Repatriation Act (No. 2) 1964 (Cth)

REPATRIATION (No. 2).

 

No. 105 of 1964.

An Act to amend the Repatriation Act 1920-1963, as amended by the Repatriation Act 1964.

[Assented to 20th November, 1964.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation

1.—(1.) This Act may be cited as the Repatriation Act (No. 2) 1964.

(2.) The Repatriation Act 1920-1963, as amended by the Repatriation Act 1964, is in this Act referred to as the Principal Act.

(3.) Section one of the Repatriation Act 1964 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920-1964.

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) The amendment made by paragraph (b)of sub-section (1.) of section nineteen of this Act shall come into operation on a date to be fixed by Proclamation.

 

Definitions.

3.Section twenty-three of the Principal Act is amended by inserting after the definition of “Service pension” the following definition:—

“ ‘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;”.

Pensions upon death or incapacity.

4.Section twenty-four of the Principal Act is amended by omitting sub-paragraph (i) of paragraph (c)of the proviso to sub-section (1.) and inserting in its stead the following sub-paragraph:—

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

Date of operation of decisions and determinations on appeal.

5.Section seventy-eight of the Principal Act is amended by omitting paragraph (b)of sub-section (3.) and inserting in its stead the following paragraph:—

“(b)where the appeal is from a decision of the Commission or a Board whereby a claim for a pension has been rejected—from a date earlier than the earliest date from which the Commission or the Board, as the case may be, if it had not rejected the claim, could have approved of the payment of a pension in respect of the claim; or”.

Interpretation.

6. Section eighty-three of the Principal Act is amended by inserting in the definition of “Income” in sub-section (1.), after paragraph (l), the following paragraph:—

“(la) an amount payable by the Commission by way of sustenance allowance;”.

 

Service pensions in respect of a member permanently unemployable.

7.—(1.) Section eighty-five of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Subject to this Act, the Commission or a Board may grant a service pension to a person included in a class of persons specified in the first column of the following table at a rate not exceeding the rate, or the appropriate rate, specified in the second column of that table in respect of that class:—

Members of the Forces, irrespective of their age	The maximum rate that would be applicable to the member if he were qualified to receive a pension under the last preceding section.
Wives of members of the Forces	One hundred and fifty-six pounds per annum.
Children of members of the Forces	(a)If no older child of the member is in receipt of service pension—Thirty-nine pounds per annum.
(b)If an older child of the member is in receipt of service pension—Six pounds ten shillings per annum.”.

(2.) Section eighty-five of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4.) A pension under this section shall not be granted to a child of a member of the Forces if the grant would result in pensions under this section being payable to more than four children of the member.”.

Variation of rate of service pension according to means.

8.Section eighty-seven of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4.) This section does not apply in relation to the grant of service pension to a child of a member of the Forces who is in the custody, care and control of the member or, if the member is dead, of the member’s widow.”.

Service pension payable to bona fide residents of Australia or Territories.

9.Section ninety-two of the Principal Act is amended by omitting from the proviso all the words after the word “may” and inserting in their stead the words “continue payment of the service pension to the pensioner for the period of the absence or such part of that period as the Commission determines”.

 

Interpretation.

10.Section one hundred of the Principal Act is amended by inserting after the definition of “member of the Forces” the following definition:—

“‘step-son’ or ‘step-daughter’, in relation to a member of the Forces, means a step-son or step-daughter of the member, being a child—

(a) whose father is dead; or

(b)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; or

(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 is in the custody, care and control of, or is being maintained by, the member’s widow;”.

Liability of Commonwealth to pay pensions to certain male members of the Forces.

11.Section one hundred and one of the Principal Act is amended—

(a) by omitting from paragraph (a)of the proviso to sub-section (1.) the word “children” and inserting in its stead the words “to his children, being persons specified in sub-paragraph (iii) of paragraph (b)of sub-section (2.) of section ninety-nine of this Act”; and

(b) by omitting sub-paragraph (i) of paragraph (c) of the proviso to sub-section (1.) and inserting in its stead the following paragraph:—

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

Extension of application of Act to members of Women’s Services.

12.Section one hundred and four of the Principal Act is amended by omitting from sub-section (1.) the words “and ‘Member of the Forces’ ” and inserting in their stead the words “, ‘member of the Forces’, ‘step-son’ and ‘step-daughter’ ”.

Interpretation.

13.Section one hundred and five of the Principal Act is amended by adding at the end thereof the following definition:—

“ ‘step-son’ or ‘step-daughter’, in relation to a member of the Forces, means a step-son or step-daughter of the member, being a child—

(a) whose mother is dead; or

 

(b)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; or

(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.”.

Interpretation.

14. Section one hundred and seven b of the Principal Act is amended by inserting in sub-section (1.), after the definition of “port”, the following definition:—

“ ‘step-son’ or ‘step-daughter’, in relation to a member of the Forces, means a step-son or step-daughter of the member, being a child—

(a) whose father is dead; or

(b)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; or

(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 is in the custody, care and control of, or is being maintained by, the member’s widow;”.

Liability of Commonwealth to pay pensions to certain male members of the Forces.

15.Section one hundred and seven c of the Principal Act is amended—

(a)by omitting from sub-section (2.) the word “children” and inserting in its stead the words “to his children, being persons specified in sub-paragraph (iii) of paragraph (b)of sub-section (2.) of section one hundred and seven a of this Act”; and

(b) by omitting paragraph (a)of sub-section (6.) and inserting in its stead the following paragraph:—

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

 

Extension of application of act to members of Women’s Services.

16. Section one hundred and seven e of the Principal Act is amended by omitting from sub-section (1.) the words “and ‘member of the Forces’ ” and inserting in their stead the words “, ‘member of the Forces’, ‘step-son’ and ‘step-daughter’ ”.

Interpretation.

17. Section one hundred and seven f of the Principal Act is amended by adding at the end thereof the following definition:—

“‘step-son’ or ‘step-daughter’, in relation to a member of the Forces, means a step-son or step-daughter of the member, being a child—

(a) whose mother is dead; or

(b)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; or

(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.”.

Interpretation.

18.Section one hundred and eight of the Principal Act is amended by omitting from sub-section (1.) the definition of “Child” and inserting in its stead the following definitions:—

“‘child’, in relation to a member of the Forces, means a son, daughter, step-son, step-daughter, adopted son or adopted daughter of the member, and includes an ex-nuptial child of the member;

‘medical treatment’ means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes—

(a)any accommodation, nursing care or transport in relation to such treatment; and

(b)the supply, renewal and repair of artificial replacements and surgical and other aids and appliances;

‘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;”.

Regulations.

19.—(1.) Section one hundred and twenty-four of the Principal Act is amended—

(a) by inserting in sub-section (1.), after paragraph (a), the following paragraph:—

“(aa)to widows of members of the Forces (including persons specified in section forty-two of this Act) or to widowed mothers, unmarried mothers or widowed stepmothers of unmarried deceased members of the Forces, being widows, mothers or step-mothers who—

(i) are in receipt of, or entitled to receive, pensions in accordance with Table a in the Third Schedule to this Act; or

(ii) would be entitled to receive such pensions but for paragraph (c)of the proviso to sub-section (1.) of section twenty-four, section forty-three, paragraph (c) of the proviso to sub-section (1.) of section one hundred and one or sub-section (6.) of section one hundred and seven c, of this Act;”; and

(b) by inserting after sub-section (1.) the following sub-sections:—

“(1a.) Subject to sub-section (1c.) of this section, where medical treatment is provided to a person under the regulations—

(a)in circumstances in which the regulations provide for payment in accordance with this sub-section; or

 

(b)in any case in which, before the treatment is provided, the Commission, for special reasons, determines that payment should be made in accordance with this sub-section and notifies the person accordingly,

the person is liable to pay to the Commonwealth, as a debt due to the Commonwealth, such reasonable charges in respect of the treatment as the Commission notifies to him in writing.

“(1b.) Regulations made in pursuance of paragraph (a)of the last preceding sub-section may provide for payment in accordance with that sub-section in any case in which—

(a)a person (whether before, during or after the provision of the treatment) recovers or receives; or

(b)the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies a person that the person is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,

the whole or a part of the cost of the treatment, by way of damages or compensation, from another person.

“(1c.) Sub-section (1a.) of this section does not apply in relation to medical treatment in respect of a condition giving rise to an incapacity in respect of which the Commonwealth—

(a) is liable to pay pension under this Act to the person;

(b)would be so liable if the incapacity were great enough to warrant a pension assessment; or

(c) would be so liable but for paragraph (c) of the proviso to sub-section (1.) of section twenty-four, section forty-three, paragraph (c)of the proviso to sub-section (1.) of section one hundred and one or sub-section (6.) of section one hundred and seven c, of this Act.”.

(2.) A regulation made, or purporting to have been made, under the Repatriation Act 1920, or under that Act as amended at any time, and in force, or purporting to be in force, immediately before the date of commencement of this Act, being a regulation

 

that makes provision for assistance or benefits to persons referred to in paragraph (aa) inserted by paragraph (a)