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

STATUTORY RULES.

1941. No. 288.

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 fifteenth day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. P. LAZZARINI

for and on behalf of the Minister of State for Defence Co-ordination.

———

NATIONAL SECURITY (CIVIL DEFENCE VOLUNTEERS’ COMPENSATION) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the National Security (Civil Defence Volunteers’ Compensation) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Home Security.

Parts.

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

Part I.—Preliminary.

Part II.—Administration.

Part III.—Compensation in respect of Death or Incapacity.

Part IV.—Medical Benefits and Funeral Allowance.

Part V.—Investigation of Claims and Payment of Compensation.

Part VI.—Miscellaneous.

Definitions.

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

“approved civil defence organization” means a civil defence organization which has been declared by the Minister, by notice in the Gazette, to be an approved civil defence organization for the purposes of these Regulations;

* Notified in the Commonwealth Gazette on 15th December, 1941.

7598.—Price 1s.

“child” means a dependant under the age of sixteen years who is—

(a) a son or daughter born to the civil defence volunteer of a marriage which took place before the relevant date;

(b) a step-son, step-daughter, adopted son or adopted daughter who became dependent on him before the relevant date; or

(c) an ex-nuptial son or ex-nuptial daughter of the volunteer born before, or within nine months after, the relevant date;

“civil defence volunteer” or “volunteer” means a person who is a member of an approved civil defence organization and has been duly attested and enrolled in the manner provided by the rules of the organization and, except where the expression is used in relation to the happening of any event in respect of which a benefit under these Regulations may be granted, includes a person who has been a civil defence volunteer within the meaning of the foregoing provisions of this definition;

“claim” means a claim for compensation or other benefit under these Regulations;

“claimant” means a person who has made a claim whether on his own behalf, or on behalf of a civil defence volunteer or of a dependant, de facto wife, separated wife or separated widow of a civil defence volunteer;

“compensation” means compensation under these Regulations by way of pension or a lump sum;

“de facto wife”, in relation to a civil defence volunteer, means a woman who, though not legally married to him, has been wholly or substantially maintained by and has lived with the volunteer as his wife on a permanant and bona fide domestic basis continuously from a date not less than six months prior to the relevant date and who, at the relevant date—

(a) had in her charge a child of the volunteer;

(b) was over forty years of age; or

(c) was incapable of supporting herself by reason of her mental or physical incapacity of long standing;

“dependant” means any member of a civil defence volunteer’s family who at the time of his death or the commencement of his incapacity (as the case may be) was dependent upon his earnings or, in the case of a person specified in paragraph (a) or (c) of the definition of “child”, who would, but for the death or incapacity, be so dependent, and includes—

(a)where the volunteer is the grandparent of an ex-nuptial child who was so dependent—that child; and

(b) where the volunteer is an ex-nuptial child and his parent or grandparent was so dependent—that parent or grandparent;

 

“dependent” means wholly or substantially dependent;

“Deputy Commissioner” means a Deputy Commissioner of Repatriation appointed under the Australian Soldiers’ Repatriation Act;

“member of a civil defence volunteer’s family” means the wife, husband, parent, brother, sister, grandparent, grandchild, step-parent, step-brother, step-sister, half-brother or half-sister of the volunteer or a person under the age of sixteen years specified in paragraph (a), (b) or (c) of the definition of “child”;

“pension” means a pension under these Regulations;

“Registrar” means a person holding office as Registrar of Pensions under the Australian Soldiers’ Repatriation Act or the Regulations thereunder;

“Schedule” means a Schedule to these Regulations;

“separated wife” means the wife of a civil defence volunteer who is living apart from him either in pursuance of a decree, judgment, order or deed of separation or by reason of her having been deserted by the civil defence volunteer or in circumstances which, in the opinion of the Commission, are analogous thereto, and “separated widow” means the widow of a civil defence volunteer who was so living apart from him immediately prior to his death;

“Special Magistrate” means a person holding office as a Special Magistrate under the Australian Soldiers’ Repatriation Act or the Regulations thereunder;

“the Australian Soldiers’ Repatriation Act” means the Australian Soldiers’ Repatriation Act 1920-1941;

“the Commission” means the Repatriation Commission appointed under the Australian Soldiers’ Repatriation Act;

“the maximum rate of pension” means the rate of Four pounds four shillings per fortnight;

“the relevant date”, in relation to a civil defence volunteer, means the date on which the civil defence volunteer sustained the training injury to which his death or incapacity is directly attributable;

“training injury” means a personal injury sustained by a civil defence volunteer in the course of training or giving instruction as a member of an approved civil defence organization, and directly attributable to that training or instruction, but does not include an injury sustained by him while travelling to or from any place at which he intends to undergo or engage in, or has undergone or engaged in, that training or instruction;

“trustee” means a trustee appointed under these Regulations;

“wife” and “widow” do not include a woman whose marriage to the civil defence volunteer takes place after the relevant date, or, except as otherwise expressly provided in these Regulations, a separated wife or separated widow.

 

Application to Territories.

5.—(1.) These Regulations shall extend to every Territory of the Commonwealth.

(2.) For the purposes of these Regulations, the Australian Capital Territory shall be deemed to be part of the State of New South Wales, and the Northern Territory shall be deemed to be part of the State of South Australia.

Part II.—Administration.

Delegation of powers by the Commission.

6.—(1.) The Commission may, in relation to any matters or class of matters, or in relation to any particular State or Territory of the Commonwealth or any part of a State or Territory of the Commonwealth, by writing under its seal delegate all or any of its powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the State or Territory of the Commonwealth, or part of a State or Territory of the Commonwealth, specified in the instrument of delegation.

(2.) Where under these Regulations the exercise of any power or function by the Commission is dependent upon the opinion, belief or state of mind of the Commission in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.

(3.) A delegation under this regulation shall not prevent the exercise of any power or function under these Regulations by the Commission.

Approved civil defence organizations.

7.—(1.) Any civil defence organization may apply to the Minister to be declared an approved civil defence organization for the purposes of these Regulations.

(2.) If the Minister is satisfied as to the provision made in the rules of the organization for the management and control of the organization, the attestation and enrolment of members of the organization and the making of reports concerning injuries sustained by members of the organization, he may, in his discretion, by notice in the Gazette, declare the organization to be an approved civil defence organization for the purposes of these Regulations.

(3.) The Minister shall not make a declaration in pursuance of the last preceding sub-regulation in relation to any organization which appears to him to be; substantially an organization of employees of, and to be formed solely in relation to any undertaking or business of, any State or any State instrumentality or any company, firm or person.

(4.) The Minister may, if he considers it desirable so to do, by notice in the Gazette, cancel any declaration under sub-regulation (2.) of this regulation, and the organization shall thereupon cease to be an approved civil defence organization.

Duties of Commission.

8. It shall be the duty of the Commission—

(a) to determine, in case of the death or incapacity of a civil defence volunteer in respect of which a claim for compensation is made—

(i) whether the death or incapacity is directly attributable to a training injury sustained by the volunteer;

 

(ii) whether that training injury was due to the volunteer’s own serious negligence or serious misconduct;

(iii) whether, in the case of the death of a volunteer, that death was in any substantial manner due to or hastened by his own serious negligence or serious misconduct; and

(iv) in the case of the incapacity of the volunteer, the nature and degree of the incapacity;

(b)to determine the extent (if any) to which persons alleged to be or to have been dependent upon a civil defence volunteer are or were so dependent;

(c) to assess, from time to time, the rates of pensions or the amounts of lump sum compensation to be paid to civil defence volunteers and their dependants, and to determine the dates of commencement and cessation of those pensions;

(d) to determine, in such cases as the Commission thinks fit—

(i) that payment of a pension be suspended and the date of the suspension; or

(ii) that payment of a pension which has been suspended be recommenced and the date of recommencement;

(e) to determine such other questions as are necessary to be determined in the administration of these Regulations.

Power to summon witnesses, take evidence, &c.

9.—(1.) The Chairman of the Commission, any person authorized in writing by the Chairman of the Commission, a Special Magistrate or a Registrar may, for the purpose of any inquiry which the Commission, Special Magistrate or Registrar (as the case may be) has power to make, summon any person to appear before the Commission, Special Magistrate or Registrar (as the case may be), and may require that person to answer questions and to produce documents and, for any such purpose, may administer oaths or take affirmations.

(2.) A person who has been lawfully summoned to appear before the Commission, a Special Magistrate or a Registrar shall not fail to appear, and a person who appears, whether summoned or not, shall not—

(a) refuse to be sworn or make an affirmation as a witness;

(b) fail to answer any question which he is lawfully required to answer; or

(c) fail to produce any documents which he is lawfully required to produce.

Part III.—Compensation in Respect of Death or Incapacity.

Grant of compensation.

10. Where any civil defence volunteer dies or becomes incapacitated, and the death or incapacity is directly attributable to his having sustained a training injury, the Commonwealth shall, subject to these Regulations, pay to his dependants, or to him, or to both, compensation by way of pension or lump sum in accordance with these Regulations.

Report by person in charge.

11. The person in charge of any training operations of civil defence volunteers in the course of which an injury is sustained by a volunteer shall as soon as practicable, and in any event not later than ten days after the injury was sustained, forward to the Commission or to a Deputy Commissioner a report in accordance with a form approved by the Commission setting out full particulars of the circumstances under which the injury was sustained.

Claim for compensation.

12.—(1.) A claim for compensation under these Regulations shall be in accordance with a form approved by the Commission and shall be forwarded to the Commission or to the Deputy Commissioner for the State in which the person making the claim resides, within one month after the date of injury or death, or within one month after the disability due to the injury becomes manifest, whichever is the later date.

(2.) Unless the Commission otherwise directs, compensation shall not be granted in respect of a claim which is not made and delivered in accordance with the last preceding sub-regulation.

(3.) Unless the Commission in exceptional circumstances otherwise directs, a pension in respect of the death or incapacity of a civil defence volunteer shall not be paid in respect of any period prior to the date of the commencement of the period of one month immediately preceding the date on which the claim for the pension is made.

Provisional grant of pensions.

13.—(1.) A grant of pension under these Regulations may be made provisionally for such period and at such rate (not exceeding the period or rate authorized by these Regulations) as the Commission thinks fit.

(2.) Except in cases where the disablement of a civil defence volunteer has reached its final condition, the grant of any pension in respect of incapacity consequent on that disablement shall be provisional and subject to review from time to time until a permanent assessment can be made or the grant ceases.

Limitation on grant of compensation where due to negligence or misconduct.

14. Compensation in respect of the death or incapacity of a civil defence volunteer shall not be granted if, in the opinion of the Commission—

(a)in the case of death—the volunteer in any substantial measure contributed to or hastened his death by his own serious negligence or serious misconduct; or

(b)in the case of incapacity—the injury to which the incapacity of the volunteer is attributable was in any substantial measure due to his own serious negligence or serious misconduct.

Degree of incapacity.

15.—(1.) For the purposes of these Regulations the degree of incapacity of a civil defence volunteer shall be assessed by reference to that degree which the volunteer’s incapacitated condition bears to the condition of a normal and healthy person of the same age and sex without taking into account—

(a)the earning capacity of the volunteer in his incapacitated condition in his own or any other specific trade or calling; or

(b) the effect of any individual factors or extraneous circumstances.

 

(2.) Total incapacity shall be expressed as One hundred degrees of incapacity and any lesser degree shall be expressed by way of percentage.

Compensation to dependants.

16.—(1.) Subject to sub-regulation (2.) of this regulation, compensation shall not be granted or continued to any person unless that person is, in the opinion of the Commission, without adequate means of support and incapable of earning a livelihood.

(2.) The last preceding sub-regulation shall not apply to—

(a)the civil defence volunteer or his widow, wife, separated widow, separated wife, de facto wife or child; or

(b) in the case of a deceased unmarried civil defence volunteer—

(i) his widowed mother, where he was born in wedlock or subsequently legitimated, if she became a widow either prior to or within three years after his death;

(ii) his widowed mother, where he was born out of wedlock, if he was brought up by her and she became a widow either prior to or within three years after his death; or

(iii) his unmarried mother if he was brought up by her.

(3.) Except in the case of a mother of a civil defence volunteer, a pension discontinued in pursuance of sub-regulation (1.) of this regulation shall not afterwards be renewed.

Pension after death of incapacitated civil defence volunteer.

17. Where a civil defence volunteer has suffered a training injury involving, as a direct result, some appreciable degree of incapacity, and he subsequently dies from a cause or causes other than that injury, a dependant, de facto wife or separated widow of the volunteer shall, subject to these Regulations, be entitled to receive or to continue to receive, as the case may be, such pension (if any) as—

(a) was being paid;

(b) was payable; or

(c)would, but for the fact that a claim had not been lodged or that a claim lodged had not been determined, have been payable,

under these Regulations to that dependant, de facto wife or separated widow immediately prior to the death of the volunteer.

Rates of pension on death or total incapacity.

18.—(1.) Subject to these Regulations, the rates of pension payable—

(a)to the widow of a civil defence volunteer in the case of his death—shall be Two pounds seven shillings per fortnight:

Provided that where the widow has in her charge a child of the civil defence volunteer or her circumstances are such as, in the opinion of the Commission, to justify an increase beyond the rate prescribed by this paragraph, the Commission may, for such period as it thinks fit, increase the rate of pension to an amount not exceeding Four pounds four shillings per fortnight;

(b)to dependants, other than children, in the case of the death of a civil defence volunteer, where no pension is payable to his widow, separated widow or de facto wife—shall be such rates as are assessed by the Commission, but so that the aggregate of the pensions payable to such dependants shall not exceed Four pounds four shillings per fortnight;

(c) to the civil defence volunteer in the case of his total incapacity—shall be Four pounds four shillings per fortnight;

(d)to the wife of a civil defence volunteer in the case of his total incapacity—shall be One pound sixteen shillings per fortnight;

(e) to dependants, other than children, in the case of the total incapacity of a civil defence volunteer, where no pension is payable to his wife, separated wife or de facto wife—shall be such rates as are assessed by the Commission, but so that the aggregate of the pensions payable to such dependants shall not exceed the amount of Two pounds eleven shillings per fortnight; and

(f) to each child of the civil defence volunteer in the case of the death or total incapacity of the civil defence volunteer shall be Fifteen shillings per fortnight.

(2.) Notwithstanding anything contained in this regulation, the rate of pension payable to any dependant under the age of sixteen years shall not exceed Fifteen shillings per fortnight.

Pension to de facto wife.

19. The Commission may, in its discretion, in the case of the death or total incapacity of a civil defence volunteer to which regulation 10 of these Regulations applies, grant to his de facto wife a pension at a rate not exceeding the rate of pension prescribed by the last preceding regulation in respect of his widow or wife:

Provided that if a pension is also payable to the widow, wife, separated widow or separated wife, the pension granted to the de facto wife shall not in any case be at such a rate that the sum of those pensions would exceed Four pounds four shillings per fortnight.

Pension of separated wife or widow.

20.—(1.) The Commission may, in its discretion, in the case of the death or total incapacity of a civil defence volunteer to which regulation 10 of these Regulations applies, grant a pension to his separated widow or separated wife if she satisfies the Commission that the civil defence volunteer, in the case of a separated wife is, or, in the case of a separated widow was, immediately prior to his death, contributing, or liable to contribute, to her support, or that the separation was caused through the mental instability of the civil defence volunteer directly attributable to a training injury.

(2.) The rate of any pension payable under the last preceding sub-regulation shall be in the discretion of the Commission but shall not exceed—

(a)where the separated wife or separated widow is eligible for pension by reason of her having satisfied the Commission that the civil defence volunteer is or was contributing or liable to contribute to her support—the rate at which the

civil defence volunteer was contributing, or was liable to contribute, whichever is the greater, to her support immediately prior to the separation or the commencement of his incapacity (whichever is the later date) in the case of a separated wife, or immediately prior to his death, in the case of a separated widow; or

(b)in any case—the rate to which she would have been entitled but for the separation.

Allowance for attendant.

21.—(1.) Where a civil defence volunteer entitled to compensation is incapacitated by reason of a disability described in column 1 of the First Schedule which is directly attributable to a training injury and the Commission is of the opinion that he is in need of an attendant, there shall be payable to him the fortnightly allowance for an attendant specified in column 2 of that Schedule opposite the description of that disability:

Provided that no such allowance shall be payable in respect of any period during which the volunteer is maintained in an institution at the public expense.

(2.) For the purposes of this regulation and the First Schedule, a leg or arm shall be deemed to be lost if it has been rendered permanently and wholly useless.

Pensions for specified major injuries.

22.—(1.) Where a civil defence volunteer is entitled to compensation by reason of a disability described in column 1 of the Second Schedule, he may be paid a pension at a rate equal to such percentage of the maximum rate of pension as is specified in column 2 of that Schedule opposite the description of that disability.

(2.) For the purposes of this regulation and the Second Schedule, a leg, foot, arm, hand or eye shall be deemed to be lost if it has been rendered permanently and wholly useless.

Compensation in respect of partial incapacity.

23.—(1.) Except as provided in the foregoing provisions of this Part or in sub-regulation (2.) of this regulation, the rates of pension payable in respect of the partial incapacity of a civil defence volunteer shall, in respect of a degree of incapacity included in a range specified in column 1 of the Third Schedule, be such percentage of the rate of pension which would be payable if that civil defence volunteer were totally incapacitated as is specified in column 2 of the Third Schedule opposite that range:

Provided that the rates of pension payable to dependants, other than children, where no pension is payable to the wife, separated wife or de facto wife of the civil defence volunteer shall be such rates as are assessed by the Commission, but so that the aggregate of the pensions payable to such dependants shall not exceed the percentage referred to in this sub-regulation of Two pounds eleven shillings per fortnight.

(2.) Compenation shall not be payable under these Regulations in respect of the partial incapacity of a civil defence volunteer where the degree of incapacity is less than ten per centum.

Pensions for limited periods in certain cases.

24.—(1.) A pension payable to a child as such shall cease upon his attaining the age of sixteen years.

 

(2.) Notwithstanding anything contained in the last preceding sub-regulation, where a person under the age of twenty-one years is a child in respect of whom a pension might have been granted under these Regulations if he had not attained the age of sixteen years and the Commission is satisfied that—

(a) his pecuniary circumstances or those of his family are such that a pension in respect of that person ought to be paid; and

(b) he is incapable of supporting himself by reason of an infirmity from which he has been suffering since a date prior to that on which he attained the age of sixteen years,

the Commission may make or continue a grant of pension in respect of that person at the same rate as would have been applicable if that person had not attained the age of sixteen years, but in no case shall any such pension continue after the person has attained the age of twenty-one years.

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

25. A pension payable to any female dependant, de facto wife or separated widow of a civil defence volunteer shall not he continued after her marriage or re-marriage:

Provided that the marriage of a de facto wife of a civil defence volunteer to that volunteer shall not be deemed to be marriage or re-marriage for the purposes of this regulation.

Notification of marriage or divorce.

26.—(1.) Any dependant, de facto wife, separated wife or separated widow of a civil defence volunteer to whom, a pension is payable who marries or obtains a decree nisi in divorce, or against whom a decree nisi in divorce is obtained, shall forthwith send a written notification of that fact to the Commissioner or to the Deputy Commissioner for the State in which he or she resides.

(2.) Any person convicted of an offence arising out of a contravention of this regulation may be ordered by the Court by which he or she is convicted to repay to the Commonwealth any moneys received in consequence of the failure to comply with the provisions of this regulation.

Rejection of claims and termination of pensions of dependants.

27. The Commission may reject any claim for a pension by, or terminate any pension granted to, a dependant, de facto wife, separated wife or separated widow of a civil defence volunteer if it is satisfied that the grant or continuance of the grant of the pension would be undesirable.

Suspension of pension during imprisonment.

28.—(1.) If any person in receipt of a pension is convicted of an offence and sentenced to any term of imprisonment, the Commission may, in respect of the time during which that person is serving the term of imprisonment or in, respect of any portion of that time, suspend the pension or cancel any instalment thereof.

(2.) The Commission may, if it thinks fit, in lieu of suspending a pension or cancelling any instalment thereof under, the last preceding sub-regulation, order that, during the term of imprisonment or any portion thereof, the whole or any part of the pension shall be paid to such person as the Commission determines, and the pension shall thereupon be payable accordingly during that term or portion.

 

Periodical examination of pensioners

20.—(1.) The Commission or any person authorized in that behalf by the Commission may, from time to time, require any person receiving a pension to submit himself for medical examination by a duly qualified medical officer or practitioner nominated by the Commission.

(2.) The right to payment of instalments of pension of any volunteer, or dependant of a volunteer, refusing or failing to submit himself to medical examination as and when required in accordance with this regulation, or in any way obstructing the examination, may be suspended by the Commission until the examination has taken place without any obstruction.

Pension granted on re-application.

30. Where a claim for pension has been made under these Regulations and has been rejected and, upon a subsequent application, a pension is granted to the claimant, the pension shall not be payable in respect of any period prior to the period of three months immediately preceding the date of the application upon which the pension is granted.

Re-grant of cancelled or relinquished pension.

31.—(1.) Where a pension has been cancelled and the person concerned, upon an application for reinstatement of his pension, is again granted a pension, payment of the pension so granted shall not be made in respect of any period prior to the period of three months immediately preceding the date on which the application for reinstatement was made.

(2.) Where a pension has been voluntarily relinquished, either wholly or in part, and the person concerned applies for the reinstatement of the pension or part thereof so relinquished, the pension or part thereof shall, subject to these Regulations, be reinstated, but the reinstatement shall not operate in respect of any period prior to the period of three months immediately preceding the date on which the application for reinstatement was made.

Conditions of grant to be fulfilled.

32. Where under these Regulations a pension may be granted to, for, or in respect of, a person only if some condition or requirement is fulfilled or complied with, a grant so made shall, unless the Commission otherwise determines, cease to have effect if and when that condition or requirement ceases to be fulfilled or complied with.

Administration of pensions, &c.

33.—(1.) Where the Commission or a Deputy Commissioner considers it desirable to do so in the interests of the person to, for, or in respect of whom any compensation is payable under these Regulations, the Commission or Deputy Commissioner may administer that compensation in such manner as appears to it or him to be in the best interests of that person or may appoint a trustee of that compensation and pay the compensation to him, and a receipt given by the trustee for any amount of compensation, shall be a good and sufficient discharge to the Commission in respect of that amount.

(2.) Subject to any directions of the Commission or a Deputy Commissioner, a trustee so appointed shall collect the compensation, and shall hold, or may apply, it in such manner as he sees fit for the benefit of the person to, for, or in respect of whom the compensation is payable.

Commission may review pensions, &c.

34.—(1.) If it appears to the Commission that by reason of any misstatement or mistake of fact, or of any change in circumstances or for any other reason whatsoever, it is expedient so to do, the Commission may at any time review any grant or assessment of pension, or any determination in relation to a pension, made under these Regulations, and may vary or cancel that grant, assessment or determination, and either make or refrain from making a new grant, assessment or determination:

Provided that no such pension shall be increased to a rate or amount exceeding the rate or amount authorized by these Regulations.

(2.) Where any person in receipt of or entitled to receive any pension under these Regulations refuses or fails to attend at the time and place fixed by the Commission for any review, or impedes or hinders the review, the Commission may cancel the pension.

(3.) On the cancellation under the last preceding sub-regulation of a pension of a civil defence volunteer, any pensions payable to his dependants, de facto wife or separated wife shall not be continued for more than twelve months from the date fixed for the review:

Provided that if the Commission is satisfied that the incapacity of the volunteer in respect of which a pension has been granted is of a permanent nature, it may continue any pension, or any part thereof, to a dependant, de facto wife or separated wife for such period as it thinks proper.

Lump sum compensation.

35.—(1.) Notwithstanding anything contained in these Regulations, where a civil defence volunteer is entitled to compensation under the foregoing provisions of these Regulations and a duly qualified medical officer or practitioner certifies that the condition of incapacity is permanent and stationary, the Commission may grant compensation by way of a lump sum or lump sums (as the case may be) in lieu of all pensions payable under the foregoing provisions of these Regulations in respect of that incapacity, or may direct that compensation by way of a lump sum or lump sums (as the case may be) be substituted for all pensions granted under those provisions in respect of that incapacity—

(a)in any case where the degree of incapacity is less than fifty per centum; or

(b) in any case where—

(i) the degree of incapacity is not less than fifty per centum but is less than one hundred per centum; or

(ii) the volunteer is suffering from a disability described in column 1 of the Second Schedule,

and the volunteer and every other person to whom any such pension is payable has each consented to accept a lump sum in lieu of a pension.

(2.) The Commission may, with the consent of every dependant who has been granted a pension under the foregoing provisions of these Regulations in respect of the death of a civil defence volunteer, direct the payment of a lump sum or lump sums (as the case may be) in lieu of all pensions payable in respect of the death if the Commission is satisfied that it is desirable in the interests of the dependants to do so.

(3.) The amount of a lump sum payment under this regulation shall be determined by the Commission having regard to the pension in lieu of which it is to be paid and the age of the person concerned, but the total amount of lump sum compensation payable in respect of the death or incapacity of any civil defence volunteer together with any sum paid by way of pension shall not exceed the sum of Seven hundred and fifty pounds.

(4.) This regulation shall not apply to any case in which an allowance under regulation 21 is being paid or would be payable.

(5.) A person under a legal disability shall not be capable of giving a consent for the purposes of this regulation.

Part IV.—Medical Benefits and Funeral Allowance.

Medical benefits.

36.—(1.) In addition to any compensation payable under these Regulations to, or in respect of, any civil defence volunteer who has sustained a training injury, the Commonwealth shall pay the cost of such medical, surgical and hospital treatment as is, in the opinion of the Commission, reasonable:

Provided that the amount payable under this regulation shall not exceed—

(a)the amount required to meet the cost of such treatment for a period of six months; or

(b) One hundred pounds,

whichever is the lesser, except in cases specially approved by the Commission where it is satisfied that the necessary curative treatment cannot be effected within that period or for that amount.

(2.) Except in such cases, and to such extent, as the Commission by reason of special circumstances sees fit, payment shall not be made under this regulation unless the approval of the Commission or of a Deputy Commissioner was obtained before the treatment was undergone.

Funeral expenses.

37.—(1.) Where the death of a civil defence volunteer is directly attributable to a training injury, the Commission may authorize the payment of funeral expenses not exceeding the sum of Fifteen pounds.

(2.) Unless the Commission by reason of special circumstances otherwise directs, payment under this regulation shall not be made unless a claim in the form approved by the Commission is forwarded to the Commission or to a Deputy Commissioner within one month after the expenses are incurred.

Part V.—Investigation of Claims and Payment of Compensation.

Declarations by claimants.

38.—(1.) Where the form of any claim approved by the Commission, or any other document relating to a claim for, or a review of, compensation or other benefit under these Regulations, includes a declaration as to the correctness of the information set forth in the claim or document, the declaration may be made before such person as the Commission specifies.

(2.) Where a claim is made on behalf of a person under the age of sixteen years, the declaration may be made by any person over the age of sixteen years who has a knowledge of the information set forth in the claim.

Investigation of claims and reviews.

39. A Deputy Commissioner—

(a) upon receipt of any claim; or

(b) whenever it is necessary or expedient to review a grant of pension,

shall arrange for the claim or the case, as the case may be, to be investigated by a Registrar, a Special Magistrate, or an officer of the Commission, who shall ascertain from the claimant, pensioner, or any other person, such information as may be necessary to enable the Commission to determine such of the questions specified in regulation 8 of these Regulations as have a bearing on the claim or case, and shall forward the claim or case, together with a written record of the information so obtained, to the Deputy Commissioner.

Payment of pension.

40.—(1.) Pensions granted under these Regulations shall be payable by fortnightly instalments which may be paid in advance.

(2.) The fortnights in respect of which instalments of pension are payable shall commence on such day as the Commission determines.

(3.) The amount of any instalment in respect of a period of less than a fortnight shall be an amount which bears the same proportion to a fortnightly instalment as that lesser period bears to a fortnight.

Due date of instalments.

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

Provided that where the due date is a public holiday payment may be made on such other day as the Commission directs.

Issue of pension certificate and identification card.

42. Where a pension is to be paid in fortnightly instalments, the Deputy Commissioner shall forward to the postmaster or other officer who has to pay the instalments, a pension certificate and identification card, each in a form approved by the Commission, and the postmaster or other officer shall retain the identification card and deliver the certificate to the pensioner or trustee, as the case may be:

Provided that, in the case of a pensioner or trustee not residing in Australia, the Commission may make such arrangements for the payment of instalments as it deems practicable.

Possession of identification card authority to pay instalments.

43.—(1.) Subject to these Regulations, the possession by a postmaster or other officer of an identification card shall be sufficient authority for the payment by him of the instalments of pension described therein to the pensioner or trustee, or the holder of an order under regulation 45 of these Regulations, as the case may be, on the production of the pension certificate by the pensioner, trustee or holder.

(2.) The postmaster or other officer shall not make a payment of any such instalment until he has made a note in relation to the payment on the pension certificate.

(3.) The Commission may give any instruction to the postmaster or other officer to withhold the payment of any instalment or concerning the method of payment and accounting, and the postmaster or other officer shall comply with any such instruction accordingly.

 

Receipt by pensioner or trustee.

44.—(1.) Where the pensioner or trustee applies personally for a payment by instalment of pension he shall give a receipt for each instalment in accordance with the form approved by the Commission.

(2.) The postmaster or other officer may refuse to pay any instalment of pension if he is not satisfied that the person presenting the receipt is the pensioner or trustee, as the case may be.

Payment to other person.

45. Payment may be made to a person other than the pensioner or trustee if that person is the holder of an order, in the form approved by the Commission, from the pensioner or trustee and makes a declaration that he is not receiving the whole or any portion of the 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, or in payment of any debt whether due or about to become due from the pensioner.

Payment of instalment to female dependant.

46. Subject to regulation 48 of these Regulations, a postmaster or other officer shall not pay any instalment of a pension granted to any single or widowed female dependant of a civil defence volunteer unless, at the time of making the payment, there is presented to the postmaster or other officer a declaration, in the form approved by the Commission, by the female dependant or, where a trustee has been appointed to receive payments on her behalf, by that trustee, that, on the due date of the instalment, the female dependant had not married or re-married.

Payment of instalment to trustee.

47. Subject to regulation 48 of these Regulations, a postmaster or other officer shall not pay any instalment of a pension payable to a trustee unless there is presented to the postmaster or other officer, at the time of making the payment, a declaration by the trustee, in the form approved by the Commission, that the person on whose behalf the pension is payable is alive.

Special provisions as to declarations.

48. Where the Commission is of opinion that it would be impracticable or seriously inconvenient to obtain the declarations required by the last two preceding regulations on each and every occasion when an instalment is being paid, it may approve of such declarations being obtained at such intervals as it determines not exceeding twelve months.

Payment of undrawn instalment of pension of deceased pensioner.

49. An 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 Commission or a Deputy Commissioner, has a legal or equitable claim thereto:

Provided that payment to any person who is not a legal representative of the deceased shall not be authorized until the Commission or the Deputy Commissioner is satisfied that application will not be made far probate of will or letters of administration.

Death of pensioner.

50.—(1.) Whenever the death of any person is reported to any officer of the Commonwealth or a State or a Territory of the Commonwealth who is charged with the duty of registering deaths, he may inquire whether the deceased was a pensioner under these Regulations, and the person reporting the death shall, to the best of his knowledge, state whether the deceased was such a pensioner or not.

(2.) If the deceased was a pensioner, the officer may notify the Commission or a Deputy Commissioner of this fact and of the death.

Power of Deputy Commissioner to require information.

51.—(1.) A person shall, if so required by a Deputy Commissioner or a Registrar by notice in writing, furnish to the officer specified in the notice, within the time specified in the notice—

(a)a confidential report of the facts within his knowledge relating to any matter specified in the notice; and

(b) written answers to any questions specified in the notice,

concerning any claimant or pensioner or any civil defence volunteer in respect of whom compensation or other benefit under these Regulations has been claimed or granted.

(2.) No action or proceeding, civil or criminal, except an action or proceeding pursuant to these Regulations, shall lie against any person in respect of any report or answer furnished by him in pursuance of this regulation.

Signature to forms.

52.—(1.) Every form in connexion with a claim for, or a review of, compensation or other benefit under these Regulations, which is required 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 a witness.

(2.) A person shall not make the signature of any other person on any form.

(4.) Nothing in this regulation shall 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.

53. A person shall not sign his name on any form in connexion with a claim for, or review of, compensation or other benefit under these Regulations as a signature to that form unless the form has been filled in so as to be ready for use without further addition.

Part VI.—Miscellaneous.

Payments to be made from moneys appropriated.

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

Pensions, &c., to be inalienable.

55.—(1.) Any compensation or other benefit payable under these Regulations shall be absolutely inalienable whether by way of or in consequence of sale, assignment, charge, execution, insolvency or otherwise howsoever.

(2.) A person shall not advance money or goods, or offer or promise to advance money or goods, to any person in receipt of any pension or other benefit or having a claim to receive any compensation or other benefit, or to any person on his behalf, on the security (whether sole or collateral) of his compensation or other benefit or of any instalment thereof, and shall not purport to accept any transfer or assignment of, or to create any charge on, any compensation or other benefit or any instalment thereof.

(3.) A person shall not obtain an advance of money or goods upon the security of, or purport to transfer or assign, or create any charge on, his compensation or other benefit, or any instalment thereof.

Persons entitled to payments under other laws.

56. Notwithstanding anything contained in these Regulations, if a civil defence volunteer, or a dependant, de facto wife, separated wife or separated widow of a volunteer, has received, or is entitled to receive, any other payment from the public funds of the Commonwealth or of a State or of a Territory of the Commonwealth in respect of the incapacity or death of a civil defence volunteer—

(i) if that other payment exceeds the amount otherwise payable under these Regulations to the civil, defence volunteer or the dependant, de facto wife, separated wife or separated widow—no amount under these Regulations shall be payable;

(ii) if that other payment does not exceed the amount otherwise payable under these Regulations—the amount otherwise payable under these Regulations shall be reduced by the amount of that other payment,

unless the Commission otherwise directs.

Limitation of liability of Commonwealth.

57. No action (other than an action arising out of these Regulations) shall be maintainable by any person against the Commonwealth in respect of any training injury suffered by that person or by any other person.

Offences.

58.—(1.) A person shall not—

(a)make, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any claim for compensation or other benefit under these Regulations, either for himself or for any other person;

(b)obtain any compensation or other benefit or any instalment thereof which is not payable;

(c) obtain payment of any compensation or other benefit or any instalment thereof by means of any false or misleading statement; or

(d)make or present to the Commission or to any officer doing duty in relation to these Regulations, any statement or document which is false or misleading in any particular.

(2.) Any person convicted of an offence arising out of a contravention of this regulation may, in addition to the penalty imposed for the offence, be ordered by the Court by which he is convicted to repay to the Commonwealth any amount received by him in consequence of the act in respect of which he was convicted.

(3.) In any proceedings for any such offence 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.

7598.—2

 

FIRST SCHEDULE.

Allowance for Attendant.

Column 1.	Column 2.
Description of Disability.	Fortnightly Allowance for Attendant.
s.
Blind or with eyesight so defective as to have no useful sight...............................................	40
An injury affecting the cerebro-spinal system or causing incapacity similar in effect and severity	40
Loss of two arms.....................................................................................................................	80
Loss of two legs and one arm..................................................................................................	40
Loss of one leg at the hip and of the other either at the hip or in the upper third...................	40

SECOND SCHEDULE.

Pensions for Specified Major Injuries.

Column 1.	Column 2.
Description of Disability.	Rate of Pension Payable, being Percentage of Maximum Rate of Pension.
Per centum.
Loss of two or more limbs.......................................................................................................	100
Loss of both eyes.....................................................................................................................	100
Loss of one eye, together with loss of leg, foot, hand or arm.................................................	100
Loss of both feet......................................................................................................................	100
Loss of both hands..................................................................................................................	100
Loss of hand and foot..............................................................................................................	100
Loss of all fingers and thumbs................................................................................................	100
Lunacy.....................................................................................................................................	100
Wounds, injuries or disease, involving total permanent disabling effects..............................	100
Very severe facial disfigurement.............................................................................................	100
Loss of leg at hip, or of right arm at shoulder joint (if right handed), or of left arm at shoulder joint (if left handed)..............................................................................................................................	100 for first six months—80 thereafter
Severe facial disfigurement.....................................................................................................	80
Total loss of speech.................................................................................................................	80
Loss of leg or foot...................................................................................................................	100 for first six months—75 thereafter
Loss of arm or hand.................................................................................................................	100 for first six months—75 thereafter
Total deafness..........................................................................................................................	70
Loss of one eye........................................................................................................................	50

THIRD SCHEDULE.

Rates of Pension in Respect of Partial Incapacity.

Column 1.	Column 2.
Degree of Incapacity.	Percentage of Maximum Rate of Pension.
Not less than 90 per centum....................................................................................................	90
Less than 90 per centum but not less than 80 per centum.......................................................	80
Less than 80 per centum but not less than 70 per centum.......................................................	70
Less than 70 per centum but not less than 60 per centum.......................................................	60
Less than 60 per centum but not less than 50 per centum.......................................................	50
Less than 50 per centum but not less than 40 per centum.......................................................	40
Less than 40 per centum but not less than 30 per centum.......................................................	30
Less than 30 per centum but not less than 20 per centum.......................................................	20
Less than 20 per centum but not less than 10 per centum.......................................................	10

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