Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1948. No. 135.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION

ACT 1920-1947.*

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 1920-1947.

Dated this twenty-seventh day of October, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

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Amendments of the Australian Soldiers’ Repatriation Regulations. 

Power to appoint trustees.

1. Regulation 9 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from sub-regulation (2.) the words “or of any member of the family of the pensioner” and inserting in their stead the words “, of any member of the family of the pensioner or of any person dependent on the pensioner”.

2.—(1.) After regulation 14 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

Payment or reimbursement of medical witnesses’, &c., expenses.

“14a.—(1.) Where a claim or application, or an appeal to the Commission or an Appeal Tribunal, is allowed, whether wholly or in part, and the claimant, applicant or appellant incurs expense, in support of the claim, application or appeal, in providing for the attendance of medical witnesses or for the production of certificates, reports or other documents from medical practitioners or from any hospital or similar institution in which he has obtained medical treatment, the Commission may, in accordance with such scale as is approved by the Commission, pay or reimburse the claimant, applicant or appellant expenses so incurred in support of the whole, or such part, as the case may be, of his claim, application or appeal as is allowed.

“(2.) Expenses shall not be paid or reimbursed unless the Board, Commission or Appeal Tribunal certifies that the attendance or production was reasonable for the purposes of supporting the whole or such part, as the case may be, of the claim, application or appeal as is allowed.”.

(2.) This regulation shall be deemed to have come into operation on the thirteenth day of September, 1948.

 

* Notified in the Commonwealth Gazette on , 1948.

  Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72, 106, 149 and 169; and 1948, Nos. 38, 43 and 80.

3552.—Price 3d.  10/15.10.1948.

 

3. Regulation 74 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Expenses of travelling for medical treatment or pension purposes.

“74.—(1.) Where it is necessary for a member to travel—

(a) to obtain medical treatment;

(b) for restoration of his health;

(c) to be fitted for surgical aids or appliances or artificial replacements;

(d) to proceed to hospital; or

(e) for pension purposes,

a Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, grant the member’s fare for the forward and return journeys.

“(2.) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or a Local Medical Officer, as the case may be, authorize an attendant to accompany a member who is travelling for any of the purposes specified in sub-regulation (1.) of this regulation and may grant the attendant’s fares for the forward and return journeys.

“(3.) Where fares are granted under this regulation, a Deputy Commissioner may also defray the expenses of the subsistence while travelling of the member, or of the member and his attendant, as the case requires, but no amount shall be defrayed except in respect of expenses reasonably and necessarily incurred or in excess of Twenty shillings per person per day.”.

4.—(1.) Regulation 80 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Furniture.

“80.—(1.) A Deputy Commissioner may, subject to these Regulations, grant an order for the supply, by way of gift, of household furniture to a value not exceeding Seventy-five pounds in each case to—

(a) a blinded or totally and permanently incapacitated member who becomes so disabled not later than five years after the date of his discharge; or

(b) a widow with children of a member who dies while serving with the Forces or within five years after his discharge from the Forces,

where that assistance is necessary for the establishment in civil life of the member or widow, as the case may be.

“(2.) Assistance shall not be granted under this regulation unless application therefor is made—

(a) in the case of a member—before the expiration of twelve months after the date of—

(i) his discharge;

(ii) the decision classifying him as blinded or totally and permanently incapacitated; or

(iii) his marriage, whichever last happens; or

(b) in the case of a widow—before the expiration of twelve months after the death of her husband.

“(3.) Assistance under this regulation shall not be granted on more than one occasion.”

(2.) A member who, by virtue of the amendment of regulation 80 of the Australian Soldiers’ Repatriation Regulations by sub-regulation (1.) of this regulation, comes within the class of members specified in paragraph (a) of that regulation, as so amended, may, notwithstanding anything contained in sub-regulation (2.) of that regulation, as so amended, be granted assistance under that regulation, as so amended, if he applies for that assistance before the expiration of twelve months after the date upon which this regulation comes into operation.

Soldiers’ Children Education Boards.

5. Regulation 86 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “Subject to the next succeeding sub-regulation, an Education Board in respect of a State (other than the State of Western Australia)” and inserting in their stead the words “Each Education Board”; and

(b) by omitting sub-regulation (3.).

Removal expenses.

6. Regulation 103 of the Australian Soldiers’ Repatriation Regulations is amended by adding, after the word “occasion” in sub-regulation (4.), the words “, unless the Commission considers that the special circumstances of a particular case justify a further grant and so certifies and approves”.

Removal expenses of widow and children.

7. Regulation 103a of the Australian Soldiers’ Repatriation Regulations is amended by adding, after the word “occasion” in paragraph (b) of sub-regulation (3.), the words “, unless the Commission considers that the special circumstances of a particular case justify a further grant and so certifies and approves”.

Furnishing of information.

8. Regulation 167 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from paragraph (b) the words “competent auditor” and inserting in their stead the words “person competent to act as auditor”.

Power to wind up funds when no longer required.

9. Regulation 173kof the Australian Soldiers’ Repatriation Regulations is amended by omitting sub-regulations (3.), (4.), (5.) and (6.) and inserting in their stead the following sub-regulations:—

“(3.) Where the affairs of a fund are being wound up in pursuance of this regulation, the Commission may direct that

(a) any assets held by the fund shall be disposed of in such manner as the Commission directs; and

(b) any moneys remaining unexpended in the fund shall be paid by the person in whose hands they are to the Commission or a Patriotic Funds Board and shall be disposed of by the Commission or Board in such manner as the Commission directs as being, in its opinion, the most appropriate available method of disposal.

“(4.) Where the moneys remaining unexpended in a fund being wound up in pursuance of this regulation were raised for the benefit of members of the Defence Force or their families or dependants, the Commission may, in pursuance of the power conferred by the last preceding sub-regulation, direct that those moneys shall be paid to a Local Committee, and the Local Committee may receive those moneys and shall, subject to any direction of the Commission, deal with those moneys in accordance with the provisions of Part X. of these Regulations as if they were funds raised in pursuance of sub-section (3.) of section 110 of the Act.

“(5.) Notwithstanding anything contained in sub-regulation (3.) or (4.) of this regulation, the Minister may, if he considers it desirable in any particular case, direct that the moneys remaining unexpended in a fund being wound up in pursuance of this regulation shall be disposed of in such manner as the Minister directs.”.

10. After regulation 175 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

Date of notification of presumption of death to be deemed to be date of death for the purposes of certain applications.

“175a. Where—

(a) the time within which a claim or application for a benefit under these Regulations may be made is a prescribed period after the date of the death of a member, and

(b) the date of member’s death has been presumed,

then for the purposes of a claim or application by his widow for any such benefit—

(c) the date of notification of the presumption of the member’s death shall be deemed to be the date of his death; and

(d) during the prescribed period from the date deemed to be the date of the member’s death his widow shall be deemed to be qualified for the benefit if she were so qualified at the date of the happening upon which the member was presumed dead,

if to do so would be advantageous to the widow claimant or applicant.”.

Allowance to re-married widow of a deceased member who is again widowed.

11. Regulation 176 of the Australian Soldiers’ Repatriation Regulations is amended by omitting the words “Invalid and Old-age Pensions Act 1908-1943” and inserting in their stead the words “Part III. of the Social Services Consolidation Act 1947”.

 

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