National Security (Civil Constructional Corps Compensation) Regulations (Amendment) (Cth)

STATUTORY RULES

1946. No. 171.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1946.*

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 National Security Act 1939–1946.

Dated this twenty-ninth day of November, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

N. E. McKENNA

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Civil Constructional Corps Compensation) Regulations.

Definitions.

1.Regulation 4 of the National Security (Civil Constructional Corps Compensation) Regulations is amended—

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

“‘service injury’ means personal injury by accident which was sustained by an eligible person—

(a) in the course of his duties as a member of the Civil Constructional Corps and was directly attributable to those duties;

(b)in a camp where any eligible person was living by direction of the Allied Works Council, but which was not directly attributable to his duties; or

(c) while travelling to or from duty,

and which was not due to his serious and wilful misconduct;”;

(b)by omitting from the definition of “the management” the words “Director-General of Works” and inserting in their stead the words “Director-General, Department of Works and Housing”;

* Notified in the Commonwealth Gazette on 2nd December, 1946.

 Statutory Rules 1944, No. 26, as amended by Statutory Rules 1945, No. 47.

6982.—Price 3d

 

(c) by omitting from the definition of “war injury” the word “is” (wherever occurring) and inserting in its stead the word “was”;

(d)by inserting in the definition of “war injury”, after the word “person” (first occurring), the words “while he was a member of the Civil Constructional Corps”; and

(e) by omitting from the definition of “war injury” the words “serious negligence or serious misconduct” and inserting in their stead the words “serious and wilful misconduct”.

Duties of Director-General.

2. Regulation 7of the National Security (Civil Constructional Corps Compensation) Regulations is amended by omitting sub-paragraph (ii) of paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(ii) whether the injury was due to the eligible person’s serious and wilful misconduct;”.

Pension payable in certain cases of continuing incapacity.

3. Regulation 12 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by inserting in paragraph (b)of sub-regulation (l.) after the word “Schedule” (second occurring) the words “which is equivalent to the degree of incapacity of the eligible person”.

Pension after death of incapacitated eligible person.

4. Regulation 19 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by inserting after the word “dependant” (twice occurring) the word “, widow”

Pensions to female dependants to cease on marriage or on re-marriage.

5. Regulation 22 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by omitting the words “any female dependant or separated widow” and inserting in their stead the words “the widow, separated widow or any single or widowed female dependant”.

Periodical medical examination.

6. Regulation 25 of the National Security (Civil Constructional Corps Compensation) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The Director-General may require any eligible person who claims, or who is in receipt of, any allowance, pension or other benefit under these Regulations to submit himself for medical examination by a duly qualified medical officer or practitioner nominated by the Director-General.”; and

(b)by omitting from sub-regulation (2.) the words“eligible person, or dependant of an eligible person,” and inserting in their stead the word “person”.

Claim for compensation.

7. Regulation 34 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by omitting from sub-regulation (1.) the words “such officer as is specified by the Director-General by notice in the Gazette”and inserting in their stead the words “the Director-General or to the Deputy Commissioner for the State in which the claimant resides”.

 

Declaration by female dependents.

8. Regulation 39 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by inserting after the words “payable to” the words “the widow, separated widow or”

Notification of marriage or divorce.

9. Regulation 40 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by omitting from sub-regulation (1.) the words “Any dependant, separated wife or separated widow” and inserting in their stead the words “The widow, separated wife, separated widow or any single or widowed female dependant”

10. After regulation 45 of the National Security (Civil Constructional Corps Compensation) Regulations the following regulation is inserted in Part VI.:—

Payment to be made from moneys appropriated.

“45a. Compensation and other benefits granted in pursuance of these Regulations shall be payable out of moneys from time to time appropriated by the Parliament for the purpose.”.

Persons entitled to payments under other laws.

11. Regulation 49 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by inserting after the word “dependant” (twice occurring) the word “, widow”.

 

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