Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 305.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920–1941.*

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’ Repatriation Act 1920–1941.

Dated this Sixteenth day of December, 1941.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

 

Amendments of the Australian Soldiers Repatriation Regulations. 

Operation of amendments.

1. Regulations 4, 6 and 7 of these Regulations shall be deemed to have come into operation on the first day of July, 1941, and regulation 5 shall be deemed to have come into operation on the first day of November, 1941.

Parts.

2. Regulation 2 of the Australian Soldiers’ Regulations is amended by adding, after the words “Division 2.—Employment, Sustenance and Tools of Trade”, the words—

“Division 3.—Miscellaneous.”.

Definitions.

3. Regulation 3 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by inserting in the definition of “Living Wage”, after the words “Living Wage”, the words “or ‘Minimum Wage’”; and

(b) by inserting in that definition, after the word “industry” (wherever occurring), the words “, trade or calling”.

Definitions.

4. Regulation 100 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from the definition of “eligible child” the words “under the age of eighteen years”.

Grant of medical treatment.

5. Regulation 109 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting from sub-paragraph (a) the word “or”; and

 

* Notified in the Commonwealth Gazette on , 1941.

  Statutory Rules 1934, No. 16, as amended by Statutory Rules 1935, Nos. 7, 84 and 136; 1936, No. 134; 1937, No. 56; 1938, Nos. 10, 42 and 71; and 1941, Nos. 94 and 141.

7597.—20/9.12.1941.—Price 3d.

(b) by inserting after paragraph (b) the following sub-paragraph:—

“or (c) a person specified in paragraph (a) or paragraph (b)of section fifty-seven aa of the Act who is suffering from pulmonary tuberculosis.”.

Grants for funeral expenses.

6. Regulation 187 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A Deputy Commissioner may—

(a) grant a sum, not exceeding £15, towards the funeral expenses of—

(i) a member who enlisted for active service outside Australia; or

(ii) a member, who, not having enlisted for active service outside Australia, was in receipt of war pension immediately prior to his death,

who dies—

(iii) as a result of war service;

(iv) in indigent circumstances; or

(v) in an institution, or while proceeding to or from an institution to which he had been authorized to proceed for any purpose under regulation 109, regulation 112, or regulation 114 of these Regulations; and

(b)in the case of a member who enlisted for active service outside Australia and to whom subparagraph (v) of paragraph (a)of this sub-regulation applies, may grant a further sum, not exceeding £15, towards the cost of transportation of his remains to—

(i) his usual place of residence; or

(ii) such other place as, in the opinion of the Deputy Commissioner, is a place to which the transportation of the remains is desirable:

Provided that a grant made in pursuance of this sub-paragraph shall not exceed such sum as the Deputy Commissioner may grant towards the cost of transportation of the remains to the member’s usual place of residence.”; and

(b) by adding at the end thereof the following sub-regulations:—

“(3.) A Deputy Commissioner may grant a sum not exceeding £15 towards the funeral expenses of a person specified in paragraph (a) or paragraph (b) of section fifty-seven aa of the Act who dies—

(a) in indigent circumstances; or

(b)in an institution, or while proceeding to or from an institution to which he had been authorized to proceed for any purpose under regulation 109 of these Regulations.

“(4.) In this regulation, “member” means a member of the Forces within the meaning of section twenty-two or forty-five at of the Act.”.

Extension of application of Part I. and Parts III. and IX. (inclusive) to Australian soldier and dependants.

7. Regulation 204 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from the proviso to sub-paragraph (i) of paragraph (d) of sub-regulation (2.) the words “eighteen years” and inserting in their stead the words “any age”.

Employment and sustenance when awaiting employment.

8. Regulation 206 of the Australian Soldiers’ Repatriation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A soldier who.—

(a) was employed on active service outside Australia, or, if he was not employed on active service outside Australia has, in the opinion of the Commission or a Deputy Commissioner, suffered material prejudice in consequence of his war service;

(b) has a satisfactory record of service; and

(c) has not been discharged on account of irregular enlistment,

may, within twelve months after the date of his discharge, lodge with the Deputy Commissioner an application for assistance in obtaining employment, and for sustenance while awaiting employment.”.

Tools of trade.

9. Regulation 209 of the Australian Soldiers’ Repatriation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A Deputy Commissioner may, subject to the next succeeding regulation, grant to a soldier who—

(a)was employed on active service outside Australia, or, if he was not employed on active service outside Australia, has, in the opinion of the Commission or a Deputy Commissioner, suffered material prejudice in consequence of his war service;

(b) has a satisfactory record of service; and

(c) has not been discharged on account of irregular enlistment,

an order for the supply, by way of gift, of such tools of trade, professional instruments or other articles of personal equipment, exclusive of clothing in any form, to a value not exceeding the sum of £10, as the Deputy Commissioner deems necessary for the purpose of enabling the soldier to engage in his calling or in a remunerative occupation.”.

10. After regulation 211 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

Supplementation of wages of apprentices.

“212. A Deputy Commissioner may, in the case of a soldier who was an apprentice or trainee with an employer, and whose training in a particular industry, trade or calling has been interrupted by war

service, grant, during the time he is completing his apprenticeship or training, assistance in the form of supplementation of wages at a rate which will ensure him an income by way of wages and such supplementation (but exclusive of pension) equivalent to—

(a) the wage he would have been earning in that industry, trade, or calling had his apprenticeship or training not been interrupted; or

(b)the minimum wage for that industry, trade or calling, whichever wage is the less.”.

11. After Division 2 of Part X. of the Australian Soldiers’ Repatriation Regulations the following Division and regulation is inserted:—

“Division 3—Miscellaneous.

Grants to necessitous soldiers.

“213. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, grant by way of gift an amount not exceeding £5 to a soldier within the meaning of subsection (3.) of section forty-six of the Act who—

(a) was employed on active service outside Australia; or

(b)if he was not employed on active service outside Australia has, in the opinion of the Commission or a Deputy Commissioner, suffered material prejudice in consequence of his war service,

where the soldier is in necessitous circumstances and requires immediate relief, and the Deputy Commissioner has satisfied himself that, taking into consideration all the circumstances of the case, the grant should be made.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.