National Security (War Injuries Compensation) Regulations (Cth)

STATUTORY RULES.

1946. No. 170.

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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.

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NATIONAL SECURITY (WAR INJURIES COMPENSATION) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the National Security (War Injuries Compensation) Regulations.

Administration.

2.These Regulations shall be administered by the Minister of State for Social Services.

Repeal and saving.

3.—(1.) The National Security (War Injuries Compensation) Regulations (being Statutory Rules 1942, No. 9, as amended by Statutory Rules 1942, No. 326, by Statutory Rules 1943, No. 88, and by Statutory Rules 1944, No. 113) are repealed.

(2.) Any compensation or pension granted, or purporting to have been granted, under the repealed Regulations, and in force at the date of commencement of these Regulations, shall, subject to these Regulations, continue as if granted under these Regulations.

Parts.

4.These Regulations are divided into Parts as follows:—

Part I.—Preliminary.

Part II.—Administration.

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

Part IV.—Medical Benefits and Funeral Allowances.

Part V.—Claims for, and Payment of, Compensation and Pensions.

Part VI.—Miscellaneous.

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

6981.—Price 1s.

 

Definitions.

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

“adopted son” and “adopted daughter” include any child maintained by an eligible person as a member of his family at the relevant date;

“approved form” means a form approved by the Director-General;

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

(a) a son or daughter born to the eligible person of a marriage which took place before the relevant date;

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

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

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

“claimant” means a person who has made a claim, whether on his own behalf or on behalf of an eligible person or of a dependant, separated wife or separated widow of an eligible person;

“compensation” means compensation under these Regulations or compensation purporting to have been paid under the repealed Regulations;

“dependant” means any member of an eligible person’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 eligible person is the grandparent of an ex-nuptial child who was so dependent—that child; and

(b)where the eligible person 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 Pensions holding office under the Invalid and Old-age Pensions Act 1908-1946;

“eligible person” means—

(a)a gainfully occupied person who has sustained a war injury; or

(b)a person who has attained the age of sixteen years and who—

(i) before attaining that age, has sustained a war injury; or

(ii) after attaining that age and before attaining the age of twenty-four years, has sustained a war injury at a time when he was a person receiving full time instruction at

 

a university, college, school or other educational establishment, or at a time when he was a person who, for no remuneration or for nominal remuneration, was undergoing training for any trade, business, profession, office, employment or vocation,

but does not include any person who is an Asiatic (unless he is a British subject) or who is an aboriginal native of Australia, Africa, the Islands of the Pacific or New Zealand;

“family unit” means—

(a) in the case of the death of an eligible person—such of the dependants of the eligible person, including a separated widow, as are living together; or

(b) in the case of the incapacity of an eligible person—the eligible person and such of his dependants as are living with him;

“gainfully occupied person” means a person who is engaged in any trade, business, profession, office, employment or vocation and is dependent thereon for a livelihood, or a person who, though temporarily unemployed, is normally so engaged and dependent;

“husband” does not include a man whose marriage to an eligible person has taken place after the relevant date;

“income” means “income” as defined in section 4 of the Invalid and Old-age Pensions Act 1908-1946 and does not include endowment payable pursuant to the Child Endowment Act 1941-1945 or compensation payable under these Regulations;

“member of an eligible person’s family” means the wife, husband, child, parent, brother, sister, grandparent, grand-child, step-parent, step-brother, step-sister, half-brother, or half-sister of the eligible person, or a person over the age of sixteen years specified in paragraph (a), (b) or (c) of the definition of “child”;

“pension” means a pension under these Regulations or pension paid or purporting to have been paid under the repealed Regulations;

“pensioner” means a person in receipt of compensation or pension under these Regulations;

“Registrar” means a Registrar of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1946;

“Schedule” means a Schedule to these Regulations;

“separated wife” means the wife of an eligible person 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 eligible person or in circumstances which, in the opinion of the Director-General, are analogous thereto, and “separated widow” means the widow of an eligible person who was so living apart from him immediately prior to his death;

 

“Special Magistrate” means a Special Magistrate holding office under the Invalid and Old-age Pensions Act 1908-1946;

“the Director-General” means the Director-General of Social services;

“the enemy” means the forces, or any part thereof, of a State at war with His Majesty during the state of war which commenced on the third day of September, 1939;

“the relevant date”, in relation to an eligible person, means the date on which the eligible person sustained the war injury to which his death or incapacity is directly attributable;

“the repealed Regulations” means the Regulations repealed by regulation 3 of these Regulations;

“war injury” means a personal injury—

(a) caused by—

(i) the discharge of any missile, liquid or gas;

(ii) the use of any weapon, explosive or other noxious thing; or

(iii) the doing of any other injurious act,

either by the enemy or in combating the enemy, or in relation, to any expected or suspected attack by the enemy, or any expected attack upon the enemy; or

(b)caused by the action of any enemy aircraft, or any aircraft in the service of His Majesty or of any Ally of His Majesty during the state of war which commenced on the third day of September, 1939, or by the impact of, or of any part of, or of anything dropped from, any such aircraft,

and which was not due to the serious and wilful misconduct of the eligible person; and

“wife” and “widow” do not include a woman whose marriage to the eligible person has taken place after the relevant date, or, except as otherwise expressly provided in these Regulations, a separated wife or separated widow.

Application to Territories.

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

(2.) For the purposes of these Regulations, the Australian Capital Territory (including the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915) 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 Director-General.

7.—(1.) The Director-General 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 his hand delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised

or performed 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 performance of any function by the Director-General is dependent upon the opinion, belief or state of mind of the Director-General in relation to any matter, that power or function may be exercised or performed 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 or performance of any power or function under these Regulations by the Director-General.

Duties of the Director-General.

8.It shall be the duty of the Director-General—

(a) to determine, in case of the death or incapacity of an eligible person in respect of which a claim for compensation or pension is made—

(i) whether the death or incapacity is directly attributable to a war injury sustained by the eligible person;

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

(iii) in the case of the incapacity of the eligible person, the nature and degree of the incapacity, and whether the incapacity is permanent;

(b) to determine the extent (if any) to which persons alleged to be or have been dependent upon an eligible person are or have been so dependent;

(c) to assess, from time to time, the rates of compensation and pensions to be paid under these Regulations, and to determine the dates of commencement and cessation of compensation and pensions;

(d)to determine, in such cases as the Director-General thinks fit—

(i) that compensation or pension be forfeited or suspended and the date of the forfeiture or suspension; or

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

(e) to determine to whom payment of compensation or pension or other benefits authorized by these Regulations shall be made;

(f) 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 Director-General, any person authorized in, writing by the Director-General, a Deputy Commissioner, a Special Magistrate or a Registrar may, for the purpose of any inquiry which the Director-General, authorized person, Deputy Commissioner, Special Magistrate or Registrar (as the case may be) has power to make, summon any

 

person to appear before him, 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 Director-General, an authorized person, a Deputy Commissioner, 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 and Pensions in Respect of Death or Incapacity.

Grant of compensation or pension.

10.Where any eligible person dies or becomes incapacitated, and the death or incapacity is directly attributable to his having sustained in Australia a war injury, the Commonwealth shall, subject to these Regulations, pay to his dependants, or to him, or to both, compensation or pensions, in accordance with these Regulations.

Degree of incapacity.

11.—(1.) For the purposes of regulation 13 of these Regulations the degree of incapacity of an eligible person who has sustained a disability specified in Column 1 of the First Schedule shall be such percentage as is specified in Column 2 of that Schedule opposite the description of that disability.

(2.) Where an eligible person has sustained a disability not specified in Column 1 of the First Schedule, his degree of incapacity shall, for the purposes of regulation 13 of these Regulations, be assessed by reference to the degree which the eligible person’s incapacitated condition due to the war injury 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 eligible person in his incapacitated condition in his own or in any other specific profession, trade or calling; or,

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

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

Rates of compensation or pension on death.

12.—(1.) Subject to these Regulations, where the death of an eligible person is directly attributable to his having sustained a war injury, there shall be payable—

(a) in respect of the widow or widower of the eligible person—compensation at the rate of One pound fourteen shillings per fortnight together with such rate of pension, not exceeding Two pounds ten shillings per fortnight, as is assessed by the Director-General;

 

(b)in respect of each child of the eligible person—

(i) where the eligible person leaves a widow, or widower, or separated widow who is entitled to a pension and who has the custody of the child or children—such rate of pension, not exceeding Fifteen shillings per fortnight, as is assessed by the Director-General; and

(ii) in any other case—such rate of pension, not exceeding Twenty-five shillings per fortnight, as is assessed by the Director-General; and

(c) in respect of the dependants of the eligible person other than children, where no pension is payable to his widow or separated widow—such rates of pensions as are assessed by the Director-General, but so that the aggregate of the pensions payable to such dependants shall not exceed Two pounds ten shillings per fortnight.

(2.) Notwithstanding anything contained in this regulation, the rate of pension payable in respect of any dependant under the age of sixteen years (other than a child of the eligible person) shall not exceed Fifteen shillings per fortnight.

(3.) For the purposes of the grant of compensation under this regulation, the expression “eligible person” shall be deemed to include a person not gainfully occupied who would be an eligible person if he were gainfully occupied.

Compensation and pension payable in cases of incapacity.

13.—(1.) Subject to these Regulations, where an eligible person is totally or partially incapacitated and the incapacity is directly attributable to his having sustained a war injury, there shall be payable—

(a) in the case of total incapacity—

(i) in respect of the eligible person—compensation at the rate of One pound fourteen shillings per fortnight, together with such rate of pension, not exceeding Two pounds ten shillings per fortnight, as is assessed by the Director-General;

(ii) in respect of the wife or husband of the eligible person—such rate of pension, not exceeding One pound sixteen shillings per fortnight, as is assessed by the Director-General;

(iii) in respect of each child of the eligible person—such rate of pension, not exceeding Fifteen shillings per fortnight, as is assessed by the Director-General; and

(iv) in respect of the dependants of the eligible person other than children, where no pension is payable to his wife or separated wife—such rates of pensions as are assessed by the Director-General, but so that the aggregate of the pensions payable to such dependants shall not exceed Two pounds eleven shillings per fortnight; and

 

(b)in the case of partial incapacity, such percentage of the amount of compensation and pensions which would be payable if the eligible person were totally incapacitated as is specified in Column 2 of the Second Schedule opposite to the degree of incapacity specified in Column 1 of that Schedule which is equivalent to the degree of incapacity of the eligible person:

Provided that the rates of pensions payable in respect of dependants other than children, where no pension is payable in respect of the wife or separated wife of the eligible person, shall be such rates as are assessed by the Director-General, but so that the aggregate of the pensions payable in respect of such dependants shall not exceed the percentage referred to in this paragraph of Two pounds eleven shillings per fortnight.

(2.) Notwithstanding anything contained in this regulation, the rate of pension payable in respect of any dependant under the age of sixteen years (other than a child of the eligible person) shall not exceed Fifteen shillings per fortnight.

(3.) Pension shall not be payable under these Regulations in respect of the partial incapacity of an eligible person where the degree of incapacity is less than 10 per centum.

(4.) For the purposes of the grant of compensation under this regulation, the expression “eligible person” shall be deemed to include a person not gainfully occupied who would be an eligible person if he were gainfully occupied.

Pension to separated wife or widow.

14.—(1.) The Director-General may, in his discretion, in the case of the death or incapacity of an eligible person to which regulation 10 of these Regulations applies, grant a pension to his separated wife or separated widow if she satisfies the Director-General that the eligible person, 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 eligible person directly attributable to a war injury.

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

(a) where the separated wife or separated widow is eligible for pension by reason of her having satisfied the Director-General that the eligible person is or was contributing or liable to contribute to her support—the amount which the eligible person 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.

 

Restriction on double pensions.

15.Notwithstanding anything contained in these Regulations, a person shall not in any case be entitled to compensation or pension at a rate exceeding the maximum rate to which he is entitled by reason of his being any one of the following, namely:—

(a) an eligible person; or

(b)the widow, widower, dependant, separated wife or separated widow of any one eligible person.

Limit of pension and income of eligible person, &c.

16. Where—

(a) the only person entitled to pension is an eligible person, a widow or widower, a separated widow, or a dependant other than the wife, husband or child of an eligible person; or

(b)the pensions of an eligible person and his separated wife are to be assessed separately,

pension shall not be granted to the pensioner at such a rate as will make the income of the pensioner, together with pension, exceed One hundred and seventeen pounds per annum.

Limit of pension and income of family units.

17.—(1.) Where a family unit is constituted of—

(a) an eligible person and a dependant, or dependants, other than a child; or

(b) such persons and a child or children,

pensions shall not be granted at such rates as will make the income of the family unit, together with pensions, exceed per annum the sum of the total amount of pensions which could be paid per annum to or in respect of the members of the family unit in the case of total incapacity of the eligible person, if they had no other income, and One hundred and four pounds per annum.

(2.) Where a family unit is constituted of—

(a) an eligible person and a child or children;

(b)a widow, or widower, and a child or children;

(c) a separated wife, separated widow, or a dependant, and a child or children; or

(d) a child or children only,

pensions shall not be granted at such rates as will make the income of the family unit, together with pensions, exceed per annum—

(i) in the case of incapacity—the sum of the total amount of pensions which could be paid per annum to or in respect of the members of the family unit in the case of total incapacity of the eligible person if they had no other income, and Fifty-two pounds per annum; and

(ii) in the case of death—the sum of the total amount of pensions which could be paid per annum to or in respect of the members of the family unit in respect of the death of the eligible person if they had no other income, and Fifty-two pounds per annum.

 

Assessment of income of married person and spouse in certain cases.

18.—(1.) For the purposes of regulations 16 and 17 of these Regulations, where, in relation to regulation 16, the only person entitled to pension is married, or where, in relation to regulation 17, the spouse, if any, of the eligible person or other dependant is not a member of the family unit, the income of the eligible person or other dependant, apart from pension, shall be deemed to be half the total income of the eligible person, or other dependant, as the case may be, and of his spouse:

Provided that the foregoing provisions of this regulation shall not apply in any case where the Director-General is of opinion that, for any special reason, they should not apply and gives a direction in writing accordingly.

(2.) Notwithstanding anything contained in these Regulations, in the computation of income for the purposes of the assessment of the rate of pension payable under these Regulations to a married person, any pension payable under the Invalid and Old-age Pensions Act 1908-1946, or under the provisions of the Australian Soldiers’ Repatriation Act 1920-1946 relating to service pensions, to the spouse of that person shall not be included as income.

(3.) Notwithstanding anything contained in the Invalid and Old-age Pensions Act 1908-1946, or in the provisions of the Australian Soldiers’ Repatriation Act 1920-1946 relating to service pensions, in the computation of income for the purposes of the assessment of the rate of pension payable under that law or those provisions to the spouse of an eligible person, compensation or pension payable to the eligible person under these Regulations shall not be included as income.

Reduction of pension where pensioner has accumulated property.

19.—(1.) Where a pensioner or an applicant for a pension (not being a child) has accumulated property exceeding Fifty pounds in value, the amount of the pension which would, but for this sub-regulation, be payable to that person shall be reduced by ninepence per fortnight for every complete Ten pounds by which the net capital value of the accumulated property exceeds Fifty pounds but does not exceed Four hundred pounds, and by ninepence per fortnight for every complete Eight pounds by which the net capital value of the accumulated property exceeds Four hundred pounds.

(2.) Where the members of a family unit (not being children) specified in sub-regulation (1.) of regulation 17 of these Regulations have accumulated property exceeding One hundred pounds in value, the total amount of the pensions which would, but for this sub-regulation, be payable to the members of that family unit shall be reduced by ninepence per fortnight for every complete Ten pounds by which half the net capital value of the accumulated property exceeds Fifty pounds but does not exceed Four hundred pounds, and by ninepence per fortnight for every complete Eight pounds by which half the net capital value of the accumulated property exceeds Four hundred pounds.

(3.) This Regulation shall not apply for the first twenty-six weeks after the date on which the eligible person sustained the war injury.

Net capital value of accumulated property.

20. For the purposes of these Regulations, the net capital value of accumulated property shall be assessed in the same manner as that in which it would be assessed in pursuance of section 25 of the Invalid and Old-age Pensions Act 1908-1946.

 

Limits of property.

21.—(1.) Pension shall not be payable—

(a) to any person (not being a child) who is specified in regulation 16 or sub-regulation (2.) of regulation 17 of these Regulations and the net capital value of whose accumulated property exceeds Six hundred and fifty pounds; or

(b)to any member of a family unit specified in sub-regulation (1.) of regulation 17 of these Regulations where the net capital value of the accumulated property of the family unit (not including the property of any child) exceeds Thirteen hundred pounds.

(2.) This regulation shall not apply for the first twenty-six weeks after the date on which the eligible person sustained the war injury.

Disposal of property or income.

22.If, in the opinion of the Director-General, a person has directly or indirectly deprived himself of property or income in order to qualify for or obtain a pension or in order to obtain a pension at a higher rate than that for which he would have been otherwise eligible, the value of the property or the amount of the income of which that person has deprived himself shall be deemed to be the property or the income of that person.

Acquisition of property or income to fee notified by pensioner.

23.—(1.) Whenever any pensioner acquires property, or earns, derives or receives income the receipt of which affects the amount of pension payable to him under these Regulations, he shall, within thirty days after the acquisition or receipt thereof, forward notice in writing of the fact to the Director-General or to the Deputy Commissioner for the State in which he resides.

(2.) Any pensioner who sells or vacates a home owned by him and in which he has been residing shall forthwith give notice in writing of the fact to the Director-General or to the Deputy Commissioner for the State in which he resides.

(3.) Whenever any pensioner marries or re-marries he shall forthwith give notice in writing of the fact to the Director-General or to the Deputy Commissioner for the State in which he resides.

(4.) Any person convicted of an offence arising out of a contravention of this regulation may, in addition to any punishment, be ordered by the court by which he was convicted to refund any amount of pension received by him in excess of the amount to which he would have been entitled had notice been given in accordance with this regulation, and shall be ineligible to receive a pension during such period, not exceeding two years, as the Director-General determines.

(5.) The Director-General may sue for and recover in any court of competent jurisdiction any amount which any person is liable to refund under the last preceding sub-regulation.

 

Pensioner to furnish information when required.

24.—(1.) Whenever required by the Director-General or a Deputy Commissioner, a pensioner shall forward to the Director-General or to the Deputy Commissioner, as the case may be, a statement in accordance with the approved form relating to his income and accumulated property.

(2.) Where a pensioner fails to comply with any requirement made under the last preceding sub-regulation, the Director-General or the Deputy Commissioner may cancel the pension.

Cancellation or variation of compensation or pension.

25. If upon investigation the Director-General or a Deputy Commissioner is satisfied that any compensation or pension should be cancelled or that the rate of compensation or pension is greater or less than it should be, the Director-General or the Deputy Commissioner may cancel the compensation or pension or reduce or increase the rate of compensation or pension accordingly:

Provided that the Director-General or a Deputy Commissioner shall not vary the rate of any compensation or pension where the amount of the variation which, but for this proviso, would be made is less than One shilling per fortnight.

Payment of compensation and pensions.

26. In such cases as the Director-General thinks proper, the compensation or pensions payable to—

(a) an eligible person and to any dependant of that person; or

(b)the widow and any child, or widower and any child, of an eligible person,

may be paid in one sum for the benefit of the pensioners to such person and for such period as the Director-General, from time to time, determines and that person shall apply the sum so paid in such manner as the Director-General determines.

Termination of child’s pension.

27.A pension payable to a dependant, being a child, shall cease upon his attaining the age of sixteen years.

Compensation or pensions to female dependants to cease on marriage or re-marriage.

28. Any compensation or pension payable to the widow, separated widow, or any single or widowed female dependant of an eligible person shall not be continued after her marriage or re-marriage.

Notification of marriage or divorce.

29.—(1.) The widow, separated wife, separated widow or any single or widowed female dependant of an eligible person to whom compensation or pension is payable who marries or obtains a decree nisi in divorce, or against whom a decree nisi is obtained, shall forthwith give written notice of that fact to the Director-General or to the Deputy Commissioner for the State in which 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 she is convicted to repay to the Commonwealth any moneys received in consequence of the failure to comply with the provisions of this regulation.

Pension after death of incapacitated eligible person.

30.Where an eligible person has suffered a war 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,

 

widow or separated widow of the eligible person 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, widow or separated widow immediately prior to the death of the eligible person.

Rejection of claims and termination of pensions of dependants.

31. The Director-General may reject any claim for a pension by, or terminate any pension granted to, a dependant, separated wife or separated widow of an eligible person if he is satisfied that the grant or continuance of the grant of the pension would be undesirable.

Forfeiture of compensation or pension during imprisonment.

32.—(1.) If any person in respect of whom compensation or pension is payable or is being paid in pursuance of these Regulations is convicted of an offence and sentenced to any term of imprisonment, the Director-General 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, forfeit the compensation or pension.

(2.) The Director-General may, if he thinks fit, in lieu of forfeiting the compensation or pension under the last preceding sub-regulation, order that, in respect of the term of imprisonment or any portion thereof, the whole or any part of the compensation or pension shall be paid to such person as the Director-General determines, and the compensation or pension shall thereupon be payable accordingly, in respect of that term or portion.

Periodical medical examination.

33.—(1.) The Director-General may require any eligible person who claims or is in receipt of compensation or pension under these Regulations to submit himself for medical examination by a duly qualified medical officer or practitioner nominated by the Director-General.

(2.) Where any person refuses or fails to submit to medical examination as and when required in accordance with this regulation, or in any way obstructs the examination, the Director-General may suspend payment of any compensation or pension payable in respect of him until the examination has taken place without any obstruction.

Conditions of grant to be fulfilled.

34.Where under these Regulations compensation or 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 Director-General otherwise determines, cease to have effect if and when that condition or requirement ceases to be fulfilled or complied with.

Director-General may review compensation or pensions, &c.

35.—(1.) If it appears to the Director-General 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 Director-General may at any time review any grant or assessment of

 

compensation or pension, or any determination in relation to compensation or 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.

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

(3.) On the cancellation under the last preceding sub-regulation of compensation or pension payable in respect of an eligible person, any compensation or pension payable to his dependants or separated wife shall not be continued for more than twelve months from the date fixed for the review:

Provided that, if the Director-General is satisfied that the incapacity of the eligible person in respect of which compensation or pension has been granted is of a permanent nature, he may continue any compensation or pension, or any part thereof, to a dependant or separated wife for such period as he thinks proper.

Compensation or pension payable only to bona fide resident of Australia.

36. Subject to these Regulations, compensation or pension shall be payable only to a bona fide resident of Australia.

Part IV.—Medical Benefits and Funeral Allowances.

Medical benefits.

37. Where any person has sustained a war injury, the Commonwealth shall be liable to pay in respect of that injury such medical, surgical, hospital, ambulance and transport expenses and the cost of such artificial aids as the Director-General considers reasonable:

Provided that, except where in special circumstances the Director-General otherwise directs, the total cost of such expenses so paid shall not exceed One hundred pounds.

Funeral expenses.

38. Where the death of any person is directly attributable to a war injury, the Director-General may authorize the payment of a sum not exceeding Fifteen pounds towards the cost of funeral expenses.

Part V.—Claims for, and Payment of, Compensation and Pensions.

Claims for compensation and pensions.

39.—(1.) A claim for compensation or pension under these Regulations shall be in accordance with an approved form, and shall, within three months after the date of the war injury or death, or within three months after the incapacity due to the war injury becoming manifest (whichever is the later date) be forwarded to the Director-General or to the Deputy Commissioner for the State in which the claimant resides.

(2.) Unless the Director-General by reason of special circumstances otherwise directs, compensation or pension 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 Director-General in exceptional circumstances otherwise directs, compensation or pension in respect of the death or incapacity of an eligible person shall not be paid in respect of any

 

period prior to the date of the commencement of the period of three months immediately preceding the date on which the claim for compensation or pension is made.

Payment of compensation and pensions.

40. Compensation and pensions payable under these Regulations shall be payable to such person and in such manner as the Director-General determines.

Declarations by female dependants.

41. Where compensation or pension is payable to the widow, separated widow, or any single or widowed female dependant of an eligible person, the Director-General may require her to furnish, at such intervals as he determines, not exceeding twelve months, a declaration that she has not married or re-married.

Unpaid instalment of compensation or pension due to deceased pensioner.

42.Any unpaid instalment of compensation or pension due at the date of the death of a person in respect of whom compensation or pension is payable under these Regulations, if applied for within six months after the death, may be paid to such person as, in the opinion of the Director-General 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 Director-General or the Deputy Commissioner is satisfied that application will not be made for probate of will or letters of administration.

Power of Director-General, Deputy Commissioner or Registrar to require information.

43.—(1.) A person shall, if so required by the Director-General, 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 eligible person in respect of whom compensation, pension or other benefit under these Regulations or the repealed 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.

Part VI.—Miscellaneous.

Payments to be made from moneys appropriated.

44. Compensation, pensions 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.

Compensation or pension not payable where certain other pensions or compensation payable.

45. Compensation or pension shall not be granted or payable in respect of the death or incapacity of any person if a pension is payable, in respect of that death or incapacity, under the Invalid and Old-age Pensions Act 1908-1946, the Australian Soldiers’ Repatriation Act 1920-1946 or the Seamen’s War Pensions and Allowances Act 1940, or compensation is so payable under the Naval Defence Act 1910-1934, the Defence Act 1903-1941, the Air Force Act 1923-1941, or the National Security (Civil Defence Workers’ Compensation) Regulations, or if a pension is payable to the widow of the eligible person under the Widows’ Pensions Act 1942-1946.

Enemy aliens.

46. Compensation or pension shall not be paid to any eligible person who was, at the time when he sustained the war injury, an enemy alien, or to any dependant, separated wife or separated widow of any such eligible person in respect of the death or incapacity of that eligible person.

Payments in excess may be recovered.

47.Where it is found that any compensation or pension or instalment of compensation or pension which was not payable has been paid, the amount so paid may be recovered at any time from the person to whom it was paid or his legal representative as a debt due to the Crown.

Compensation and pension to be inalienable.

48.—(1.) Any compensation or pension 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 compensation or pension or having a claim to receive any compensation or pension, or to any person on his behalf, on the security (whether sole or collateral) of his compensation or pension 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 pension 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 pension, or any instalment thereof.

Limitation of liability of Commonwealth.

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

Offences.

50.—(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 pension under these Regulations, either for himself or for any other person;

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

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

(d)make or present to the Director-General 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 in respect of a contravention of paragraph (a), (c) or (d)of sub-regulation (1.) of this regulation, it shall be a defence to prove that the defendant believed, on reasonable grounds, that the statement or document, as the case may be, was not false or misleading.

(4) In any proceedings in respect of a contravention of paragraph (b) of sub-regulation (1.) of this regulation, it shall be a defence to prove that the defendant believed, on reasonable grounds, that the compensation, pension or instalment was payable.

Indemnity to certain persons.

51. Nothing contained in any law of a State or Territory of the Commonwealth shall prohibit any person from furnishing any information, or making any books, documents or papers available, to the Director-General or a Deputy Commissioner or to any officer doing duty in relation to these Regulations, for the purposes of these Regulations.

 

THE SCHEDULES.

____

FIRST SCHEDULE.

Reg. 11.

Degree of Incapacity for Specified Major Injuries.

Column 1.	Column 2.
Description of Disability.	Degree of Incapacity.
Per centum.
Loss of two or more limbs................................................................	100
Total loss of vision..........................................................................	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 or injuries, 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

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

6981.—2

 

SECOND SCHEDULE.

Reg. 13.

Rates of Compensation and Pension in Respect of Partial Incapacity.

Column 1.	Column 2.
Degree of Incapacity.	Percentage of Maximum Rate of Compensation and 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.