Australian Soldiers' Repatriation Regulations (Cth)

STATUTORY RULES.

1925. No. 110.

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920–1922.

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 1920–1922, to come into operation forthwith.

Dated this second day of July, 1925.

FORSTER,
Governor-General.

By His Excellency’s Command,

THOS. W. CRAWFORD,
For Minister of State for Defence.

AUSTRALIAN SOLDIERS’ REPATRIATION REGULATIONS.

Part I.—Preliminary.

Short title.

1. These Regulations may be cited as the Australian Soldiers’ Repatriation Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.
Part II.—Pensions.
Part III.—General—
Division 1.—Applications for Assistance.
Division 2.—Conditions governing Advances.
Part IV.—Local Committees.
Part V.—Industrial Committees—
Division 1.—Soldiers’ State Industrial Committees.
Division 2.—Soldiers’ Industrial Committees.
Part VI.—Employment and Sustenance.
Part VIa.—Living Allowance.
Part VII.—Vocational and Professional Training.
Part VIIa.—Education and Training of children.
Part VIII.—Medical Treatment.
Part IX.—Furniture, Equipment and Businesses—
Division 1.—Furniture and Equipment.
Division 2.—Businesses, Plant, &c.
Division 3.—Co-operative Businesses.
Part X.—Transportation.
Part XI.—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 XII.—Miscellaneous.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Applicant” means a person applying for assistance and benefits under the Act;
“Child” means the child of a deceased or incapacitated Australian soldier who—
(a) is, by reason of mental or physical disability, incapable of contributing to his own support; or
(b) is under the age of sixteen years;
“Claim” means a claim for a pension in accordance with the Act;
“Claimant” means a person who has made a claim for a 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;
“Departmental Medical Officer” means the Senior Medical Officer of the Head Office in the State appointed under the Act;
“Dependants” means such dependants of an Australian soldier as are entitled to assistance and benefits under 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;
“Incapacitated Soldier” means one whose capacity, as a result of War service, is less than it was at the time of his enlistment;
“Incapacity” means bodily or mental infirmity which wholly or in part prevents the earning of a livelihood and which results or has resulted from or occurred during employment as a member of the Forces;
“Industrial Trainee” or “Trainee” means an applicant entered for training in a workshop or training institution;
“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 recognised for the particular locality;
“Local Committee” means a Local Committee appointed under the Act;
“Local Medical Officer” means a Medical Officer for a Local Committee area appointed under the Act;
“Officer” means an officer doing duty in relation to the Act or these Regulations;
“Orphan” means the child of a deceased soldier whose death was due to War service;
“Pension” means a pension granted under the Act, and 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, and includes a person under the age of sixteen years as well as a person of unsound mind;

“Principal Departmental Medical Officer” means the Senior Medical Officer of the Department, appointed under the Act;
“Registrar” means a Registrar of War Pensions appointed under the Act;
“Soldier” means an Australian soldier within the meaning 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 whose capacity, as a result of the War, has been so reduced as to preclude his earning other than a negligible percentage of a living wage, or who cannot be usefully employed in national workshops or provided with such other employment as is approved by the Commission, and whose total incapacity is likely to continue indefinitely;
“Trustee” means a trustee appointed under these Regulations;
“Vocational Training Committee” means a Vocational Training Committee appointed under these Regulations.

Part II.—Pensions.

Definitions.

4. In this Part, unless the contrary intention appears—

“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;
‘‘Dependants” means—
(a) the wife or widow of a person, or the widowed mother of an unmarried son who is, or has been a member of the Forces, whose death or incapacity results from his employment in connexion with warlike operations;
(b) the children of any such person;
(c) any ex-nuptial children of that person born before the occurrence of the event resulting in his death or incapacity as aforesaid or within nine months after that event;
(d) such other members of the family of that person as were wholly or in part dependent upon his earnings at any time within twelve months prior to his enlistment or appointment;
(e) the parents of any such person who are, at any time after the occurrence of the event resulting in his death, without adequate means of support;
(f) the ex-nuptial child (wholly or in part dependent on the earnings of any such person at any time within twelve months prior to his enlistment or appointment) of a son or daughter of that person; and
(g) the parents or grandparents of any such person who is an ex-nuptial child, who were so dependent;
“Incapacity” includes incapacity of a member of the Forces arising from disease, not due to the default of the member, contracted by him while employed on active service;
“Pension’’ means a pension under the Act.

Power of Registrar of War Pensions to administer oaths.

5. Any personappointed under the Act to the office of Registrar of War Pensions shall have power to administer oaths, and shall have such other powers, duties and functions as are conferred or imposed on him by these Regulations.

Registrars of Old-age Pensions to be Registrars of War Pensions.

6. The persons for the time being holding the office of Registrar of Pensions under the Invalid and Old-age Pensions Act 1908–1923 shall be deemed to have been appointed under the Act to the office of Registrar of War Pensions.

Power to appoint trustees.

7. (1) The Commission or a Deputy Commissioner may—

(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 it or he thinks fit,

appoint a person to be the trustee of the pensioner.

(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.

Claim by incapacitated soldier.

8. Every member of the Forces who claims a pension on the ground that he suffers from an incapacity shall prepare a claim in accordance with Form Z.

Claim by dependant.

9. Every person who claims a pension on the ground that he is or was a dependant of a member of the Forces shall prepare a claim in accordance with Form Y:

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 of the Forces, and such of his children as are under the age of sixteen years, may be included in the claim of the member of the Forces.

Claims to be forwarded to Registrar.

10. Every claim shall be forwarded by the claimant to a Registrar or a Deputy Commissioner, who shall note on the claim the date of its receipt by him.

Investigation of claim by Registrar.

11. Whenever a Registrar receives a claim, he shall arrange for hearing the claimant and some other person over the age of sixteen years who knows the circumstances of the person for whom pension is claimed. If the claimant and the other person do not forthwith attend at the office of the Registrar, the Registrar shall forward to the claimant a request in accordance with Form W to attend at the office of the Registrar and to cause the other person to attend also:

Provided that, for any special reason, the Registrar may dispense with the attendance of the claimant or the other person.

Record of evidence.

12. All evidence given orally to the Registrar by the claimant and the other person shall be recorded in accordance with Form U.

Duty of Registrar in respect of claim by soldier.

13. Where the claim has been made by or on behalf of an incapacitated member of the Forces, the Registrar shall question the claimant and the other person with a view to ascertaining whether, in the claim, the replies to questions and requests for information fairly represent the facts, and shall forthwith report the result to a Deputy Commissioner, to whom at the same time the Registrar shall forward all the papers in the case.

Duty of Registrar in respect of claim by dependant.

14. Where the claim has been made by or on behalf of a dependant of a member of the Forces, the Registrar shall question the claimant and the other person with a view to ascertaining—

(a)the exact relationship which the person for whom a pension is claimed bears to the member of the Forces; 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 of the Forces:

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 of the Forces,
(ii) the children (under sixteen years of age) of a member of the Forces,
(iii) the widowed mother of a deceased unmarried member of the Forces, or
(iv) a parent of a deceased member of the Forces, who claims a pension or an increase of pension on the ground that he is without adequate means of support:

Provided further that 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.

Duty of Registrar in respect of claim by person of unsound mind, &c.

15. In the case of a claim made on behalf of a person under the age of sixteen years or on behalf of a person of unsound mind, the Registrar shall question the claimant and the other person with a view to ascertaining the name and address of some person who is suitable for appointment as trustee.

Inquiry by police.

16. If unable to satisfy himself by the examination of the claimant and the other person as to the extent of the dependence, and as to the nature of the relationship, and as to the name and address of a person suitable for appointment as trustee, the Registrar may, in accordance with Form T, address to the State police a request for inquiries and report. The Registrar may also address to any person a request in accordance with Form S, and may by letter request a Deputy Commissioner in writing to ascertain the relationship by search at an office in which births, deaths and marriages are registered.

Report of Deputy Commissioner.

17. When satisfied as to the extent of the dependence and the nature of the relationship and the name and address of a person suitable for appointment as trustee, the Registrar shall, in accordance with Form R, forthwith report to a Deputy Commissioner the result of his investigations and forward to him all the papers in the case.

Power of Commission or Deputy Commissioner to require further particulars.

18. The Commission or the Deputy Commissioner or the Registrar may require any person whom he believes to be in a position to do so, to furnish to him a confidential written report as to—

(a) the circumstances,
(b) the names, ages and means of livelihood of the dependants,
(c) the family and blood relations,
(d) the means of livelihood, and
(e) the age,

of any person who claims a pension or for whom a pension is claimed; and any person who, on being required to do so by the Commission or the Deputy Commissioner or the Registrar, fails to furnish such a report within

a reasonable time, or furnishes a report containing any statement which is untrue in any particular, shall be guilty of an offence against these Regulations.

Penalty: Twenty-five pounds.

Claims to be forwarded by Deputy Commissioner to Registrar or Special Magistrate.

19. Whenever a claim which has not been dealt with by a Registrar is received by a Deputy Commissioner, the latter shall forward the claim to a Registrar or a Special Magistrate for investigation.

Powers of Special Magistrate.

20. Claims referred to a Special Magistrate for investigation shall be dealt with by him in the same manner as claims are dealt with by a Registrar, and the Special Magistrate shall have in that respect the same powers and duties as a Registrar.

Delay by Registrar or Special Magistrate.

21. When the Registrar or the Special Magistrate is not in a position to make his report to the Deputy Commissioner within one week after the receipt of a claim, the Registrar or the Special Magistrate, as the case may be, shall advise the Deputy Commissioner in writing that the claim has been received and shall state the reason for the delay in making the report. The Deputy Commissioner shall thereupon take such steps as he thinks necessary to ensure an early conclusion of the investigation.

Defence Department record to be accepted as evidence of incapacity.

22. The Deputy Commissioner shall obtain from the Defence Department a copy of the record of the member of the Forces who is referred to in the claim. In the case of a member of the Forces who, it is claimed, suffers from an incapacity, the Deputy Commissioner may accept such evidence of incapacity as is contained in the member’s record; but if not satisfied by that evidence, he shall take such other steps as to him seem desirable in order to ascertain the nature and extent of the incapacity. For this purpose he may arrange for a medical examination of the member of the Forces to be made.

Questions as to health of member.

28. At any investigation of a claim made by or on behalf of a member of the Forces on the ground of incapacity, the Registrar may require the member and any other person who, in the opinion of the Registrar, is in a position to do so, to answer any questions relating to the health of the member before or after enlistment, or the nature and period of any employment in which the member has been engaged, or to disclose any information which, in the opinion of the Registrar, will assist in the assessment of the incapacity.

Declarations.

24. (1) Declarations under this Part of these Regulations 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, notary public, a commissioner for affidavits, a registrar under the Invalid and Old-age Pensions Act 1908–1923, 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 wilfully 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 any other law but he shall not be liable to be punished twice in respect of the same offence.

Signature to forms.

24a. (1) Every form under this Part of these Regulations which has to be signed by any person shall be signed by that person with his personal signature.

(2) Where a person who is unable to sign his name in writing makes a mark as his signature to a form, the mark shall be deemed to be his personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the form as such witness.

(3) A person shall not make the signature of any other person on any form under this Part of these Regulations.

Penalty: Twenty-five pounds.

(4) This regulation shall not affect the liability of any person to be proceeded against under any other law but he shall not be liable to be punished twice in respect of the same offence.

Signatures in blank.

24 b. A person shall not sign his name on any form under this Part of these Regulations as a signature to such form unless the form has been filled in so as to be ready for use without further addition.

Penalty: Twenty-five pounds.

Record of claims.

25. Unless otherwise directed by the Commission, every Registrar shall keep a record, in accordance with Form L, of war pension claims received by him.

Medical certificate.

26. A medical certificate of incapacity may be in accordance with Form K.

Issue of pension certificate and identification card.

27. On the grant of a pension, a pension certificate in accordance with Form J and an identification card in accordance with Form H, shall be forwarded to a postmaster or other officer, who shall retain the identification card and deliver the certificate to the pensioner or the trustee under departmental instructions:

Provided that in the case of pensioners not residing in Australia, the Commission may make any arrangements for payment which are practicable.

Possession of identification card authority to pay pension.

28. The possession of an identification card shall be regarded as the authority of the postmaster or other officer to make payment of the pension therein described: Provided that, as regards the method of paying and accounting, he shall follow such instructions as are from time 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.

Pension fortnights.

29. The fortnights in respect of which instalments of pension are payable shall in every case commence on a Thursday and end on a Wednesday. Every such fortnight shall be known as a “pension fortnight”, and the first day of every “pension fortnight” shall be known as “pension Thursday”.

30. (1) Where a pension is payable, under section 33 of the Act, for two years, that period shall consist of fifty-two “pension fortnights”, together with the odd days (if any) between the date of the commencement, of the pension and the next succeeding “pension Thursday”.

(2) Where a pension is payable, under the Fourth Schedule to the Act, for six months, that period shall consist of thirteen “pension fortnights”, together with the odd days (if any) between the date of the commencement of the pension and the next succeeding “pension Thursday”.

Due date of instalments.

31. The due date of each instalment shall be the first day of the fortnight for which the instalment is payable.

Receipt by pensioner or trustee.

32. (1) Where the pensioner or the trustee applies personally for payment of a pension instalment he shall give a receipt for each instalment in accordance with Form P.

(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.

Advances not to be made on security of pension.

32 a. No person shall advance money, or offer or promise to advance money, to a pensioner or to any person on his behalf on the security (whether sole or collateral) of his pension or of any instalment thereof and no person shall purport to accept any transfer or assignment of, or to create any charge on, any such pension or instalment.

Penalty: Twenty-five pounds.

Payment to person other than pensioner.

33. No payment shall be made to any person other than the pensioner or the trustee, unless the person is the holder of an order in accordance with Form O and makes a declaration that he is not receiving the pension instalment on his own behalf or on behalf of any other person or any firm, business or partnership, in repayment of any advance, or loan to the pensioner, or by way of, or in consequence of, any sale, assignment, charge, execution or insolvency.

Payment of instalment to female dependant.

34. An instalment of a pension granted to any single or widowed female dependant of a member of the Forces shall not in any case be paid unless there is presented to the postmaster or other officer at the time of payment a declaration in Form N showing that, on the due date of the instalment, the female dependant had not married or re-married:

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.

Payment of instalment to trustee.

35. An instalment of a pension payable to a trustee shall not in any case be paid unless there is presented to the postmaster or other officer at the time of payment a declaration in Form M showing that, on the due date of the instalment, the person on behalf of whom the pension is payable is alive.

Special provisions for declarations.

36. Where it would be impracticable or seriously inconvenient to obtain the declarations required by the last two preceding regulations whenever an instalment is being paid to a single or widowed female pensioner or to a trustee the Commission may approve of declarations being obtained at intervals not exceeding three months.

Suspension of pension.

37. Where the Commission or a Deputy Commissioner is satisfied that a pensioner is misspending money, the Commission or a Deputy Commissioner, if it or he considers it to be in the interests of the pensioner to do so, may suspend payment of the pension. On the removal of the suspension amount of the pension accrued during the period of suspension shall be paid to the pensioner or a trustee.

Duplicate pension certificate.

38. If a pensioner or a trustee loses his pension certificate, he may make application, in accordance with Form G, to a Deputy Commissioner for a duplicate certificate; and the Deputy Commissioner, if he issues a duplicate, shall notify the postmaster or other officer who is authorized to pay the pension. The duplicate shall bear across its face the word “duplicate”, together with a note in writing, under the hand of the Deputy Commissioner, stating the date on which the duplicate is issued.

Payment of pension where pensioner changes residence.

39. If a pensioner or a trustee desires to permanently leave the place which he has been residing, he may make application in Form ZZ to the postmaster or other officer authorized to pay the pension, and if such postmaster or other officer is satisfied that the request is a reasonable one, he shall make a note on the identification card and on the pension certificate, as follows:—“Payment to be made in future at .” Also he shall make a note on the identification card as follows:—“The last payment made at this office was due on ‘pension Thursday’, the day of 192 .” To such notes he shall add his signature, and shall forward the identification card by post to the office to which payment is to be transferred. After the receipt of the identification card at that office, the postmaster or other officer there shall, subject to any instructions issued by the Commission or a Deputy Commissioner, make payment of the pension as it falls due.

The application in accordance with Form ZZ shall, if approved by the postmaster or other officer, be transmitted to a Deputy Commissioner.

Payment of undrawn instalment of pension of deceased pensioner.

40. Any undrawn instalment of a pension due at the date of a pensioner’s decease, if applied for within six months after the decease, may be paid to such person as in the opinion of the Deputy Commissioner has a legal or equitable claim thereto:

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.

Death of pensioner.

41. (1) Whenever the death of any person is reported to a Registrar of Deaths for registration, the Registrar of Deaths may inquire whether the deceased was a pensioner under the Australian Soldiers’ Repatriation Act 1920, and the person reporting the death shall state, to the best of his knowledge,

whether the deceased was a pensioner or not. If the deceased was a pensioner, the Registrar of Deaths should send to the Deputy Commissioner a notice of death, in accordance with Form WW.

(2) In this regulation “Registrar of Deaths” means any Commonwealth or State officer charged with the duty of registering deaths.

Requisition for forms.

42. Every Registrar, postmaster and other officer charged with duties under the Act or Regulations, shall requisition for all the forms which are required in connexion with his duties. The requisition, which may be in accordance with Form YY, or in ordinary letter-form, shall be made early enough in every case to secure a new supply of forms before the old stock becomes exhausted.

Part III.—General.

Division 1.—Applications for Assistance.

Applications, how made.

43. Applications for assistance shall be made in writing to a Deputy Commissioner or to the Executive of a Country Local Committee in the manner and in accordance with the form approved by the Department, and shall set out the nature and extent of the assistance which the soldier or his dependants require, and the purposes for which the assistance is required.

Applications, how dealt with.

44. Subject to these Regulations, applications shall be dealt with in the manner laid down by the Department in its General Orders from time to time.

Treatment of applications.

45. Applications for gifts and loans shall, where not otherwise provided for, be determined by a Deputy Commissioner or by the Executive of a Country Local Committee in accordance with these Regulations.

Appeals.

46. (1) Where a Board, Deputy Commissioner or the Executive of a Country Local Committee declines to grant the assistance applied for by an applicant, the applicant may appeal to the Commission against the decision and shall state in writing the grounds of the appeal.

(2) The decision of the Commission shall be final.

Purpose of loan and ability of applicant.

47. A Board, a Deputy Commissioner or the Executive of a Country Local Committee in determining any application, shall be satisfied that the purpose of any assistance or benefit is likely to be achieved having regard to the character, fitness and previous experience of the applicant, and shall take into consideration the assistance (if any) already received by the applicant.

Division 2.—Conditions Governing Advances.

Interest on loans.

49. Except as otherwise provided in these Regulations, all assistance given to a soldier or his dependants shall be by way of loan, which shall bear interest at a rate not exceeding 5 per cent. per annum:

Provided that interest shall be charged only upon so much of the loan as exceeds £50.

Security for loans.

50. A Deputy Commissioner or the Executive of a Country Local Committee shall require any person to whom a loan is granted to execute such legal documents, and to give such available security as may be necessary effectively to secure repayment of the amount advanced.

Terms of repayment of loans.

51. A Deputy Commissioner or the Executive of a Country Local Committee shall not grant a loan for a longer period than ten years, and in determining the terms of repayment of the loan regard shall be had to—

(a) the general circumstances of the person to whom the loan is granted;
(b) the purpose for which the loan 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 loan shall, as far as possible, be repayable in accordance with a schedule approved by the Commission.

Renewal of loans.

52. In any case where a person to whom a loan has been granted under these Regulations, has been unable to repay the whole, or any part, of the loan within the period fixed by a Board or the Executive of a Country Local Committee, and produces to the Deputy Commissioner satisfactory evidence that he has made proper use of the loan, the Deputy Commissioner may, if he thinks fit, upon an application for a renewal of the loan, grant the renewal for such period, and on such conditions, as he deems reasonable:

Provided that the rate of interest shall not be reduced below the rate ruling at the time the loan was granted.

Writing off loans.

53. Where a Deputy Commissioner is satisfied that, by reason of special circumstances a borrower, who has obtained a loan from the Department, is unable to repay the amount due by him, he may write off the whole or any portion of the amount due:

Provided that where the amount due exceeds One hundred pounds, a Board shall refer the case, with a recommendation, to the Commission for determination.

Security for property allotted by way of loan.

54. (1) Where property is allotted by way of loan to any person the amount of the value of the property shall be regarded as a debt due by that person, and that amount shall be repayable in the same manner and at the same rate of interest as a loan of that amount.

(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.

Inspection of property.

55. It shall be a condition of the grant of any assistance by way of loan under these Regulations that the person to whom the assistance is given shall at all reasonable times permit any person authorized in writing by a Deputy Commissioner or the Executive of a Country Local Committee to enter upon any land or premises upon which there is any property which has been purchased for or lent to the soldier or a dependant under these Regulations, and shall produce to that person such books, documents and goods, and disclose to him such information as he desires in relation to the property.

Power to vary conditions of loans, gifts, &c.

56. (1) Subject to regulations 52 and 110, where a Board or a Deputy Commissioner or the Executive of a Country Local Committee has made any loan, gift or promise of assistance to, or any contract with, a soldier or a dependant of a soldier, a Deputy Commissioner may—

(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.

Authority to pay or allot to agent.

57. In any case where it is considered desirable by a Deputy Commissioner or the Executive of a Country Local Committee, any gift or loan or any money or property granted under these Regulations to a soldier may be paid or handed on his behalf to such person as the Deputy Commissioner or the Executive of a Country Local Committee thinks fit.

Part IV.—Local Committees.

Local Committees.

58. Local Committee areas, for which Local Committees shall be appointed, shall be the following:—

(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.

Powers of Local Committees.

59 (1) A Local Committee shall have power as regards the area for which it is appointed—

(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; and
(e) to do all such other things as the Local Committee considers beneficial to soldiers and their dependants.

(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.

Duties of Local Committees.

60. It shall be the duty of each Local Committee—

(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 submit once in every six months a statement of contributions received and expended, such statement to bear a certificate as to correctness signed by a competent auditor.

Local Committee Executive.

61. (1) For the purposes of the management of the affairs of a Local Committee the Commission shall appoint an Executive of the Committee consisting of seven members.

(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.

Powers of Executive.

62. The Executive of a Local Committee shall act generally as local agents for the Department in regard to—

(i) the placing of men in employment; and
(ii) the supervision of the expenditure of money granted to an applicant from Departmental funds.

Duties of Executive.

63. It shall be the duty of the Executive of a Local Committee—

(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.

Personal interest in applications.

64. Should any application be received for any benefits or assistance by the Executive of a Local Committee from any person who is a relative of a member of the Executive, or should any business transactions in which any member of the Executive is pecuniarily interested be brought up for the decision of the Executive, the member being a relative or having such pecuniary interest, as the case may be, shall disclose his relation or interest to the Executive and shall refrain from taking part in any discussion which may arise, and shall refrain from voting:

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.

Appointment of Secretary to an Executive.

65. The Executive of a Local Committee shall appoint a Secretary who shall also act as Secretary to the Local Committee:

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.

Quorum.

66. Three members of the Executive of a Local Committee shall form a quorum.

Part V.—Industrial Committees.

Division 1.—Soldiers’ State Industrial Committee.

Creation of State Industrial Committee.

67. For the purpose of facilitating the training of men in industrial establishments, there shall be created in each State a Soldiers’ State Industrial Committee.

Constitution.

68. The Commission shall form a Soldiers’ State Industrial Committee in the metropolis of each State, which shall consist of a Chairman to be appointed by the Commission, three nominees of the Chamber of Manufactures or other representative organization of employers in the State, and three nominees of the Trades and Labour Council or other representative labour organization in the State.

Quorum for Committee.

69. At any meeting of a Soldiers’ State Industrial Committee, four members of the Committee, exclusive of the Chairman, comprising two representatives of employers and two of employees, shall form a quorum.

Powers and duties of Committee.

70 The Soldiers’ State Industrial Committee shall—

(a) receive and hear appeals from decisions forwarded by a Soldiers’ Industrial Committee; and
(b) consider opportunities for employment of soldiers or their dependants.

Division 2.—Soldiers’ Industrial Committees.

Soldiers’ Industrial Committees.

71. (1) The Commission may within any State appoint in respect of any trade or calling a Soldiers’ Industrial Committee which shall consist of a Chairman and an equal number of representatives of the employers and employees respectively in the trade or calling.

(2) The Chairman shall be a person agreed upon by the representatives of the employers and employees respectively or in the absence of such agreement a person selected by the Commission.

Meetings of Soldiers’ Industrial.

72. (1) Meetings of a Soldiers’ Industrial Committee shall be held regularly.

(2) The place of any member of a Committee shall become vacant if he, without leave of the Committee, absent himself from two consecutive meetings of the Committee, unless he furnish reasons in writing for his absence to the satisfaction of the Committee.

(3) The Chairman of the Committee shall, upon receiving from any two members of the Committee a request to hold a special meeting, and provided the business proposed to be dealt with at the meeting is stated with the request, convene a special meeting of the Committee.

(4) The Chairman, one representative of the employers and one representative of the employees shall form a quorum for the transaction of business.

Powers of Soldiers’ Industrial Committees.

73. Any such Committee when appointed may decide after trial as to the suitability of a trainee for a particular calling and shall—

(a) consider opportunities for employment of soldiers or their dependants;
(b) determine the number of persons to be entered as trainees in any trade or calling;
(c) advise as to the syllabus of training to be carried out, training facilities to be adopted, and the qualifications of and salaries to be paid to Instructors;
(d) when the trainee is being trained in a training institution, determine, subject to the approval of the Director of Vocational Training appointed under the Act, when the trainees shall leave the institution;
(e) assess the efficiency of the trainee at the commencement of his training and thereafter at the end of every three months, or such shorter periods as the Committee thinks fit; and
(f) deal with disputes between persons entered for training in private workshops and the employer and in particular disputes as to the ruling rate of wage.

Appeals to Soldiers’ State Industrial Committee.

74. Any trainee or employer aggrieved by the decision of a Soldiers’ Industrial Committee shall have the right of appeal to the Soldiers’ State Industrial Committee, whose decision shall be final.

Part VI.—Employment and Sustenance.

Sustenance whilst awaiting employment, &c.

75. (1) An application by a soldier to obtain employment may be lodged with the Department at any time after discharge.

(2) Applications for sustenance whilst awaiting employment shall be made within six months after the date of the discharge of the soldier.

Application made after prescribed time.

76. (1) In the case of an applicant who has failed to apply for sustenance within six months after the date of his discharge a Deputy Commissioner or the Executive of a Country Local Committee shall have power to grant sustenance, but such allowance shall not be continued for a period exceeding one week from the date of submission of the application unless the cease has been reconsidered by the Deputy Commissioner and there are special circumstances connected therewith which, in his opinion, justify an extension of the period of payment of sustenance by him.

(2) The period for which sustenance may be paid under this regulation shall be in the discretion of the Deputy Commissioner, but shall in no case exceed six months.

Rates of sustenance while awaiting employment or while convalescent.

77. (1) A Deputy Commissioner or the Executive of a Country Local Committee, upon receipt of an application for employment from a soldier, may provide the soldier with an opportunity of earning at least a living wage, and may, subject to regulations 79 and 80, grant to the soldier, until such time as he receives employment which enables him to earn a living wage, such sustenance as will ensure—

(a)to a soldier without dependants a weekly income, inclusive of pension, of 42s.;
(b) to a soldier with a wife a weekly income, inclusive of their combined pensions, of 57s.;
(c) to a soldier with a wife and one child a weekly income, inclusive of their combined pensions, of 60s. 6d.;
(d) to a soldier with a wife and two children a weekly income, inclusive of their combined pensions, of 64s.;
(e) to a soldier with a wife and three children a weekly income, inclusive of their combined pensions, of 67s. 6d.;
(f) to a soldier with a wife and four children or more a weekly income, inclusive of their combined pensions, of 69s.

(2) Where a soldier registers for employment under the last preceding sub-regulation and the Departmental Medical Officer certifies that the soldier is unable through disabilities due to War Service to accept employment or undergo Vocational Training until the expiration of a period exceeding seven days from the date of the certificate, or has been compelled through those disabilities to leave his employment, and has been ordered by the Departmental Medical Officer to undergo medical treatment, a Deputy Commissioner may grant sustenance at the rate provided under the last preceding sub-regulation for such period as the Departmental Medical Officer specifies in his certificate:

Provided that the period specified in the Departmental Medical Officer’s certificate shall not exceed three months.

(3) A widower with a child shall be entitled to the same sustenance allowance under this regulation as if his wife were living.

(4) An unmarried soldier with an ex-nuptial child shall be entitled to the same sustenance allowance under this regulation as a widower with a child, but in respect of the child, not exceeding the amount contributed by him to its support.

(5) Friendly society benefitsor other means except pensions shall not be taken into consideration in determining the rate of sustenance under this regulation.

(6) Where a soldier who enlisted irregularly is discharged on account of such irregular enlistment, no sustenance shall be paid to him under this regulation.

(7) Where temporary employment is found by the Department for an applicant for the purpose of enabling him to earn portion of a living wage, the Deputy Commissioner or the Executive of a Country Local Committee may decrease the amount of sustenance provided for under this regulation by the amount earned by the applicant in the temporary employment.

Issue of orders.

78. Where by reason of special circumstances a Deputy Commissioner or the Executive of a Country Local Committee considers it advisable a portion of the sustenance allowance payable to a soldier under regulation 77 may be granted in the form of orders for necessaries to the wife or children of the soldier.

Payment of sustenance to soldiers who have lost or refused employment.

79. (1) No soldier who, since the date of his discharge, has been in employment for a period of six months in the aggregate shall be eligible for sustenance:

Provided that a soldier who has been in employment for a period of six months in the aggregate, and has lost that employment through disabilities due to War Service, shall be eligible for further sustenance under sub-regulation (2) of regulation 77.

(2) Subject to sub-regulations (1) and (4) of this regulation a Deputy Commissioner may grant sustenance to any soldier who furnishes proof to the satisfaction of a Deputy Commissioner or the Executive of a Country Local Committee that he has lost his employment through circumstances beyond his control.

(3) Subject to sub-regulations (1) and (4) of this regulation the Executive of a Country Local Committee may grant sustenance to any soldier who furnishes proof to its satisfaction that he has lost his employment through circumstances beyond his control, but sustenance shall not be paid under this sub-regulation for more than four weeks without the approval of the Deputy Commissioner.

(4) A soldier who has accepted and lost employment shall not be eligible for sustenance if he has already received sustenance for a period of six months or for periods amounting to six months in the aggregate:

Provided that no account shall be taken of any period for which sustenance has been paid under sub-regulation (2) of regulation 77.

(5) A soldier who has failed to avail himself of suitable employment when offered shall not be eligible for further sustenance.

Application to Executive of Local Committee.

80. Where an application has been submitted to the Executive of a Country Local Committee for sustenance under regulation 77, the Executive may grant sustenance for a period not exceeding four weeks, but if at the expiration of the four weeks the applicant is still unemployed, the sustenance allowance may be continued by the Executive subject to the approval of the deputy Commissioner.

Failure to notify fact of employment.

81. An applicant who fails to notify the Department that he is in temporary or permanent employment and has received remuneration in respect of that employment and continues to draw sustenance from the Department shall be guilty of an offence.

Penalty: Twenty-five pounds.

C.4601.—2

Sustenance to land applicants.

82. (1) In the case of—

(a) an applicant who has applied for, and is awaiting, a Land Qualification Certificate; or
(b) an applicant who has received a Land Qualification Certificate, and is awaiting allotment of land, or an applicant who, being already eligible, does not require a Qualification Certificate and is awaiting allotment of land; or
(c) an applicant who has been allotted, but is awaiting possession of land,

a Deputy Commissioner may, for a period, not exceeding, in the aggregate three months, in any one case, grant sustenance at the rate provided under regulation 77:

Provided that in no case where an applicant has been refused a Land Qualification Certificate shall he be eligible under this regulation.

(2) In cases where, prior to the commencement of this regulation, applicants have received sustenance under any regulation made under the Australian Soldiers’ Repatriation Act 1917–1918, additional sustenance may be granted as follows:—

(a) If the applicant has received sustenance for a period in excess of two months—additional sustenance may be granted for a period not exceeding one month;
(b) If he has received sustenance for a period not exceeding two months but exceeding one month—additional sustenance may be granted for a period not exceeding two months; and
(c) If he has received sustenance for a period not exceeding one month—additional sustenance may be granted for a period not exceeding three months.

(3) Where an application under this regulation has been submitted to the Executive of a Country Local Committee, the Executive may grant sustenance for a period not exceeding four weeks. The Executive shall forthwith notify the Deputy Commissioner of the grant of sustenance under this sub-regulation, and he may authorize the continued payment of sustenance for the period permitted by this regulation.

(4) No sustenance shall be paid under this regulation until the applicant has lodged an application for employment, and any applicant who, without good and sufficient reason, refuses employment shall be ineligible for further sustenance under this regulation.

(5) In the consideration of any application under this regulation no account shall be taken of any period prior to the commencement of this regulation during which the applicant has had employment.

(6) No sustenance shall be granted under this regulation unless the application therefor is lodged before the expiration of two years after the date of the discharge of the soldier or before the thirtieth day of June One thousand nine hundred and twenty-two, whichever last happens.

Sustenance while awaiting productivity of land.

83. (1) Where the granting of sustenance to a land settler who is in necessitous circumstances may reasonably be expected to ensure the success of his undertaking, sustenance may be granted to a land settler at any time during the first two years of his occupancy for a period not exceeding, or periods not exceeding in the aggregate, six months, in accordance with the following scale:—

(a)to a soldier who is unmarried such amount as will ensure to him a weekly income (inclusive of pension) of £1;

(b) to a soldier who is married such amount as will ensure to him a weekly income (inclusive of pension or combined pensions) of 30s.;
(c) for each child of a soldier a weekly amount of 2s. 6d.:

Provided that the amount payable under paragraph (c) of this sub-regulation shall not be payable for more than four children of any one soldier.

(2) Where the land settler is operating under a scheme controlled by a State, the sustenance payable under this regulation may be paid by and at the discretion of the State authority controlling the scheme.

(3) Where the land settler is not operating under a scheme controlled by a State, a Deputy Commissioner may grant the sustenance payable under this regulation after obtaining from the Executive of a Country Local Committee a report on the application.

Awaiting business.

84. A Deputy Commissioner or the Executive of a Country Local Committee may pay, for a period not exceeding three weeks, to any approved applicant who is awaiting a business, sustenance at the rate provided under regulation 77.

Vocational training.

85. A Deputy Commissioner, or the Executive of a Country Local Committee may, in the case of an application for a class of training approved by a Vocational Training Committee appointed under these Regulations, grant to—

(a) an applicant entered for training in a technical school; and
(b) an applicant for training in a commercial occupation,

such sustenance as will ensure—

(i) to an applicant without dependants a weekly income, inclusive of pension, of 42s.;
(ii) to an applicant with a wife a weekly income, inclusive of their combined pensions of 60s.;
(iii) to an applicant with a wife and one child a weekly income, inclusive of their combined pensions, of 65s.;
(iv) to an applicant with a wife and two children a weekly income, inclusive of their combined pensions, of 70s.;
(v) to an applicant with a wife and three children a weekly income, inclusive of their combined pensions, of 75s.; and
(vi) to an applicant with a wife and four children or more a weekly income, inclusive of their combined pensions, of 80s.,

and may, in addition, upon being satisfied as to the necessity therefor, grant to any such applicant an allowance for travelling expenses at a rate not exceeding 3s. per week or such higher rate as is in special circumstances approved by the Commission:

Provided that a Deputy Commissioner or the Executive of a Country Local Committee may, pending the approval of a Vocational Training Committee of the class of training, pay sustenance to an applicant under this regulation for a period not exceeding two weeks, upon the certificate of the Departmental Medical Officer or the Local Medical Officer, as the case may be, that the applicant is a fit subject for vocational training:

Provided further that a soldier undergoing training in pursuance of sub-regulation (5) of regulation 92 shall not be entitled to sustenance under this regulation.

Indentured apprentice.

86. ADeputy Commissioner or the Executive of a Country Local Committee may, in the case of an indentured apprentice, whose training in a particular industry has been interrupted by war service, grant sustenance during the time he is completing his apprenticeship at a rate which will bring his income (inclusive of his personal pension) up to the wage he would have been earning in such industry had his apprenticeship not been interrupted.

Industrial trainee.

87. (1) A Deputy Commissioner may grant such sustenance to an industrial trainee as will ensure that the trainee receives at least the minimum wage fixed by a Federal or State Industrial Tribunal for the particular industry, or where such wage has not been so fixed, such wage as is recognised in that industry as the rate operating in the district in which the trainee is undergoing training. The sustenance shall not be paid for a longer period than twelve months, unless the Deputy Commissioner is satisfied that the trainee is making reasonable progress.

(2) Any dispute arising as to what is the ruling wage in any particular industry shall be determined by a Soldiers’ Industrial Committee appointed under these Regulations.

(3) No deduction shall be made from any sustenance payable under this regulation on account of any personal pension received by the industrial trainee.

Sustenance awaiting limbs or appliances.

83. A Deputy Commissioner or the Executive of a Country Local Committee may grant sustenance at the rate provided under regulation 77, for such period as is certified to by the Departmental Medical Officer or Local Medical Officer, to an applicant who is awaiting the supply to him of, or repairs to, artificial limbs or other surgical appliances:

Provided that sustenance shall only be paid to an applicant during the period in which his occupation is interrupted on account of his awaiting the supply of, or repairs to, artificial limbs or other surgical appliances.

Widow without children undergoing training.

89. A Deputy Commissioner may grant sustenance to a widow without children, whilst she is undergoing vocational or professional training, at such rate as will ensure to her an income (inclusive of pension) of 35s. per week and may in addition upon being satisfied as to the necessity therefor grant to any such widow an allowance not exceeding 3s. per week for travelling expenses.

Part VIa.—Living Allowance.

Unmarried soldier with mother.

89 a. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to a temporarily totally incapacitated unmarried soldier with a mother who—

(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 soldier; and
(c) is dependent on the soldier,

such allowance, whilst they are resident within the Commonwealth, as will ensure to the soldier an income not exceeding 62s. per week, inclusive of their combined pensions:

Provided that this regulation shall not apply to any soldier unless the incapacitation of the father occurs prior to or within three years after the discharge of the soldier.

Unmarried soldier with incapacitated father.

89b. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to a temporarily totally incapacitated unmarried soldier with a father who—

(a) is incapacitated;
(b) is a widower; and
(c) is dependent on the soldier,

such allowance, whilst they are resident within the Commonwealth, as will ensure to the soldier an income not exceeding 57s. per week, inclusive of their combined pensions:

Provided that this regulation shall not apply to any soldier unless the incapacitation of the father occurs prior to or within three years after the discharge of the soldier.

Widowed mother of soldier.

89 c. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the widowed mother 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 in the Commonwealth, such allowance as will ensure to her an income not exceeding 42s. per week, inclusive of pension:

Provided that this regulation shall not apply to any widowed mother unless her husband’s death occurred prior to or within three years after the decease of the son:

Provided further that, where on the date of the commencement of the Invalid and Old-age Pensions Act 1923, any person granted an allowance under this regulation was in receipt of an old-age or invalid pension under the Invalid and Old-age Pensions Act 1908–1920 any allowance granted to her under this regulation shall not be reduced in consequence of the increase in the old-age or invalid pension effected by the Invalid and Old-age Pensions Act 1923.

Mother of deceased soldier with incapacitated husband.

89 d. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the mother of a deceased unmarried soldier who—

(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 not exceeding 30s. per week each, inclusive of their combined pensions:

Provided that this regulation shall not apply to any mother unless the husband’s incapacitation occurs 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 not exceeding thirty shillings per week inclusive of pension.

Incapacitated father of soldier.

89 e. A. Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the father of a deceased unmarried soldier who—

(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 not exceeding 30s. per week inclusive of pension:

Provided that this regulation shall not apply to any father unless his incapacitation occurs prior to or within three years after the decease of the soldier:

Provided further that, where on the date of the commencement of the Invalid and Old-age Pensions Act 1923, any person granted an allowance under this regulation was in receipt of an old-age or invalid pension under the Invalid and Old-age Pensions Act 1908–1920 any allowance granted to him under this regulation shall not be reduced in consequence of the increase in the old-age or invalid pension effected by the Invalid and Old-age Pensions Act 1923.

Divorced, deserted, &c., mother of deceased soldier.

89 f. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant—

(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 not exceeding 30s. per week, inclusive of pension:

Provided that this regulation shall not apply to any mother unless the divorce, desertion or death of the husband occurs prior to or within three years after the decease of the son:

Children of deceased soldier where a widow re-marries.

89 g. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the children of a deceased soldier, where the widow of that soldier re-marries whilst resident in the Commonwealth, an allowance of 5s. per week, each, in addition to pension, provided that—

(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 pension; and
(c) the step-father is deceased or incapacitated, or has neglected his parental obligations.

Children of deceased soldier who are motherless, deserted, &c.

89 h. A Board may, subject to such conditions as are from time to time laid down by the Commission, and having regard to the circumstances of the case, grant to the children of a deceased soldier—

(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 5s. per week each, in addition to pension, provided that the children—

(i) are in necessitous circumstances; and
(ii) are placed with guardians.

Widow and children of soldier who dies within three years after discharge.

89 i. (1) A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, in the case of a soldier who dies from any cause within three years after the date of his discharge grant to the widow and children, whilst resident in the Commonwealth for such period as the Commission determines, an allowance inclusive of their combined pensions, not exceeding 20s. per week to the widow and 3s. 6d. per week for each child:

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 recognised as his wife although not legally married to him.

Sustenance and Living Allowances not to be received at same time.

89 j. Notwithstanding anything contained in this or the last preceding Part of these regulations, no person shall receive, at one and the same time, a Sustenance Allowance in pursuance of the last preceding Part, and a Living Allowance in pursuance of this Part.

Married soldier temporarily totally incapacitated.

89 k. A Board may, subject to such conditions as are from time to time laid down by the Commission, and having regard to the circumstances of the case, grant to a soldier who—

(a) is married; and
(b) has been certified by the Departmental Medical Officer as having been temporarily totally incapacitated for a longer period than three months,

an allowance, in addition to his pension, not exceeding 20s. per week:

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.

Soldier 65 per cent. or more incapacitated.

89 l. The Commission may, having regard to the circumstances of the case, grant to a soldier whose incapacity is, for the purpose of assessing his pension, assessed at not less than 65 per centum of total incapacity, and whose incapacity is of such a nature as to preclude him from engaging in regular employment or from earning a living wage, such an allowance as will—

(a)ensure in respect of the soldier an income of 42s. per week inclusive of his pension and earnings; and
(b) if the soldier is married, ensure an income, in respect of his wife, of 18s. inclusive of her pension and earnings, and, in respect of his children, incomes at the rates set out in paragraph (a) of the Third Schedule to the Act, inclusive of their pensions and earnings:

Provided that in no case shall the total amount granted to any soldier in respect of himself and his wife and children exceed 20s. per week:

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.

Definition of married soldier.

89 m. For the purposes of the last two preceding regulations a soldier who—

(a) is a widower with children who are being maintained by him under his personal care; or

(b) has divorced his wife, and has children who are being maintained by him under his personal care,

shall be deemed to be married.

Allowance to blinded soldier for attendant.

89n. (1) The Commission may grant to a totally blinded soldier, who is in receipt of a pension under the Second Schedule to the Act, an allowance, not exceeding £1 per week, to provide for the services of an attendant.

(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 pension under the Second Schedule to the Act, the Commission may in its discretion grant to the soldier an allowance, not exceeding £1 per week, 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.

Dependants of soldier dying after seven years after discharge.

89 o. (1) The Commission may, having regard to the circumstances of the case, grant to any of the persons included in the definition of “Dependants” in section 22 of the Act, who—

(aa) are the widow or children of a deceased soldier or the widowed mother of a deceased unmarried soldier, such allowance as the Commission thinks fit;
(a) not being the widow or children of a deceased soldier or the widowed mother of a deceased unmarried soldier, were dependent upon the earnings of a deceased soldier during the twelve months immediately prior to his enlistment, such allowance as would cover the extent of such dependence upon the soldier; or
(b) being parents not so dependent, are without adequate means of support, such allowances as will ensure to each parent an income from all sources not exceeding thirty shillings per week:
Provided that—
(i) the rate of the allowance granted to any person under this regulation shall not exceed the rate of pension which would be payable to that person if he were entitled to be paid a pension; and
(ii) in respect of parents without adequate means of support, in no case shall the total amount granted to each parent exceed twenty shillings per week.

(2) This regulation shall not apply unless—

(a) the soldier’s death was due to an occurrence happening during the period he was a member of the Forces; and
(b) the soldier died after the expiration of seven years from the date of his discharge.

(3) The widow and children of a deceased soldier entitled to a war pension under section 40 of the Act shall not be granted an allowance under this regulation.

Part VII.—Vocational and Professional Training.

Vocational Training Committee.

90. The Commission may appoint in each State Vocational Training Committees consisting of such persons and having such powers and duties as the Commission directs.

Special duties of Committee.

91. The Committees shall, in addition to any other powers and duties conferred or imposed upon them—

(a) determine any question referred to them under sub-regulation (4) of regulation 92; and
(b) periodically review the facilities for training in workshops and technical schools, and advise as to the nature or class of training conducted therein.

Training of soldiers.

92. (1) A Deputy Commissioner may, subject to the next succeeding sub-regulation, provide for the vocational training of a soldier who, owing to disabilities due to or aggravated by war service, is unable to follow the occupation in which he was engaged prior to his enlistment, or an occupation offering the same conditions and remuneration, and for the vocational or professional training of the widow of a soldier without children, and may pay such fees as are necessary for the purposes of training:

Provided that in the case of a widow of a soldier the total fees shall not exceed £40.

(2) Notwithstanding anything contained in the last preceding sub-regulation, a Deputy Commissioner may, subject to such conditions as the Commission directs, grant vocational training to a soldier who was at the date of enlistment under the age of twenty years:

Provided that the continuance of the training or the payment of training fees, training expenses and sustenance shall be dependent upon the receipt by the Deputy Commissioner of favorable reports as to the applicant’s progress.

(3) Applicants for training under this regulation shall be trained for such trades or callings as are approved by the Vocational Training Committee.

(4) If the applicant is aggrieved at the decision of the Deputy Commissioner under this regulation, the Deputy Commissioner shall refer the case to the Vocational Training Committee for a recommendation.

(5) Notwithstanding anything contained in sub-regulation (1) of this regulation, a Deputy Commissioner or the Executive of a Country Local Committee may, in the case of a soldier who—

(a) is in, or has registered for and is awaiting employment, or
(b) is undergoing vocational training,

but desires to undergo a course of training in order to increase his efficiency or to qualify for another position, pay such fees and expenses as will enable him to complete the necessary course of training:

Provided that the total amount which may be paid to any one applicant under this sub-regulation shall not exceed £40:

Provided further that no assistance shall be granted under this sub-regulation after the expiration of three years after the date of the discharge of the soldier:

Provided also that expenses shall only include books, instruments and essential apparatus and shall not exceed the sum of £5 in any one case.

(6) Any application for training under sub-regulations (1) and (2) of this regulation shall be made within six months after the date of discharge of the soldier, or in the case of a widow within two years after the date of the notification of the death of her husband:

Provided that where an applicant applies after the expiration of that period, a Deputy Commissioner may approve of the application if he is satisfied that there are special circumstances which justify that approval.

Professional training.

93. (1) Where an applicant who is qualified to enter a university and who was at the date of enlistment under the age of twenty years, satisfies the Deputy Commissioner that he requires assistance to enable him to undertake a university course of professional training and that he is in a financial position to undertake the training with the assistance provided under this regulation, the Deputy Commissioner may grant to him such amount, not exceeding the sum of £150, as he thinks necessary to enable him to complete the training.

(2) Where an applicant who has not received assistance under the last preceding sub-regulation, produces evidence to the satisfaction of the

Deputy Commissioner that he had, prior to enlistment, entered or intended to enter upon a university course or other course of professional training the Deputy Commissioner may grant to the applicant any of the gifts and loans provided under the next succeeding sub-regulation:

Provided that an applicant who had not before enlistment entered upon such a course shall only be granted assistance under this sub-regulation if—

(a) he is not more than thirty years of age at the date of his application; and
(b) he applies for the assistance within six months after his discharge.

(3) Where a Deputy Commissioner is satisfied that gifts or loans should be granted under the last preceding sub-regulation he may—

(a)pay, by way of gift, from time to time the fees payable in connexion with the course;
(b) grant to the applicant, by way of loan, such sum as is necessary to purchase the books, instruments, and other articles required by him in connexion with the course;
(c) pay to the applicant, by way of gift, such allowance as will insure to him a weekly income (inclusive of his personal pension and earnings) of 42s. for an academic year, including the period ordinarily required to enable him to attend the qualifying examination for that year;
(d) pay to the applicant, by way of loan, such allowance as will insure to him a weekly income (inclusive of his personal pension and earnings) of 42s. for each subsequent academic year of his course, including the period ordinarily required to enable him to attend a qualifying examination for that year:

Provided that no allowance shall be paid under this sub-regulation in respect of the period between the termination of one academic year and the commencement of the next, except for such time as the attendance of the applicant at the University or other institution is compulsory.

(4) The applicant shall give personal security in Form A in the Schedule for the repayment of any amount or amounts granted under paragraphs (b) and (d)of the last preceding sub-regulation.

(5) The continuance of the assistance provided under this regulation shall be subject to the receipt from time to time by the Deputy Commissioner from the University or other institution of a report that the applicant is making satisfactory progress with his studies.

Loan whilst serving articles, &c.

94. An applicant who, at the date of his enlistment—

(a) was serving, or intended to serve, articles for the purpose of qualifying to practice in a profession; and
(b) was qualified to enter a University and had entered—or intended to enter—upon a course of study, at a University or equivalent institution, which he is required to complete or undergo, in order to be entitled to practice in the profession,

may be granted assistance under sub-regulation (2) of the last preceding regulation in order to enable him to complete, or enter upon, his articles and the University course (if any):

Provided that, where prior to enlistment an applicant—

(a) was serving by arrangement under verbal articles; or
(b) had not actually entered upon his articles or professional course of study but intended to do so,

Note.—Whenever payment of a pension instalment is made, the paying officer will hand to the person who is paid a blank form of receipt, which must be brought back on the next pension pay day, already filled in and signed.

Signature

Address

Date

War Pension Certificate No.

Form P.

——— Post Office Date Stamp to be

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922. placed in this square.

———

WAR PENSION RECEIPT.

£

s.

d.

I acknowledge to have received the sum of being Pension payable in advance in accordance with Pension Certificate numbered as above for the fortnight commenced

Signature
Address

Date

Note.—Whenever payment of a pension instalment is made, the paying officer will hand to the pensioner or the trustee a blank form of receipt, which must be brought back, on the next pension pay-day, already filled in and signed, If the pensioner or the trustee cannot call at the pay-office, he should not use this form of receipt, but he may obtain from any Post Office an order form, on which he may authorize another person to draw an instalment of the pension.

———

Form R.

——

Commonwealth of Australia.

——

The Australian Soldiers’ Repatriation Act 1920–1922.

——

REPORT OF REGISTRAR.

——

To the Deputy Commissioner of Repatriation at

[Here set out the name and the relationship to the member of the Forces of each person for whom pension is claimed.]

[Here set out names of dependants and extent of dependence in each case, except where the claim is made by or on behalf of—

(i) the wife or widow of a member of the Forces;
(ii) the children (under sixteen years of age) of a member;
(iii) the widowed mother of a deceased unmarried member;
(iv) the parents of a member who are claiming pension on the ground of being without adequate means of support.]

I have to report that I have investigated the claim made by for a pension for and I find that

I also find that

I further find that the person whose name and address here follow is a person over the age of sixteen years who is able and willing to receive and economically disburse the pensions which may be granted in pursuance of the claim under notice.

The name and address referred to are:—

Registrar of Pensions at

Date

Form S.

———

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

CONFIDENTIAL REPORT.

———

Regulation 18 of the Regulations made under the Act reads as follows:—

“18. The Commission or the Deputy Commissioner or the Registrar may require any person whom he believes to be in a position to do so, to furnish to him a confidential written report as to—

(a) the circumstances,
(b) the names, ages and means of livelihood of the dependants,
(c) the family and blood relations,
(d) the means of livelihood, and
(e) the age,

of any person who claims a pension or for whom a pension is claimed; and any persons who, on being required to do so by the Commission or the Deputy Commissioner or the Registrar, fails to furnish such a report within a reasonable time, or furnishes a report containing any statement which is untrue in any particular, shall be guilty of an offence against these Regulations.

Penalty: Twenty-five pounds.”

From the Registrar of Pensions at

Address

Claimant—Name
Address

It is requested that you will be good enough to supply, on this form, the information which is asked for hereunder.

Registrar of Pensions
Date

Information asked for—

Reply—

(Signed)

Date

———

Form T.

———

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

POLICE REPORT.

———

From the Registrar of Pensions at

To the Officer in Charge of Police at

Claimant—Name
Address

It is requested you will be good enough to make inquiries and report to me in the matter referred to hereunder. The inquiries should be made, if possible, from disinterested persons.

The report may be returned to me without prepayment of postage, if enclosed in the official envelope of any Commonwealth or State Department and indorsed “War Pensions”.

Registrar of Pensions.
Date

Matter in which report is requested

Report

(Signed)

(Name and rank of member of Police Force who makes the report.)
Date

Form U.

———

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

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.

———

Form W.

———

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

REQUEST TO CLAIMANT FOR ATTENDANCE.

———

You are requested to attend at my office

at o’clock in the noon of 192 , 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.

———

Form X.

———

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

CLAIM FOR WAR PENSION.

(This Form is to be used only in claiming Pensions for Dependants under the age of sixteen years. Before filling up the form, read the particulars given on the back of the form for the information of Registrars, Special Magistrates, and Claimants.)

Section 44 of the Australian Soldiers’ Repatriation Act 1920–1922 reads as follows:—

“44.—(1.) Any person who—

(a) makes, either orally or in writing, a false or misleading statement in, or is 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.

“(2.) Any person convicted of an offence against this section may, in addition to the penalty imposed for the offence, be ordered to repay to the Commission any amount received by him by way of pension in consequence of the act in respect of which he was convicted.

“(3.) In any proceedings for an offence against this section the burden of proving the truth of the statement in respect of which the proceedings have been instituted, or the genuineness of the document presented, shall rest on the person accused.

“(4.) Proceedings under this section may be taken before a Court of summary jurisdiction, and may be commenced at any time within three years after the commission of the offence.”

———

To the Registrar of Pensions at

I, [here write full name]residing at [here write full postal address and occupation] hereby claim a pension for each Dependant who is named in this Pension Claim. I declare that I am more than sixteen years of age and that, to the best of my knowledge and belief, the following replies to the questions and requests for Information are true and correct in every particular.

Questions and requests for information.	Replies.
Give the full name of the member of the Forces on whose death or incapacity the claim is based.
State his rank, his number (if known), and the regiment or branch of the Forces in which he served........	No. Rank Regiment, &c.
State whether he is dead, or is alive but incapacitated...................................................................
State in respect of his first marriage:— Full maiden name of wife........................... Date of marriage......................................... Place of marriage........................................
State in respect of his second marriage (if any):— Full maiden name of wife........................... Date of marriage......................................... Place of marriage........................................
Give similar details in relation to his other marriages (if any)...................................................................

Questions and requests for information.	Replies.
State in respect of the first dependant for whom pension is claimed:— Full name of dependant.................................. Date of birth of dependant.............................. Place of birth of dependant............................. Where living at present.................................. Full name of father of dependant.................... Full maiden name of mother of dependant....... Relationship of dependant to the deceased or incapacitated member of Forces who is named above*................................................................
State in respect of the second dependant for whom pension is claimed:— Full name of dependant.................................. Date of birth of dependant.............................. Place of birth of dependant............................. Where living at present.................................. Full name of father of dependant.................... Full maiden name of mother of dependant....... Relationship of dependant to the deceased or incapacitated member of Forces who is named above*................................................................
State in respect of the third dependant for whom pension is claimed:— Full name of dependant.................................. Date of birth of dependant.............................. Place of birth of dependant............................. Where living at present.................................. Full name of father of dependant.................... Full maiden name of mother of dependant....... Relationship of dependant to the deceased or incapacitated member of Forces who is named above*................................................................
State in respect of the fourth dependant for whom pension is claimed:— Full name of dependant.................................. Date of birth of dependant.............................. Place of birth of dependant............................. Where living at present.................................. Full name of father of dependant.................... Full maiden name of mother of dependant....... Relationship of dependant to the deceased or incapacitated member of Forces who is named above*................................................................

* 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.
State in respect of the fifth dependant for whom pension is claimed:— Full name of dependant.................................. Date of birth of dependant.............................. Place of birth of dependant............................. Where living at present.................................. Full name of father of dependant.................... Full maiden name of mother of dependant....... Relationship of dependant to the deceased or incapacitated member of Forces who is named above*.....................................................
State in respect of the sixth dependant for whom pension is claimed:— Full name of dependant.................................. Date of birth of dependant.............................. Place of birth of dependant............................. Where living at present.................................. Full name of father of dependant.................... Full maiden name of mother of dependant....... Relationship of dependant to the deceased or incapacitated member of Forces who is named above*.....................................................
Give similar details in respect of each other dependant for whom pension is claimed....................................
If any of the persons named in this claim is a child of the aforesaid member of the Forces, state whether its mother is dead, and give the date and place of her death
Was every one of the persons named in this claim dependent upon the earnings of the aforesaid member of the Forces during the period of twelve months prior to his enlistment or appointment?.................................
Do you consider yourself well qualified to speak of the sources of maintenance of the dependants referred to in this claim?..........................................................................
Give your reasons for considering yourself to be so qualified..........................................................................
What is your relationship to the dependants?............
In the twelve months prior to the enlistment or appointment of the aforesaid member of the Forces did any other person maintain or contribute towards the maintenance of any of the dependants referred to in this claim?..............

*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.
If so, give full particulars.........................................
Did any of the dependants referred to in this claim earn money in the said period of twelve months?....................
If so, give full particulars.........................................
Give the name and address of some person over the age of sixteen years who is able and willing to receive and economically disburse the pensions which may be granted in pursuance of this claim*.................................
What relationship does such person bear to the dependants?..........................................................................
Are any of the dependants named in this claim receiving or are they entitled to receive any payment under any Commonwealth Act other than the Australian Soldiers’ Repatriation Act 1920–1922, or under any Imperial Act or State Act?..........................................................
If so, give full particulars.........................................
At what Post Office should pensions, if granted, be paid?
Give the names and addresses of all persons known to you (other than those named in this claim) who were dependent upon the earnings of the aforesaid member of the Forces within the twelve months prior to his enlistment or appointment.......................................................
Give the names and addresses of all persons known to you who are already receiving pensions in respect of the death or incapacity of the aforesaid member of the Forces.

* 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.

Declared at the day of 192

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 Invalid and Old-age Pensions Act 1908–1923, 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.

The foregoing claim was received by me on 192

Registrar of Pensions at Date

Form Y.

———

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

CLAIM FOR WAR PENSION.

Claim by a Dependant (including Wife or Widow) Over the Age of Sixteen Years.

(Before filling up this form, read the particulars given on the back of the form for the information of Registrars, Special Magistrates, and Claimants.)

Section 44 of the Australian Soldiers’ Repatriation Act 1920–1922 reads as follows:—

“44.—(1.) 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.

“(4.) Proceedings under this section may be taken before a Court of summary jurisdiction, and may be commenced at any time within three years after the commission of the offence.”

———

To the Registrar of Pensions at

I, [here write full name]of [here write full postal address] hereby claim for myself a pension, and I declare that, to the best of my knowledge and belief, the following replies to the questions and requests for information are true and correct in every particular.

Questions and requests for information.	Replies.
Give the full name of the member of the Forces on whose death or incapacity the claim is based...........
State his rank, his number (if known), and the regiment or branch of the Forces in which he served.......	No. Rank Regiment, &c.
Where was he born? (Give name of town and country, if known.)......................................................
When was he born? (Give exact date, if known)
Was he single, married, or a widower? (State which)..................................................................
State whether he is dead, or is alive but incapacitated..................................................................
What is your relationship to him?.....................

Questions and requests for information.	Replies.
Where were you born? (Give name of town and country, if known)............................................................
When were you born? (Give exact date, if known)...
What is your occupation?.......................................
Are you single, married, widow, or widower? (State which)........................................................................
If you are a widow, state the date and place of your husband’s death................................................................
If you are or have been married, state, in respect of your first marriage:— Full name of husband................................... Full maiden name of wife.............................

Place of marriage.........................................
Date of marriage..........................................

Give similar particulars of your other marriage or marriages (if any).............................................................

Were you dependent upon the earnings of the aforesaid member of the Forces at any time during the period of twelve months prior to his enlistment or appointment?........................................................................

If you were dependent, give full particulars

In the twelve months prior to the enlistment or appointment of the aforesaid member of the Forces did any other person contribute towards your maintenance?...............

If so, give full particulars.......................................

Did you earn any money in the said period of twelve months?........................................................................

If so, give full particulars.......................................

Did you, during the said period of twelve months, have any means of support other than means of support shown on this page?.........................................................

Questions and requests for information.	Replies.
If so, give full particulars....................................
Are you in receipt of an Invalid or Old-age Pension?
Have you at any time applied for an Invalid or Old-age pension?........................................................
If so, state when and where.................................
Are you receiving or entitled to receive, any payment under any Commonwealth Act other than the Australian Soldiers Repatriation Act 1920–1922 or under any Imperial Act or State Act?..............................
If so, give full particulars....................................
At what Post Office should pension, if granted, be paid?
Give the names and addresses of all persons known to you who were dependent upon the earnings of the aforesaid member of the Forces at any time within the twelve months prior to his enlistment or appointment.
Give the names and addresses of all persons known to you who are already receiving pensions in respect of the death or in capacity of the aforesaid member of the Forces

Declared at the day of 192 .

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 foregoing claim was received by me on 192 .

Registrar of Pensions at Date

Form Z.

———

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

CLAIM FOR WAR PENSION.

Claim by an Incapacitated Member of the Forces.

Before filling up this form, read the particulars given on the back of the form for the information of Registrars, Special Magistrates, and Claimants.)

Section 44 of the Australian Soldiers’ Repatriation Act 1920–1922 reads:—

“44.—(1.) 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;
(e) 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.

“(3.) In any proceedings for an offence against this section the burden of proving the truth of the statement in respect of which the proceedings have been instituted or the genuineness of the document presented, shall rest on the person accused.

“(4.) Proceedings under this section may be taken before a Court of summary jurisdiction, and may be commenced at any time within three years after the commission of the offence.”

———

To the Registrar of Pensions at

I, [here write full name]of [here write full postal address]

hereby claim pensions for myself, my wife, and my children, and I declare that, to the best of my knowledge and belief, the following replies to the questions and requests for information are true and correct in every particular.

Questions and requests for information.	Replies.
State your number, rank, and the regiment or branch of the Forces in which you served	No. Rank Regiment, &c.
State how, where and when your incapacity was caused
Where and when were you born? (Give name of town and country, also exact date, if known.)..............................................	Place Date
What was your occupation before the outbreak of war? (State name of employer and rate of earnings.)................................
If you are or have been married, state, in respect of your first marriage:—	Full Maiden Name of Wife.	Place of Marriage.	Date of Marriage.	If wife still living.	Present Address
Give particulars of any subsequent marriage or marriages.............................................................................................

If you have any living children under the age of sixteen years, give particulars:—

Full Names of Children.	Date of Birth.		Place of Birth.	Where Living at Present.
Questions and requests for information.		Replies.
Give full name and address of person to whom children’s pensions, if granted, are to be paid...		Name Address
If discharged from the Forces, state the date of your discharge.......................................................
Have you earned any money since your discharge from the Forces?.........................................................
If so, give full particulars....................................
Are you or your wife or your children receiving or entitled to receive any payment under any Commonwealth Act other than the Australian Soldiers’ Repatriation Act 1920–1922, or under any Imperial Act or State Act? If so, give full particulars........................................
At what Post Office should your pension, if granted, be paid?.....................................................................
At what Post Office should the pensions of your wife and children, if granted, be paid?..........................

Declared at the day of 192 .
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 foregoing claim was received by me on 192 .

Registrar of Pensions at Date

Form WW.

———

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

NOTICE OF DEATH.

To the Deputy Commissioner of Pensions at

*Insert full name and last address; also any other available particulars likely to assist in identification.

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 Australian Soldiers’ Repatriation Act 1920–1922, 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 Australian Soldiers’ Repatriation Act 1920–1922 authorizes the official registering a death to inquire, when registering the death of any person, whether the deceased was a Pensioner under the Act and, if so, to notify the Deputy Commissioner. As War Pensions are granted to persons of all ages, inquiry should be made in all cases.

———

Form YY.

Commonwealth of Australia.

———

The Australian Soldiers’ Repatriation Act 1920–1922.

———

WAR PENSION REQUISITION.

———

The Secretary,

Repatriation Commission.

I beg to apply for the following Printed Forms for the use of this office.

Deputy Commissioner of Repatriation,

Date State of

N.B.—In order to guard against any waste of Forms, &c., care should be exercised to see that reasonable quantities only, having regard to actual requirements, are applied for.

Approximate number in stock.

Number now required.

Designation of Form.

G Application for Duplicate War Pension Certificate.

H War Pension Identification Card.

J War Pension Certificate.

K War Pension Medical Certificate.

L District Register of War Pension Claims.

M Declaration of Trustee (combined with War Pension Receipt).
N Declaration of Spinster or Widow (combined with War Pension Receipt).

O War Pension Order, Receipt and Declaration.

P War Pension Receipt.

R Report of Registrar.

S Confidential Report.

T Police Report.

U Record of Evidence.

W Request to Claimant for Attendance.

X Claim on behalf of Dependants under the age of sixteen years.
Y Claim by a Dependant (including wife or widow) over the age of sixteen years.

Z Claim by an Incapacitated Member of the Forces.

WW Death of War Pensioner.

XX Postage and Telegram Docket Book for Postmasters and Registrars.

Approximate Number in Stock.

Number How Required.

Designation of Form.

YY War Pension Requisition.

ZZ Application for Transfer of War Pension.

Z1 War Pension Docket Books.

Z5 Examiner’s Report on Claim in Form Y.

Z6 Examiner’s Report on Claim in Form X.

Z7 Grant of War Pension.

Z8 Notice to Trustee of War Pension granted.

Z9 Alteration of Rate of Pension

Z10 Notice of Alteration (combined).

Z11 Examiner’s Report on Claim in Form Z.

Z12 Cancellation of Pension, and

Z13 Notice of Cancellation (combined).

Z14 Rejection of War Pension Claim.

Z15 Additional War Pension Grant, and

Z16 Advice to Trustee of Additional Grant (combined).

*Z17 “C” Index Card—Member’s Card.

*Z18 “C” Index Card—Claimant’s Card (where surname different from that of member).

*Z19 Record of Pensions Granted.

*Z20 Record of Claims Rejected.

*Z21 Review Register.

Z22 Register of Payments.

Z23 Query Book.

Z24 Register of Underpayments and Overpayments.

Z25 Notice to Soldier to attend Medical Examination.
Z26 Notice to Medical Officer re Medical Examination on Review.

*Z27 Record of Alterations.

Z28 Notice of Suspension to Postmaster.

*Z29 Record of Deaths.

Z30 Interstate Transfers—Notification of.

Z31 Transfers In—Register of.

Z32 Transfers Out—Register of.

Z33 Weekly Statistical Record.

Z34 Return of Annual Statistics—Tables A, B, and C.

Z35 Annual Statistical Register.

Z36 Notification re Pension to Local Committee.

Z37 Summary of Special Cases submitted to Commission.
Z38 Statement and. Declaration of War Pensioner or Trustee (Dependants).
Z39 Statement and Declaration of War Pensioner or Trustee (Ex-soldiers).

* May be printed locally.

Form ZZ.

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Commonwealth of Australia.

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The Australian Soldiers’ Repatriation Act 1920–1922.

APPLICATION FOR CHANGE OF PLACE OF PAYMENT.

(Application, accompanied by Pension Certificate, must be sent to Postmaster or other Officer who pays Pension.)

Address
Date

Pension Certificate No.

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.

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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 , 192 .

Postmaster or Paying Officer.

N.B.—Postmasters cannot authorize transfers to places outside the Commonwealth (see Clause 38 of “Instructions to Postmasters”).