Repatriation Amendment Act 1982 (Cth)

Repatriation Amendment Act 1982

No. 20 of 1982

An Act to amend the Repatriation Act 1920, and for related purposes

[Assented to 3 May 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Repatriation Amendment Act 1982.

(2) The Repatriation Act 19201 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent but the amendment made by section 4 shall be deemed to have taken effect immediately after the commencement of section 32 of the Repatriation Acts Amendment Act 1981.

Repeal of section 49

3. (1) Section 49 of the Principal Act is repealed.

(2) Where, immediately before the commencement of this section, the Commission was, under section 49 of the Principal Act, retaining a pension payable to a person under the Principal Act, the Commission shall deal with any moneys or investments that, immediately before the commencement of this section, were held by it on behalf of the person under section 49 of the Principal Act as if it held those moneys or investments pursuant to an assumption by it, under Regulation 9 of the Repatriation Regulations, of the office of trustee of the person in respect of the pension.

(3) Where, immediately before the commencement of this section, the Commission was, under section 49 of the Principal Act (as extended by sections 6 and 7 of the Interim Forces Benefits Act 1947), retaining a pension payable to a person under the last-mentioned Act, the Commission shall deal with any moneys or investments that, immediately before the commencement of this section, were held by it on behalf of the person under section 49 of the Principal Act (as so extended) as if it held those moneys or investments pursuant to an assumption by it, under Regulation 9 of the Repatriation Regulations (as extended by Regulations 31 and 32 of the Interim Forces Benefits Regulations), of the office of trustee of the person in respect of the pension.

(4) Where, immediately before the commencement of this section, the Commission was, under section 49 of the Principal Act (as extended by section 7 of the Repatriation (Far East Strategic Reserve) Act 1956), retaining a pension payable to a person under the last-mentioned Act, the Commission shall deal with any moneys or investments that, immediately before the commencement of this section, were held by it on behalf of the person under section 49 of the Principal Act (as so extended) as if it held those moneys or investments pursuant to an assumption by it, under Regulation 8 of the Repatriation (Far East Strategic Reserve) Regulations, of the office of trustee of the person in respect of the pension.

(5) Where, immediately before the commencement of this section, the Commission was, under section 49 of the Principal Act (as extended by section 7 of the Repatriation (Special Overseas Service) Act 1962), retaining a pension payable to a person under the last-mentioned Act, the Commission shall deal with any moneys or investments that, immediately before the commencement of this section, were held by it on behalf of the person under section 49 of the Principal Act (as so extended) as if it held those moneys or investments pursuant to an assumption by it, under Regulation 8 of the Repatriation (Special Overseas Service) Regulations, of the office of trustee of the person in respect of the pension.

(6) Subject to sub-section (8), the Commission shall, on proof being furnished to it of the recovery of a person referred to in sub-section (2), (3), (4) or (5) from his affliction, pay to the person an amount equal to the amount applied by it in relation to the person for the purpose specified in paragraph 49 (2) (c) of the Principal Act.

(7) An amount payable to a person under sub-section (6) shall, for the purposes of sub-section 124 (2) of the Repatriation Act 1920 and Regulation 9

of the Repatriation Regulations, be deemed to be an allowance payable to the person under that Act.

(8) Where a person referred to in sub-section (2), (3), (4) or (5) dies and an amount had not been paid to him under sub-section (6) before his death, the Commission shall pay to—

(a) the legal personal representative of the deceased person; or

(b) if there is no legal personal representative of the deceased person and the Commission is satisfied that application will not be made for probate of the will, or for letters of administration of the estate, of the deceased person—the person whom the Commission determines to be best entitled to receive it,

an amount equal to the amount applied by it in relation to the deceased person for the purpose specified in paragraph 49 (2) (c) of the Principal Act.

(9) Where, immediately before the commencement of this section, the Commission, under section 49 of the Principal Act (including that section as extended by section 6 or 7 of the Interim Forces Benefits Act 1947, section 7 of the Repatriation (Far East Strategic Reserve) Act 1956 or section 7 of the Repatriation (Special Overseas Service) Act 1962), held any moneys or investments on behalf of a person who died before the commencement of this section, the Commission shall pay those moneys, and transfer those investments or realize those investments and pay the proceeds, to—

(a) the legal personal representative of the deceased person; or

(b) if there is no legal personal representative of the deceased person and the Commission is satisfied that application will not be made for probate of the will, or letters of administration of the estate, of the deceased person—the person whom the Commission determines to be best entitled to receive them.

(10) Where—

(a) before the commencement of this section, an amount was applied by the Commission, under section 49 of the Principal Act (including that section as extended by section 6 or 7 of the Interim Forces Benefits Act 1947, section 7 of the Repatriation (Far East Strategic Reserve) Act 1956 or section 7 of the Repatriation (Special Overseas Service) Act 1962), in relation to a person for the purpose specified in paragraph 49 (2) (c) of the Principal Act; and

(b) the person died on or after 30 April 1981 and before the commencement of this section,

the Commission shall pay to—

(c) the legal personal representative of the deceased person; or

(d) if there is no legal personal representative of the deceased person and the Commission is satisfied that application will not be made for probate of the will, or letters of administration of the estate, of the deceased person—the person whom the Commission determines to be best entitled to receive it,

an amount equal to the amount (if any) remaining after deducting from the amount referred to in paragraph (a) any amounts that—

(e) were paid, applied or distributed by the Commission to or in respect of the person under sub-section 49 (5) or (6), or section 120c, of the Principal Act; and

(f) were calculated by reference to the amount applied in relation to the person for the purpose specified in paragraph 49 (2) (c) of the Principal Act.

(11) Where—

(a) before the commencement of this section, an amount was applied by the Commission, under section 49 of the Principal Act (including that section as extended by section 6 or 7 of the Interim Forces Benefits Act 1947, section 7 of the Repatriation (Far East Strategic Reserve) Act 1956 or section 7 of the Repatriation (Special Overseas Service) Act 1962), in relation to a person for the purpose specified in paragraph 49 (2) (c) of the Principal Act; and

(b) the person died before 30 April 1981,

the Commission may, at its discretion, pay to—

(c) the legal personal representative of the deceased person; or

(d) if there is no legal personal representative of the deceased person and the Commission is satisfied that application will not be made for probate of the will, or letters of administration of the estate, of the deceased person—the person whom the Commission determines to be best entitled to receive it,

an amount equal to the amount (if any) remaining after deducting from the amount referred to in paragraph (a) any amounts that—

(e) were paid, applied or distributed by the Commission to or in respect of the person under sub-section 49 (5) or (6), or section 120c, of the Principal Act; and

(f) were calculated by reference to the amount applied in relation to the person for the purpose specified in paragraph 49 (2) (c) of the Principal Act.

Interpretation

4. Section 107j of the Principal Act is amended by omitting “by the United Nations or another international body” from the definition of “Peacekeeping Force”.

5. After section 120d of the Principal Act the following sections are inserted:

Recovery of cost of medical treatment

“120e. (1) In this section—

‘compensation’, in relation to a person who is receiving, or has received, prescribed medical treatment, means an amount that is by way of

compensation or damages, or is, in the opinion of the Commission, in the nature of compensation or damages, in respect of the disease, disability or condition by reason of which the prescribed medical treatment is being, or has been, provided, but does not include an amount for which the person has made contributions;

‘cost’, in relation to prescribed medical treatment, means the cost, as determined by the Commission by instrument in writing, of and incidental to the prescribed medical treatment;

‘medical treatment’ means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health, or with a view to 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;

‘prescribed medical treatment’ means medical treatment under—

(a) this Act;

(b) the Interim Forces Benefits Act 1947;

(c) the Repatriation (Far East Strategic Reserve) Act 1956;

(d) the Repatriation (Special Overseas Service) Act 1962; or

(e) the Seamen’s War Pensions and Allowances Act 1940.

“(2) Where a person who is receiving, or has received, prescribed medical treatment recovers or receives compensation from another person, the first-mentioned person is liable under this sub-section to pay to the Commission an amount equal to the cost of the prescribed medical treatment or, if the Commission, by notice in writing served, either personally or by post, on the first-mentioned person, notifies him that payment of a lesser amount is claimed by the Commission, that lesser amount.

“(3) The Commission may, by notice in writing served, either personally or by post, on a person (in this section referred to as the ‘person liable to pay compensation’) who is liable to pay compensation to or on behalf of another person (in this section referred to as the ‘person entitled to receive compensation’) who is receiving, or has received, prescribed medical treatment, inform the person liable to pay compensation that the Commission proposes to recover from him the cost of the prescribed medical treatment.

“(4) The Commission may, by the same notice or by a subsequent notice in writing served, either personally or by post, on the person liable to pay compensation, specify—

(a) the cost of the prescribed medical treatment that is being, or has been, received by the person entitled to receive compensation; and

(b) an amount (not exceeding the amount of that cost) payment of which is claimed by the Commission,

and thereupon the person liable to pay compensation becomes liable under this sub-section to pay to the Commission the amount so specified or the amount of the compensation, whichever is the less.

“(5) Where—

(a) a notice under sub-section (3) is served on the person liable to pay compensation; and

(b) the notice does not specify the matters referred to in paragraphs (4) (a) and (b),

the person shall not, until he has been served with a notice under sub-section (4), pay the compensation, or any part of the compensation, to or on behalf of the person entitled to receive compensation.

“(6) Payment of an amount to the Commission under sub-section (4) operates, to the extent of the payment, as a discharge to the person liable to pay compensation of his liability to pay the compensation to the person entitled to receive compensation.

“(7) The Commission may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commission under sub-section (2)or (4).

“(8) The reference in sub-section (2)to another person, and the reference (first occurring) in sub-section (3) to a person, include a reference to the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory.

“(9) The reference in sub-section (3) to a person who is liable to pay compensation to or on behalf of another person includes a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to pay compensation against his liability.

Operation of State and Territory laws in relation to hospitals and other institutions

“ 120f. (1) In this section, ‘relevant law’, in relation to a State or Territory, means a law of the State or Territory that is declared by the regulations to be a relevant law for the purposes of this section.

“(2)The provisions of a relevant law of a State or Territory apply, with such modifications (if any) as are prescribed, to and in relation to a person (whether or not appointed or employed under the Public Service Act 1922) who is employed, or provides services, at a hospital or other institution referred to in section 120d that is situated in the State or Territory.

“(3) The regulations made for the purposes of this section—

(a) may declare a law of a State or Territory that came into operation before the commencement of this section to be a relevant law for the purposes of this section; and

(b) may declare a law of a State or Territory, as amended and in force from time to time, to be a relevant law for the purposes of this section.

“(4) Nothing in this section shall be taken to affect the operation of a law of a State or Territory that is not a relevant law of that State or Territory.”.

Regulations

6. Section 124 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) The power conferred by this Act to make modifications by regulation includes the power to omit any matter or add any new matter.”.

 

NOTE

1. No. 6, 1920, as amended. For previous amendments, see No. 34, 1921; No. 23, 1922; No. 14, 1929; No. 74, 1930; Nos. 10 and 47, 1931; No. 32, 1934; No. 58, 1935; Nos. 29 and 67, 1936; Nos. 12, 24 and 42, 1937; No. 55, 1938; Nos. 37 and 96, 1940; No. 49, 1941; No. 22, 1943; No. 11, 1945; No. 49, 1946; Nos. 1, 29 and 74, 1947; No. 39, 1948; No. 38, 1949; Nos. 34 and 80, 1950; No. 31, 1951; No. 58, 1952; No. 69, 1953; No. 31, 1954; No. 39, 1955; Nos. 68 and 97, 1956; No. 44, 1957; No. 47, 1958; No. 58, 1959; No. 44, 1960; No. 46, 1961; Nos. 75 and 91, 1962; No. 47, 1963; Nos. 62 and 105, 1964; No. 64, 1965; No. 42, 1966; No. 64, 1967; Nos. 66 and 120, 1968; No. 95, 1969; Nos. 4 and 60, 1970; Nos. 17 and 68, 1971; Nos. 15, 82 and 139, 1972; Nos. 2, 27 and 104, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 3, 24 and 90, 1974; Nos. 35, 56 and 111, 1975; Nos. 27, 91 and 112, 1976; No. 56, 1977; Nos. 129 and 170, 1978; Nos. 18 and 124, 1979; No. 129, 1980; and Nos. 41, 61 and 160, 1981.