Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1941. No. 141.

––––––

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1940.*

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 1920-1940.

Dated this seventeenth day of June, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

GEORGE McLEAY

Minister of State for Repatriation.

 

Amendments of the Australian Soldiers’ Repatriation Regulations. 

Parts.

1. Regulation 2 of the Australian Soldiers’ Repatriation Regulations is amended by adding, after the words “Part IX.—Miscellaneous.”, the words “Part X.—Provisions for and in respect of Members of the Forces engaged in the war which commenced on the third day of September, 1939—

Division 1.—Extension of Application of Regulations.

Division 2.—Employment, Sustenance and Tools of Trade.”.

Definitions.

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

(a) by omitting the definition of “Incapacitated Soldier” and inserting in its stead the following definition:—

“‘Incapacitated’ means suffering from an incapacity;”; and

(b) by inserting in the definition of “Incapacity”, after the word “soldier,” (second occurring), the words “or which has been accepted by the Commission for the purposes, and in pursuance, of regulation 90a of these Regulations as being the result of an accident occurring to the member while travelling on leave to or from his place of employment,”.

Power to appoint trustees.

3. Regulation 7of the Australian Soldiers’ Repatriation Regulations is amended by inserting in sub-regulation (2.), after the word “pensioner”, the words “or of any member of the family of the pensioner,”.

 

* Notified in the Commonwealth Gazette on 26th June, 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, No. 94.

4442/40.—Price 5d.

Notice of hearing before Appeal Tribunal.

4. Regulation 43 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from sub-regulation (2.) the word “fourteen” and inserting in its stead the word “seven”.

Repeal of regulations 87, 90, 93 and 98.

5. Regulations 87,90, 93 and 98 of the Australian Soldiers’ Repatriation Regulations are repealed:

Provided that the Commission or a Board may continue to pay any allowance which, immediately prior to the date on which this regulation comes into operation, was being paid, or which, but for this regulation, would have been payable, under any regulation repealed by this regulation.

Repeal of regulation 99.

6. Regulation 99 of the Australian Soldiers’ Repatriation Regulations is repealed.

7. After regulation 108 of the Australian Soldiers’ Repatriation Regulations, the following regulation is inserted in Part VII.:—

Definition.

“108a. In this Part (other than regulation 115), unless the contrary intention appears—

‘member’ and ‘soldier’ mean a member of the Forces as defined in either section twenty-two or forty-five at of the Act.”.

8. Regulation 109 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Grant of medical treatment.

“109. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for—

(a) an incapacitated member; or

(b)a member of the Forces within the meaning of section twenty-two of the Act who is suffering from pulmonary tuberculosis.”.

9. Regulation 113 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Sustenance allowance while undergoing medical treatment, &c.

“113.—(1.) Where a Departmental Medical Officer certifies that a member is prevented from following his usual occupation through—

(a) the necessities of treatment for an incapacity; or

(b) awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance,

a Deputy Commissioner may, for such period as the Departmental Medical Officer specifies in his certificate, and subject to such conditions as the Commission from time to time determines, grant sustenance allowance to the member in accordance with the following scale but so that the total income of the member shall not exceed the sum of amounts calculated in accordance with that scale:—

In respect of—	Fortnightly amount.
s.	d.
(i) the member..................................................................................	84	0
(ii) the wife of the member................................................................	36	0
(iii) each child of the member............................................................	15	0

“(2.) For the purposes of this regulation ‘total income’ includes—

(a)pension payable in respect of the member, his wife and children, as the case may be;

(b)sustenance allowance in respect of the member, his wife and children, as the case may be; and

(c) such other income which the member may have and which the Commission determines shall be regarded as income for the purpose of assessing the amount of sustenance allowance payable.”.

10. After Part IX. of the Australian Soldiers’ Repatriation Regulations, the following Part and regulations are inserted:—

“Part X.—Provisions for and in respect of Members of the Forces engaged in the War which commenced on the Third day of September, 1939.

Division 1.—Extension of Application of Regulations.

Extension of application of Parts I. and II. to member of the Forces and dependants.

“203.—(1.) The provisions of Parts I. and II. of these Regulations shall extend to, and in relation to—

(a) a member of the Forces within the meaning of section forty-five at of the Act; and

(b) the dependants of any such member specified in sub-paragraphs (i) to (vii) (both inclusive) of paragraph (b) of sub-section (2.) of section forty-five as of the Act.

“(2.) For the purposes of the extension of the provisions of Parts I. and II. of these Regulations as provided in the last preceding sub-regulation—

(a) any reference in those Parts to a member of the Forces, or to a member, shall, except where otherwise expressly provided, be read as a reference to a member of the Forces within the meaning of section forty-five at of the Act; and

(b) any reference in those Parts to dependants shall, except where otherwise expressly provided, be read as a reference to dependants specified in sub-paragraphs (i) to (vii) (both inclusive) of paragraph (b)of sub-section (2.) of section forty-five as of the Act.

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

“204.—(1.) The provisions of Part I. and Parts III. to IX. (inclusive) of these Regulations shall extend to, and in relation to—

(a)an Australian soldier within the meaning of sub-section (3.) of section forty-six of the Act (in this regulation referred to as an ‘Australian soldier’); and

(b) the dependants of any such soldier.

“(2.) For the purposes of the extension of the provisions of Part I. and Parts III. to IX. (inclusive) of these Regulations as provided in the last preceding sub-regulation—

(a)any reference to a soldier shall, except where otherwise expressly provided, be read as a reference to an Australian soldier;

(b)any reference to a wife shall, except where otherwise expressly provided, be read as a reference to a wife of an Australian soldier who was married to the soldier before or during his service or within seven years of his discharge from the Forces in which he served or the termination of the war, whichever first happens;

(c) any reference to a widow shall, except where otherwise expressly provided, be read as a reference to—

(i) a widow of an Australian soldier who was married to the soldier before or during his service or within seven years of his discharge from the Forces in which he served or the termination of the war, whichever first happens;

(ii) a person to whom a pension is payable under section thirty-six of the Act in respect of the death or incapacity of an Australian soldier; or

(iii) a widow who is entitled to receive pension under section thirty-nine a of the Act in respect of the death of any Australian soldier;

(d) any reference to a child shall, except where otherwise expressly provided, be read as a reference to—

(i) a child of an Australian soldier who is under the age of sixteen years and who is—

(1) a son or daughter born to the soldier of a marriage which took place before or during his service, or within seven years after his discharge from the Forces in which he served or the termination of the war, whichever first happens;

(2) a step-son, step-daughter or adopted child of the soldier (not being, in the case of an adopted child, an ex-nuptial child of the soldier), who became dependent on the soldier before or during his service, or within seven years after his discharge from the Forces in which he served or the termination of the war, whichever first happens; or

(3) the ex-nuptial child of the soldier who was born before, or within nine months after, his death or discharge from the Forces in which he served or the termination of the war, whichever first happens:

Provided that, for the purposes of the extension of regulation 100 of these Regulations, the reference in this paragraph to a child of sixteen years shall be read as a reference to a child of eighteen years; or

(ii) a child who is entitled to receive pension under section thirty-nine a of the Act in respect of an Australian soldier; and

(e) any reference to a father, mother or step-mother of a soldier shall, except where otherwise expressly provided, be read as a reference to a father, mother or step-mother of an Australian soldier.

“(3.) In this regulation, ‘the war’ means the war which commenced on the third day of September, 1939.

Division 2.—Employment, Sustenance and Tools of Trade.

Definitions.

“205. In this Division, unless the contrary intention appears—

‘child’ means a child of a soldier who is under the age of sixteen years and who is—

(1) a son or daughter born to the soldier of a marriage which took place before or during his service, or within seven years after his discharge from the Forces in which he served or the termination of the war, whichever first happens;

(2) a step-son, step-daughter or adopted child of the soldier (not being, in the case of an adopted child, an ex-nuptial child of the soldier), who became dependent on the soldier before or during his service, or within seven years after his discharge from the Forces in which he served or the termination of the war, whichever first happens; or

(3) the ex-nuptial child of the soldier who was born before, or within nine months after, his death or discharge from the Forces in which he served or the termination of the war, whichever first happens;

‘soldier’ means an Australian soldier within the meaning of sub-section (3.) of section forty-six of the Act;

‘the war’ means the war which commenced on the third day of September, 1939;

‘wife’ means the wife of a soldier who was married to the soldier before or during his service, or within seven years after his discharge from the Forces or the termination of the war, whichever first happens, and includes a person who, at the time of enlistment of the soldier, was dependent upon him and was recognized as his wife although not legally married to him, and has since continued to be so dependent and so recognized.

Employment and sustenance when awaiting employment.

“206.—(1.) A soldier who has been employed on active service outside Australia, whose record of service is satisfactory, and who 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.

(2.) Upon receipt of the application, the Deputy Commissioner may assist the soldier in obtaining employment and may, subject to sub-regulation (7.) of this regulation, grant to the soldier, until such

time as he commences employment, such sustenance as will, together with—

(a)any sustenance payable to him under any law of a State or Territory of the Commonwealth relating to the relief of unemployment; and

(b) any pensions payable to him and his wife and children,

provide him with a weekly amount not exceeding the sum of the amounts calculated in accordance with the following scale:—

In respect of—	Weekly amount.
s.	d.
(i) the soldier.....................................................................................	42	0
(ii) the wife of the soldier...................................................................	18	0
(iii) each child of the soldier, but not exceeding in the aggregate 22s. 6d. per week in respect of children......................................................................	7	6

“(3.) Sustenance may be paid for such period or periods, not exceeding three months in the aggregate, as the Deputy Commissioner determines.

“(4.) A widower with four or more children may be paid, in lieu of the amount specified in item (iii) of the scale in sub-regulation (2.) of this regulation, 7s. 6d. per week for each child but not exceeding in the aggregate 37s. 6d. per week in respect of children.

“(5.) Where the soldier has a widowed mother dependent upon him and sustenance is not payable in respect of his wife, he may be paid, in addition to any amount payable under sub-regulation (2.) of this regulation, an amount not exceeding 18s. per week, inclusive of any pension payable to his mother.

“(6.) Sustenance shall not be payable to a soldier after he has failed to avail himself, to the satisfaction of the Deputy Commissioner, of suitable employment when offered, or to a soldier who has had, since discharge, employment for a period or periods of six months in the aggregate.

“(7.) Where, during any period during which sustenance may be payable, an applicant is engaged in temporary, casual, or intermittent employment or in an occupation, the amount of sustenance which may be granted under this regulation shall be decreased by the amount earned or derived by the applicant from such employment or occupation.

Failure to notify fact of employment.

“207. An applicant for sustenance who—

(a) fails to notify the Department that he is in employment or in an occupation and has received remuneration in respect of that employment or occupation; and

(b) continues to draw sustenance under regulation 206 of these Regulations,

shall be guilty of an offence, and, irrespective of any legal proceedings in respect of such offence, the Commission may regard him as being ineligible for any further sustenance under the last preceding regulation.

Penalty: Twenty-five pounds.

Payment of fares to place of employment

“208. Where an applicant is being sent to employment, obtained either by himself or though the agency of the Department, a Deputy Commissioner may pay the fare of the applicant to the place of employment:

Provided that—

(a) where an applicant has previously had his fare paid under this regulation for employment purposes, the Deputy Commissioner shall not approve of any further grant of fares unless, in his opinion, the grant is justified by special circumstances;

(b)no grant for fares under this regulation shall be made by the Deputy Commissioner where, in accordance with custom or with any industrial award, order or determination the employer should pay the fare in advance; and

(c)an applicant who has had employment subsequent to discharge for a period of six months or for periods amounting to six months in the aggregate shall not be entitled to benefits under this regulation unless the last occasion of termination of employment was in consequence of disabilities attributable to war service suffered by the applicant.

Tools of trade.

“209.—(1.) A Deputy Commissioner may, subject to the next succeeding regulation, grant to a soldier who has been employed on active service outside Australia, whose record of service is satisfactory, and who 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.

“(2.) In addition to any gift which may be granted under the last preceding sub-regulation, the Deputy Commissioner may grant to the soldier an order for the supply, under a Hire Purchase Agreement in accordance with Form D, 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 £40, as the Deputy Commissioner deems necessary for the purpose of enabling the soldier to engage in his calling or in a remunerative occupation.

When tools of trade to become property of soldier.

“210.—(1.) Tools of trade, professional instruments or other articles supplied to a soldier by way of gift in pursuance of the last preceding regulation shall not become his property until the expiration of one year from the date on which they came into his possession.

“(2.) Until the expiration of that period, the tools of trade, professional instruments or other articles, although in the possession of the soldier, shall remain the property of the Commission.

“(3.) The Commission may, at any time during such period of one year, if not satisfied that the tools of trade, professional instruments or other articles are being put to proper use, require their return.

Orders for tools not to be transferred.

“211.—(1.) A soldier to whom an order is granted under regulation 209 of these Regulations shall not transfer the order to any other person.

Penalty: Twenty-five pounds.

“(2.) A trader or person to whom any such order is presented shall not supply to the person presenting the order any money or goods in lieu of the goods specified in the order.

Penalty: Twenty-five pounds.”.

Application of extension of regulations.

11. The extension of the application of the provisions of the Australian Soldiers’ Repatriation Regulations effected by the last preceding regulation shall apply to any claim or application made by any person referred to therein, whether made before or after the date of commencement of these Regulations.

 

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