Statutory Rules 1951,
No. 57.(c)
Citation.
1. These Regulations may
be cited as the Re-establishment and Employment (British Empire and Allied
Forces) Regulations.
Definitions.
2. In
these Regulations, unless the contrary intention appears—
“
Deputy Commissioner ” means a Deputy Commissioner of Repatriation appointed
under the Australian Soldiers’
Repatriation Act 1920 or under that Act as subsequently amended ;
“
discharged member ” means a person who is deemed to be a discharged member of
the Forces by virtue of regulation 4 of these Regulations ;
“
eligible person ” means a person who is an eligible person within the meaning
of sub-section (1.) of section 91 of the Act by virtue of regulation 4 of these
Regulations ;
“
prescribed area ” means a prescribed area specified in regulation 10 of the
Re-establishment and Employment Regulations ;
“
prescribed authority ” means an authority prescribed under Divisions 2 and 3 of
Part VI. of the Act ;
“
prescribed foreign power or authority ” means a power or authority prescribed
by regulation 3 of these Regulations ;
“
the Act ” means the Re-establishment and
Employment Act 1945 as amended for the time being whether by any other Act
or by regulations under the Re-establishment
and Employment Act 1945 ;
(c) Made under the Re-establishment and Employment Act 1945 on 15th June, 1951 ;
notified in Gazette on 18th June,
1951.
5265.—22
“
the Commission ” means the Repatriation Commission appointed under the Australian Soldiers’ Repatriation Act 1920
or under that Act as subsequently amended.
Prescribed
foreign powers and authorities.
3. For the purpose of
section 5 of the Act and of these Regulations, the following shall be the
prescribed foreign powers or prescribed foreign authorities, as the case may be
:—
The
United States of America ;
The
Netherlands ;
Belgium
;
Denmark
;
Norway
;
France,
but only in relation to such of the Forces of that power as were actually
associated with or allied to His Majesty and only during such time as those
Forces were recognized by His Majesty as being so allied or associated.
Extension
of certain provisions to members of Dominion Ac. Forces.
4. For the purposes of
Division 5 of Part II., Part III., Divisions 2 and 3 of Part VI., Part VIII.
and Part XI. (other than paragraph (b)
of section 136) of the Act, a person, other than a member of the Forces by
virtue of section 4 of the Act, who is resident in Australia and who, during
the war and prior to the first day of July, 1947, was engaged on service in a
prescribed area with the Naval, Military or Air Forces of any part of the King’s
Dominions other than Australia or of a prescribed foreign power or authority
and has been discharged from those Forces shall, subject to these Regulations,
be deemed to be a discharged member of the Forces.
Extension
of Part IX. to members of Dominion &c. Forces.
5. A person other than a
member of the Forces by virtue of section 4 of the Act, who is resident in
Australia and who, during the war, was engaged on service in a prescribed area
with the Naval, Military or Air Forces of any part of the King’s Dominions
other than Australia or of a prescribed foreign power or authority and has been
discharged from those Forces shall be deemed to be a discharged member of the
Forces for the purposes of Part IX. of the Act.
Disqualification
for reemployment allowance.
6. For the purposes of
these Regulations, section 73 of the Act shall be read and construed as if the
words “ in Australia ” are added at the end of that section.
Period
for which re-employment allowance payable.
7. For the purposes of
sub-section (2.) of section 78 of the Act, the date of the arrival in Australia
of a discharged member who has migrated to Australia under the terms of an
agreement entered into between the Government of a prescribed foreign power or
authority in the Forces of which he served and the Government of the
Commonwealth of Australia and who arrived in Australia not later than the
thirtieth day of June, 1949, shall be deemed to be the date of discharge of
that member.
Amount
of re-establishment loans.
8. The amount of any loan
made, or in respect of which a guarantee is given, under Division 3 of Part VI.
of the Act to an eligible person (or, if there is more than one such loan, the
aggregate of those loans) shall not exceed the sum of Two hundred and fifty
pounds.
Purpose
for which re-establishment loans may be made.
9. A loan shall not be made
or a guarantee given under Division 3 of Part VI. of the Act to an eligible
person except for the purpose of enabling that eligible person to engage in or
resume an occupation, business or practice approved of by the prescribed
authority.
Time
within which applications for re-establishment loans shall be made.
10.—(1.) A loan shall not
be made or a guarantee given under Division 3 of Part VI. of the Act to an
eligible person unless—
(a)that person was discharged not later than the thirtieth day of June, 1949 ;
or
(b)that person has migrated to Australia under the terms of an agreement
entered into between the Government of the prescribed foreign power or
authority in the Forces of which he served and the Government of the
Commonwealth of Australia and arrived in Australia not later than the thirtieth
day of June, 1949 ; and
(c)an application for the loan or guarantee is or has been made within one
year from the date of his discharge or the date of his arrival in Australia, as
the case may be.
(2.) A prescribed authority may, in
his discretion, extend the time within which an application may be made under
the last preceding sub-regulation to a time not exceeding the time specified in
paragraph (a) of sub-section (1.) of section 96 of the Act.
Transportation
to Inland destination.
11.—(1.) The Commission or
a Deputy Commissioner may, on behalf of the Commonwealth, pay or, where payment
has already been made, refund to a discharged member—
(a) the cost of the discharged member’s
transportation, by the most economical means of conveyance deemed suitable by a
Deputy Commissioner, from the place of disembarkation in Australia to the place
of his intended residence in Australia ; and
(b)such sum for the transportation of the discharged member’s baggage from the
place of disembarkation in Australia to the place of his intended residence in
Australia as a Deputy Commissioner deems reasonable.
(2.) Assistance under this
regulation shall not be granted on more than one occasion.
Removal
expenses.
12.—(1.) A Deputy
Commissioner may pay such fares and freights and other reasonable charges
directly related to removal as are necessary in transferring a discharged
member and his family to a locality where the discharged member—
(a) is about to enter into occupation of land ;
(b) is about to establish himself in business; or
(c) has obtained employment and desires
to establish his home.
(2.) The amount payable to meet
freight charges shall be such sum as the Deputy Commissioner considers
reasonable.
(3.) Assistance under this
regulation shall not be granted on more than one occasion.
Loss
or damage to baggage
13. Neither the
Commonwealth, the Commission, a Deputy Commissioner nor any officer of the
Commission shall be liable in respect of any loss or damage caused, during
loading, unloading or transit, to any baggage belonging to a person, the cost
or any portion of the cost of whose transportation has been borne by the
Commonwealth under regulation 11 or regulation 12 of these Regulations.
Fares
to employment.
14.—(1.) A Deputy
Commissioner may pay the fare of any discharged member to the place of his
employment in any case where the discharged member’s employer or prospective
employer is not liable to pay the discharged member’s fare in advance in
accordance with custom or any industrial award, order or determination.
(2.)Assistance under this regulation shall not be granted on more than
one occasion, unless a Deputy Commissioner considers that any special
circumstances of a particular case justify a further grant and so certifies and
approves.
Tools
of trade, &c.
15. A discharged member
shall, subject to these Regulations, be entitled to the benefit of any
regulation or regulations under any Act for the time being in force making
provision for or in relation to the supply, by way of a gift, of tools of
trade, plant and equipment, professional instruments or other articles of
personal equipment, to a value not exceeding the sum of Ten pounds, to
discharged members of the Forces where the supply thereof is, in the opinion of
the person or authority administering any such regulation or regulations,
essential to placing the applicant in appropriate employment.
Fares
and removal expenses of trainees
16. A Deputy Commissioner
may authorize the payment to a discharged member who is a trainee or who has
been approved for training under the Commonwealth Reconstruction Training
Scheme of allowances at the same rate and under the same conditions as
allowances are payable to discharged members of the Forces under any regulation
or regulations under any Act for the time being in force making provision for
or in relation to—
(a) the payment of fares of trainees under that scheme to places of
employment ; and
(b) the removal expenses of those trainees.
Allowances
to apprentices.
17. Where a discharged
member who—
(a) was an apprentice prior to being engaged on war service; and
(b) was unable to complete his
apprenticeship by reason of his being engaged on war service,
has,
since his arrival in Australia, entered, with the approval of an Apprenticeship
Authority as defined in Division 3 of
Part II. of the Act, into a further contract of apprenticeship in the trade,
occupation or calling to which he was apprenticed prior to being engaged on war
service, a Deputy Commissioner may authorize the payment to the discharged
member during the period in which he completes that further contract of
apprenticeship of an allowance at such rate as, in the opinion of the Deputy
Commissioner, will ensure to the discharged member an income by way of wages
and allowance equivalent to the wage that he would have been earning in that
trade, occupation or calling if he had completed his apprenticeship.
Time
of making application.
18.—(1.) Subject to the
next succeeding sub-regulation, a discharged member is not eligible for benefit
under regulations 11, 12, 14 or 15 of these Regulations unless application for
the benefit has been made—
(a) in the case of a discharged member
who served in the Forces of the United Kingdom and who has arrived in Australia
under any agreement made between His Majesty’s
Government
of the United Kingdom and the Government of the Commonwealth of Australia
providing for the free passage to Australia of that member—before the
expiration of twelve months after his arrival in Australia or before the first
day of July, 1950, whichever is the earlier ;
(b)in the case of a discharged member who served in the Forces of any
prescribed foreign power or authority and who was discharged in Australia
before the thirtieth day of June, 1948—within twelve months after his discharge
; or
(c) in any other case—within twelve
months after the discharged member’s arrival in Australia, provided his arrival
was not later than the thirtieth day of June, 1948.
(2.) A discharged member who has
received training under Part III. of the Act is not eligible for benefit under
regulation 15 of these regulations unless his application for that benefit has
been made within twelve months after the date of completion of that training.
(3.) A discharged member is not
eligible for an allowance under regulation 17 of these Regulations unless
application for payment of that allowance has been made—
(a)in the case of a discharged member who, at the fifteenth day of August,
1947, had been discharged and resided in Australia for a period of not less
than twelve months— before the first day of July, 1948 ; or
(b) in any other case—within twelve
months after the date of discharge or arrival in Australia, whichever is the
later, but in either case not later than the thirty-first day of August, 1949.
Limitation
of benefits.
19.—(1.) Where, under the
legislation of any Dominion (other than Australia) or of any prescribed foreign
power or authority, a discharged person is eligible or entitled, by reason of
his service with the Forces of that Dominion, power or authority, to obtain,
while resident in Australia, any benefit which, in the opinion of the authority
administering these Regulations or the relevant part thereof, is similar to or
corresponds with any benefit available to him by virtue of these Regulations,
the administering authority may require that person to elect as to which
benefits he desires to take advantage.
(2.) Where the discharged member
elects to take advantage of any benefit under the legislation of a Dominion
other than the Commonwealth or of a prescribed foreign power or authority, he
shall not be eligible to obtain any portion of the similar or corresponding
benefit provided by these Regulations which would, when taken in conjunction
with the benefit of which he has elected to avail himself, exceed the benefit
provided by these Regulations.
Application
of Regulations.
20.