiers’ State Industrial Committee, shall without lawful excuse refuse to be sworn or make an affirmation or to produce documents, or to answer question which he is lawfully required to answer.

Penalty: Fifty pounds.

Comptroller may exercise powers of Deputy Comptroller.

74. Any power or authority vested in a Deputy Comptroller by these Regulations shall be exercisable by the Comptroller.

Funeral expenses.

75. Where a discharged soldier dies in indigent circumstances, a Deputy Comptroller may grant a sum not exceeding £10 towards the cost of his burial.

 

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