National Security (Civil Defence Volunteers' Compensation) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 170.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this twenty-ninth day of June, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

———

Amendments of the National Security (Civil Defence Workers’ Compensation) Regulations. 

Definitions.

1. Regulation 4 of the National Security (Civil Defence Workers’ Compensation) Regulations is amended—

(a) by inserting in the definition of “approved civil defence organization”, after the word “Gazette”, the words “or by writing under his hand”;

(b) by omitting from paragraph (b) of the definition of “eligible person” the word “or” (last occurring);

(c) by inserting after that paragraph the following paragraph:—

“(ba)where, by any law of the Commonwealth, or of a State or Territory of the Commonwealth, any person is required to provide or make available personnel for the purposes of the performance of, or giving instruction or undergoing training in the performance of, civil defence duties—a person provided or made available by that first-mentioned person in pursuance of that law; or”;

(d) by omitting from the definition of “service injury” the word and symbol “or (b)” and inserting in their stead the word and symbols ’’, (b) or (ba)”;

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1941, No. 288, as amended by Statutory Rules 1942, Nos. 53, 91 and 325.

3147.—Price 3d. 25/27.5.1943.

(e) by omitting from the definition of “service injury” all the words after the word “person,” (last occurring), and inserting in their stead the words “or of travelling to or from duty, and which is directly attributable to those duties or that instruction, training or travelling;”;

(f) by inserting after the definition of “the relevant date” the following definition:—

“‘travelling to or from duty’ means travelling by an eligible person—

(a) to a place where that person intends to report for or perform, or remain in readiness to perform, duties, or to give instruction or undergo training, as an eligible person; or

(b)from a place where he has reported for or performed, or remained in readiness to perform, duties, or given instruction or undergone training, as an eligible person to his place of residence, employment or business,

but does not include travelling during or after any substantial interruption of any such journey or during or after any substantial deviation from the shortest convenient route for the journey, having regard to the mode of transport employed;”; and

(g) by inserting in the definition of “war injury”, after the word “person” (last occurring), the words “, or of travelling to or from duty”.

Approved civil defence organization.

2. Regulation 7 of the National Security (Civil Defence Workers’ Compensation) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “in the rules of the organization”; and

(b) by inserting, after the word “Gazette” (wherever occurring), the words “or by writing under his hand”.

Rates of pension on death or total incapacity.

3. Regulation 18 of the National Security (Civil Defence Workers’ Compensation) Regulations is amended—

(a) by omitting from paragraph (e) of sub-regulation (1.) the word “and”;

(b) by omitting paragraph (f) of that sub-regulation and inserting in its stead the following paragraphs:—

“(f) to each child of the eligible person, in the case of the death of the eligible person, shall be—

(i) where there is a widow, separated widow or dependent female of the eligible person who has the custody of the children—Fifteen shillings per fortnight for each child; and

(ii) in any other case—Twenty-five shillings per fortnight for each child; and

 

“(g)to each child of the eligible person, in the case of the total incapacity of the eligible person—shall be Fifteen shillings per fortnight.”; and

(c) by inserting in sub-regulation (2.), after the word “years”, the words “(other than a child of the eligible person)”.

Compensation for loss of, or damage to, clothing, &c.

4. Regulation 53a of the National Security (Civil Defence Workers’ Compensation) Regulations is amended by inserting in sub-regulation (1.), after the word “property” (first occurring), the words “(other than a vehicle, including a bicycle)”.

References to certain dependent females.

5. The National Security (Civil Defence Workers’ Compensation) Regulations are amended by omitting the words “de facto wife” (wherever occurring) and inserting in their stead the words “dependent female”.

Amendments relating to administration.

6.—(1.) The National Security (Civil Defence Workers’ Compensation) Regulations are amended by omitting the word “Commission” (wherever occurring, except where first occurring in regulation 39) and inserting in its stead the word “Commissioner”.

(2.) The National Security (Civil Defence Workers’ Compensation) Regulations are amended as set out in the Schedule to these Regulations.

———

Regulation 6.

THE SCHEDULE.

——

AMENDMENTS RELATING TO ADMINISTRATION.

Regulation.

Extent of Amendment.

4.................................

Omit the definition of “Deputy Commissioner” insert the following definition:—

“‘Deputy Commissioner’ means a Deputy Commissioner of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;”

Omit the definition of “Registrar” insert the following definition:—

“‘Registrar’ means a Registrar of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;”

Omit the definition of “Special Magistrate” insert the following definition:—

“‘Special Magistrate’ means a Special Magistrate holding office under the Invalid and Old-age Pensions Act 1908-1943; “

Omit the definition of “the Australian Soldiers’ Repatriation Act”

Omit the definition of “the Commission” insert the following definition:—

“‘the Commissioner’ means the Commissioner of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;”

6 (1.)...........................

Omit “its seal” insert “his hand”

Omit “its” (second occurring) insert “his”

Omit “Chairman of the” (wherever occurring)

9 (1.)...........................

After “Commission” (second occurring) insert “, a Deputy Commissioner”

Insert after “Commission” (third and fourth occurring) “, Deputy Commissioner”

9 (2.)...........................

After “Commission” insert “, a Deputy Commissioner”

 

The Schedule—continued.

Regulation.

Extent of Amendment.

12a.............................

18 (1.) (a)....................

19, 20 (1.)...................

27, 28 (2.)....................

33 (1.).........................

34 (3.).........................

36 (1.).........................

39...............................

48...............................

53a (1.).......................

Omit “its” insert “his”

Omit “it” insert “he”

Omit “its” insert “his”

Omit “it” insert “he”

Omit “it or”

Omit “it” (wherever occurring) insert “he”

Omit “it” insert “he”

Omit “Commission” (first occurring) insert “Department of Social Services”

Omit “it” (second and third occurring) insert “he”

Omit “it” insert “him”

 

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