Repatriation Act 1920 (Cth)

No judgment structure available for this case.

REPATRIATION ACT 1920 - Incorporating all amendments by legislation made to 1
January 1981 (to the extent that the legislation has come into operation by
that date)
- Reprinted as at 1 January 1981 (HISTACT CHAP 157 #DATE 01:01:1981)

*1* The Repatriation Act 1920 (a) as shown in this reprint comprises Act No. 6, 1920 as amended by the other Acts specified in the following table:

----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Australian
Soldiers'
Repatriation Act
1920 6, 1920 19 May 1920 1 July 1920 (see
Gazette 1920, p.
909)
Australian
Soldiers'
Repatriation Act
1921 34, 1921 17 Dec 1921 17 Dec 1921 -
Australian
Soldiers'
Repatriation Act
1922 23, 1922 18 Oct 1922 S. 2: 1 July 1920
(see s. 2 (2) and
Gazette 1920, p.
909)
Remainder: Royal
Assent -
Australian
Soldiers'
Repatriation Act
1929 14, 1929 25 Mar 1929 1 June 1929 (see
Gazette 1929, p.
1317) -
Australian
Soldiers'
Repatriation Act
1930 74, 1930 16 Dec 1930 1 June 1929 -
Financial Emergency
Acts 1931 (b) 10, 1931 17 July 1931 Ss. 1-4: Royal
Assent
Remainder: 20 July
1931
(see Gazette 1931,
p. 1195) Ss. 4 and
41-43
47, 1931 4 Nov 1931 4 Nov 1931 -
Australian
Soldiers'
Repatriation Act
1934 32, 1934 4 Aug 1934 S. 9: 30 Oct 1933
Remainder: Royal
Assent (c) -
Australian
Soldiers'
Repatriation Act
1935 58, 1935 6 Dec 1935 Ss. 27 and 28: 1
Jan 1935
Remainder: 1 Jan
1936 -
Financial Relief
Act (No. 2) 1936
(b) 29, 1936 21 Sept 1936 21 Sept 1936 S. 23
Australian
Soldiers'
Repatriation Act
1936 67, 1936 3 Dec 1936 Ss. 8 and 45AGA
(1) inserted by s.
9: 1 Jan 1936
Remainder: Royal
Assent -
Australian
Soldiers'
Repatriation Act
1937 12, 1937 2 Sept 1937 Ss. 3-5 and 7: 16
Sept 1937
S. 6: 10 Mar 1937
Remainder: Royal
Assent -
Australian
Soldiers'
Repatriation Act
(No. 2) 1937 24, 1937 16 Sept 1937 16 Sept 1937 -
Australian
Soldiers'
Repatriation Act
(No. 3) 1937 42, 1937 13 Dec 1937 1 Jan 1938 (see
Gazette 1937, p.
2347) S. 5
Australian
Soldiers'
Repatriation Act
1938 55, 1938 10 Dec 1938 7 Jan 1939 S. 4
Australian
Soldiers'
Repatriation Act
1940 37, 1940 4 June 1940 S. 15: 1 July 1940
Remainder: 3 Sept
1939 -
Australian
Soldiers'
Repatriation Act
(No. 2) 1940 96, 1940 17 Dec 1940 2 Jan 1941 -
Australian
Soldiers'
Repatriation Act
1941 49, 1941 3 Dec 1941 Ss. 3-6: 18 Dec
1941
S. 7: 1 Nov 1941
Remainder: Royal
Assent (d) -
Australian
Soldiers'
Repatriation Act
1943 22, 1943 1 Apr 1943 Ss. 30 (a) (to the
extent to which it
relates to a
service pension to
a member of the
Forces), 33,
46-49: 6 May 1943
(see Gazette 1943,
p. 838)
S. 39: 3 Sept 1939
Remainder: Royal
Assent Ss. 45 (2),
46 (2), 50
and 51 (2)
Re-establishment
and Employment Act
1945 11, 1945 28 June 1945 27 Aug 1945 (see
Gazette 1945, p.
1859) -
Australian
Soldiers'
Repatriation Act
1946 49, 1946 15 Aug 1946 15 Aug 1946 -
Commonwealth Public
Service Act 1947 1, 1947 14 Mar 1947 14 Mar 1947 -
Australian
Soldiers'
Repatriation Act
1947 29, 1947 11 June 1947 10 July 1947 S. 4 (2)
Australian
Soldiers'
Repatriation Act
(No. 2) 1947 74, 1947 5 Dec 1947 5 Dec 1947 -
Australian
Soldiers'
Repatriation Act
1948 39, 1948 22 Oct 1948 S. 9: 3 Jan 1949
(see Gazette 1948,
p. 4323)
Remainder: Royal
Assent Ss. 14 and 15 Australian
Soldiers'
Repatriation Act
1949 38, 1949 18 July 1949 7 July 1949 -
Australian
Soldiers'
Repatriation Act
1950 34, 1950 12 Dec 1950 Ss. 3 and 48: 27
June 1950
Ss. 6 and 8-11: 21
June 1951 (see
Gazette 1951, p.
1482)
Remainder: Royal
Assent (e) Ss. 27 (2)
and 60-62
Statute Law
Revision Act 1950 80, 1950 16 Dec 1950 31 Dec 1950 Ss. 16 and 17 Repatriation Act
1951 31, 1951 21 Nov 1951 21 Nov 1951 S. 12
Repatriation Act
1952 58, 1952 2 Oct 1952 2 Oct 1952 Ss. 21-23
Repatriation Act
1953 69, 1953 28 Oct 1953 28 Oct 1953 (f) Ss. 3 (2), 22 (2), 27 and
28
Repatriation Act
1954 31, 1954 6 Oct 1954 6 Oct 1954 Ss. 6 (2), 18 and 19
Repatriation Act
1955 39, 1955 19 Oct 1955 19 Oct 1955 S. 28
Repatriation Act
1956 68, 1956 5 Oct 1956 5 Oct 1956 Ss. 15
(2)-(4) and
17
Repatriation Act
(No. 2) 1956 97, 1956 15 Nov 1956 1 Sept 1957 (see
s. 2 and Gazette
1957, p. 2631) -
Repatriation Act
1957 44, 1957 15 Oct 1957 15 Oct 1957 Ss. 3 (2) and (3) and 7
Repatriation Act
1958 47, 1958 30 Sept 1958 Ss. 1, 2, 5, 9,
13, 16 and 18-22:
Royal Assent
Remainder: 15 Oct
1958 (see s. 2 and
Gazette 1958, p.
3383) S. 22
Repatriation Act
1959 58, 1959 30 Sept 1959 30 Sept 1959 Ss. 11 and 12 Repatriation Act
1960 44, 1960 27 Sept 1960 Ss. 3-6: 1 Mar
1961 (see Gazette
1961, p. 606)
Remainder: Royal
Assent S. 10
Repatriation Act
1961 46, 1961 27 Sept 1961
S. 8: 29 Sept 1960
Remainder: Royal
Assent Ss. 13 and 14 Repatriation Act
1962 75, 1962 10 Dec 1962 10 Dec 1962 -
Repatriation Act
(No. 2) 1962 91, 1962 14 Dec 1962 28 May 1963 (see
s. 2 and Gazette
1963, p. 1869) -
Repatriation Act
1963 47, 1963 25 Sept 1963 25 Sept 1963 (g) Ss. 5 (2), 6
(2), 24 (2)
and 26
Repatriation Act
1964 62, 1964 23 Sept 1964 23 Sept 1964 S. 8
Repatriation Act
(No. 2) 1964 105, 1964 20 Nov 1964 20 Nov 1964 (h) S. 19 (2)
Repatriation Act
1965 64, 1965 6 Oct 1965 6 Oct 1965 S. 14
Repatriation Act
1966 42, 1966 30 Sept 1966 30 Sept 1966 S. 13
Repatriation Act
1967 64, 1967 10 Oct 1967 10 Oct 1967 S. 4
Repatriation Act
1968 66, 1968 27 Sept 1968 27 Sept 1968 S. 17
Salaries Act 1968
(j) 120, 1968 2 Dec 1968 2 Dec 1968 (k) -
Repatriation Act
1969 95, 1969 27 Sept 1969 27 Sept 1969 Ss. 10 and 11 Repatriation Act
1970 4, 1970 24 Mar 1970 24 Mar 1970 S. 6
Repatriation Act
(No. 2) 1970 60, 1970 28 Sept 1970 28 Sept 1970 S. 10
Repatriation Act
1971 17, 1971 7 Apr 1971 1 Apr 1971 S. 9
Repatriation Act
(No. 2) 1971 68, 1971 29 Sept 1971 29 Sept 1971 S. 8
Repatriation Act
1972 15, 1972 24 Apr 1972 24 Apr 1972 Ss. 9 and 10
Repatriation Act
(No. 2) 1972 82, 1972 27 Sept 1972 27 Sept 1972 Ss. 13 (2)
and (3), 24
and 25
Repatriation
(Torres Strait
Islanders) Act 1972 139, 1972 2 Nov 1972 2 Nov 1972 (see s.
2) S. 15 (2)
Repatriation Act
1973 2, 1973 16 Mar 1973 16 Mar 1973 (l) Ss. 4 (2), 5
(2), 9 (2)
and 24
Repatriation Act
(No. 2) 1973 27, 1973 8 May 1973 8 May 1973 S. 10
Repatriation Act
(No. 3) 1973 104, 1973
26 Sept 1973 26 Sept 1973 Ss. 19 (2),
22 (2) and
29-31
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Repatriation Act
1974 3, 1974 22 Mar 1974 22 Mar 1974 Ss. 3 (2), 4
(2), 5 (2), 6 (2) and 15
Repatriation Act
(No. 2) 1974 24, 1974 31 July 1974 31 July 1974 S. 5
Repatriation Acts
Amendment Act 1974 90, 1974 31 Oct 1974 S. 6: 4 June 1975
(see Gazette 1975,
No. S102, p. 1)
Remainder: Royal
Assent Ss. 8 (2), 15 (2), 23 and
24
Repatriation Acts
Amendment Act 1975 35, 1975 19 May 1975 19 May 1975(m) Ss. 13 and 14 Postal and
Telecommunications
Commissions
(Transitional
Provisions) Act
1975 56, 1975 12 June 1975 Ss. 4 and 38: 1

*2* All the sections, other than sections 1 to 12, of the Australian Soldiers' Repatriation Act 1920, as amended by the Australian Soldiers' Repatriation Act 1943, were re-numbered by sub-section 51 (1) of, and the First Schedule to, the last-mentioned Act. Sub-section 51 (2) of that Act provides as follows: "(2) Any reference in any law of the Commonwealth or of any Territory of the Commonwealth, or in any instrument or document, to any section of the Principal Act shall, if that section has been re-numbered in pursuance of this section, be read as a reference to that section as so re-numbered." The Interim Forces Benefits Act 1947 provides for certain benefits for members of the Interim Forces by reason of their service with those Forces. The Repatriation (Far East Strategic Reserve) Act 1956 provides for benefits for certain members of the Defence Force who have served in Malaysia with, or in connexion with, the British Commonwealth Far East Strategic Reserve. The Repatriation (Special Overseas Service) Act 1962 provides for benefits for certain members of the Defence Force who have served on special service outside Australia. The Repatriation (Torres Strait Islanders) Act 1972 makes provision for repatriation purposes with respect to certain Torres Strait Islanders, and certain Aboriginal natives of Australia, who served in the Defence Force during the war and with respect to residents of the Torres Strait Islands.

REPATRIATION ACT 1920 - TABLE OF PROVISIONS 
TABLE

                             TABLE   OF  PROVISIONS


                              PART  I-PRELIMINARY



Section

  1.          Short title

  2.          Commencement

  3, 4.       (Repealed)

  5.          Extension of Act to Territories

  6.          Interpretation



                                   PART  II-ADMINISTRATION

  7.          Commission

  8.          Members of Commission

  8A.         Appointment of Secretary as Chairman of the Commission

  8B.         Appointment to act as Chairman and Secretary

  9.          Remuneration of Commissioners

  10.         Term of office of Commissioners

  11.         Powers and duties of Commission

  12.         Delegation by Commission

  13.         (Repealed)

  14.         Repatriation Boards

  15.         Boards to consult and co-operate with Commission

  15A.        Variation of constitution of Board

  15B.        Remuneration and allowances of members of Repatriation Boards

  15C.        Acting members of Boards

  15D.        Meetings of Repatriation Boards

  16.         Suspension and removal of Commissioner or Acting Commissioner

  17.         Suspension and removal of member or acting member of Board

  17A.        Delegation by Minister

  18.         Offices-how vacated

  19.         Uncertificated insolvent not to be Commissioner, Acting

              Commissioner or member of Board

  20.         Powers and duties of Boards

  21.         Commissioners and members of Boards not subject to Public
Service

              Act

  22.         (Repealed)



                                      PART  III-PENSIONS



                                 Division 1-Grant of Pensions

  23.         Interpretation

  24.         Pensions upon death or incapacity

  24A.        Death or mental affliction of claimant

  24AA.       Claim for pension to be in accordance with an approved form

  24AB.       Investigation of claims, &c.

  25.         Special Magistrates

  26.         Powers of Commission and Boards

  27.         Duties of Boards

  28.         Appeal to Commission

  29.         Date of operation of determination of Commission on appeal

  30.         Re-grant of cancelled pension

  31.         Review by Commission

  32.         Failure of pensioner to attend at review

  33.         (Repealed)

  34.         Suspension and forfeiture of pension where pensioner imprisoned

  35.         Rates of pension

  35AAA.      Variation of rate of pension

  35AA.       Rate of pension to certain dependants who are children

  35A.        Pensions to dependants

  35B.        Continuation of payment of certain war pensions after pensioner

              leaves Australia

  36.         Payment of pensions

  37.         (Repealed)

  38.         Reinstatement of commuted pension

  39.         Pensions payable for limited period in certain cases

  39A.        Pensions to spouses to cease upon dissolution of marriage

  40.         Pensions to female dependants to cease upon marriage or

              re-marriage

  40AA.       Change of status of child to be notified

  40AB.       Notifications under section 40AA to be referred to Commission or
a Board

  40A.        Gratuity to certain persons on re-marriage or marriage

  41.         Maximum pension payable to widowed mother

  42.         Pensions to certain dependent females

  43.         Termination of pension upon request or failure to draw pension

  44.         Pension to divorcee of member

  45.         Pension payable to dependants on death of a member after

              termination of war service

  46.         Pensions to dependants of certain deceased members

  47.         Hearing and determination of claims, &c.

  47A.        Reasons for decision of Commission or Board to be included in

              decision, &c.

  47B.        No action for making statements in proceedings, &c.

  48.         Medical reports

  49.         Pension of member afflicted with lunacy

  50.         Double pensions

  51.         Appropriation for pensions, &c.

  52.         Pension absolutely inalienable

  53.         Offences

  54.         Extension of Act to British reservists, &c.



                          Divisions 2-4 (sections 55-82) (Repealed)



                                Division  5-Service  Pensions

  83.         Interpretation

  84.         Grant of service pension

  85.         Service pension in respect of a member permanently
unemployable,

              &c.

  85A.        Claimant to be resident in Australia

  86.         Restrictions as to dual pensions

  87.         Variation of rate of service pension according to income

  88-90.      (Repealed)

  91.         Disposal of income

  92.         Right to be paid service pension outside Australia

  93.         Payment of service pensions

  94.         Pension to widow and children of service pensioner

  95.         Service pensioner in a public institution

  96.         Receipt of income to be notified

  96A.        Persons resident in Papua New Guinea

  97.         Service pensioner to furnish information when required

  98.         Cancellation or variation of pension

  98AA.       Rate of supplementary allowance during period when spouse
overseas
  98A.        Supplementary assistance

  98B.        On death of married person, widow, widower or children to
receive

              certain benefits for 12 weeks



              Division 5A-Extension of Application of Provisions of Division
5

                  to certain Members of the Forces of a Commonwealth Country

  98C.        Extension of application of Division 5 to members of Forces of
a

              Commonwealth country

  98D.        Interpretation

  98E.        Person not member of forces of Commonwealth country



              Division 5B-Extension of Application of Provisions of Division
5

                    to Certain Members of the Forces of an Allied Country

  98F.        Date of commencement of service pension

  98G.        Extension of application of Division 5 to members of Forces of
an

              allied country

  98H.        Interpretation

  98J.        Person not member of Forces of allied country



              Division  6-Extension  of  Application  of  Provisions  of

              Divisions 1  and  5  to  certain  Male  Members  of  the
Forces

                                       (1939-1945 War)

  99.         Extension of application of Act to certain male members of the

              Forces

 100.         Interpretation

 101.         Liability of Commonwealth to pay pensions to certain male
members

              of the Forces

 102.         Extension of Division in respect of other parts of the Queen's

              dominions

 103.         Maximum rates of pensions



              Division  7-Extension  of  Application  of  Provisions  of

              Divisions  1  and  5  to  Members  of  the  Women's  Services

                                       (1939-1945 War)

 104.         Extension of application of Act to members of Women's Services

 105.         Interpretation

 106.         Pensions to dependants of members of Women's Services

 107.         Extension of Division in respect of other parts of the Queen's

              dominions



              Division 8-Extension of Application of Provisions of Divisions
1

              and 5 to certain Male Members of the Forces (Korea and Malaya

                                         Operations)

 107A.        Extension of application of Act to certain male members of the

              Forces

 107B.        Interpretation

 107C.        Liability of Commonwealth to pay pensions to certain male
members

              of the Forces

 107D.        Extension of Division in respect of other parts of the Queen's

              dominions



              Division 9-Extension of Application of Provisions of Divisions
1

              and 5 to certain Female Members of the Forces (Korea and Malaya

                                         Operations)

 107E.        Extension of application of Act to members of Women's Services

 107F.        Interpretation

 107G.        Extension of Division in respect of other parts of the Queen's

              dominions



              Division  10-Extension of Application  of  Provisions  of

              Division 1 to  certain  Members  of  the  Forces  who  are

                      serving  or  have  served  in  the  Defence  Force

 107H.        Extension of application of Act to certain members of the
Forces

 107J.        Interpretation

 107K.        Regular serviceman

 107L.        National serviceman

 107M.        Liability of Australia to pay pensions to certain members of
the

              Forces, &c.

 107N.        Conditions of payment of pension to certain dependants of
members

              of the Forces

 107P.        Pensions payable to certain dependent females

 107Q.        Dual entitlement

 107R.        Persons in receipt of payments by way of compensation or
damages

 107S.        Power to request proceedings to be taken against third party or
to take such proceedings itself

 107T.        Payment of damages by persons to Australia

 107U.        Deduction of overpayments of pension

 107V.        Liability to pay damages to be discharged by payments of
pension



                          PART  IIIA-REPATRIATION  REVIEW  TRIBUNAL



                                    Division 1-Preliminary

 107VA.       Interpretation



                 Division 2-Establishment of the Repatriation Review Tribunal

 107VB.       Establishment of Repatriation Review Tribunal



                        Division 3-Review by the Tribunal of Decisions

 107VC.       Review of decisions refusing entitlement to pension, other than

              service pension

 107VD.       Review of pension assessments other than service pension

              assessments

 107VE.       Review of certain decisions refusing application for service

              pension under section 85

 107VF.       Application for review

 107VG.       Tribunal not bound by technicalities, &c.

 107VH.       Decision of Tribunal

 107VJ.       Further evidence relating to incapacity

 107VK.       Reasons for decision of Tribunal to be included in decision,
&c.



                    Division 4-Review or Reconsideration by the Commission

 107VL.       Review by Commission of decision the subject of application for

              review by Tribunal

 107VM.       Further evidence after adverse decision of Tribunal on
application under section 107VC



                           Division 5-Organization of the Tribunal

 107VN.       Constitution of Tribunal for exercise of powers

 107VP.       President responsible for arrangement of business

 107VQ.       Members to constitute Tribunal

 107VR.       Member ceasing to be member, &c.

 107VS.       Places of sitting



                          Division 6-Proceedings before the Tribunal

 107VT.       Presidential member to preside at hearing

 107VU.       Parties to proceeding before Tribunal

 107VV.       Procedure of Tribunal

 107VW.       Questions to be decided by majority of Tribunal

 107VX.       Hearings to be in private except in special circumstances

 107VY.       Powers of Tribunal

 107VZ.       Request to Secretary for documents, &c.

 107VZA.      Information may be made available to applicant

 107VZB.      Rehearing of proceeding of Tribunal on application under
section

              107VC

 107VZC.      Effect of decision of Tribunal on application under section
107VD

 107VZD.      Rehearing of proceeding by Tribunal

 107VZE.      Dismissal of application by consent



              Division 7-Date of Operation of Decisions of the Tribunal and



                             Certain Decisions of the Commission

 107VZF.      Date of operation may be specified

 107VZG.      Limits of retrospective operation



                            Division 8-Membership of the Tribunal

 107VZH.      Appointment of members to Tribunal

 107VZJ.      Qualifications for appointment of President and Deputy
Presidents

 107VZK.      Term of appointment

 107VZL.      Remuneration and allowances of members

 107VZM.      Acting members

 107VZN.      Leave of absence

 107VZP.      Resignation

 107VZQ.      Removal from office

 107VZR.      Application of Superannuation Act and Officers' Rights
Declaration Act



                                   Division 9-Miscellaneous

 107VZS.      Delegation

 107VZT.      Protection of members and witnesses

 107VZU.      Failure of witness to attend

 107VZV.      Refusal to be sworn or to answer questions

 107VZW.      Contempt of Tribunal

 107VZX.      Payments of expenses and allowances in respect of attendances

 107VZY.      Fees for witnesses

 107VZZ.      Staff to assist President

 107VZZA.     Annual report



              PART  IIIB-REVIEW  OF  DECISIONS  OF  COMMISSION  BY

                              ADMINISTRATIVE  APPEALS  TRIBUNAL

 107VZZB.     Reference of decisions to Administrative Appeals Tribunal

 107VZZC.     Constitution of Administrative Appeals Tribunal

 107VZZD.     Additional powers of Administrative Appeals Tribunal

 107VZZE.     Reference to decisions of Repatriation Review Tribunal to be
read

              as including reference to decisions of Administrative Appeals

              Tribunal, &c.

 107VZZF.     Effect of decision of Administrative Appeals Tribunal on

              proceeding before Repatriation Review Tribunal



              PART  IIIC-REFERENCES  AND  APPEALS  FROM  THE  REPATRIATION

                          REVIEW  TRIBUNAL  TO  THE  FEDERAL  COURT

 107VZZG.     Reference of questions of law to Federal Court of Australia

 107VZZH.     Appeal to Federal Court of Australia from decisions of the

              Tribunal

 107VZZJ.     Documents to be sent to Federal Court of Australia

 107VZZK.     Costs in connection with references and appeals to the Federal

              Court of Australia

 107VZZL.     Legal assistance



                              PART  IV-ASSISTANCE  AND  BENEFITS

 108.         Interpretation

 109.         (Repealed)

 110.         Local Committees

 110A.        Voluntary winding-up of affairs of Local Committee

 111.         Arrangements with States for employment of State officers

 112.         Appeal to the Commission

 113.         Moneys to be appropriated

 114.         Contributions

 114A.        Acceptance of trusts

 115.         Audit of accounts of Local Committees

 116.         Priority in bankruptcy of money advanced

 117.         (Repealed)

 118.         Improper use of gifts or loans

 118A.        Regulations



                                    PART  V-MISCELLANEOUS

 119.         Arrangements with Governments of other parts of the Queen's

              dominions

 120.         Service pensions for South African Veterans

 120A.        Post mortem examination

 120AA.       Recovery of overpayments

 120B.        Deduction from pensions, allowances or benefits of certain
amounts
 120C.        Payment of pension, &c., on death of pensioner, &c.

 120D.        Establishment of hospitals, &c.

 121.         Furnishing of information

 122.         Report

 123.         Funds raised prior to Act

 123A.        Modification of certain other laws

 123AB.       Prescribed persons

 123AC.       Address of Secretary for forwarding claims, &c.

 123B.        Interpretation

 124.         Regulations



                                   SCHEDULE 1



                             General Pensions Rates



                                   SCHEDULE 2



                Rate for Special Pensions $203.80 per Fortnight



                                   SCHEDULE 3



                                    Table A



        Pensions Payable in the Case of Death of a Member of the Forces



                                    Table B



   Pensions Payable in the Case of Total Incapacity of a Member of the Forces



                                    Table C



Pensions Payable in Cases of Partial or Specific Incapacity of Members of the

                                     Forces



                                   SCHEDULE 4



Rates of Pension Payable to Members of the Forces Incapacitated by Specified

                                  Disabilities



                                   SCHEDULE 5



Amounts and Allowances Payable to Members of the Forces suffering from
Certain

                                  Disabilities

REPATRIATION ACT 1920 - LONG TITLE 
SECT

An Act to make provision for the Repatriation of Australian Soldiers and for
other purposes

REPATRIATION ACT 1920 - SECT. 1. 
Short title 
SECT

                              PART  I-PRELIMINARY

  1. This Act may be cited as the Repatriation Act 1920.*1*

See notes to first article of this Chapter.

REPATRIATION ACT 1920 - SECT. 2. 
Commencement 
SECT

  2. This Act shall commence on a day to be fixed by Proclamation.*1*



Section 3 repealed by No. 216, 1973, s. 3; section 4 repealed by No. 104,
1973, s. 3

                         *   *   *   *   *   *   *   *

See notes to first article of this Chapter.

REPATRIATION ACT 1920 - SECT. 5.
Extension of Act to Territories

Substituted by No. 34, 1950, s. 4; amended by No. 216, 1973, s. 3

SECT

5. This Act extends to the Territories.

REPATRIATION ACT 1920 - SECT. 6.
Interpretation

Sub-section (1) amended by No. 22, 1943, s. 5; No. 29, 1947, s. 3; No. 58, 1952, s. 3; No. 69, 1953, s. 3; No. 27, 1973, s. 9; No. 216, 1973, s. 3;No. 56, 1977, s. 4; No. 129, 1978, s. 4; No. 18, 1979, s. 4

SECT

6. (1) In this Act, unless the contrary intention appears-

"adopted" means, in relation to a child of a member of the Forces, adopted in accordance with the law of a State or Territory or of another country;

"Board" means a Repatriation Board appointed under this Act;

"Commission" means the Repatriation Commission appointed under this Act;

"Commissioner" means a member of the Commission and includes an acting member of the Commission;

"Department" means the Department of Veterans' Affairs;

"Member of a Board" includes an acting member of a Board;

"organization representing returned soldiers" means-

(a) an organization representing persons who are members of the Forces as defined by section 23, 100 or 107B; or

(b) an organization representing persons who are members of the Forces as defined by section 105 or 107F,

and includes an organization representing persons who were dependants of deceased members of the Forces, as defined by section 23, 100, 105, 107B or 107F, at the time of the deaths of those members;

"Secretary "means the Secretary to the Department;

"Tribunal" means the Repatriation Review Tribunal established by section 107VB.

Added by No. 90, 1974, s. 4

SECT

(2) For the purposes of this Act, a person residing in Papua New Guinea immediately before it becomes an independent sovereign state shall, until he ceases so to reside, be deemed to be resident in Australia.

Added by No. 18, 1979, s. 4

SECT

(3) In this Act-

(a) a reference to a period of 3 months after the service on a person, in accordance with section 47A, of a copy of a decision of the Commission or a Board;

(b) a reference to a period of 3 months after the service on a person, in accordance with section 107VK, of a copy of a decision of the Tribunal; or

(c) a reference to a period of 3 months after the service on a person, in accordance with sub-section (3) of section 43 of the Administrative Appeals Tribunal Act 1975, of a copy of a decision of the Administrative Appeals Tribunal,

shall, in relation to a person who was at any time during that period of 3 months a resident of the Torres Strait Islands, be read as including a further period of 3 months commencing on the expiration of that first period of 3 months.

REPATRIATION ACT 1920 - SECT. 7. 
Commission 
SECT

                            PART  II-ADMINISTRATION

  7. (1) For the purposes of this Act there shall be a Repatriation Commission
which shall, subject to the control of the Minister, be charged with the
general administration of this Act.


Amended by No. 23, 1922, s. 2

SECT

  (2) The Commission shall be a body corporate with perpetual succession and a
common seal and may acquire hold and dispose of real and personal property and
shall be capable of suing and being sued.


  (3) All courts, judges and persons acting judicially shall take judicial
notice of the seal of the Commission affixed to any document or notice and
shall deem that it was duly affixed.

REPATRIATION ACT 1920 - SECT. 8.
Members of Commission

Sub-section (1) amended by No. 22, 1943, s. 6

SECT

8. (1) The Commission shall consist of not less than three and not more than five members who shall be appointed by the Governor-General.

(2) Any organization representing returned soldiers throughout the Commonwealth may submit to the Minister a list containing the names of not less than three persons from which the organization recommends that a selection be made of a person to be appointed as one of the Commissioners, and the Governor-General may appoint a person selected from any list so submitted to be one of the Commissioners.

(3) The Governor-General shall appoint one of the Commissioners to be Chairman of the Commission.

Amended by No. 22, 1943, s. 6

SECT

(4) In the case of the illness, or absence from Australia or absence for the purpose of performing the duties of another office, or suspension of any Commissioner, or in the event of the office of a Commissioner becoming vacant, the Governor-General may appoint a person to act during the illness, absence or suspension, or until the appointment of a Commissioner, as the case may be, and the person so acting shall have all the powers and perform all the duties of a Commissioner.

(5) At their first meeting in each calendar year the members of the Commission may elect one of their number to be deputy chairman until the first meeting of the Commission in the next calendar year.

Substituted by No. 31, 1954, s. 3

SECT

(6) Where there is a vacancy in the office of deputy chairman of the Commission, the Commissioners present at a meeting of the Commission may elect one of their number to be deputy chairman until the next meeting of the Commission on or after the first day of January next following the date of the election.

Inserted by No. 31, 1954, s. 3

SECT

(6A) The chairman shall preside at all meetings of the Commission at which he is present and, in the absence of the chairman, the deputy chairman shall preside.

Inserted by No. 31, 1954, s. 3

SECT

(6B) If neither the chairman nor the deputy chairman is present at a meeting of the Commission, the Commissioners present at the meeting may elect one of their number to preside at that meeting.

Amended by No. 22, 1943, s. 6

SECT

(7) At any meeting of the Commission two Commissioners shall form a quorum unless there are more than three Commissioners, when three Commissioners shall form a quorum.

Added by No. 90, 1974, s. 5

SECT

(8) A question arising at a meeting of the Commission shall be decided by a majority of votes of members present and voting.

REPATRIATION ACT 1920 - SECT. 8A.
Appointment of Secretary as Chairman of the Commission

Inserted by No. 90, 1974, s. 6; amended by No. 91, 1976, s. 3; No. 56, 1977, s. 5

SECT

8A.*3* The person holding office under the Public Service Act 1922-1974 as Secretary to the Department of Veterans' Affairs may be appointed as chairman of the Commission while retaining his office as Secretary to that Department and, in that event-
(a) he shall perform his duties as chairman of the Commission concurrently with his performance of his duties as Secretary to that Department;
(b) he shall cease to hold office as chairman of the Commission if he ceases to hold office as Secretary to that Department;
(c) he shall not be paid remuneration or allowances in his capacity as chairman of the Commission, but, for the purpose of the payment of allowances to him, his duties as Secretary to that Department shall be deemed to include his duties as chairman of the Commission;
(d) the performance by him of his duties as Secretary to that Department shall not be taken to involve absence for the purpose of performing the duties of another office as referred to in sub-section (4) of section 8; and
(e) subject to this section, the provisions of this Act other than the provisions of sections 9 and 21 apply to and in relation to him as chairman of the Commission. *3* Sections 8A, 21 and 63 are amended by section 42 of the Public Service Amendment Act 1978. Sub-section 2(2) of that Act provides that section 42 shall come into operation on a date to be fixed by Proclamation. As at 1 January 1981 no date was fixed for the commencement of section 42, and the amendmentsmade by it are not incorporated in this reprint. Section 42 is set out in the extract from the Public Service Amendment Act 1978 below.

REPATRIATION ACT 1920 - SECT. 8B.
Appointment to act as Chairman and Secretary

Inserted by No. 111, 1975, s. 4 Sub-section (1) amended by No. 91, 1976, s. 3; No.56, 1977, s. 6

SECT

8B. (1) This section relates to both of the following offices:

(a) the office of Chairman of the Commission;

(b) the office under the Public Service Act 1922-1975 of Secretary to the Department of Veterans' Affairs.

(2) Where-

(a) one person occupies both the offices to which this section relates and that person is, or is about to be, absent or not available to perform the functions of those offices; or

(b) both the offices to which this section relates are vacant,

the Governor-General may appoint a member of the Commission-

(c) to act in the place of the person referred to in paragraph (a), in his capacity as the holder of each of the offices to which this section applies, while that person is absent or not available to perform the functions of those offices; or

(d) to act in each of those offices until the filling of the vacancy in either office,

and a member so appointed may perform the functions and exercise the powers, and shall perform the duties, appertaining, whether under this Act or any other Act, to each of those offices in accordance with his appointment.

(3) Subject to this section, a person appointed under sub-section (2) holds office on such terms and conditions as the Governor-General determines.

Amended by No. 91, 1976, s. 3; No. 56, 1977, s. 6

SECT

(4) A person appointed under sub-section (2)-

(a) shall, in his capacity as a person appointed to act as Secretary to the Department of Veterans' Affairs, be paid such remuneration and allowances as the Governor-General determines; and

(b) shall not be paid remuneration or allowances in his capacity as a person appointed to act as Chairman of the Commission but, for the purpose of the payment of allowances to him under paragraph (a), the duties appertaining to the office of Secretary to the Department of Veterans' Affairs shall be deemed to include the duties appertaining to the office of Chairman of the Commission.

(5) An appointment under sub-section (2) by reason of a vacancy in an office to which this section relates shall not be made, or continue to have effect, after the expiration of a period of 6 months from the date of the occurrence of the vacancy.

(6) The Governor-General may, at any time, terminate an appointment made under sub-section (2).

(7) A person appointed under sub-section (2) shall, while acting in accordance with that appointment, be deemed, for the purposes of sub-section (4) of section 8, to be absent for the purpose of performing the duties of another office.

(8) The validity of an act done by a person appointed under sub-section (2) shall not be questioned in any proceedings on the ground that the occasion for his appointment had not arisen or that the appointment (not being an appointment to a vacant office) had ceased to have effect.

(9) This section does not affect the operation of section 54 of the Public Service Act 1922-1975.

REPATRIATION ACT 1920 - SECT. 9.
Remuneration of Commissioners

Substituted by No. 3, 1974, s. 3

SECT

9. (1) A member of the Commission shall be paid such remuneration as is determined by the Remuneration Tribunal.

(2) Subject to the Remuneration Tribunal Act 1973, a member of the Commission shall be paid such allowances as are prescribed.

REPATRIATION ACT 1920 - SECT. 10.
Term of office of Commissioners

Sub-section (1) amended by No. 216, 1973, s. 3

SECT

10. (1) Subject to this Act, the members of the Commission appointed under this Act shall hold office for the term of three years, and shall be eligible for re-appointment.

Amended by No. 27, 1973, s. 9

SECT

(2) Upon the happening of a vacancy in the office of Commissioner, the Governor-General may appoint a person to the vacant office and such person shall, subject to this Act, hold office until the expiration of the term for which his predecessor was appointed:

Provided that any appointment to fill a vacancy in the office of the Commissioner appointed in pursuance of sub-section (2) of section 8, shall be made upon a recommendation in accordance with that sub-section.

REPATRIATION ACT 1920 - SECT. 11.
Powers and duties of Commission

Sub-section (1) amended by No. 68, 1956, s. 3

SECT

11. (1) The Commission may exercise such powers, and shall perform such duties, as are conferred upon it by or under this Act or any other Act.

Amended by No. 34, 1950, s. 5; No. 68, 1956, s. 3; No. 42, 1966, s. 12

SECT

(2) Before exercising any power under this Act or any other Act which involves the expenditure of more than Twenty thousand dollars, the Commission shall submit its proposal for, and obtain, the approval of the Minister.

Sub-sections (3) and (4) omitted by No. 216, 1973, s. 3
* * * * * * * *

REPATRIATION ACT 1920 - SECT. 12. 
Delegation by Commission 
SECT

  12. (1) The Commission may, by writing under its seal with the approval of
the Minister, delegate any of its powers and functions under this Act in
relation to any matters or class of matters, or to any particular State or
Territory, so that the delegated powers and functions may be exercised by the
delegate with respect to the matters or class of matters specified, or the
State or Territory defined, in the instrument of delegation.


  (2) Every delegation by the Commission shall be revocable in writing at
will, and no delegation shall prevent the exercise of any power by the
Commission.


Sub-section (3) omitted by No. 80, 1950, s. 12

                         *   *   *   *   *   *   *   *



Section 13 repealed by No. 34, 1950, s. 6

                         *   *   *   *   *   *   *   *

REPATRIATION ACT 1920 - SECT. 14.
Repatriation Boards

Substituted by No. 56, 1977, s. 7

SECT

14. (1) The Governor-General may, by instrument in writing, establish such number of Repatriation Boards as appears to him to be required, from time to time, for the purposes of this Act.

(2) A Repatriation Board shall consist of a Chairman, a Services member, who shall be selected from a list submitted in accordance with a request made under sub-section (4), and a third member.

(3) The members of Repatriation Boards shall be appointed by the Governor-General on the recommendation of the Commission.

(4) The Commission may, from time to time, request organizations representing returned soldiers throughout Australia to submit to the Commission lists of names of persons from which the organization concerned recommends that a selection be made of persons to serve as Services members of Repatriation Boards.



  (5) A member of a Repatriation Board may be appointed as a full-time member
or as a part-time member.


  (6) A member of a Repatriation Board shall be appointed for such period, not
exceeding 3 years, as the Governor-General specifies in the instrument of
appointment, and on such terms and conditions as the Governor-General
determines, and is eligible for re-appointment.


  (7) A person who has attained the age of 65 years shall not be appointed or
re-appointed as a member of a Repatriation Board, and a person shall not be
appointed or re-appointed as such a member for a period that extends beyond
the date on which he will attain the age of 65 years.

REPATRIATION ACT 1920 - SECT. 15.
Boards to consult and co-operate with Commission

Substituted by No. 56, 1977, s. 7

SECT

15. (1) In the performance of its functions under this Act, a Board shall consult and co-operate with the Commission.

Amended by No. 18, 1979, s. 5

SECT

(2) The Commission may make available to Boards-

(a) statements of principles applied by the Commission in deciding appeals under section 28 and in conducting reviews under section 31;

(b) statements of principles governing decisions of the Repatriation Review Tribunal, being principles deduced by the Commission from-

(i) statements of reasons for decisions of that Tribunal prepared in accordance with sub-section (1) of section 107VK; or

(ii) statements of reasons for decisions of the Administrative Appeals Tribunal on reviews in accordance with directions under sub-section (8) of section 107VZZB of this Act prepared in accordance with sub-section (2) of section 43 of the Administrative Appeals Tribunal Act 1975; and

(c) such other material as the Commission considers may be of assistance to Boards in the exercise of their powers or the performance of their functions under this Act.

(3) The Minister may give a direction to a Board, or to Boards generally, for the purpose of facilitating, ensuring or requiring consultation or co-operation by that Board, or by Boards generally, with the Commission with respect to a matter or matters specified in the direction.

(4) Where the Minister gives a direction under sub-section (3), he shall furnish to the Commission a copy of that direction and the Commission shall set out the terms of that direction in its next report under section 122.

(5) Nothing in this section authorizes the Minister or the Commission to direct a Board with respect to its consideration or determination of a particular claim or application.

REPATRIATION ACT 1920 - SECT. 15A.
Variation of constitution of Board

Inserted by No. 56, 1977, s. 7

SECT

15A. (1) The Minister may, on the recommendation of the Commission, by writing signed by him, direct that the constitution of a Board may, during a specified period, be varied in one or more of the following ways:

(a) the Chairman shall be a person specified in the direction, being a person who is the Chairman of another Board;

(b) the Services member shall be a person specified in the direction, being a person who is the Services member of another Board;

(c) the third member shall be a person specified in the direction, being a person who is the third member of another Board.

(2) The Minister shall cause a direction under sub-section (1) to be served on each member of a Board who is specified in the direction.

(3) Where a direction under sub-section (1) is served on a member of a Board in accordance with sub-section (2), the member shall, in accordance with the direction, serve as a member of the Board to which the direction relates, and that service shall, for the purposes of his entitlement to remuneration and allowances, be deemed to be service with the Board of which he is a member.

REPATRIATION ACT 1920 - SECT. 15B.
Remuneration and allowances of members of Repatriation Boards

Inserted by No. 56, 1977, s. 7

SECT

15B. (1) A member of a Board shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

(2) A member of a Board shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

REPATRIATION ACT 1920 - SECT. 15C.
Acting members of Boards

Inserted by No. 56, 1977, s. 7

SECT

15C. (1) Where-

(a) there is a vacancy in the office of a member of a Board; or

(b) a member of a Board, being a full-time member, is absent from duty or from Australia or is suspended from office, or, being a part-time member, is unable, whether on account of illness or otherwise, to perform the duties of his office or is suspended from office,

the Minister may, upon the recommendation of the Commission, appoint a person to act in the vacant office or in the place of that member, as the case may be, until the filling of the vacancy or during the period during which that member is absent or is suspended or is unable to perform the duties of his office, as the case may be.

(2) A person appointed under sub-section (1) to act in a vacant office or in the place of a member of a Board has all the functions, powers and duties that he would have if he were the holder of the vacant office or all the functions, powers and duties of the member in whose place he is acting, as the case may be.

(3) The Minister may-

(a) subject to this Act and having regard to the terms and conditions of appointment applicable to members of Boards, determine terms and conditions of appointment (including remuneration and allowances) of a person appointed under this section; and

(b) at any time, terminate such an appointment.

(4) A person appointed under sub-section (1) to act in a vacant office shall not continue so to act after the expiration of a period of 12 months after the occurrence of the vacancy.

(5) The validity of a decision of a Board shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment of a person under this section had ceased to have effect.

REPATRIATION ACT 1920 - SECT. 15D.
Meetings of Repatriation Boards

Inserted by No. 56, 1977, s. 7

SECT

15D. (1) At a meeting of a Board, 2 members form a quorum.

(2) The Chairman shall preside at any meeting of a Board at which he is present and, in the absence of the Chairman from a meeting, the members present shall choose one of their number to preside at that meeting.

(3) Any question that arises at a meeting of a Board, shall be decided by a majority of votes of members present and voting.

REPATRIATION ACT 1920 - SECT. 16.
Suspension and removal of Commissioner or Acting Commissioner

Sub-section (1) amended by No. 22, 1943, s. 9; No. 34, 1950, s. 8

SECT

16. (1) The Minister may suspend a Commissioner or an Acting Commissioner from office for inability, inefficiency or misbehaviour or neglect or failure to carry out any of the provisions of this Act or the regulations.

Substituted by No. 69, 1953, s. 4

SECT

(2) The Minister shall cause to be laid before each House of the Parliament a full statement of the grounds of suspension within seven sitting days of that House after the suspension.

Added by No. 69, 1953, s. 4

SECT

(3) If each House of the Parliament, within fifteen sitting days of that House after the statement has been laid before it, declares by resolution that the Commissioner or Acting Commissioner, as the case may be, ought to be restored to office, he shall forthwith be restored to office by the Minister, and shall be entitled to receive the remuneration of his office for the period of his suspension.

Added by No. 69, 1953, s. 4

SECT

(4) If resolutions of both Houses of the Parliament are not passed in accordance with the last preceding sub-section, the Governor-General shall-

(a) terminate the appointment of the Commissioner or Acting Commissioner;

(b) direct that the suspension of the Commissioner or Acting Commissioner continue for such further period as the Governor-General specifies; or

(c) direct that the suspension of the Commissioner or Acting Commissioner cease.

Added by No. 69, 1953, s. 4

SECT

(5) Where a Commissioner or Acting Commissioner has been suspended from office by the Minister, he is not, unless he is restored to office in pursuance of the provisions of sub-section (3) of this section or the Governor-General otherwise directs, entitled to receive any remuneration in respect of the period for which he has been so suspended or any further period of suspension directed by the Governor-General.

REPATRIATION ACT 1920 - SECT. 17. 
Suspension and removal of member or acting member of Board 
SECT

  17. (1) The Commission may suspend a member or acting member of a Board from
office for inability, inefficiency or misbehaviour or neglect or failure to
carry out any of the provisions of this Act or the regulations.


Substituted by No. 69, 1953, s. 5

SECT

  (2) The Commission shall, within seven days after the suspension, forward to
the Minister a full statement of the grounds of suspension.


Added by No. 69, 1953, s. 5

SECT

  (3) The Governor-General may, on the recommendation of the Minister-



  (a)  terminate the appointment of the member or acting member;



  (b)  direct the suspension of the member or acting member continue for such
further period as the Governor-General specifies; or



  (c)  direct that the suspension of the member or acting member cease.


Added by No. 69, 1953, s. 5

SECT

  (4) Where a member or acting member has been suspended from office by the
Commission, he is not, unless the Governor-General otherwise directs, entitled
to receive any remuneration in respect of the period for which he has been so
suspended or any further period of suspension directed by the
Governor-General.

REPATRIATION ACT 1920 - SECT. 17A.
Delegation by Minister

Inserted by No. 18, 1979, s. 6

SECT

17A. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

(3) A delegation under this section does not prevent the exercise of a power by the Minister.

REPATRIATION ACT 1920 - SECT. 18.
Offices-how vacated

Sub-section (1) substituted by No. 22, 1943, s. 10; amended by No. 34, 1950, s. 9

SECT

18. (1) A Commissioner or an Acting Commissioner shall be deemed to have vacated his office if, without the approval of the Governor-General, he engages, during his term of office, in any paid employment outside the duties of his office.

Inserted by No. 22, 1943, s. 10; amended by No. 34, 1950, s. 9

SECT

(1A) Where a Commissioner or an Acting Commissioner is, with the approval of the Governor-General, appointed to any other office under the Commonwealth or an authority of the Commonwealth, he shall retain all his existing and accruing rights and shall be eligible for any additional rights conferred on Commissioners or Acting Commissioners as if his service in such office were a continuation of his term of office.

Amended by No. 22, 1943, s. 10; No. 34, 1950, s. 9; No. 46, 1961, s. 3; No. 216, 1973, s. 3

SECT

(2) A Commissioner, an Acting Commissioner or a member of a Board shall be deemed to have vacated his office if-

(a) he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

(b) he is wilfully absent from duty, except on leave granted-

(i) in the case of a Commissioner or Acting Commissioner-by the Governor-General; or

(ii) in the case of a member of a Board-by the Minister,

for twenty-one consecutive days or he becomes incapable of performing his duties; or

(c) he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of more than twenty-five persons-

(i) becomes concerned or interested in any contract or agreement made by or on behalf of the Commission; or

(ii) participates, or claims to be entitled to participate, in the profit of any such contract or agreement or in any benefit or emolument arising therefrom.

Amended by No. 22, 1943, s. 10; No. 34, 1950, s. 9; No. 42, 1966, s. 12

SECT

(3) If a Commissioner, an Acting Commissioner or a member of a Board becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Commission, or in any way participates or claims to be entitled to participate in the profit thereof, or in any benefit or emolument arising therefrom, otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons, he shall be guilty of an indictable offence.

Penalty: One thousand dollars, or imprisonment for three years, or both.

REPATRIATION ACT 1920 - SECT. 19.
Uncertificated insolvent not to be Commissioner, Acting Commissioner or
member of Board

Amended by No. 22, 1943, s. 11; No. 34, 1950, s. 10; No. 216, 1973, s. 3

SECT

19. A person who is an uncertificated bankrupt shall be incapable of being appointed Commissioner, Acting Commissioner or member of a Board.

REPATRIATION ACT 1920 - SECT. 20. 
Powers and duties of Boards 
SECT

  20. A Board may exercise such powers and shall perform such duties as are
conferred on it by this Act or as are prescribed.

REPATRIATION ACT 1920 - SECT. 21.

Sub-section (1) amended by No. 22, 1943, s. 12; No. 34, 1950, s. 11; No. 216, 1973, s. 3; No. 56, 1977, s. 8

SECT

21. (1)*3* The Commissioners and the members of the Boards shall not be subject to the Public Service Act 1922-1973, but if an officer of the Public Service of the Commonwealth is appointed Commissioner or member of a Board his service as Commissioner or member of a Board, whether the Board to which he is appointed or another Board, shall, for the purpose of determining his existing or accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and if an officer of the Public Service of a State is appointed Commissioner or member of a Board, his service as Commissioner or member of a Board, whether the Board to which he is appointed or another Board, shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth.

Sub-section (2) omitted by No. 1, 1947, s. 4
*4* * * * * * * *

Section 22 repealed by No. 1, 1947, s. 4
*4* * * * * * * *
*3* Sections 8A, 21 and 63 are amended by section 42 of the Public Service Amendment Act 1978. Sub-section 2(2) of that Act provides that section 42 shall come into operation on a date to be fixed by Proclamation. As at 1 January 1981 no date was fixed for the commencement of section 42, and the amendments made by it are not incorporated in this reprint. Section 42 is set out in the extract from the Public Service Amendment Act 1978 below.

*4* Sections 21(2) and 22 provided for the appointment of officers of the Repatriation Commission; see Division 9C of Part III of the Public Service Act 1922.

REPATRIATION ACT 1920 - SECT. 23. 
Interpretation 
SECT

                               PART  III-PENSIONS

                        Division  1-Grant  of  Pensions

Division heading inserted by No. 14, 1929, s. 4 Amended by No. 23, 1922, s. 3;
No. 14, 1929, s. 5; No. 10, 1931, s. 44; No. 32, 1934, s. 2; No. 58, 1935, s.
4; No. 42, 1937, s. 3; No. 22, 1943, s. 14; No. 34, 1950, s. 12; No. 69, 1953,
s. 6; No. 39, 1955, s. 3; No. 105, 1964, s. 3; No. 66, 1968, s. 4; No. 82,
1972, s. 3; No. 2, 1973, s. 4; No. 27, 1973, s. 9; No. 18, 1979, s. 7; No.
124, 1979, s. 4

SECT

  23. In this Part, unless the contrary intention appears-



   "Child ", in relation to a member of the Forces, means a son, step-son or
adopted son, or a daughter, step-daughter or adopted daughter, of the member-



     (a)  who is under the age of sixteen years; or



     (b)  who-



         (i)  has attained the age of sixteen years;



        (ii)  is receiving full-time education at a school, college or
university; and



        (iii)  is not in receipt of an invalid pension under Part III of the
Social Services Act 1947-1972,



    and includes such a child who is an ex-nuptial child of the member;



   "Dependant"  means, in relation to a member of the Forces whose death or
incapacity has resulted from any occurrence that happened during his war
service-



     (a)  the wife or widow of the member;



     (b)  his widowed mother, if he is her unmarried son;



     (c)  a child of the member;



                    *   *   *   *   *   *   *




SECT



     (e)  any other member of his family who was wholly or partly dependent
upon his earnings at any time within the period of twelve months immediately
preceding his enlistment or appointment;



     (f)  any parent of the member who is, at any time after such an
occurrence that resulted in the member's death, without adequate means of
support;



     (g)  any ex-nuptial child (wholly or partly dependent upon the earnings
of the member at any time within the period of twelve months immediately
preceding his enlistment or appointment) of a son or daughter of the member;
and



     (h)  the parent or grandparent of the member (wholly or partly dependent
upon the earnings of the member at any time within the period of twelve months
immediately preceding his enlistment or appointment) if the member is an
ex-nuptial child;



   "Dependent female ", in relation to a member of the Forces, means a woman
who-



     (a)  is, or was at the time of the member's death, living with the member
as his wife on a permanent and bona fide domestic basis, although not legally
married to him;



     (b)  has, at any time, so lived with him for a continuous period of not
less than three years; and



     (c)  is, or was at the time of the death of the member, wholly or partly
dependent on him;



   "Discharge"  includes termination of appointment;



   "Incapacity"  includes incapacity of a member of the Forces that arose from
disease, not due to the serious default of the member, contracted by him while
employed on war service;



   "Instalment"  means an instalment of a pension;



   "Member of the Forces"  or  "Returned Soldier"  means a person who, during
the present war, was-



     (a)  a member of the Commonwealth Naval or Military Forces enlisted or
appointed for or employed on active service outside Australia or employed on a
ship of war;



     (b)  a member of the Army Medical Corps Nursing Service who was accepted
or appointed by the Director-General of Medical Services for service outside
Australia; or



     (c)  enlisted or appointed for service in connexion with naval or
military preparations or operations;



   "Member of a family"  means wife, father, mother, adoptive father, adoptive
mother, grandfather, grandmother, step-father, step-mother, foster-mother, son
(including an adopted son and an ex-nuptial son), daughter (including an
adopted daughter and an ex-nuptial daughter), grandson, granddaughter,
step-son, step-daughter, brother, sister, half-brother, half-sister,
step-brother, step-sister, adoptive brother, adoptive sister or
mother-in-law;



   "Other dependants"  means dependants of a member of the Forces other than
his wife (or widow) and children;



   "Parents"  includes-





     (a)  the mother of a member of the Forces who was born out of wedlock and
brought up by her,



     (b)  the stepmother or adoptive mother of a member of the Forces who was
brought up by her, and



     (c)  the foster-mother of a member of the Forces;



   "Pension"  means a pension under this Act, and includes a service pension,
and the amounts and allowances specified in the Schedules;



   "Permanently unemployable"  means permanently incapable, by reason of
physical or mental disablement, of being employed in a remunerative occupation
in which, in the opinion of the Commission, he can reasonably be expected to
obtain regular employment;



   "Served in a theatre of war"  means served at sea, in the field or in the
air, in naval, military or aerial operations against the enemy in an area, or
on an aircraft or ship of war, at a time when danger from hostile forces of
the enemy was incurred in that area or on that aircraft or ship of war by the
person so serving;



   "Service pension"  means a pension granted under Division 5 (including that
Division as extended by Division 5A or 5B);



   "Step-son"  or  "Step-daughter ", in relation to a member of the Forces,
means a step-son or step-daughter of a member, being-



     (a)  where the member is or was a male person-a child whose father is
dead; 



     (b)  where the member is or was a female person-a child whose mother is
dead; or



     (c)  a child the marriage of whose parents has been dissolved and in
respect of whom the Commission is satisfied that he or she-



         (i)  is in the custody, care and control of, or is being maintained
by, the member;



        (ii)  if the member is dead, was in the custody, care and control of,
or was being maintained by, the member at the time of the member's death; or



        (iii)  if the member, being a male person, is dead, is in the custody,
care and control of, or is being maintained by, the member's widow;



   "The present war"  means the war which commenced on 4th August, 1914;



   "Unmarried member of the Forces"  does not include a member with respect to
whom a dependent female is receiving a pension;



   "War service"  means the service, during the present war, of a member of
the Forces;



   "Widow"  includes a dependent female of a deceased member;



   "Wife"  includes a dependent female of a living member.

REPATRIATION ACT 1920 - SECT. 24.
Pensions upon death or incapacity

Sub-section (1) amended by No. 10, 1931, s. 45; No. 58, 1935, s. 5; No. 34, 1950, s. 13; No. 69, 1953, s. 7; No. 58, 1959, s. 3; No. 105, 1964, s. 4

SECT

24. (1) Upon the death or incapacity-

(a) of any person, to whom paragraph (a) or (b) of the definition of "Member of the Forces" applies, whose death or incapacity-

(i) results or has resulted from any occurrence that happened during his war service;

(ii) does not arise from intentionally self-inflicted injuries; and

(iii) does not arise from, or from any occurrence that happened during the commission of, any serious breach of discipline by that person; and

(b) of any person to whom paragraph (c) of the definition of "Member of the Forces" applies, whose death or incapacity results or has resulted from his employment in connexion with naval or military preparations or operations,

the Commonwealth shall, subject to this Act, be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with this Division:

Provided that-

(a) a claim for payment of a pension in accordance with this Division is made-

(i) in case of the death of a member of the Forces-by a dependant not more than six months after the date of the death of the member, except in the case of parents who though not dependent upon the earnings of the member at the time of his death are at any time without adequate means of support; and

(ii) in case of the incapacity of a member of the Forces-by the member or a dependant not more than six months after the discharge of the member,

except where the Commission is satisfied that failure to make the claim within the prescribed period was owing to some reason which in the opinion of the Commission is adequate;

(b) the right of any person to payment by way of pension in accordance with this Division shall be substituted for his right to any payment in respect of incapacity or death, which, but for this Act, would have been due under the Defence Act 1903-1918 or the Naval Defence Act 1910-1918, and any right of that person under either of those Acts shall be by force of this Act determined; and

(c) if the member or any of his dependants is entitled to receive, or receives, under-

(i) the law of a country other than the Commonwealth that is or has been a part of the dominions of the Crown; or

(ii) the law of a State,

any payment in respect of incapacity or death resulting from employment in connexion with warlike operations in which the armed forces of the Sovereign have been engaged since the commencement of the present war, the rate or the amount of that payment shall be taken into account in assessing the rate of pension payable under this Act.

Added by No. 34, 1921, s. 2; amended by No. 58, 1935, s. 5; No. 22, 1943, s. 15; No. 34, 1950, s. 13

SECT

(2) Notwithstanding that the origin of the cause of the death or incapacity of a member of the Forces, who, after enlistment with those Forces, served in camp in Australia for at least six months or embarked for active service with those Forces overseas, existed prior to his enlistment, where, in the opinion of a Board-

(a) the incapacity from which the member is suffering or from which he has died has been contributed to in any material degree, or has been aggravated, by the conditions of his war service; and

(b) neither the death or incapacity, nor the origin of the cause of the death or incapacity, was due to the serious default or wilful act of the member,

the Commonwealth shall, subject to this Act, be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with this Division.

Substituted by No. 69, 1953, s. 7

SECT

(3) Where a pension is granted under this Division, the Commission or a Board may, subject to this Act, approve of the payment of the pension from and including a date not earlier than three months before the date of lodgment of the claim for pension.

REPATRIATION ACT 1920 - SECT. 24A.
Death or mental affliction of claimant

Substituted by No. 18, 1979, s. 8

SECT

24A. (1) On the death of a claimant, the legal personal representative of the claimant or, if there is no legal personal representative of the claimant, a person approved by the Commission as a representative of the claimant may, for any purpose in connection with the claim of the claimant, in respect of any period before the death of the claimant, take such action as the claimant could have taken if he had not died and, for that purpose, the legal personal representative, or the person so approved as the representative, of the claimant shall be treated as if he were the claimant.

(2) A person approved by the Commission as the representative of a member of the Forces, or a dependant of a member of the Forces, who is mentally afflicted may-

(a) lodge a claim on behalf of the afflicted person and, for any purpose in connection with that claim, take such action as the afflicted person could have taken if he were not mentally afflicted; or

(b) for any purpose in connection with a claim lodged by the afflicted person, take such action as the afflicted person could have taken if he had not become mentally afflicted,

and, for that purpose, the representative shall be treated as if he were the afflicted person.

(3) In this section, "claim" means a claim for a pension, and includes an application under Part IIIA for a review of a decision of the Commission or a Board, and "claimant" has a corresponding meaning.

REPATRIATION ACT 1920 - SECT. 24AA.
Claim for pension to be in accordance with an approved form

Inserted by No. 56, 1977, s. 9 Sub-section (1) amended by No. 124, 1979, s. 5

SECT

24AA. (1) A claim for pension-

(a) shall be in accordance with an approved form; and

(b) shall be accompanied by such evidence available to the claimant as he considers may support the claim.

(2) Sub-section (1) shall not be taken as imposing any onus of proof on a claimant.

(3) A claim for pension shall be forwarded to the Secretary at the appropriate address prescribed by or under section 123AC.

(4) In this section-

"approved form" means a form approved by the Commission;

"pension" does not include a service pension.

REPATRIATION ACT 1920 - SECT. 24AB.
Investigation of claims, &c.

Inserted by No. 56, 1977, s. 9

SECT

24AB. (1) Where a claim for pension is lodged with the Department, the Secretary shall cause an investigation to be made into the matters to which the claim relates.

(2) Subject to any direction of the Commission under sub-section (2) of section 27, the Secretary shall, after completion of an investigation under sub-section (1) in relation to a claim, cause the claim to be sub-mitted to a Board for its consideration and determination.

(3) A claim submitted to a Board or to the Commission for its consideration and determination shall be accompanied by-

(a) any evidence furnished by the claimant in support of the claim; and

(b) all the records and other documents relevant to the claim that are under the control of the Department, together with a report of the results of the investigation in relation to the claim carried out under sub-section (1).

REPATRIATION ACT 1920 - SECT. 25. 
Special Magistrates 
SECT

  25. (1) The Governor-General may appoint such Special Magistrates of the
Commonwealth as he thinks necessary for the purposes of this Act.


Amended by No. 34, 1950, s. 14

SECT

  (2) The persons for the time being holding office as Special Magistrates
under the Social Services Consolidation Act 1947-19505 shall be deemed to have
been appointed to the offices under this Act corresponding respectively to the
offices held by them under that Act.


Added by No. 34, 1950, s. 14

SECT

  (3) A Special Magistrate appointed or deemed to have been appointed under
this section shall have such powers, duties and functions as are conferred or
imposed upon him by the regulations.

REPATRIATION ACT 1920 - SECT. 26. 
Powers of Commission and Boards 
SECT

  26. (1) The Chairman of the Commission or of a Board may-



  (a)  summon witnesses;



  (b)  take evidence on oath; and



  (c)  require the production of documents.


Substituted by No. 34, 1950, s. 15; amended by No. 42, 1966, s. 12

SECT

  (2) A person who has been summoned to appear as a witness before the
Commission or a Board shall not, without reasonable excuse, and after tender
of reasonable expenses, fail to appear in answer to the summons.


  Penalty: Forty dollars.


Substituted by No. 34, 1950, s. 15; amended by No. 42, 1966, s. 12

SECT

  (3) A person who appears before the Commission or a Board as a witness in
answer to a summons shall not, without reasonable excuse, refuse to be sworn.


  Penalty: One hundred dollars.


Added by No. 34, 1950, s. 15

SECT

  (4) A person who appears before the Commission or a Board as a witness
otherwise than in answer to a summons may be requested by the Commission or
the Board to give evidence on oath, and, if he declines to be sworn, his
evidence shall not be received.


Added by No. 34, 1950, s. 15; amended by No. 42, 1966, s. 12

SECT

  (5) A person who has been sworn as a witness before the Commission or a
Board shall not, without reasonable excuse, refuse to produce documents or to
answer truthfully questions which he is required to answer.


  Penalty: One hundred dollars.


Added by No. 34, 1950, s. 15

SECT

  (6) Whenever a witness to be examined before the Commission or a Board
conscientiously objects to take an oath, he may, instead of taking the oath,
make an affirmation that he conscientiously objects to take an oath and that
he will state the truth, the whole truth and nothing but the truth, to all
questions asked him, and an affirmation so made shall be of the same force and
effect, and shall entail the same liabilities, as an oath.


Added by No. 34, 1950, s. 15

SECT

  (7) In this section,  "reasonable excuse"  means, in relation to an act or
omission, an excuse that would excuse an act or omission of a similar nature
by a witness or a person summoned as a witness before a court of law.

REPATRIATION ACT 1920 - SECT. 27.
Duties of Boards

Sub-section (1) amended by No. 32, 1934, s. 3; No. 58, 1935, s. 6; No. 37, 1940, s. 4; No. 22, 1943, ss. 16 and 52; No. 34, 1950, s. 16; No. 27, 1973, s. 9; No. 129, 1978, s. 5

SECT

27. (1) Each Board shall be charged with the duties of-

(a) determining whether the incapacity from which a member of the Forces is suffering or from which he has died-

(i) in fact resulted from an occurrence that happened during his war service;

(ii) in fact resulted from his employment in connexion with naval or military preparations or operations;

(iii) arose out of or is attributable to his war service; or

(iv) has been contributed to in any material degree, or has been aggravated, by the conditions of his war service,

and in the case of incapacity the nature and extent thereof;

* * * * * * * *

SECT

(c) determining the extent to which persons alleged to be dependent upon a member of the Forces were in fact so dependent;

(d) assessing, from time to time, the rates of pensions of members of the Forces and their dependants, and determining the dates of the commencement and cessation of such pensions;

(e) determining, in such cases as the Board thinks proper, that payment of pension shall be suspended and fixing the date of any such suspension;

(f) determining the date of re-commencement of payment of a pension which has been suspended;

(g) determining whether a member of the Forces served in a theatre of war;

(h) determining whether a member of the Forces has reached an age specified in section 84 in relation to such a member; and

* * * * * * * *

SECT

(j) determining whether a member of the Forces is permanently unemployable.

Substituted by No. 58, 1935, s. 6

SECT

(2) The Commission may, in such cases as it thinks fit, make any determination or assessment specified in paragraphs (a) to (j) (inclusive) of the last preceding sub-section, and may, at any time, direct that any particular case or cases of a particular class be referred to it for assessment or determination.

REPATRIATION ACT 1920 - SECT. 28. 
Appeal to Commission 
SECT

  28. An appeal shall lie to the Commission from any assessment or
determination of a Board under this Part.

REPATRIATION ACT 1920 - SECT. 29.
Date of operation of determination of Commission on appeal

Inserted by No. 10, 1931, s. 46 Sub-section (1) amended by No. 22, 1943, s. 17; No. 75, 1962, s. 3; No. 47, 1963, s. 3; No. 18, 1979, s. 9

SECT

29. (1) Where a claim for pension has been rejected and upon subsequent application or appeal to the Commission, being an appeal from a determination of a Board lodged later than three months after the service on the claimant, in accordance with section 47A, of a copy of the determination, a pension is granted to the claimant, the pension shall not be payable in respect of any period prior to the period of six months immediately preceding the date of lodgment of the application or appeal upon which the pension was granted.

Sub-section (2) omitted by No. 18, 1979, s. 9
* * * * * * * *

REPATRIATION ACT 1920 - SECT. 30.
Re-grant of cancelled pension

Inserted by No. 10, 1931, s. 46 Sub-section (1) amended by No. 32, 1934, s. 4; No. 22, 1943, s. 18

SECT

30. (1) Where a pension has been cancelled and the pensioner, upon an application for re-instatement 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 date of the commencement of the period of six months immediately preceding the date of the latest application for re-instatement.

Amended by No. 32, 1934, s. 4; No. 22, 1943, s. 18

SECT

(2) Where a pension has been voluntarily relinquished either wholly or in part and the pensioner applies for the restoration of the pension or part thereof so relinquished, the pension or part thereof shall, subject to this Act, be restored, but the restoration shall not operate in respect of any period prior to the date of the commencement of the period of six months immediately preceding the date of the latest application.

REPATRIATION ACT 1920 - SECT. 31.
Review by Commission

Sub-section (1) amended by No. 58, 1935, s. 7; No. 34, 1950, s. 17; No. 18, 1979, s. 10

SECT

31. (1) Whenever it appears to the Commission that, under this Act, sufficient reason exists for reviewing any assessment, decision or determination in relation to pension (other than a service pension) the Commission may review the assessment, decision or determination.

Added by No. 34, 1950, s. 17

SECT

(2) Whenever, in pursuance of the last preceding sub-section, the Commission reviews an assessment, decision or determination, and varies or revokes the assessment, decision or determination, as the case may be, the Commission shall specify the date from which the variation or revocation shall operate and it shall operate accordingly.

Added by No. 18, 1979, s. 10

SECT

(3) This section-

(a) does not apply in relation to-

(i) a decision of the Repatriation Review Tribunal referred to in section 107VZB;

(ii) a decision of the Administrative Appeals Tribunal referred to in section 107VZB in its application by virtue of section 107VZZE;

(iii) a decision of the Repatriation Review Tribunal referred to in sub-section (1) of section 107VZC that is binding on the Commission by reason that the appropriate period specified in that sub-section has not expired; or

(iv) a decision of the Administrative Appeals Tribunal referred to in sub-section (1) of section 107VZC, in its application by virtue of section 107VZZE, that is binding on the Commission by reason that the appropriate period specified in that sub-section has not expired; and

(b) subject to section 107VJ and sub-section (2) of section 107VZC, does not apply in relation to an assessment made by a decision to which sub-paragraph (iii) or (iv) of paragraph (a) applies.

REPATRIATION ACT 1920 - SECT. 32.
Failure of pensioner to attend at review

Amended by No. 32, 1934, s. 5; No. 58, 1935, s. 8; No. 34, 1950, s. 10

SECT

32. Where any assessment, decision or determination in relation to the pension payable to a member of the Forces under this Division is to be reviewed, and the member refuses or fails to attend at the time and place fixed by the Commission or a Board for the review, or by his default renders it impossible to review the assessment, decision or determination, the Commission may cancel the pension, and any pensions payable under this Division to the dependants of the member shall not be continued for more than twelve months from the date fixed for the review:

Provided that, where, in the opinion of the Commission, the incapacity of the member is of a permanent nature, the Commission may continue the pension to any dependant for such period as it thinks proper.

Section 33 repealed by No. 34, 1950, s. 19
* * * * * * * *

REPATRIATION ACT 1920 - SECT. 34.
Suspension and forfeiture of pension where pensioner imprisoned Substituted
by

No. 69, 1953, s. 8

SECT

34. (1) If a pensioner is convicted of an offence and sentenced to a period of imprisonment, the Commission may order the suspension or forfeiture of all instalments of the pension accruing due during the period for which he is imprisoned or a part of that period.

                                  -----------

REPATRIATION ACT 1920 - SCHEDULE 3

Heading to Schedule 3 (formerly Third Schedule) substituted by No. 104, 1973, s. 28

SCH

SCHEDULE 3

Table A substituted by No. 47, 1963, s. 24; amended by No. 42, 1966, s. 12; No. 64, 1967, s. 3; No. 66, 1968, s. 14; No. 60, 1970, s. 7; No. 68, 1971, s. 6; No. 82, 1972, s. 21; No. 2, 1973, s. 22; No. 27, 1973, s. 9; No. 104, 1973, s. 25; No. 90, 1974, s. 21; No. 124, 1979, s. 16; No. 129, 1980, s. 10

SCH

TABLE A

PENSIONS PAYABLE IN THE CASE OF DEATH OF A MEMBER OF THE FORCES

------------------------------------------------------------------------------ --
Class of Person Eligible for Pension Rate of Pension Payable ------------------------------------------------------------------------------ --
Widow of the member . . . . . . . . . The rate specified in Column 2 of the
table in Schedule 1
Widowed mother of-
(a) unmarried member; or
(b) unmarried member who was born
out of wedlock and who was brought up
by her,
who became a widow before, or within
three years after, the death of the
member
Unmarried mother of an unmarried
member who was brought up by her The rate specified in Column 1 of the
table in Schedule 1, or, in prescribed
cases, where the dependant is not in
receipt of an age pension, an invalid
pension or a widow's pension under the
Social Services Act 1947-1963, such rate as is assessed, being a rate that does
not exceed the total of the rate
specified in Column 1 of the table in
Schedule 1 and the rate per fortnight of age pension that would be payable to the dependant if the dependant were entitled to an age pension and that pension were
payable at the maximum rate applicable
to the dependant under sub-section (1A)
of section 28 of the Social Services Act 1947-1963

Child of the member-
(a) where (in the case of a child
other than an ex-nuptial child) both
the member and the wife or husband of
the member are dead $55.20 per fortnight
(b) where the last preceding
paragraph does not apply in relation
to the child and the Commission is
satisfied that the child is not being
maintained by a parent, adoptive
parent or step-parent of the child $55.20 per fortnight
(c) in any other case $27.60 per fortnight

Widower or any other dependant of the
member (a) Subject to the succeeding
paragraphs of this item, such rate as is assessed, being a rate that does not
exceed the rate specified in Column 1 of the table in Schedule 1
(b) In prescribed cases, where the
dependant is a parent of the member and
is not in receipt of an age pension, an
invalid pension, a widow's pension or a
wife's pension under the Social Services Act 1947-1972, such rate as is assessed, being a rate that does not exceed the
total of the rate specified in Column 1
of the table in Schedule 1 and the rate
per fortnight of age pension that would
be payable to the dependant if the
dependant were entitled to age pension
and that pension were payable at the
maximum rate applicable to the dependant under sub-section (1A) of section 28 of
the Social Services Act 1947-1963
(c) Where there is more than one
dependant, none being a parent of a
prescribed class, the aggregate amount
payable in respect of those dependants
shall not exceed the rate specified in
Column 1 of the table in Schedule 1 plus $4 per fortnight
(d) Where there is more than one
dependant, including a parent of a
prescribed class, the aggregate amount
payable in respect of those dependants
shall not exceed the maximum rate that
may be assessed under paragraph (b) of
this item in respect of a parent to whom that paragraph applies plus-
(i) where another parent of a
prescribed class is included-the rate
per fortnight of age pension that would
be payable to the dependant if the
dependant were entitled to an age
pension and that pension were payable at the maximum rate applicable to the
dependant under sub-section (1A) of
section 28 of the Social Services Act
1947-1963, plus $4 per fortnight; or
(ii) in any other case-$4 per
fortnight
------------------------------------------------------------------------------ --
Substituted by No. 58, 1952, s. 19; amended by No. 47, 1958, s. 20; No. 62,

SCH

1964, s. 6; No. 42, 1966, s. 12; No. 2, 1973, s. 22; No. 104, 1973, ss. 25 and
28
TABLE B

PENSIONS PAYABLE IN THE CASE OF TOTAL INCAPACITY OF A MEMBER OF THE
FORCES

------------------------------------------------------------------------------ --
Class of Person Eligible for Pension Rate of Pension Payable ------------------------------------------------------------------------------ --
Member of the Forces-
General Rate . . . . . . . . . . . . The rate specified in Column 3 of the
table in Schedule 1
Special Rate . . . . . . . . . . . . The rate specified in, or assessed in
accordance with, Schedule 2 in the cases to which the provisions of that Schedule are applicable
Wife or husband of the member . . . . $8.10 per fortnight
Child of the member . . . . . . . . . $2.75 per fortnight
Any other dependant of the member . . (a) Subject to the next succeeding
paragraph, such rate, not exceeding the
rate specified in Column 1 of the table
in Schedule 1, as is assessed
(b) The aggregate amount payable in
respect of dependants of this class
shall not exceed the rate so specified
plus $4 per fortnight
------------------------------------------------------------------------------ --
Substituted by No. 34, 1950, s. 57; amended by No. 104, 1973, s. 28

SCH

TABLE C

PENSIONS PAYABLE IN CASES OF PARTIAL OR SPECIFIC INCAPACITY OF MEMBERS OF THE FORCES

------------------------------------------------------------------------------ --
Class of Person Eligible for Pension Rate of Pension Payable
------------------------------------------------------------------------------ --
Member or dependant . . . . . . . . . Such rate, being less than the rate or
the maximum rate, as the case may be,
prescribed by Table B of this Schedule,
as is assessed, having regard to the
nature and probable duration of the
incapacity, or in accordance with
Schedules 4 and 5 in the cases to which
those Schedules apply
------------------------------------------------------------------------------ --
-----------

REPATRIATION ACT 1920 - SCHEDULE 4

Heading to Schedule 4 (formerly Fourth Schedule) substituted by No. 104, 1973, s. 28; Schedule 4 amended by No. 23, 1922, s. 6; No. 55, 1938, s. 3; No. 34, 1950, s. 58; No. 39, 1955, s. 26; No. 27, 1973, s. 9; No. 104, 1973, s. 28

SCH

SCHEDULE 4

The rate of pension payable to a member of the Forces who is incapacitated by
reason of a disability specified in the first column of this Schedule is a rate
equal to such percentage of the General Rate of pension to which the member
would be entitled under Schedule 3 if he were totally incapacitated as is set
out in the second column of this Schedule opposite to the description of the
disability.

------------------------------------------------------------------------------ --
Description of Disability Percentage of General
Rate
------------------------------------------------------------------------------ --
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 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
Lunacy . . . . . . . . . . . . . . . . . . . . . . . 100
Wounds, injuries, or disease, involving total
permanent disabling effects . . . . . . . . . . . . 100
Very severe facial disfigurement . . . . . . . . . . 100
Amputation 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 . . . . . . . . . . . . . . . . 100
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 . . . . . . . . . . . . . . . . . . . 100
Loss of vision in one eye . . . . . . . . . . . . . 50
------------------------------------------------------------------------------ --
For the purposes of this Schedule a leg, foot, hand, arm or eye is deemed to
be lost if it is rendered permanently and wholly useless.

-----------

REPATRIATION ACT 1920 - SCHEDULE 5

Schedule 5 (formerly Fifth Schedule) substituted by No. 34, 1950, s. 59; Heading to Schedule 5 substituted by No. 104, 1973, s. 28; Schedule 5 amended by No. 31, 1951, s. 11; No. 58, 1952, s. 20; No. 69, 1953, s. 26; No. 31, 1954, s. 17; No. 39, 1955, s. 27; No. 44, 1957, s. 6; No. 47, 1958, s. 21; No. 58, 1959, s. 10; No. 44, 1960, s. 9; No. 46, 1961, s. 12; No. 47, 1963, s. 25; No. 62, 1964, s. 7; No. 64, 1965, s. 13; No. 42, 1966, s. 11; No. 66, 1968, s. 15; No. 95, 1969, s. 8; No. 60, 1970, s. 8; No. 17, 1971, s. 8; No. 68, 1971, s. 7; No. 15, 1972, s. 8; No. 82, 1972, s. 22; No. 2, 1973, s. 23; No. 27, 1973, s. 9; No. 104, 1973, ss. 26 and 28; No. 3, 1974, s. 13; No. 90, 1974, s. 22; No. 35, 1975, s. 12; No. 111, 1975, s. 9; No. 27, 1976, s. 6; No. 112, 1976, s. 22; No. 129, 1978, s. 22; No. 124, 1979, s. 17; No. 129, 1980, s. 11

SCH

SCHEDULE 5

1. Where a member of the Forces is suffering from a disability described in
Column 1 of the following table, the amount and the rate of allowance (if any)
specified, in relation to that disability, in Columns 2 and 3, respectively, of
the table shall, subject to this Act, be payable in addition to the pension
payable under Schedule 4.

------------------------------------------------------------------------------ --
Column 1 Column 2 Column 3
Description of Disability Amount Allowance ------------------------------------------------------------------------------ --
$ $ per per fortnight fortnight
Two arms amputated . . . . . . . . . . . . . . . . . . . . 126.90 77.30 Two legs and one arm amputated . . . . . . . . . . . . . . 126.90 38.64 Two legs amputated above the knee . . . . . . . . . . . . . 126.90 38.64 Two legs amputated and loss of eye . . . . . . . . . . . . 126.90 . . One arm and one leg amputated and one eye destroyed . . . . 126.90 . . One leg and one arm amputated . . . . . . . . . . . . . . . 126.90 . . One leg amputated above, and one leg amputated below, the
knee . . . . . . . . . . . . . . . . . . . . . . . . . . . 51.60 . . Two legs amputated below the knee . . . . . . . . . . . . . 34.80 . . One arm amputated and one eye destroyed . . . . . . . . . . 30.00 . . One leg amputated and one eye destroyed . . . . . . . . . . 30.00 . . One leg amputated above the knee . . . . . . . . . . . . . 14.90 . . One leg amputated below the knee . . . . . . . . . . . . . 7.90 . . One arm amputated above the elbow . . . . . . . . . . . . . 14.90 . . One arm amputated below the elbow . . . . . . . . . . . . . 7.90 . . Loss of vision in one eye . . . . . . . . . . . . . . . . . 11.60 . . ------------------------------------------------------------------------------ --
2. For the purposes of this Schedule-

(i) amputation below the knee or below the elbow shall, where the knee or
elbow action is lost, be deemed to be amputation above the knee or above the
elbow, as the case may be;

(ii) amputation of a foot shall be deemed to be amputation of a leg below the knee;

(iii) amputation of a hand shall be deemed to be amputation of an arm below
the elbow; and

(iv) a leg, foot, hand or arm shall be deemed to have been amputated, and an
eye shall be deemed to have been lost or destroyed, if it has been rendered
permanently and wholly useless.

3. The allowance specified in Column 3 of the table in paragraph 1 of this
Schedule in relation to the first two disabilities described in Column 1 of that table shall be payable for an attendant and the allowance specified in Column 3
of that table in relation to the third disability described in Column 1 of that
table shall be payable for an attendant in those cases only where two legs have
been amputated either at the hip or one at the hip and the other in the upper
third.

4. Where a member of the Forces is maintained in an establishment at the
public expense, an allowance for an attendant shall cease to be payable as from
the first day upon which a periodical payment of pension is made after the date
of his admission to the establishment and, thereafter, shall not be payable
while he remains in the establishment.

5. A person shall not be entitled to receive a benefit under both Schedule 2
and this Schedule at one and the same time.

6. Where the total amount per fortnight of pension payable under this Act to a member of the Forces referred to in paragraph 6 of Schedule 1 would, but for
this paragraph, by reason of the payment to him in accordance with this Schedule of an amount per fortnight specified in column 2 of the table in paragraph 1 of
this Schedule, exceed the amount per fortnight set out in Schedule 2 as the Rate for Special Pensions, the amount per fortnight payable to him under this
Schedule shall be reduced by the amount of the excess.

-----------

Schedule 6 repealed by No. 3, 1974, s. 14; Schedule 7 repealed by No. 112, 1976, s. 23
* * * * * * * *

SCH

-----------

------------------------------------------------------------------------------ --
July 1975 (see s. 2 (1) and Gazette 1975, No. S122, p. 1) Remainder: Royal Assent - Repatriation Acts Amendment Act (No. 2) 1975 111, 1975 27 Oct 1975 27 Oct 1975 S. 13 Repatriation Acts Amendment Act 1976 27, 1976 30 Apr 1976 30 Apr 1976 S. 10 Administrative Changes (Consequential Provisions) Act 1976 91, 1976 20 Sept 1976 20 Sept 1976 (n) S. 4 Repatriation Acts Amendment Act (No. 2) 1976 112, 1976 29 Oct 1976 Ss. 7-11, 14-16, 19 and 23: 25 Nov 1976 Remainder: Royal Assent Ss. 24, 25 and 30 Repatriation Acts Amendment Act 1977 56, 1977 16 June 1977 Ss. 1-3 and 12: Royal Assent Remainder: 1 Oct 1977 Ss. 7 (2) and 12 (2) Repatriation Acts Amendment Act 1978 129, 1978 26 Oct 1978 Ss. 5-11, 13, 17, 20-22, 24, 27, 31, 33, 34, 36 and 37-42: 1 Nov 1978 Remainder: Royal Assent Ss. 12 (2) and (3), 19 (2) and 37-42 Public Service Amendment Act 1978 170, 1978 28 Nov 1978 S. 42: (see Note 3) - Repatriation Acts Amendment Act 1979 18, 1979 28 Mar 1979 Ss. 1-3, 4 (a) and 26: Royal Assent Remainder: 1 July 1979 Ss. 47-52 Repatriation Acts Amendment Act (No. 2) 1979 124, 1979 29 Oct 1979 S. 13: 1 Nov 1979 Ss. 6 and 20: 2 Nov 1979 S. 11: (see Note 7) Remainder: Royal Assent S. 22 Repatriation Acts Amendment Act 1980 129, 1980 19 Sept 1980 Ss. 1-3, 4 (1), 5, 12, 14 and 16: Royal Assent S. 8: 1 Jan 1981 Remainder: 1 Nov 1980 Ss. 6 (2)-(4) and 16 ---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976. (b) The Financial Emergency Act 1931, the Financial Emergency Act (No. 2) 1931 and the Financial Relief Act (No. 2) 1936 were repealed by section 12 of the Statute Law Revision Act 1950. That section provides that the repeals do not affect the operation of any amendment made by a repealed Act or any provision made by it for the citation of an Act as so amended. (c) Sub-section 13 (2) of the Australian Soldiers' Repatriation Act 1934 provides as follows: "(2) The amendments effected by paragraphs (a) and (b), and paragraph (d) inserted in the proviso to the Fifth Schedule to the Principal Act by paragraph (e), of sub-section (1) of this section shall be deemed to have commenced on the eighteenth day of October One thousand nine hundred and twenty-two." (d) Sub-section 8 (2) of the Australian Soldiers' Repatriation Act 1941 provides as follows: "(2) This section, except to the extent to which it inserts paragraph (f) in section sixty of the Principal Act, shall be deemed to have come into operation on the first day of July, One thousand nine hundred and forty-one, and, to the extent to which it inserts paragraph (f) in section sixty of the Principal Act, shall be deemed to have come into operation on the first day of November, One thousand nine hundred and forty-one." (e) Section 2 of the Australian Soldiers' Repatriation Act 1950 specifies the following dates for the commencement of certain amendments: The amendments made by sections 12 (a) and (f), 20-23, 33 (a) and (c), 36, 37 and 55-61: 2 November 1950. The amendments made by section 33 (b): 13 July 1950. Section 45 (2) inserted in the Principal Act by section 25: 2 November 1950. Sections 42, 44 and 50 inserted in the Principal Act by sections 24, 25 and 28 respectively: 27 June 1950. (f) Sub-sections 3 (3), 19 (2) and 21 (2) of the Repatriation Act 1953 provide as follows: "3. (3) The amendment effected by paragraph (a) of sub-section (1) of this section shall be deemed to have come into operation on the second day of October, One thousand nine hundred and fifty-two." "19. (2) The amendment effected by the last preceding sub-section shall be deemed to have come into operation on the second day of October, One thousand nine hundred and fifty-two." "21. (2) The amendment effected by the last preceding sub-section shall be deemed to have come into operation on the twenty-seventh day of June, One thousand nine hundred and fifty." (g) Sub-section 2 (2) of the Repatriation Act 1963 provides as follows: "(2) The amendment effected by paragraph (a) of section ten of this Act shall come into operation on the date fixed under sub-section (2) of section two of the Social Services Act 1963." The date fixed was 7 November 1963 (see Gazette 1963, p. 3863). (h) By sub-section 2 (2) of the Repatriation Act (No. 2) 1964, the amendment made by section 19 (1)(b) of that Act commenced on a date fixed by Proclamation. The date fixed was 6 August 1965 (see Gazette 1965, p. 3401). (j) The Salaries Act 1968 was repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeal does not affect the operation of any amendment made by the repealed Act or any provision made by it for the citation of an Act as so amended. (k) By section 2 of the Salaries Act 1968, the amendments made by that Act were deemed to have taken effect on 1 December 1968. (l) By virtue of section 24 of the Repatriation Act 1973 the amendments made by sections 20, 21 and 23 of that Act were deemed to have come into operation on 7 December 1972. (m) By virtue of sub-section 13 (1) (a) of the Repatriation Acts Amendment Act 1975 the amendments made by Part II (in so far as they affect instalments of pensions) of that Act were deemed to have come into operation on 8 May 1975. (n) By virtue of sub-section 2 (7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendments made by that Act to the Repatriation Act 1920 are deemed to have come into operation on 22 December 1975.

REPATRIATION ACT 1920 - EXTRACT FROM PUBLIC SERVICE AMENDMENT ACT 1978 
Amendments of Repatriation Act 1920 
SECT

              EXTRACT  FROM  PUBLIC  SERVICE  AMENDMENT  ACT 1978

   42. (1) Section 8A of the Repatriation Act 1920 is amended-



  (a)  by omitting from paragraph (d)  "and "; and



  (b)  by omitting paragraph (e) and substituting the following paragraphs:



     "(e)  subject to this section, the provisions of this Act other than the
provisions of section 9 apply to and in relation to him as chairman of the
Commission; and      "(f)  the provisions of Part IV of the Public Service Act
1922 do not apply to or in relation to him in respect of his appointment as
chairman of the Commission. ".


  (2) Section 21 of the Repatriation Act 1920 is amended-



  (a)  by omitting from sub-section (1) all the words from and including  "The
Commissioners"  to and including  "and if an officer"  and substituting  "If
an officer "; and



  (b)  by omitting from that sub-section  "Public Service of the Commonwealth"
(last occurring) and substituting  "Australian Public Service ".


  (z)(3) Section 63 of the Repatriation Act 1920 is amended-



  (a)  by omitting from sub-section (1) all the words from and including  "The
members"  to and including  "but if"  and substituting  "If "; and



  (b)  by omitting from that sub-section  "Public Service of the Commonwealth"
(wherever occurring) and substituting  "Australian Public Service ".


                                    --------



                               NOTE  TO  EXTRACT



  (z) Section 63 has since been repealed by section 15 of the Repatriation
Acts Amendment Act 1979.

REPATRIATION ACT 1920 - EXTRACT FROM REPATRIATION ACTS AMENDMENT ACT (No. 2) 
1979 Service pensioner in a public institution 
SECT

        EXTRACT  FROM  REPATRIATION  ACTS  AMENDMENT  ACT  (No. 2)  1979   11.
(1) Section 95 of the Principal Act is repealed and the following section
substituted:



   "95. (1) In this section-



  'pensioner contribution' means an amount per annum equal to the product of
364 and an amount equal to the amount in force, from time to time, for the
purposes of sub-paragraph (iii) of paragraph (b) of sub-section (2) of section
47 of the National Health Act 1953, or, if that product is not a multiple of
$2.60, the next lower amount that is such a multiple;



  'service pension' includes an allowance under section 98A;



  'wife's portion', in relation to a male service pensioner in relation to
whose income sub-section (2) of section 87 applies and the maximum rate of
whose service pension is increased by reason of the operation of sub-section
(1B) or (1F) of section 28 of the Social Services Act 1947 in its application
for the purposes of this Division, means the amount per annum by which the
amount per annum of his service pension is greater than the amount that, but
for the operation of those sub-sections, would be the amount per annum of his
service pension.


   "(2) If an applicant for service pension is, or a service pensioner
becomes, an inmate of a benevolent home, his service pension shall, so long as
he remains an inmate of a benevolent home, be dealt with as follows:



  (a)  in the case of a male service pensioner referred to in the definition
of 'wife's portion' in sub-section (1)-there shall be paid to his wife so much
of his service pension as does not exceed the wife's portion in relation to
him;



  (b)  there shall be paid to the person controlling the benevolent home for
the maintenance of the service pensioner in the benevolent home so much of his
service pension, or so much of the remainder of his service pension after
deducting any wife's portion, as does not exceed the pensioner contribution in
relation to him;



  (c)  the balance (if any) of his service pension shall be paid to the
service pensioner.


   "(3) A service pension dealt with in accordance with sub-section (2) shall
be so dealt with-



  (a)  where it is granted in pursuance of an application made by a person who
is an inmate as specified in sub-section (2)-as from the date of the
application; and



  (b)  where a service pensioner becomes such an inmate-on and after the first
pension pay day after he becomes such an inmate.


   "(4) This section does not apply to a member of the Forces who is suffering
from pulmonary tuberculosis and is undergoing treatment for that disease in a
benevolent home. ".


  (2) Subject to sub-section (4), where a service pensioner was, immediately
before the commencement of this section, a service pensioner to whom section
95 of the Principal Act applied, that section continues to apply, after the
commencement of this section, in relation to that service pensioner so long as
that service pensioner remains an inmate of a benevolent home.


  (3)  For the purposes of section 95 of the Principal Act in its application
in relation to a service pensioner by virtue of sub-section (2) of this
section-



  (a)  the reference in sub-paragraph (1A) (a) (i) of that section to the
maximum rate of age pension specified in paragraph (a) of sub-section (1A) of
section 28 of the Social Services Act 1947 shall be read as a reference to
that maximum rate as in force on the date of commencement of this section;



  (b)  the reference in sub-paragraph (1A) (a) (ii) of that section to the
maximum rate of supplementary assistance specified in paragraph (d) of
sub-section (3) of section 30A of the Social Services Act 1947 shall be read
as a reference to that maximum rate as in force on the date of commencement of
this section; and



  (c)  the reference in paragraph (1A) (aa) of that section to sub-section
(1B) or sub-section (1F) of section 28 of the Social Services Act 1947 shall
be read as a reference to sub-section (1B) or sub-section (1F), as the case
may be, of that section as in force from time to time.


  (4) When the application, by virtue of sub-section (2) of this section, of
section 95 of the Principal Act in relation to a service pensioner results in
there being payable to the person controlling the benevolent home for the
maintenance of the service pensioner in the benevolent home an amount not less
than the pensioner contribution, within the meaning of section 95 of the
Repatriation Act 1920, in relation to the service pensioner, then-



  (a)  section 95 of the Repatriation Act 1920 applies in relation to the
service pensioner; and



  (b)  section 95 of the Principal Act ceases to apply in relation to the
service pensioner.

Actions

Download as PDF Download as Word Document

Citations

Repatriation Act 1920 (Cth)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

Repatriation Act 1920 (Cth)

REPATRIATION ACT 1920 - Incorporating all amendments by legislation made to 1 January 1981 (to the extent that the legislation has come into operation by that date) - Reprinted as at 1 January 1981 (HISTACT CHAP 157 #DATE 01:01:1981)

REPATRIATION ACT 1920 - TABLE OF PROVISIONS

TABLE

REPATRIATION ACT 1920 - LONG TITLE

SECT

REPATRIATION ACT 1920 - SECT. 1. Short title

SECT

REPATRIATION ACT 1920 - SECT. 2. Commencement

SECT

REPATRIATION ACT 1920 - SECT. 5. Extension of Act to Territories

SECT

REPATRIATION ACT 1920 - SECT. 6. Interpretation

SECT

SECT

SECT

REPATRIATION ACT 1920 - SECT. 7. Commission

SECT

SECT

REPATRIATION ACT 1920 - SECT. 8. Members of Commission

SECT

SECT

SECT

SECT

SECT

SECT

SECT

REPATRIATION ACT 1920 - SECT. 8A. Appointment of Secretary as Chairman of the Commission

SECT

REPATRIATION ACT 1920 - SECT. 8B. Appointment to act as Chairman and Secretary

SECT

SECT

REPATRIATION ACT 1920 - SECT. 9. Remuneration of Commissioners

SECT

REPATRIATION ACT 1920 - SECT. 10. Term of office of Commissioners

SECT

SECT

REPATRIATION ACT 1920 - SECT. 11. Powers and duties of Commission

SECT

SECT

REPATRIATION ACT 1920 - SECT. 12. Delegation by Commission

SECT

REPATRIATION ACT 1920 - SECT. 14. Repatriation Boards

SECT

REPATRIATION ACT 1920 - SECT. 15. Boards to consult and co-operate with Commission

SECT

SECT

REPATRIATION ACT 1920 - SECT. 15A. Variation of constitution of Board

SECT

REPATRIATION ACT 1920 - SECT. 15B. Remuneration and allowances of members of Repatriation Boards

SECT

REPATRIATION ACT 1920 - SECT. 15C. Acting members of Boards

SECT

REPATRIATION ACT 1920 - SECT. 15D. Meetings of Repatriation Boards

SECT

REPATRIATION ACT 1920 - SECT. 16. Suspension and removal of Commissioner or Acting Commissioner

SECT

SECT

SECT

SECT

SECT

REPATRIATION ACT 1920 - SECT. 17. Suspension and removal of member or acting member of Board

SECT

SECT

SECT

SECT

REPATRIATION ACT 1920 - SECT. 17A. Delegation by Minister

SECT

REPATRIATION ACT 1920 - SECT. 18. Offices-how vacated

SECT

SECT

SECT

SECT

REPATRIATION ACT 1920 - SECT. 19. Uncertificated insolvent not to be Commissioner, Acting Commissioner or member of Board

SECT

REPATRIATION ACT 1920 - SECT. 20. Powers and duties of Boards

SECT

REPATRIATION ACT 1920 - SECT. 21.

SECT

REPATRIATION ACT 1920 - SECT. 23. Interpretation

REPATRIATION ACT 1920 - Incorporating all amendments by legislation made to 1
January 1981 (to the extent that the legislation has come into operation by
that date)
- Reprinted as at 1 January 1981 (HISTACT CHAP 157 #DATE 01:01:1981)

REPATRIATION ACT 1920 - SECT. 1.
Short title

REPATRIATION ACT 1920 - SECT. 2.
Commencement

REPATRIATION ACT 1920 - SECT. 5.
Extension of Act to Territories

REPATRIATION ACT 1920 - SECT. 6.
Interpretation

REPATRIATION ACT 1920 - SECT. 7.
Commission

REPATRIATION ACT 1920 - SECT. 8.
Members of Commission

REPATRIATION ACT 1920 - SECT. 8A.
Appointment of Secretary as Chairman of the Commission

REPATRIATION ACT 1920 - SECT. 8B.
Appointment to act as Chairman and Secretary

REPATRIATION ACT 1920 - SECT. 9.
Remuneration of Commissioners

REPATRIATION ACT 1920 - SECT. 10.
Term of office of Commissioners

REPATRIATION ACT 1920 - SECT. 11.
Powers and duties of Commission

REPATRIATION ACT 1920 - SECT. 12.
Delegation by Commission

REPATRIATION ACT 1920 - SECT. 14.
Repatriation Boards

REPATRIATION ACT 1920 - SECT. 15.
Boards to consult and co-operate with Commission

REPATRIATION ACT 1920 - SECT. 15A.
Variation of constitution of Board

REPATRIATION ACT 1920 - SECT. 15B.
Remuneration and allowances of members of Repatriation Boards

REPATRIATION ACT 1920 - SECT. 15C.
Acting members of Boards

REPATRIATION ACT 1920 - SECT. 15D.
Meetings of Repatriation Boards

REPATRIATION ACT 1920 - SECT. 16.
Suspension and removal of Commissioner or Acting Commissioner

REPATRIATION ACT 1920 - SECT. 17.
Suspension and removal of member or acting member of Board

REPATRIATION ACT 1920 - SECT. 17A.
Delegation by Minister

REPATRIATION ACT 1920 - SECT. 18.
Offices-how vacated

REPATRIATION ACT 1920 - SECT. 19.
Uncertificated insolvent not to be Commissioner, Acting Commissioner or
member of Board

REPATRIATION ACT 1920 - SECT. 20.
Powers and duties of Boards

REPATRIATION ACT 1920 - SECT. 23.
Interpretation

REPATRIATION ACT 1920 - SECT. 24.
Pensions upon death or incapacity

REPATRIATION ACT 1920 - SECT. 24A.
Death or mental affliction of claimant

REPATRIATION ACT 1920 - SECT. 24AA.
Claim for pension to be in accordance with an approved form

REPATRIATION ACT 1920 - SECT. 24AB.
Investigation of claims, &c.

REPATRIATION ACT 1920 - SECT. 25.
Special Magistrates

REPATRIATION ACT 1920 - SECT. 26.
Powers of Commission and Boards

REPATRIATION ACT 1920 - SECT. 27.
Duties of Boards

REPATRIATION ACT 1920 - SECT. 28.
Appeal to Commission

REPATRIATION ACT 1920 - SECT. 29.
Date of operation of determination of Commission on appeal

REPATRIATION ACT 1920 - SECT. 30.
Re-grant of cancelled pension

REPATRIATION ACT 1920 - SECT. 31.
Review by Commission

REPATRIATION ACT 1920 - SECT. 32.
Failure of pensioner to attend at review

REPATRIATION ACT 1920 - SECT. 34.
Suspension and forfeiture of pension where pensioner imprisoned Substituted
by

REPATRIATION ACT 1920 - EXTRACT FROM PUBLIC SERVICE AMENDMENT ACT 1978
Amendments of Repatriation Act 1920

REPATRIATION ACT 1920 - EXTRACT FROM REPATRIATION ACTS AMENDMENT ACT (No. 2)
1979 Service pensioner in a public institution