Native Members of the Forces (Torres Strait Islands) Benefits Regulations (Cth)

STATUTORY RULES.

1961. No. 72.

 

REGULATIONS UNDER THE NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Native Members of the Forces Benefits Act 1957.

Dated this 19th day of May, 1961.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

Minister of State for Repatriation.

 

NATIVE MEMBERS OF THE FORCES (TORRES STRAIT ISLANDS) BENEFITS REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Native Members of the Forces (Torres Strait Islands) Benefits Regulations.

Parts.

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

Part  I.—Preliminary (Regulations 1-4).

Part  II.—Pensions.

Division 1.—Claims for Pensions (Regulations 5-8).

Division 2.—Rates of Pensions (Regulations 9-11).

Division 3.—Determination of Pensions (Regulations 12-13).

Part  III.—Assistance and Benefits (Regulations 14-19).

Part  IV.—Miscellaneous (Regulations 20-24).

Definitions.

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

“blind member” means a member who is blind as a result of war service, or whose eyesight is, in the opinion of the Commission, so defective, due to war service, that he has no useful sight;

“child” means a child under the age of sixteen years of a member being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child but does not include an ex-nuptial child born more than nine months after his war service unless he has adopted the child or unless he has married the mother of the child;

* Notified in the Commonwealth Gazette on 25th May, 1961.

2346/61.—Price 5d. 10/24.3.1961.

“deceased member” means a member whose death was due to war service;

“dependant”, in relation to a member, means—

(a)the wife or widow of the member;

(b)a child of the member; and

(c) a person whom the Commission determines to be a person who is or was dependent on the member;

“member” means a native member of the Forces who was or is an aboriginal native of an island in Torres Strait;

“pensioner” means a person to whom a pension or allowance is payable under the Act or these Regulations;

“the Act” means the Native Members of the Forces Benefits Act 1957;

“the Deputy Commissioner” means the Deputy Commissioner of Repatriation, Queensland;

“the Commission” means the Repatriation Commission;

“totally and permanently incapacitated”, in relation to a member, means that he has been accepted, in pursuance of the Act and these Regulations, as incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage.

Prescribed authority.

4. The Repatriation Commission is a prescribed authority for the purposes of the Act in its application to members and their dependants.

Part II.—Pensions.

Division 1.—Claims for Pensions.

Who may claim pension.

5. A claim for a pension may be made—

(a)by a member, in respect of his own incapacity;

(b)by a dependant of a member, in respect of the incapacity or death of the member; or

(c) by a person authorized by the member or the dependant in that behalf.

Application for pension.

6.—(1.) A person who claims a pension shall lodge with the Commission a claim in the form approved by the Commission.

(2.) An application for a pension made in writing otherwise than in accordance with the form approved by the Commission may, if the Commission so determines, be accepted as a claim for the purposes of these Regulations if the claimant subsequently lodges a claim in accordance with the approved form.

Investigation of claims.

7.—(1.) Upon receipt of a claim for a pension, the Commission shall investigate the claim and shall ascertain from the claimant, the dependant or any other person, such information as may be necessary to enable it to determine, and shall thereupon determine—

(a)whether the incapacity or death of a member, in respect of which the pension is claimed—

(i) has resulted from any occurrence that happened during the period of his service in the Defence Forces during the war; or

(ii) has arisen out of or is attributable to that service;

(b)whether a person who has claimed to be a dependant is a dependant, and the nature and extent of his dependancy; and

(c) subject to these Regulations, the rate of pension payable to the claimant.

(2.) When a determination has been made under the last preceding sub-regulation, the Commission shall thereupon inform the claimant that his claim for pension—

(a)has been allowed;

(b)has been rejected; or

(c) has been allowed subject to a condition or conditions, as the case may be.

Acceptance of claim subject to condition.

8. Where a claim has been allowed subject to a condition or conditions, the Commission shall inform the claimant of the nature of that condition or those conditions.

Division 2.—Rates of Pensions.

Rates of pension.

9. The rates of pension are as follows:—

(a)in respect of the death of a member—the rates ascertained in accordance with Table A in the First Schedule to these Regulations;

(b)in respect of the total incapacity of a member—the rates ascertained in accordance with Table B in the First Schedule to these Regulations;

(c)in respect of the partial incapacity of a member—such percentage of the rates specified in Table B in the First Schedule to these Regulations as is determined by the Minister, having regard to the nature and probable duration of the incapacity of the member, or in accordance with the Third Schedule to these Regulations, as the case may be; and

(d)in respect of the total and permanent incapacity of a member— the Special Pension rate specified in the Second Schedule to these Regulations.

Date from which pension is payable.

10. The Commission may approve of payment of a pension from a date not more than three months before the date of lodgment of the claim for pension.

Payment by instalments.

11. Pensions are payable in such instalments as the Commission determines, and may be paid in advance.

Division 3.—Determination of Pensions.

Cessation of pension payable to dependants of member.

12.—(1.) A pension payable to a person (other than the wife or widow of a member) who is a dependant of a member and who, at the date of commencement of payment of the pension, is under the age of sixteen years shall cease upon that person attaining the age of sixteen years.

(2.) A pension payable to a person who is a dependant of a member, not being a person who was a dependant of a deceased member, and who, at the date of commencement of payment of the pension is of the age of sixteen years or over, shall cease when that person, in the opinion of the Commission, ceases to be a dependant.

(3.) A pension payable to a person who was a dependant of a deceased member shall cease when the Commission is satisfied that that person would, if the deceased member were still alive, have ceased to be a dependant.

Cessation of pension payable to widow.

13. A pension payable to a widow of a member shall cease upon her re-marriage.

Part III.—Assistance and Benefits.

Interpretation.

14. For the purposes of this Part—

“attendant” means a person who has been authorized by the Deputy Commissioner to accompany a member who is travelling for the purpose of obtaining medical treatment;

“decoration” includes a medal and a bar to any decoration or medal; and

“medical treatment” means medicinal, surgical and all other forms of treatment with a view to restoring a person to physical or mental health or alleviating suffering, and includes the supply, renewal and repair of artificial replacements, surgical aids and appliances.

Medical treatment.

15. The Deputy Commissioner may provide medical treatment for a member in respect of an incapacity due to war service.

Travelling expenses.

16. Where it is necessary for a member, who is eligible for medical treatment under this Part, to travel in order to obtain that medical treatment, the Deputy Commissioner may grant the fares and travelling allowances for the forward and return journeys incurred by the member and, if it is necessary for the member to be accompanied by an attendant, the Deputy Commissioner may grant the fares and travelling allowances for the forward and return journeys incurred by the attendant.

Decoration allowance.

17. A member who was awarded a decoration in respect of his service during the war shall be entitled to payment of a gratuity, annuity, allowance or addition to pension, as the case may be, at the like rate and in accordance with the like conditions as are prescribed from time to time by or under the Repatriation Act 1920-1960 in respect of a person to whom that Act applies.

Education and training benefits.

18. A person, whether or not under the age of sixteen years, who is a Child of—

(a)a deceased member;

(b)a totally and permanently incapacitated member; or

(c) a blind member,

is eligible for the grant of educational and training facilities on the basis provided in Part VII. of the Repatriation Regulations.

Applications for benefits, &c.

19. An application for a benefit, advantage or assistance under this Part shall be made to the Deputy Commissioner in such form as the Commission determines.

Part IV.—Miscellaneous.

Appointment of trustee, &c.

20.—(1.) Where the Commission is satisfied that, having regard to the age, infirmity, ill-health or improvidence of a pensioner, it is expedient that payment of a pension, allowance or monetary benefit payable to the pensioner should be made to another person on behalf of, or as trustee of, the pensioner, or where a pensioner consents to payment of a pension or allowance payable to him being so made, the Commission may, by instrument in writing—

(a)authorize payment of the pension or allowance to be made to another person on behalf of the pensioner; or

(b)appoint a person to be the trustee, or itself assume the office of trustee, of the pensioner in respect of the pension or allowance.

(2.) Where the Commission has appointed a person to be the trustee, or has itself assumed the office of trustee, of a pensioner in respect of a pension or allowance, the pension or allowance—

(a)may be paid to the person so appointed, or the Commission, as the case may be; and

(b)may, subject to the directions of the Commission, be disbursed or accumulated by the person so appointed, or may be disbursed or accumulated by the Commission, as the case may be, for the benefit of the pensioner, of a dependant of the member or of a person who is or has been dependent on the pensioner.

(3.) The Commission may at any time, by instrument in writing, revoke an authorization or appointment, or an assumption of the office of trustee, under this regulation.

Offences.

21. 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 application for a pension, assistance or benefits, or a review of a pension, assistance or benefits, granted under these Regulations;

(b)obtain any pension, assistance or benefits which are not payable;

(c) obtain payment of any moneys by means of any false or misleading statement; or

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

Penalty: Twenty-five pounds or imprisonment for three months.

Signature to forms.

22.—(1.) Every form which, under these Regulations, 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 such a witness.

Delegation of powers.

23.—(1.) The Commission may, either generally or in relation to a matter or class of matters, by writing under its seal, delegate to a person all or any of its powers and functions under these Regulations, except this power of delegation and its powers under regulation 20 of these Regulations.

(2.) A power or function so delegated may be exercised by the delegate in accordance with the instrument of delegation.

(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Commission.

Commission may exercise powers of Deputy Commissioner.

24. Any power or authority vested by these Regulations in the Deputy Commissioner may be exercised by the Commission.

 

THE SCHEDULES.

 

FIRST SCHEDULE.

General Pensions Rates.

Table A.—Pensions Payable in Case of Death of Member. Reg. 9 (a).

Class of Person Eligible for Pension.	Rat of Pension Payable.
Per Calendar Month.
£	s.	d.
Widow of member.................................................................................	10	0	0
Child of member—
in respect of one such dependant........................................................	2	17	0
in respect of each other such dependant...............................................	2	0	0
Any other dependant of member.............................................................	3	10	0, or such
	lesser amount as the Minister from time to time determines

Reg. 9 (b).

Table B.—Pensions Payable in Case of Total Incapacity of Member.

Class of Person Eligible.	Rate of Pension Payable.
Per Calendar Month.
£	s.	d.
Member................................................................................................	10	5	0
Wife of member....................................................................................	3	15	0
Child of member under sixteen years of age............................................	1	10	0
Any other dependant of member.............................................................	3	0	0, or such
	lesser amount as the Minister from time to time determines

SECOND SCHEDULE.

Special Pensions Rate. Reg. 9 (d).

The Special Rate of Pension payable—

(a) to a member who is blind as a result of war service, or whose eyesight is, in the opinion of the Commission, so defective, due to war service, that he has no useful sight; and

(b)to a member who is totally and permanently incapacitated,

is Twenty-one pounds per calendar month.

 

THIRD SCHEDULE.

Rate of Pension in respect of Specified Incapacities. Reg. 9 (c).

Description of Disability.

Percentage of

General Pension Rates.

%

Loss of two or more limbs.......................................................................................

100

Loss of one eye, together with loss of one leg, foot, hand or arm................................

100

Loss of both arms....................................................................................................

100

Loss of both legs.....................................................................................................

100

Loss of both feet.....................................................................................................

100

Loss of both hands..................................................................................................

100

Loss of hand and foot..............................................................................................

100

Loss of all fingers and thumbs..................................................................................

100

Amputation of leg at hip, or arm at shoulder joint......................................................

80

Severe facial disfigurement......................................................................................

80

Total loss of speech.................................................................................................

80

Loss of leg or foot...................................................................................................

75

Loss of arm or hand.................................................................................................

75

Total deafness.........................................................................................................

70

Loss of vision in one eye.........................................................................................

50

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.