Australian Soldiers' Repatriation Regulations (Cth)
REPATRIATION—
REPATRIATION.
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Australian Soldiers’ Repatriation Regulations...................................................... | 426 |
Repatriation (Staff) Regulations.............................................................................. | 500 |
War Service Homes Regulations................................................................................ | 506 |
Statutory Rules 1934, No. 16.
Part I.—Preliminary.
Part I.—Preliminary.
Part II.—Pensions—
Division 1.—Grant of Pensions.
Division 2.—Pension Appeal Tribunals.
Part III.—General—
Division 1.—Applications for Assistance.
Division 2.—Conditions governing Advances.
Part IV.—Local Committees.
Part V.—Living Allowances.
Part VI.—Education and Training of Children.
Part VII.—Medical Treatment and Sustenance.
Part VIII.—Securities—
Division 1.—General.
Division 2.—Personal Securities.
Division 3.—Mortgage of Chattels.
Division 4.—Mortgage of Land.
Division 5.—Hire Purchase Agreement.
Division 6.—Register of Securities.
Part IX.—-Miscellaneous.
“Applicant” means a person applying for assistance and benefits under the Act or under these Regulations.
(
*“Child” means any dependant under the age of sixteen years being a son, daughter, step-son, step-daughter, adopted son, or adopted daughter of a deceased or incapacitated soldier, and includes an ex-nuptial child but does not include—
(
a ) any step-son, step-daughter, or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or(
b ) any child born to a soldier after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies and his death is accepted for the purposes of the Act and of these Regulations as attributable to war service;‘‘Claim” means a claim for a pension in accordance with the Act, or with any Act repealed by the Act;
‘‘Claimant” means a person who has made a claim for a war pension on behalf of himself or on behalf of a person under the age of sixteen years, or on behalf of a person of unsound mind;
“Country Local Committee” means a Local Committee other than a Local Committee declared by the Commission to be an Advisory Local Committee;
“Deceased soldier” means a soldier whose death has been accepted for the purposes of the Act and of these Regulations as attributable to war service;
“Departmental Medical Officer” means a Medical Officer of the Department, other than a Local Medical Officer, appointed under the Act;
“Dependants” means such dependants of an Australian soldier as are entitled to assistance and benefits tinder the Act;
“Deputy Commissioner” means the Deputy Commissioner of Repatriation for a State appointed under the Act;
“Discharge” means discharge from the Naval or Military Forces of the Commonwealth, and includes termination of appointment;
“Education Board” means a Soldiers’ Children Education Board established under Part VI. of these Regulations;
“Incapacitated Soldier” means a soldier suffering from incapacity as defined in the next succeeding definition;
“Incapacity” means any degree of physical or mental disablement of a member of the Forces or an Australian soldier which resulted from a disability which occurred during, or was contributed to by, or has resulted from, his employment as a member of the Forces or as an Australian soldier, and includes disablement arising from disease contracted by him during such employment, but does not include disablement arising from—
(
a ) disease due to his default;(
b ) intentionally self-inflicted injuries;
4716.—15
REPATRIATION—
(
c ) any breach of discipline by him; or(
d )any occurrence happening during the commission of any such breach of discipline;“Living Allowance” means an allowance under Part V. of these Regulations;
“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;
“Local Committee” means a Local Committee appointed under the Act;
“Local Medical Officer’’ means a Medical Officer appointed under the Act for an area;
“Married” means, in relation to a soldier, married prior to the second day of October One thousand nine hundred and thirty-one;
“Member” means a member of the Forces as defined in section twenty-two of the Act;
“Officer” means an officer doing duty in relation to the Act or these Regulations;
*“Pension” means a pension under the Act, and, except in Part II. of these Regulations, includes a pension or similar allowance granted in pursuance of any Commonwealth or State Act;
“Pensioner” means a person to whom a pension has been granted under the Act, or under any Act repealed by the Act;
“Registrar” means a Registrar of War Pensions appointed under the Act;
“Soldier” means an Australian soldier as defined in section forty-six of the Act;
“The Act” means the
Australian Soldiers’ Repatriation Act 1920, and includes any amendment of that Act;“The Department” means the Department of Repatriation;
“Totally and Permanently Incapacitated Soldier” means a soldier who has been accepted by the Commission as incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage;
“Trustee” means a trustee appointed under these Regulations; “War Pension” means a pension under the Act;
“Widow” includes a person who is eligible for a war pension under section thirty-six of the Act;
“Widowed Mother means a widowed mother of—
(
a ) a deceased unmarried soldier; or(
b )a deceased unmarried soldier who was born out of wedlock and brought up by her,who became a widow prior to or within three years after the death of the soldier; and includes an unmarried mother of a deceased unmarried soldier who was brought up by her;
“Widowed Stepmother” means a widowed stepmother of a deceased unmarried soldier who became a widow prior to or within three years after the death of the soldier;
“Wife”, in relation to a soldier, does not include any wife married to a soldier after the first day of October One thousand nine hundred and thirty-one.
Part II.—Pensions.
“Child” means any dependant under the age of sixteen years being a son, daughter, step-son, step daughter, or adopted child of a member of the Forces, but does not include—
(i) any step-son, step-daughter, or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or
(ii) any child born to a member after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies and his death is accepted for the purposes of the Act and of these Regulations as attributable to war service;
“Dependants” means such dependants of a member of the Forces as are entitled to pension under the Act;
“Pension” means a pension under the Act.
(
a ) where a pensioner is under the age of sixteen years;(
b ) where a pensioner is of unsound mind;(
c ) where a pensioner consents to the payment of his pension to some other person; or(
d ) in such other cases as he thinks fit,
appoint a person to be the trustee of the pensioner, or assume the trusteeship himself.
REPATRIATION—
(2.) The pension may be paid to the trustee, and the trustee may collect and disburse the pension for the benefit of the pensioner subject to the directions of the Commission or the Deputy Commissioner.
Provided that where a dependant is under the age of sixteen years, the claim shall be made in accordance with Form X and the declaration on that form may be made by any person who has a knowledge of the facts and who is more than sixteen years of age:
Provided further that claims on behalf of the wife of an incapacitated member, and such of his children as are under the age of sixteen years, may be included in the claim of the member.
Provided that, for any special reason, the Registrar may dispense with the attendance of the claimant or the other person.
(
a )the exact relationship which the person for whom a pension is claimed bears to the member; and(
b )the extent to which the person for whom a pension is claimed was within twelve months prior to the enlistment or appointment of the member dependent on the earnings of the member:
Provided that there shall be no necessity to make inquiries as to dependence in the case of—
(i) the wife or widow of a member,
(ii) the children (under sixteen years of age) of a member,
(iii) the widowed mother of a deceased unmarried member, or
(iv) a parent of a deceased member, who claims a pension or an increase of pension on the ground that he is without adequate means of support.
(2.) Where a parent claims a pension or an increase of pension on the ground that he is without adequate means of support, full inquiries shall be made as to his means of support.
REPATRIATION—
A postmaster or postmistress, or person in charge of a post office, a police, stipendiary or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified medical practitioner, a notary public, a commissioner for affidavits, a registrar under the
Invalid and Old-age Pensions Act 1908-1933, a minister of religion, an officer of the Repatriation Department, a member of the Parliament of the Commonwealth, or a commissioned officer of the Australian Military Forces.
(2.) If any person makes any false statement in any declaration or form provided for under this Part of these Regulations (whether or not made before any of the persons mentioned in the preceding sub-regulation) he shall be guilty of an offence against these Regulations.
Penalty: Twenty-five pounds.
(3.) Any person convicted of an offence against this regulation may, in addition to any penalty imposed in respect of such offence, be ordered to repay or return to the Commission, any money, certificate or document received by him in consequence of the untrue statement in respect of which the offence was committed.
(4.) This regulation shall not affect the liability of any person to be proceeded against under anyother law but he shall not be liable to be punished twice in respect of the same offence.
Provided that in the case of pensioners not residing in Australia, the Commission may make any arrangements for payment which are practicable.
to time issued by the Commission: Provided further that, if so instructed by the Commission or a Deputy Commissioner, the postmaster or other officer shall not make payment of the pension:
Provided also that the postmaster or other officer shall not make payment of any instalment of the pension until he has made a note, in relation to the payment, on the pension certificate, which shall be produced to him for that purpose.
(2.) The Postmaster or other officer authorized to make payment of the pension may refuse to pay any instalment of pension due if he is not satisfied that the person presenting such receipt is the pensioner or trustee.
Penalty: Twenty-five pounds.
(2.) No pensioner shall obtain an advance of money or goods upon the security of his pension, or any instalment thereof, and no pensioner shall purport to transfer or assign or create any charge on his pension or any instalment thereof.
Penalty: Twenty-five pounds.
Provided that where a trustee appointed to receive instalments on behalf of a single or widowed female pensioner makes a declaration that the pensioner has not married or re-married it shall not be necessary for the pensioner to complete a declaration in Form N.
REPATRIATION—
The application in accordance with Form ZZ shall, if approved by the postmaster or other officer, be transmitted to a Deputy Commissioner.
Provided that the Deputy Commissioner shall not authorize payment to any person who is not a legal representative of the deceased until the Deputy Commissioner has satisfied himself that probate of will or letters of administration will not be applied for.
(2.) In this regulation “Registrar of Deaths” means any Commonwealth or State officer charged with the duty of registering deaths.
(2.) Such appeal shall be made in accordance with Form TA or TB, as the case requires.
(2.) Notice of the hearing of the appeal shall be given to the appellant and the Commission not less than fourteen days prior to the date fixed for the hearing of the appeal.
(2.) A record of all appeals heard and decisions given by an Appeal Tribunal shall be kept by the Tribunal.
REPATRIATION—
(2.) Notice of the hearing of the appeal shall be given to the appellant and the Commission not less than seven days prior to the date fixed for the hearing of the appeal.
(2.) A record of all appeals heard and decision given by an Assessment Appeal Tribunal shall be kept by the Tribunal.
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(2.) An Appeal Tribunal or an Assessment Appeal Tribunal may, on the advice of a Departmental Medical Officer or Local Medical officer, as the case may be, authorize an attendant to accompany an appellant and may provide for the attendant a fare of the same class
as that of the appellant, and in addition an allowance not exceeding 10s. per day for such period as is considered reasonable to complete the forward and return journeys.
(3.) In the case of an appellant resident within fifteen miles from the place of hearing of the appeal whose incapacity is, in the opinion of a Departmental Medical Officer, of such a nature that it is necessary for him to be conveyed in an ambulance or other special conveyance, he shall be entitled to receive any reasonable cost involved in the use by him of such ambulance or special conveyance to attend at the place of hearing, and, in addition, an amount not exceeding 7s. 6d. if other financial loss to the appellant is involved.
Part III.—General.
(2.) The decision of the Commission shall be final.
Provided that interest shall be charged only upon so much of the loan as exceeds £50.
REPATRIATION—
(
a ) the general circumstances of the person to whom the assistance by way of loan or hire purchase is granted;(
b ) the purpose for which the assistance by way of loan or hire purchase is granted; and(
c ) the rate of depreciation and the period within which the asset to be acquired is likely to become obsolete,
but the assistance by way of loan or hire purchase shall, as far as possible, be repayable in accordance with a schedule approved by the Commission.
Provided that the rate of interest shall not be reduced below the rate ruling at the time the renewal is granted.
Provided that where the amount exceeds one hundred pounds, the Deputy Commissioner shall refer the case, with a recommendation, to the Commission for determination.
(2.) The repayment of the amount of the value of the property shall be effectively secured by such legal documents and such security as a Deputy Commissioner requires the person to execute or furnish.
(
a )revoke or recall any loan, gift, promise of assistance or contract, if he is satisfied 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(
b ) vary the whole or any part of the conditions attached to the loan, gift, promise of assistance or contract, if he is satisfied—(i) 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; or
(ii) 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 Deputy Commissioner revokes, recalls or varies any conditions in pursuance of the last preceding sub-regulation he shall forthwith furnish to the Commission a statement of the reasons for the revocation, recall or variation.
(3.) A Deputy Commissioner may authorize the sale of any property recalled under this regulation, when a sale is deemed necessary or advantageous in the interests of the Department.
Penalty: Twenty-five pounds.
(2.) No trader or person to whom an order granted under these Regulations is presented shall supply to the person presenting the order any money or goods in lieu of the goods specified in the order.
Penalty: Twenty-five pounds.
REPATRIATION—
(2.) Upon such review, the Board or the Deputy Commissioner may increase, reduce or cancel the grant and such action may be taken notwithstanding that the person to whom such assistance or benefits have been granted refuses or fails to attend at the time and place fixed by the Board or the Deputy Commissioner for the review.
Part IV.—Local Committees.
(
a )In the case of metropolitan or city areas, such division thereof as the Commission 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 Commission 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 Commission 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 Commission.
(2.) For the purposes of the appointment of a member of a Local Committee, a Deputy Commissioner may, after taking all factors into consideration, select from reputable persons resident in the Local Committee area, including persons nominated by the Local Committee in pursuance of regulation 73 of these Regulations, and shall submit the name of each person selected to the Commission, with such information and recommendation as he deems advisable.
(
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 keep in touch with soldiers and the dependants of soldiers for the purpose of advising and assisting them when necessary;
(
e ) to do all such other things as the Local Committee considers beneficial to soldiers and their dependants; and(
f ) to nominate persons for selection by a Deputy Commissioner as persons to be appointed to a Local Committee.
(2.) Nothing in this regulation shall be deemed to authorize a Local Committee to enter into any undertaking which imposes any liability on the Commission.
(
a )to furnish to the Deputy Commissioner for the State as required returns showing the transactions of the Committee on behalf of any soldier or dependant;(
b )to keep such records and books of account as may be necessary to record contributions received or moneys raised and any expenditure or allotment therefrom; and(
c ) to furnish to the Deputy Commissioner when required by him—(i) a statement, certified as correct by a competent auditor and by the Secretary of the Local Committee, showing, in respect of contributions received in pursuance of regulation 73 of these Regulations, the total receipts, total expenditure on benefits to soldiers or their dependants, total expenditure on administration, balance held, where banked or how invested; the statement to show progressive figures from the earliest date from which particulars are available and the qualification, trade or profession of the auditor;
(ii) a list of the full names, occupations, and addresses of the members of the Local Committee; and
(
d )to furnish such other information as the Commissioner or a Deputy Commissioner from time to time requires.
(2.) If any notice given in
pursuance of sub-regulation (1.) of this regulation is not complied with to the
satisfaction of the Deputy Commissioner, the Commission may, by notification in
the
(3.) Upon notification by the Commission that the funds of a Local Committee have been vested in the Commission pursuant to sub-regulation (2.) of this regulation, any person or body having the control of those funds shall transfer the funds to the Commission or otherwise deal with them as directed by the Deputy Commissioner.
REPATRIATION—
(2.) The Commission may, for any reason which appears to it to be a good and sufficient reason, remove from office any member of the Executive of a Local Committee.
(3.) The place of any member of the Executive of a Local Committee shall become vacant if he, without leave of the Executive, absents himself from three consecutive meetings of the Executive.
(4.) If any member of the Executive of a Local Committee is removed from office, or his place becomes vacant, another member shall be appointed in his place.
(5.) Any member of the Executive of a Local Committee holding office at the commencement of these Regulations shall be deemed to have been duly appointed a member of the Executive.
(6.) In addition to any of the powers and functions conferred on the Executive of a Local Committee by these Regulations, the Executive of a Local Committee shall have such powers and functions as the Local Committee confers upon it.
(i) the placing of soldiers in employment; and
(ii) the supervision of the expenditure of money granted to an applicant from Departmental funds.
(
a )to report to the Deputy Commissioner for the State at such periods as are directed upon the progress of soldiers, or their dependants, within the Local Committee area, who have received assistance from Departmental funds;(
b ) to keep such records and to submit such returns with regard to expenditure of Departmental funds as may be required by the Department; and(
c ) to keep such records and submit such returns as may be required by the Department with regard to applications for employment and assistance, and with regard to employment found and assistance granted.
Provided that nothing in this regulation shall prevent any member of the Executive from trading in the ordinary course of business with any returned soldier.
Provided that in the case of a Country Local Committee appointed for an area containing a population of 20,000 or over a Deputy Commissioner may appoint the Secretary and such other officers as the Commission directs.
Past V.—Living Allowances.
(
a )has a husband so incapacitated as to be unable to contribute materially to her support;(
b ) was married to such husband prior to the enlistment of the deceased soldier; and(
c ) was dependent on the deceased soldier prior to enlistment, or would have been dependent on him but for his enlistment prior to his reaching a reasonable earning capacity,
such allowance whilst they are resident within the Commonwealth as will ensure to the parents an income from all sources not exceeding 60s. per fortnight each, inclusive of their combined pensions:
Provided that this regulation shall not apply to any mother unless the husband’s incapacitation occurred prior to or within three years after the decease of the soldier:
Provided further that, in the event of the death of the husband, any allowance granted under this regulation shall continue to be paid to the mother but shall not exceed such amount as will ensure to the mother an income from all sources not exceeding 60s. per fortnight inclusive of pension.
REPATRIATION—
(
a ) is incapacitated;(
b ) is a widower; and(
c ) was dependent on the deceased soldier prior to his enlistment, or would have been dependent on him but for his enlistment prior to his reaching a reasonable earning capacity,
such allowance whilst he is resident in the Commonwealth as will ensure to him an income from all sources not exceeding 60s. per fortnight inclusive of pension:
Provided that this regulation shall not apply to any father unless his incapacitation occurred prior to or within three years after the decease of the soldier.
(
a ) to the divorced, deserted or unmarried mother; or(
b ) to the widowed, deserted or divorced stepmother,
of a deceased unmarried soldier who was prior to his enlistment dependent upon him, or would have been dependent upon him but for his enlistment, prior to his reaching a reasonable earning capacity, and who is resident within the Commonwealth, such allowance as will ensure to her an income from all sources not exceeding 60s. per fortnight inclusive of pension:
Provided that this regulation shall not apply to any mother unless the divorce, desertion or death of the husband occurred prior to or within three years after the decease of the soldier.
(
a )the children are in necessitous circumstances, and are over the age of ten years;(
b ) the widow is not in receipt of a widow’s war pension; and(
c ) the stepfather is incapacitated, or has neglected his parental obligations.
(
a ) who has re-married;(
b ) the widow is not in receipt of a widow’s war pension; and(
c ) who is without adequate means of support; and(
d ) who is resident in the Commonwealth,
such allowance as will provide her—
(i) if she has no children, with an income from all sources of 60s. per fortnight (inclusive of any pension), but so that the allowance granted under this regulation shall not exceed 40s. per fortnight;
(ii) if she has one child, with an income from all sources of 90s. per fortnight (inclusive of any pensions payable to her and to the child), but so that the allowance granted under this regulation shall not exceed 50s. per fortnight;
(iii) if she has two children, with an income from all sources of 105s. per fortnight (inclusive of any pensions payable to her and to the children), but so that the allowance granted under this regulation shall not exceed 55s. per fortnight;
(iv) if she has three children, with an income from all sources of 115s. per fortnight (inclusive of the pensions payable to her and to the children), but so that the allowance granted under this regulation shall not exceed 60s. per fortnight; and
(v) if she has four or more children, with an income from all sources of 120s. per fortnight (inclusive of the pensions payable to her and to the children), but so that the allowance granted under this regulation shall not exceed 65s. per fortnight.
(
a ) who are motherless;(
b ) who are deserted by their mother;(
c ) who are neglected by their mother so as to necessitate their removal from her care; or(
d ) whose mother is an inmate of a mental institution,
an allowance of 10s. per fortnight, in addition to war pension, provided that the children—
(i) are in necessitous circumstances; and
(ii) are placed with guardians.
Provided that she is or they are in necessitous circumstances.
(2.) For the purpose of this regulation “widow” includes a person who was prior to the death of a soldier recognized as his wife although not legally married to him.
REPATRIATION—
(
a ) is married; and(
b )has been certified by a Departmental Medical Officer as having been temporarily totally incapacitated for a longer period than three months,
an allowance, in addition to his war pension, not exceeding 40s. per fortnight:
Provided that such allowance shall be payable only from the day following the date of expiration of the period of three months aforementioned:
Provided further that the allowance shall not be payable to a soldier who is maintained in an establishment at the public expense.
(
a ) ensure, in respect of the soldier an income of 84s. per fortnight inclusive of his war pension and earnings; and(
b ) if the soldier is married, ensure—(i) in respect of his wife, an income, inclusive of her pension and earnings, equivalent to the maximum rate of war pension payable to the wife of an incapacitated soldier; and
(ii) in respect of each of his children, an income, inclusive of the child’s pension and earnings, equivalent to the maximum rate of war pension payable to the child of an incapacitated soldier:
Provided that in no case shall the total amount granted to any soldier in respect of himself and his wife and children exceed 32s. per fortnight.
Provided further that, if the soldier is able but fails or neglects to earn some portion of a living wage, the Commission may, for the purpose of this regulation, assess and take into consideration as income earned, any amount which it considers the soldier should be receiving as earnings from the occupation which his disablement does not debar him from following:
Provided also that, where the wife or children of the soldier are engaged in any occupation, the Commission may take their earnings into consideration in assessing the amount of the allowance to be granted to the soldier in respect of himself, his wife and children.
Provided also that the allowance shall not be payable to a soldier who is maintained in an establishment at the public expense.
(
a ) is a widower with children who are being maintained by him; or(
b )is divorced from his wife, and has children who are being maintained by him,
shall be deemed to be married.
(2.) In the case of a soldier whose eyesight is, in the opinion of the Commission, so defective that he has no useful sight, and who is in receipt of a war pension under the Second Schedule to the Act, the Commission may in its discretion grant to the soldier an allowance, not exceeding 40s. per fortnight, to provide for the services of an attendant, if and so long as the Commission is satisfied that the services of an attendant are necessary.
(3) No allowance under this regulation shall be payable to any soldier who is maintained in an establishment at the public expense.
Provided that in no case shall the soldier’s combined war pension and allowance under this regulation exceed the amount which would be payable to him under Column 4 of the First Schedule to the Act if he were totally incapacitated.
(
a ) is over the age of 16 years;(
b )was in receipt of a war pension or an allowance under regulation 96 of these Regulations as the “child” of a soldier;(
c ) was, upon the termination of the “child’s” war pension or allowance, in the opinion of the Commission, unable to earn a livelihood;
REPATRIATION—
(
d )is not otherwise entitled to a war pension under the Act or an allowance under these Regulations,
an allowance not exceeding the rate specified in Column 2 of the First Schedule to the Act opposite the rate of pay of the member.
Part VI.—Education and Training of Children.
“eligible child” means the child under the age of eighteen years of a deceased or of a totally and permanently incapacitated soldier but does not include—
(i) any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or
(ii) any child born to a soldier after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies and his death is accepted for the purposes of the Act and of these Regulations as attributable to war service;
“the scheme” means the Soldiers’ Children Education Scheme referred to in regulation 103 of these Regulations.
(2.) Subject to the next succeeding sub-regulation an Education Board shall consist of three representatives to be nominated by the Director, or other chief officer of education of a State and representing respectively the State Primary, the State Secondary, and the State Technical Educational Institutions in the State, one representative nominated by the governing body of the University in the State, one representative nominated by the State branch of Returned Sailors and Soldiers’ Imperial League of Australia, one representative of the Department nominated by the Commission, one representative in respect of each Trust Fund from which the sum of at least £5,000 is contributed for the purposes of the scheme, one representative of the Trust administering the Sir Samuel McCaughey Bequest, two representatives nominated in the manner determined by the Commission of such non-State Secondary Schools in the State as donate at least one full free scholarship for the purposes of the scheme, and one representative nominated in the manner determined by the Commission of Headmistresses of such
Girls’ Secondary Schools in the State as donate at least one full free scholarship for the purposes of the scheme, and such other persons as may be selected by the Commission.
(3.) Notwithstanding anything contained in the last preceding sub-regulation the Soldiers’ Children Scholarship Trust in the State of Western Australia and such other persons as are nominated in accordance with the last preceding sub-regulation as the representatives of such of the bodies and persons mentioned in the last preceding sub-regulation as are not represented in the Trust shall be deemed to be the Education Board in the State of Western Australia.
(4.) At their first meeting in each calendar year the members of an Education Board shall elect one of their number to be the Chairman of the Education Board and another member to be the Deputy Chairman of the Education Board.
(5.) In the absence of the Chairman from any meeting of the Education Board, the Deputy Chairman shall preside, and in the absence of both the Chairman and the Deputy Chairman, the members present at the meeting shall elect one of their number to preside at the meeting.
(6.) The Chairman, and, in his absence, the Deputy Chairman, and in the absence of both the member elected to preside at the meeting of an Education Board, shall have a casting vote only.
(7.) Five members of an Education Board shall form a quorum.
(2.) In the event of a vacancy occurring by reason of the death, resignation or forfeiture of office of any member of an Education Board, the vacancy shall be filled in the same manner as the member, whose death, resignation or forfeiture of office caused the vacancy, was chosen.
(
a ) to secure the granting of free scholarships to eligible children;(
b ) to require applicants to furnish such information in addition to that contained in their applications, as the Education Board thinks fit;(
c ) to grant or refuse applications and place the children to be benefited in the proper courses of education or training selected;(
d ) to obtain, from time to time, reports on the progress of children so placed;(
e )to grant maintenance allowances to children so placed or to their mothers or guardians;(
f )to make recommendations to the Commission with respect to the welfare of children so placed; and
REPATRIATION—
(
g )to delegate any of its powers under this regulation except its powers of delegation to a sub-Committee of its members so that the delegated powers may be exercised by the sub-Committee.
Part VII.—Medical Treatment and Sustenance.
Provided that where a Deputy Commissioner or a Departmental Medical Officer considers that renewals of, or repairs to, artificial replacements surgical aids and appliances have been rendered necessary by the carelessness or wilful act of the soldier, the cost of effecting the renewals and the repairs, or such portion of the cost as the Deputy Commissioner thinks fit, shall be borne by the soldier.
(2.) Except as otherwise determined by the Commission, any article supplied to a soldier in pursuance of sub-regulation (1.) of this regulation shall remain the property of the Commission, and the Commission may at any time, if not satisfied that the article is being put to proper use, require its return.
(
a ) the necessities of treatment for a disability due to or materially aggravated by war service; or(
b )awaiting the supply of, or repairs to, artificial limbs or other surgical appliances,
a Deputy Commissioner may, for such period as the Departmental Medical Officer specifies in his certificate, grant sustenance allowance to the soldier in accordance with the following scale but so that the total income of the soldier shall not exceed the sum of amounts payable in accordance with that scale:—
In respect of— | Fortnightly Amount. | |
(i) the soldier.............................................................................................. | 84 | 0 |
(ii) the wife of the soldier............................................................................ | 32 | 5 |
(iii) each child of the soldier........................................................................ | 12 | 0 |
Provided that, in the case of a soldier without dependants, sustenance allowance shall not be payable where the soldier is undergoing inpatient treatment at an institution maintained at the public expense:
Provided further that sustenance allowance shall not be payable in any case of a soldier whose war pension has been assessed at a rate not to be increased.
(2.) For the purposes of this regulation, “Total income” means the income of the soldier from all sources including the amounts payable under this regulation and the pensions granted in respect of himself, wife and children, as the case may be.
(
a ) a claim by a soldier that he is suffering incapacity; or(
b ) war pension in respect of a soldier.
(2.) Where a Departmental Medical Officer certifies that the necessities of any investigation in pursuance of sub-regulation (1.) of this regulation prevent a soldier from following his usual occupation, a Deputy Commissioner may, for such period as the Departmental Medical Officer specifies in his certificate, grant sustenance allowance in accordance with the rates and conditions specified in regulation 113 of these Regulations.
REPATRIATION—
(2.) For the purposes of this regulation—
“Child” does not include the child of a widow who re-marries, unless in the opinion of a Deputy Commissioner, the special circumstances of the case justify his inclusion.
(
a ) to obtain medical treatment;(
b ) for restoration of his health;(
c ) to be fitted for artificial replacements or other surgical appliances:(
d ) to proceed to hospital; or(
e ) for war pension purposes;
grant his fare to and from his place of treatment or examination, together with sustenance in accordance with Regulation 113 of these Regulations, and reasonable subsistence expenses, necessarily incurred, not exceeding 10s. per day when travelling by land, and 3s. per day when travelling by sea.
(2.) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or Local Medical Officer, as the case may be, authorize an attendant to accompany a soldier who is travelling to hospital and may provide for the attendant on the forward journey a fare of the same class as the patient, and on the return journey a second-class fare, and in addition reasonable subsistence expenses, necessarily incurred, not exceeding 10s. per day for such period as is considered reasonable to complete the forward and return journeys.
(3.) A Deputy Commissioner may, only in special cases, on the advice of a Departmental Medical Officer or Local Medical Officer, as the case may be, authorize the payment of first-class fares with or without sleeping berths.
Part VIII.—Securities.
(2.) A security shall not be liable to be avoided, invalidated, postponed or defeated, or have its operation lessened, weakened or restricted by any law of the Commonwealth or a State inconsistent with the Act and these Regulations.
(
a ) any extension of time for the payment of money or for the doing of any act or other variation of its conditions granted by the Commission or any officer of the Commonwealth, to the person who gave the security or to any other person, but the security shall have effect in all respects as if the time or condition as so extended or varied had at all material times appeared in the security in lieu of the time or condition therein appearing; or(
b ) any accidental misdescription of property or premises or any clerical error or omission, and the security shall be read and have effect in all respects as if such misdescription, error or omission had been corrected and the security had at all material times appeared as so corrected.
(2.) It shall not be necessary for a security to be under seal and a security shall, without sealing, be as valid and enforceable as if sealed by the person giving it.
REPATRIATION—
War Pensions Assessment Appeal Tribunal,
Memo for
……………………………………..
……………………………………..
……………………………………….
You are informed that the following is the result of your Appeal to the War Pensions Assessment Appeal Tribunal.
Decision of Tribunal.
Date of hearing....................
Place of hearing....................
Appropriate advice has been forwarded to the Repatriation Commission in this connexion.
Regulation 52. Form Th.
War Pensions Entitlement Appeal Tribunal.
War Pensions Assessment Appeal Tribunal.
Name of Appellant: Surname..................................................... Christian Names...................................
(Block Letters)
Regimental Particulars: Regtl. No........................... Rank............................ Unit.....................................
Undertaking.
I,......................................
hereby undertake to respect the confidential nature of any information
contained in my record (
Signature………………..................................
Address………………….................................
………………………………………
Date.............................................
* Signature of Witness—
……………………………………………
…………………………………………….
Date…...........................................
*Signature to be witnessed by a Commissioner for Affidavits, Commissioner for Declarations, or a Justice of the Peace.
Regulation 48. Form Tj.
Registered No……............
R. No……............
C. No……............
——
Appeal by Member of the Forces (not in Receipt of a Pension) to Assessment appeal Tribunal
I,................................, hereby appeal against the decision of the Repatriation Commission that my accepted war disability is so slight that incapacity resulting therefrom does not warrant a pension assessment, and declare that the following particulars are correct.
I agree to submit to such medical examinations as are, in the opinion of the Assessment Appeal Tribunal, deemed necessary in order to determine this appeal.
REPATRIATION—
1. Name—Surname (in block letters)................ | …………………………………………………… | ||
| …………………………………………………… | ||
|
| Rank: | Unit: |
…………….... | ………… | ………….. | |
…………………………………………………… | |||
| |||
| |||
| |||
To the
Deputy Commissioner for Repatriation, *
………………………………
* Insert capital city of State in which appellant resides.
If acknowledgment of receipt of this form is not received within one week, appellant should communicate with the Deputy Commissioner.
Regulation 12.
Form U.
Commonwealth of Australia.
RECORD OF EVIDENCE.
Evidence given by of
in respect of the claim made by
for a pension to be paid to
(Signed)
Date
The foregoing evidence was read by me to the person who gave it before he (or she) signed this sheet.
*Registrar of Pensions at
*Special Magistrate at
Date
*Strike out what is inapplicable.
Regulation 11.
Form W.
Commonwealth of Australia.
REQUEST TO CLAIMANT FOR ATTENDANCE.
To
You are requested to attend at my office at o’clock in the noon of 19 , in order that you may give evidence in relation to the claim made by you for a war pension. It is further requested that you bring with you some other person over the age of sixteen years who has a knowledge of the circumstances of the person or persons for whom pension is claimed.
If you are unable to attend, you should so inform me immediately, and give the reason which prevents your attendance.
* Registrar of Pensions.
* Special Magistrate.
Date
*Strike out what is inapplicable.
Regulation 9.
Form X.
Commonwealth of Australia.
CLAIM FOR WAR PENSION.
(This Form is to be used only in claiming Pensions for Dependants under the age of sixteen years.)
Section 44 of the
Any person who—
(
a ) makes, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any application for pension;(
b ) obtains any pension or instalment of pension which is not payable;(
c ) obtains payment of any pension or instalment of pension by means of any false or misleading statement; or(
d )makes or presents to the Minister or the Commission or to any officer doing duty in relation to this Act or the Regulations, any statement or document which is false in any particular,
shall be guilty of an offence.
Penalty: Fifty pounds or imprisonment for six months.
To the Deputy Commissioner of Repatriation at
I, [
4716.—17
REPATRIATION—
Questions and requests for information. | Replies. | |
| ||
| No. | Rank |
Regiment, &c. | ||
| ||
State in respect of his first marriage:—
| ||
| ||
| ||
| ||
* State here whether the relationship is that of son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, adopted child, ex-nuptial child or ex-nuptial grandchild.
Questions and requests for information. | Replies. |
| |
| |
| |
| |
| |
| |
What is your relationship to the dependants?..... | |
| |
| |
| |
|
* State here whether the relationship is that of son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, adopted child, ex-nuptial child or ex-nuptial grandchild.
* If the dependants have a parent, the parent’s name and address should be here given unless the parent is a person to whom, for any reason, the pension should not be paid.
REPATRIATION—
Questions and requests for information. | Replies. |
| |
| |
| |
| |
|
Declared at the day of 19 .
Signature of Declarant—
Before me,
*
* The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Postmaster,” &c.
The declaration may be made before any of the following persons:—A postmaster
or postmistress, or person in charge of a post office, a police, stipendiary,
or special magistrate of the Commonwealth or of a State, a justice of the
peace, a barrister or solicitor, a State school head-teacher, an officer of the
Department of Trade and Customs, a member of the police force of the
Commonwealth or of a State, a legally qualified medical practitioner, a notary
public, a commissioner for affidavits, a registrar under the
The foregoing claim was received by me on 19 .
|
|
|
Date
Regulation 9.
Form Y
Commonwealth of Australia.
CLAIM FOR WAR PENSION.
Claim by a Dependant (including Wife or Widow) Over the Age of Sixteen Years.
Section 44 of the
Any person who—
(
a ) makes, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any application for pension;(
b ) obtains any pension or instalment of pension which is not payable;(
c ) obtains payment of any pension or instalment of pension by means of any false or misleading statement; or(
d ) makes or presents to the Minister or the Commission or to any officer doing duty in relation to this Act or the Regulations, any statement or document which is false in any particular,
shall be guilty of an offence.
Penalty: Fifty pounds or imprisonment for six months.
To the Deputy Commissioner of Repatriation at
I, [
Questions and requests for information. | Replies. | |
| ||
| No. | Rank |
Regiment, &c. | ||
| ||
When was he born? (Give exact date, if known) | ||
| ||
| ||
| ||
| ||
REPATRIATION—
Questions and requests for information. | Replies. |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
|
Questions and requests for information. | Replies. |
| |
| |
| |
| |
| |
|
Declared at the day of 19 .
Signature of Declarant—
Before me.
*
* The person before whom this declaration is made, to sign here and add the title by which he takes the declaration, such as “Postmaster,” &c.
The declaration may be made before any of the following persons:—A postmaster
or postmistress or person in charge of a post office, a police, stipendiary, or
special magistrate of the Commonwealth or of a State, a justice of the peace, a
barrister or solicitor, a State school head-teacher, an officer of the
Department of Trade and Customs, a member of the police force of the
Commonwealth or of a State, a legally qualified medical practitioner, a notary
public, a commissioner for affidavits, a registrar under the
The foregoing claim was received by me on 19 .
Registrar of Pensions at Date
REPATRIATION—
Regulation 8.
Form Z.
Commonwealth of Australia.
CLAIM FOR WAR PENSION.
Claim by an Incapacitated Member of the Forces.
Section 44 of the
Any person who—
(
a ) makes, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any application for pension;(
b ) obtains any pension or instalment of pension which is not payable;(
c ) obtains payment of any pension or instalment of pension by means of any false or misleading statement; or(
d )makes or presents to the Minister or the Commission or to any officer doing duty in relation to this Act or the Regulations, any statement or document which is false in any particular,
shall be guilty of an offence.
Penalty: Fifty pounds or imprisonment for six months.
To the Deputy Commissioner of Repatriation at
I, [
Questions and requests for information. | Replies. | ||||
|
| Rank | |||
| |||||
|
| ||||
|
| ||||
| |||||
| Full Maiden Name of Wife. | Place of Marriage. | Date of Marriage. | If wife still living. | Present Address. |
| |||||
If
you have any
Full Names of Children. | Date of Birth. | Place of Birth. | Where Living at Present. | ||
Questions and requests for information. | Replies. | ||||
| Name | ||||
Address | |||||
| |||||
| |||||
| |||||
| |||||
| |||||
Declared at the day of 19
Signature of Declarant—
Before me,
*
* The person before whom this declaration is made to sign here and add the title by which he takes the declaration, such as “Postmaster,” &c.
The declaration may be made before any of the following persons:—A postmaster
or postmistress, or person in charge of a post office, a police, stipendiary,
or special magistrate of the Commonwealth or of a State, a justice of the
peace, a barrister or solicitor, a State school head-teacher, an officer of the
Department of Trade and Customs, a member of the police force of the
Commonwealth or of a State, a legally qualified medical practitioner, a notary
public, a commissioner for affidavits, a registrar under the
The foregoing claim was received by me on 19
|
|
|
Date
REPATRIATION—
Regulation 39.
Form WW.
Commonwealth of Australia.
NOTICE OF DEATH.
To the Deputy Commissioner of Pensions at
I advise that I have received notice of the death of* who died on the day of 19 , aged years, and I believe him to have been a pensioner under the abovenamed Act whose Pension was paid at
District Registrar of Births, Deaths, and Marriages,
or, Official charged with duty of registering deaths.
Address of the official making this report Date 19
A regulation under the
Regulation 37.
Form ZZ.
Commonwealth of Australia.
APPLICATION FOR CHANGE OF PLACE OF PAYMENT.
(Application, accompanied by Pension Certificate, must be sent to Postmaster or other Officer who pays Pension.)
Address
Pension Certificate No. Date
I hereby apply that place of payment of the Pension be changed from to for the following reasons: —
My new address will be—
Signature of applicant.
I beg to report to the Deputy Commissioner of Pensions at that I have authorized the transfer from to The last payment made at this office was due on “Pension Thursday”, the 19 . Postmaster or Paying Officer.
N.B.—Postmasters cannot authorize transfers to places outside the Commonwealth (see clause 38 of “Instructions to Postmasters”).
The following Table indicates the regulations under the above heading which have been made or affected during the year 1934, and the numbers of the respective Statutory Rules making or affecting those regulations. The Statutory Rules in question are set out after the Table:—
Regulation No. | Statutory Rules, 1934, No. |
3 | 150 |
62a | 150 |
65 | 55, 150 |
66, 68, 76, 79 | 55 |
80, 81 | 150 |
85 | 96 |
(
0
0
0