Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

AUSTRALIAN SOLDIERS’ REPATRIATION REGULATIONS.

 

Statutory Rules 1950, No. 96.(b)

 

Parts.

1.—(1.) Regulation 4 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting the words “ (Regulations 64-74.) ” and inserting in their stead the words “ (Regulations 64–74a.) ”; and

(b)by omitting the words “ (Regulations 94-104.) ” and inserting in their stead the words “ Regulations 94-104a.) ”.

(2.) The amendment effected by paragraph (a)of sub-regulation (1.) of this regulation shall be deemed to have taken effect on the first day of December, 1949.

Declarations by claimants.

2. Regulation 12 of the Australian Soldiers’ Repatriation Regulations is amended by omitting the words “, the Secretary of the Federal Executive of the Returned Sailors’, Soldiers’ and Airmen’s Imperial League of Australia or the Secretary of any branch or sub-branch of that League ” and inserting in their stead the words “ or the Secretary of the Federal Executive or of any branch or sub-branch of an organization representing ex-servicemen or ex-servicewomen, or both, throughout the Commonwealth ”.

Payment of expenses of appellant.

3.—(1.) Regulation 46 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1.) the figures “ 9 0 ” (wherever occurring) and “ 12 0 ” and inserting in their stead the figures “ 15 0 ” and “ 20 0 ”, respectively;

(b) by omitting from sub-regulation (2.) the words “ not exceeding 12s. per day ” and inserting in their stead the words “ not exceeding One pound per day ”; and

(c) by omitting from sub-regulation (3.) the words “ not exceeding 9s.” and inserting in their stead the words “ not exceeding Fifteen shillings ”.

(b) Made under the Australian Soldiers’ Repatriation Act 1920-1949 on 7th December, 1950; notified in the Gazette on 14th December, 1950.

(2.) This regulation shall be deemed to have taken effect on the first day of July, 1949.

4.—(1.) Regulation 71 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead :—

Sustenance allowance while under-going medical treatment, &c.

“ 71.—(1.) Where a member is prevented from following his usual occupation through—

(a) the necessities of treatment for an incapacity due to war service ;

(b)the necessities of treatment for, or institutional care in consequence of, venereal disease contracted during war service ; or

(c) awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by an incapacity due to war service,

a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member, for the period for which he is so prevented, sustenance allowance in accordance with the following scale :—

In respect of—	Amount per fortnight.
£	s.	d.
The member.........................................................................................................................	5	10	0
The wife of the member.....................................................................................................	2	8	0
Each child of the member..................................................................................................	0	18	0

“ (2.) If for the period referred to in the last preceding sub-regulation the total income of the member exceeds the sum of amounts calculated in accordance with the scale in that sub-regulation, the total amount of sustenance allowance payable to him shall be reduced by the amount of the excess.

“ (3.) The Commission may, having regard to the circumstances of any particular case or class of cases, direct that the rate of allowance payable in that case or class of cases shall be less than the rate prescribed by sub-regulation (1.) of this regulation.

“ (4.) Where a member is, with the authority of the Deputy Commissioner, receiving in-patient treatment at a hospital or similar institution for an incapacity due to war service and his total income during the period for which he is receiving that treatment is less than the amount of pension payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Act, his wife and children, as the case may be, a Deputy Commissioner may, subject to the directions of the Commission, grant to the member a sustenance allowance or an additional sustenance allowance of a sum not exceeding the difference between his total income and that amount of pension.

“ (5.) In this regulation—

‘ total income of the member ’ means—

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

(b)sustenance allowance under sub-regulation (1.) of this regulation in respect of the member, his wife and his children, as the case may be ; and

(c) for the purposes of sub-regulation (4.) of this regulation, his salary, wages, earnings and sick pay ; and

‘ sick pay ’ means any payment received by the member from his employer in respect of his incapacity or absence from employment or any payment that the Commission determines to be a payment of a like nature.”.

(2.) This regulation shall be deemed to have taken effect on the twentieth day of October, 1949.

Sustenance during investigation.

5.—(1.) Regulation 72 of the Australian Soldiers’ Repatriation Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“ (2.) Where, by reason of any such investigation or any treatment found necessary or expedient in connexion therewith, the member is prevented from following his usual occupation and is not engaged in any other remunerative occupation, a Deputy Commissioner may, subject to the next succeeding sub-regulation and to the directions of the Commission, grant to the member sustenance allowance in accordance with the scale specified in sub-regulation (1.) of regulation 71 of these Regulations.

“ (3.) Sustenance allowance under the last preceding sub-regulation shall cease to be payable upon the day immediately following the date of determination by a Board of the matter that necessitated the investigation.”.

(2.) This regulation shall be deemed to have taken effect on the first day of December, 1949.

Medical treatment for widows, &c.

6. Regulation 73 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end thereof the following sub-regulation :—

“ (2.) In this regulation, ‘ children ’ includes any persons who are in receipt of pensions under sub-section (4.) of section 39 of the Act.”.

7.—(1.) The Australian Soldiers’ Repatriation Regulations are amended by inserting in Part IV., after regulation 74, the following regulation :—

Attendance allowance.

“ 74a.—(1.) This regulation applies to a member who is required by a Deputy Commissioner to attend at an appointed place in connexion with a disability of the member due to war service or a disability in respect of which he claims pension, or applies for treatment, on the ground that the disability is due to war service.

“ (2.) In this regulation any reference to attendance at an appointed place is a reference to attendance at an out-patient clinic or a hospital of the Department, the rooms of a Local Medical Officer or of a medical practitioner designated by a Deputy Commissioner, or an artificial limb factory of the Department, for the purpose of medical treatment, medical examination or tests, investigation for diagnosis, the supply, renewal, repair or fitting of artificial replacements, surgical aids or appliances, review of pension or any other purpose in connexion with medical treatment or pension.

“ (3.) Where attendance at an appointed place by a member to whom this regulation applies is for a period of less than one day and—

(a) that period, or part of that period, is during hours in which he would, but for the attendance, be employed and receive salary or wages ;

(b) he loses salary or wages through that attendance; and

(c) his employer certifies in an approved form as to that loss,

a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to him an allowance at the rate of Two shillings and six pence per hour in respect of the time for which he lost salary or wages.

“ (4.) The minimum amount of allowance payable under this regulation shall be Four shillings and the maximum allowance payable in respect of one day shall be One pound.

“ (5.) The aggregate of payments of allowance under this regulation in respect of more than one attendance in any week commencing on a Thursday shall not exceed Two pounds.

“ (6.) Subject to sub-regulation (4.) of this regulation, the amount of allowance shall not exceed the amount of the member’s salary or wages lost by him through attendance at an appointed place.

“ (7.) The total payment by way of pension (excluding attendant’s allowance), sustenance under regulation 71 or regulation 72 of these Regulations and the allowance under this regulation for any period shall not exceed the amount payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Act.

“ (8.) The employer of a member to whom this regulation applies shall, if so required by a Deputy Commissioner, by notice in writing, furnish to an officer specified in the notice, within the time specified in the notice, written particulars of—

(a) the hours during which the member would, but for his attendance at the appointed place, have been employed on the day of that attendance ;

(b) the rate of the member’s salary or wages in respect of that day; and

(c) the amount of the loss (if any) of salary or wages by the member by reason of his absence from his employment on that day.”.

(2.) This regulation shall be deemed to have taken effect on the first day of December, 1949.

Removal expenses of trainee.

8. Regulation 102a of the Australian Soldiers’ Repatriation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation :—

“ (1.) In the case of a member with a family who is a trainee, or who has been approved for training, under the Commonwealth Reconstruction Training Scheme and—

(a) who has been sent, or is being sent, to an employer for the purpose of training, continuation of training, or completion of training, within the provisions of that Scheme,

 

and who desires to establish a home in the locality in which he is employed, or is to be employed, for that purpose ; or

(b)who has completed his training, or, for a reason considered sufficient by the Commission, has had to abandon his training, and who satisfies the Commission that it is necessary for him to return to the locality in which he resided immediately prior to commencing training, or to proceed to another locality, before taking up employment, occupation of land or otherwise engaging in a livelihood, the Commission may, in its discretion, pay such fares and freights and other reasonable charges directly related to the removal of the member and his family as are necessarily incurred in that removal.”.

9. After regulation 104 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted in Part VIII. of these Regulations :—

Severely incapacitated members.

“ 104a.—(1.) For the purpose of providing recreation for members within the classes of members specified in this regulation, a Deputy Commissioner may, subject to the directions of the Commission, pay allowances in accordance with this regulation in respect of the cost of transport of those members for recreation.

“ (2.) An allowance at a rate not exceeding Ten pounds in any one month shall be payable in the case of a member who, due to war service—

(a) has lost both legs above the knees ;

(b)is totally and permanently incapacitated, his powers of locomotion being negligible and not capable of operation for more than short distances with the aid of crutches or walking sticks ; or

(c) is handicapped with regard to locomotion to a degree that, in the opinion of the Commission, renders the effect of his incapacity similar to that of the classes of members specified in paragraphs (a) and (b) of this sub-regulation.

“ (3.) An allowance at a rate not exceeding Five pounds in any one month shall be payable in the case of a member who, due to war service—

(a) has lost both arms at or above the wrist ;

(b) has lost one leg above the knee and the other leg below the knee; or

(c) is incapacitated to an extent that, in the opinion of the Commission, is similar in effect or in severity to the incapacity specified in paragraph (a) or paragraph (b) of this sub-regulation.

“ (4.) For the purposes of this regulation, a leg or an arm shall be deemed to have been lost if it has been rendered permanently and wholly useless.”.

Power of Deputy Commissioner to require information.

10.