Repatriation Legislation Amendment Act 1985 (Cth)
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE REPATRIATION ACT 1920
3. Principal Act
4. Interpretation
5. Pensions upon death or incapacity
6. Who may make claim or application
7. Failure of pensioner to attend at review
8. Repeal of sections 35a and 35b
9. Pension payable for limited period in certain cases
10. Pensions to spouses to cease upon dissolution of marriage
11. Gratuity to certain persons on re-marriage or marriage
12. Maximum pension payable to widowed mother
13. Pensions to certain dependent females
14. Pension to divorcee of member
15. Pension payable to dependants on death of member after termination of war service
16. Hearing and determination of claims, &c.
17. Extension of application of Act to certain male members of the Forces
18. Liability of Commonwealth to pay pensions to certain male members of the Forces
19. Extension of application of Act to certain female members of the Forces
20. Repeal of section 106 and substitution of new section—
106. Pensions to dependants of certain female members of the Forces
TABLE OF PROVISIONS—
Section
21. Extension of application of Act to certain male members of the Forces
22. Liability of Commonwealth to pay pensions to certain male members of the Forces
23. Extension of application of Act to certain female members of the Forces
24. Extension of application of Act to members to whom this Division applies
25. Interpretation
26. Liability of Commonwealth to pay pensions to certain members of the Forces, &c.
27. Repeal of section 107n and substitution of new section—
107n. Conditions of payment of pension to certain dependants of female members to whom this Division applies
28. Pensions payable to certain dependent females of members of the Forces
29. Pensions payable to certain dependent females of members of a Peacekeeping Force
30. Dual entitlement
31. Application for review
32. Decision of Board
33. Schedule 1
34. Schedule 2
35. Repeal of Schedule 3 and substitution of new Schedule
PART III—AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940
36. Principal Act
37. Interpretation
38. Grant of pensions
39. Repeal of sections 16 and 17
40. Rates of pension on death or total incapacity
41. Pension to de facto wife
42. Pension of separated widow
43. Limit of payments in certain cases
44. Pensions for limited periods in certain cases
45. Pensions to spouses to cease upon dissolution of marriage
46. Pensions to female dependants to cease on marriage or re-marriage
47. Schedule 1
PART IV—AMENDMENTS OF THE INTERIM FORCES BENEFITS ACT 1947
48. Principal Act
49. War pensions for male members of the Interim Forces
50. War pensions for female members of the Interim Forces
PART V—AMENDMENTS OF THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956
51. Principal Act
52. Interpretation
53. Liability of the Commonwealth to pay pensions to members of the Forces
54. Extension of certain provisions of Repatriation Act
55. Pensions payable to certain dependent females
56. Pension to divorced wife of a member
57. Repeal of section 10 and substitution of new section—
10. Limitations on pensions to dependants of female members
PART VI—AMENDMENTS OF THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962
58. Principal Act
59. Interpretation
60. Liability of Commonwealth to pay pensions to members of the Forces
61. Extension of certain provisions of Repatriation Act
62. Pensions payable to certain dependent females
TABLE
OF PROVISIONS—
Section
63. Pension to divorced wife of member
64. Repeal of section 10 and substitution of new section—
10. Limitations on pensions to dependants of female members
PART VII—TRANSITIONAL PROVISIONS
65. Interpretation
66. Application of amendments relating to dependants’ pensions
67. Rates of certain pensions
68. Application of amendments affecting intermediate rate pensions and special rate pensions
69. Application of amendments of section 47 of Repatriation Act
70. Application of amendments of section 107vg of Repatriation Act
71. Application of amendments to reviews by Administrative Appeals Tribunal
72. Cessation of operation of certain provisions
SCHEDULE
NEW SCHEDULE 3 TO THE REPATRIATION ACT 1920
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting the definition of “Dependant” and substituting the following definition:
“Dependant’, in relation to a member of the Forces, means—
(a) the widow of the member; or
(b) a child of the member;”;
(b) by omitting “is, or was” from paragraph (a) of the definition of “Dependent female” and substituting “was,”;
(c) by omitting “is, or was” from paragraph (c) of the definition of “Dependent female” and substituting “was,”;
(d) by omitting the definitions of “Member of a family”, “Other dependants” and “Parents”;
(e) by omitting the definition of “Unmarried member of the Forces”; and
(f) by omitting the definition of “Wife”.
(a) by omitting from sub-section (1) “be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with this Division” and substituting the following:
“be liable to pay—
(d) in the case of the death of the member—pensions to the dependants of the member in accordance with this Division; or
(e) in the case of the incapacity of the member—a pension to the member in accordance with this Division”; and
(b) by omitting from sub-section (2) “be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with this Division.” and substituting the following:
“be liable to pay—
(c) in the case of the death of the member—pensions to the dependants of the member in accordance with this Division; or
(d) in the case of the incapacity of the member—a pension to the member in accordance with this Division.”.
(a) by omitting “pension, and any pensions payable under this Division to the dependants of the member shall not be continued for more than 12
months from the date fixed for the review:” and substituting “pension.”; and
(b) by omitting the proviso to the section.
9. Section 39 of the Principal Act is amended—(a) by omitting sub-section (1); and
(b) by omitting sub-sections (2), (3) and (4).
(a) by adding “or” at the end of paragraph (1) (a); and
(b) by omitting paragraph (1) (b).
(a) by omitting from sub-section (1) “incapacity or”; and
(b) by omitting from sub-section (2) “wife or the widow, as the case may be,” and substituting “widow”.
“(2) Where the Commission is considering and determining a claim for a pension with respect to the death or incapacity of a member of the Forces, the Commission shall not grant the claim if it is reasonably satisfied—
(a) that the investigation of the claim did not disclose material, and there is no other material before the Commission, that raises a reasonable hypothesis that there exists a connection required by this Act to exist
between the death or incapacity of the member and the member’s war service; or
(b) that any such reasonable hypothesis raised by material before the Commission has been dispelled.
“(3) Subject to sub-section (2) —
(a) in respect of a claim for a pension made under section 24—
(i) by a member of the Forces whose war service included qualifying war service; or
(ii) by a dependant of a deceased member of the Forces who died before 12 November 1958 and whose war service included qualifying war service,
the Commission shall grant the claim unless it is satisfied, beyond reasonable doubt, that there are insufficient grounds for granting the claim; and
(b) in respect of any other claim for a pension—the Commission shall not grant the claim unless it is reasonably satisfied that there are sufficient grounds for granting the claim.
“(4) Subject to sub-sections (2) and (3), in determining, or making a decision in relation to, any matter under this Act or the regulations, including the assessment or re-assessment of the rate of a pension, the Commission shall decide the matter to its reasonable satisfaction.
“(5) For the purposes of sub-section (3)—
(a) the qualifying war service of a member of the Forces consists of the war service (if any) of the member outside Australia; and
(b) a reference to the grant of a claim shall be read as not including a reference to the assessment of the rate at which pension is to be paid.”.
(a) by omitting from sub-paragraph (2) (b) (i) “wife or”;
(b) by omitting sub-paragraph (2) (b) (ii);
(c) by adding “and” at the end of sub-paragraph (2) (b) (iii); and
(d) by omitting sub-paragraphs (2) (b) (iv) to (vii) (inclusive).
(a) by omitting from paragraph (2) (e) “and”; and
(b) by adding at the end of sub-section (2) the following word and paragraph:
“; and (g) section 47 applies as if—
(i) the references in sub-sections (2), (3) and (5) to war service were read as references to war service within the meaning of section 100;
(ii) the reference in sub-section (3) to section 24 were read as a reference to section 101;
(iii) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on 30 October 1945; and
(iv) for paragraph (5) (a) there were substituted the following paragraph:
‘(a) the qualifying war service of a member of the Forces consists of—
(i) the war service within the meaning of section 100 (if any) of the member outside Australia during the war within the meaning of section 100; and
(ii) the war service within the meaning of section 100 (if any) of the member during that war within Australia rendered in such circumstances as, in the opinion of the Commission, involved direct combat with the enemy; and’.”.
(a) by omitting from sub-section (1) “be liable to pay to the member, or his dependants, or both, as the case may be, pensions in accordance with Division 1” and substituting the following:
“be liable to pay—
(c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1; or
(d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1”; and
(b) by omitting from sub-section (2) “be liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with Division 1.” and substituting the following:
“be liable to pay—
(c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1; or
(d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1.”.
(a) by omitting sub-paragraph (2) (b) (i); and
(b) by omitting sub-paragraph (2) (b) (iii).
(a) by omitting from paragraph (2) (e) “and”; and
(b) by adding at the end the following word and paragraph:
“; and (g) the references in sub-sections 47 (2), (3) and (5), in their application in accordance with section 99, to war service shall be read as references to war service within the meaning of section 105.”.
“106. A pension shall not be granted or continued to a dependant of a member of the Forces unless the dependant is without adequate means of support.”.
(a) by omitting from sub-paragraph (2) (b) (i) “wife or”;
(b) by adding “and” at the end of sub-paragraph (2) (b) (i);
(c) by omitting sub-paragraph (2) (b) (ii); and
(d) by omitting sub-paragraphs (2) (b) (iv) to (vii) (inclusive).
(a) by omitting from paragraph (2) (f) “and”; and
(b) by adding at the end of sub-section (2) the following word and paragraph:
“; and (h) section 47 applies as if—
(i) the references in sub-sections (2), (3) and (5) to war service were read as references to war service within the meaning of section 107b;
(ii) the reference in sub-section (3) to section 24 were read as a reference to section 107c;
(iii) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the conclusion of the period of the member’s war service within the meaning of section 107b or, if the member rendered more
than 1 period of such service, the conclusion of the last of those periods; and
(iv) for paragraph (5) (a) there were substituted the following paragraph:
‘(a) the qualifying war service of a member of the Forces consists of the war service of the member; and’.”.
(a) by omitting from sub-section (1) “liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with Division 1.” and substituting the following:
“liable to pay—
(d) in the case of the incapacity of the member—a pension to the member in accordance with Division 1; or
(e) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1.”; and
(b) by omitting from sub-section (3) “liable to pay to the member or his dependants, or both, as the case may be, pensions in accordance with Division 1.” and substituting the following:
“liable to pay—
(c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1; or
(d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1.”.
(a) by omitting sub-paragraph (2)(b) (i); and
(b) by omitting sub-paragraph (2)(b) (iii).
(a) by omitting from paragraph (2)(f) “and”; and
(b) by adding at the end of sub-section (2) the following word and paragraph:
“; and (h) section 47 applies as if—
(i) the references in sub-sections (2),(3) and (5) to war service were read as references to war service within the meaning of section 107b;
(ii) the reference in sub-section (3) to section 24 were read as a reference to section 107c;
(iii) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a
reference to before the expiration of the period of 40 years commencing on the day immediately following the conclusion of the period of the member’s war service within the meaning of section 107b or, if the member rendered more than 1 period of such service, the conclusion of the last of those periods; and
(iv) for paragraph (5) (a) there were substituted the following paragraph:
‘(a) the qualifying war service of a member of the Forces consists of the war service of the member; and’.”.
(a) by omitting from sub-paragraph (2) (b) (i) “wife or”;
(b) by adding “and” at the end of sub-paragraph (2) (b) (i); and
(c) by omitting sub-paragraph (2) (b) (ii).
(a) by omitting from paragraph (2) (e) “and”; and
(b) by adding at the end of sub-section (2) the following paragraphs:
“(g) without limiting the application of paragraph (b) in relation to section 47, that section applies to and in relation to a member of a Peacekeeping Force as if—
(i) the references to a member of the Forces were read as references to a member of a Peacekeeping Force;
(ii) the reference in sub-section (2) to war service were read as a reference to peacekeeping service;
(iii) the reference in sub-section (3) to section 24 were read as a reference to section 107m;
(iv) the words ‘whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (i);
(v) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the completion of the period of the member’s peacekeeping service or, if the member rendered more than 1 such period of service, the completion of the last of those periods;
(vi) the words ‘and whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (ii); and
(vii) paragraph (5) (a) were omitted; and
“(h) without limiting the application of paragraph (b) in relation to section 47, that section applies to and in relation to a member of the Forces as if—
(i) a reference to a member of the Forces were read as a reference to a member of the Forces within the meaning of section 107j;
(ii) the references in sub-sections (2) and (3) to war service were read as references to defence service;
(iii) the reference in sub-section (3) to section 24 were read as a reference to section 107m;
(iv) references in sub-paragraphs (3) (a) (i) and (ii) to qualifying war service were read as references to hazardous service;
(v) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the completion of the period of the member’s hazardous service or, if the member rendered more than 1 such period of service, the completion of the last of those periods; and
(vi) paragraph (5) (a) were omitted.”.
“hazardous service’ means service in the Defence Force of a kind determined by the Minister for Defence, by instrument in writing, to be hazardous service for the purposes of this Act;”.
(a) by omitting from sub-section (1) “liable to pay to the member, to the dependants of the member or to both, as the case may be, pensions in accordance with Division 1, as applied by section 107h.” and substituting the following:
“liable to pay—
(a) in the case of the incapacity of the member—a pension to the member in accordance with Division 1, as applied by section 107h; or
(b) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1, as applied by section 107h.”;
(b) by omitting from sub-section (3) “liable to pay to the member, to his dependants or to both, as the case may be, pensions in accordance with Division 1, as applied by section 107h.” and substituting the following: “liable to pay—
(c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1, as applied by section 107h; or
(d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1, as applied by section 107h.”; and
(c) by omitting from sub-section (3a) “liable to pay to the member, to his dependants or to both, as the case may be, pensions in accordance with Division 1, as applied by section 107h.” and substituting the following: “liable to pay—
(c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1, as applied by section 107h; or
(d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1, as applied by section 107h.”.
“107n. A pension shall not be granted or continued to a dependant of a female member to whom this Division applies unless the dependant is without adequate means of support.”.
(a) by omitting from paragraph (1) (a) “the incapacity of a member of the Forces or”;
(b) by omitting from paragraph (1) (b) “, or the discharge from the Defence Force on medical grounds,”;
(c) by omitting from sub-section (1) “that incapacity or” and substituting “the member’s”; and
(d) by omitting from sub-section (2) “wife or widow, as the case may be,” and substituting “widow”.
(a) by omitting from paragraph (1) (a) “the incapacity of a member of a Peacekeeping Force or”;
(b) by omitting from paragraph (1) (b) “or at the time when the member ceased to serve with the Peacekeeping Force on medical grounds”;
(c) by omitting from sub-section (1) “that incapacity or” and substituting “the member’s”; and
(d) by omitting from sub-section (2) “wife or widow, as the case may be,” and substituting “widow”.
(a) by omitting from sub-section (2) “an incapacity or”; and
(b) by omitting from sub-section (2) “incapacity or” (second occurring).
(a) by omitting sub-section (3) and substituting the following sub-section:
“(3) On the completion of its consideration of a review of a decision—
(a) if the decision is a decision to refuse to grant a claim for a pension, being a claim to which paragraph 47 (3) (a) applies—the Board shall set aside the decision unless it is satisfied, beyond reasonable doubt, that there were insufficient grounds for granting the claim; or
(b) in any other case—the Board shall not set aside the decision unless it is reasonably satisfied that the decision is not the decision that the Board would have made if it had had the responsibility for making the decision the subject of the review.”; and
(b) by adding at the end the following sub-section:
“(7) Where the Board is reviewing a decision granting or refusing to grant a claim for a pension with respect to the death or incapacity of a member of the Forces, or is considering and determining the decision to be made by it in substitution for a decision that it has set aside, the Board shall not grant the claim if it is reasonably satisfied—
(a) that the investigation of the claim did not disclose material, and there is no other material before the Board, that raises a reasonable hypothesis that there exists a connection required by this Act to exist between the death or incapacity of the member and the member’s war service; or
(b) that any such reasonable hypothesis raised by material before the Board has been dispelled.”.
(a) by omitting from the heading to the table “A WIDOWED MOTHER OR”; and
(b) by omitting from the table the column headed “Column 1”.
(a) by omitting paragraph 3 and substituting the following paragraph:
“3. Where—
(a) a member of the Forces is temporarily incapacitated to such an extent, and in such circumstances, that, if he or she were so incapacitated permanently, the special rate of pension would be granted to the member under Schedule 3; and
(b) the aggregate of the rate of pension payable to the member under Column 3 of the table in this Schedule and the amount (if any) payable to the member under Schedule 5 is less than the special rate of pension specified in Schedule 2,
the Commission may grant an additional pension to the member at a rate not exceeding the amount of the difference between that aggregate and the special rate of pension for such period, whether in excess of 6 months or not, as the Commission determines.”; and
(b) by omitting paragraph 6 and substituting the following paragraphs:
“6. Where—
(a) a member of the Forces is in receipt of, or is eligible to receive, a general rate pension at the rate specified in column 3 of the table in this Schedule;
(b) the member’s incapacity from injury or disease that has been accepted as related to the relevant war service of the member is, of itself alone, of such a nature as to render the member incapable of undertaking remunerative work otherwise than on a part-time basis or intermittently; and
(c) the member is, by reason of incapacity from that injury or disease alone, prevented from continuing to undertake remunerative work that the member was undertaking and is, by reason thereof, suffering a loss of salary or wages, or of earnings on his or her own account, that the member would not be suffering if the member were free from that incapacity,
the amount specified in column 3 of the table in this Schedule shall, in its application to the member, be deemed to be $242.00.
“7. Sub-paragraph 6 (b) shall not be taken to be fulfilled in respect of a member of the Forces who is undertaking, or is capable of undertaking, work of a particular kind—
(a) if the member undertakes, or is capable of undertaking, that work for 50 per centum or more of the time (excluding
overtime) ordinarily worked by persons engaged in work of that kind on a full-time basis; or
(b) in a case where sub-paragraph (a) is inapplicable to the work which the member is undertaking, or is capable of undertaking—if the member is undertaking, or is capable of undertaking, that work for 20 or more hours per week.
“8. For the purpose of sub-paragraph 6 (c)—
(a) a member of the Forces who is incapacitated from injury or disease that has been accepted as related to the relevant war service of the member to the extent set out in sub-paragraph 6 (b) shall not be taken to be suffering a loss of salary or wages, or of earnings on his or her own account, by reason of that incapacity—
(i) if the member has ceased to engage in remunerative work for reasons other than his or her incapacity from that injury or disease;
(ii) if the member is incapacitated, or prevented, from engaging in remunerative work for some other reason; or
(iii) if the member has been engaged in remunerative work on a part-time basis or intermittently for reasons other than his or her incapacity from that injury or disease; and
(b) where a member of the Forces, not being a member who has attained the age of 65 years, who has not been engaged in remunerative work satisfies the Commission that he or she has been genuinely seeking to engage in remunerative work, that he or she would, but for the incapacity, be continuing so to seek to engage in remunerative work and that that incapacity is a substantial cause of his or her inability to obtain remunerative work in which to engage, the member shall be treated as having been prevented, by reason of that incapacity, from continuing to undertake remunerative work that the member was undertaking.
“9. For the purposes of this Schedule—
(a) ‘remunerative work’ has the same meaning as it has in Schedule 2; and
(b) the question whether a member of the Forces who is incapacitated from injury or disease is incapable of undertaking remunerative work shall be decided in the same manner as that question is required to be decided for the purposes of Schedule 2.”.
“The special rate of pension may be granted to—
(a) a member of the Forces who has been blinded as a result of war service; and
(b) any other member of the Forces if—
(i) the other member is in receipt of, or is eligible to receive, a general rate pension at the rate specified in column 3 of the table in Schedule 1;
(ii) the other member is totally and permanently incapacitated, that is to say, the member’s incapacity from injury or disease that has been accepted as related to the member’s relevant war service is of such a nature as, of itself alone, to render the member incapable of undertaking remunerative work for periods aggregating more than 8 hours per week; and
(iii) the other member is, by reason of incapacity from that injury or disease alone, prevented from continuing to undertake remunerative work that the member was undertaking and is, by reason thereof, suffering a loss of salary or wages, or of earnings on his or her own account, that the member would not be suffering if the member were free of that incapacity.
“For the purpose of the last preceding paragraph—
(a) a member of the Forces who is incapacitated from injury or disease that has been accepted as related to the member’s relevant war service shall not be taken to be suffering a loss of salary or wages, or of earnings on his or her own account, by reason of that incapacity if—
(i) the member has ceased to engage in remunerative work for reasons other than his or her incapacity from that injury or disease; or
(ii) the member is incapacitated, or prevented, from engaging in remunerative work for some other reason; and
(b) where a member of the Forces, not being a member who has attained the age of 65 years, who has not been engaged in remunerative work satisfies the Commission that he or she has been genuinely seeking to engage in remunerative work, that he or she would, but for that incapacity, be continuing so to seek to engage in remunerative work and that that incapacity is a substantial cause of his or her inability to obtain remunerative work in which to engage, the member shall be treated as having been prevented by reason of that incapacity from continuing to undertake remunerative work that the member was undertaking.
“In determining whether a member of the Forces who is incapacitated from injury or disease is incapable of undertaking remunerative work, the Commission shall have regard to the following matters only:
(a) the vocational, trade and professional skills, qualifications and experience of the member;
(b) the kinds of remunerative work which a person with skills, qualifications and experience referred to in sub-paragraph (a) might reasonably undertake; and
(c) the degree to which the incapacity of the member from injury or disease that has been accepted as related to the member’s relevant war service has reduced his or her capacity to undertake the kinds of remunerative work referred to in sub-paragraph (b).”.
“In this Schedule, a reference to remunerative work shall be read as including a reference to any remunerative activity.”.
(a) by omitting from sub-section (1) the definition of “dependant” and substituting the following definition:
“dependant’, in relation to an Australian mariner, means—
(a) the widow of the mariner; and
(b) a child of the mariner;”; and
(b) by omitting from sub-section (1) the definition of “member of the family”.
“pay—
(a) in the case of the death of the Australian mariner—pensions to the dependants of the Australian mariner in accordance with this Act; or
(b) in the case of the incapacity of the Australian mariner—a pension to the mariner in accordance with this Act.”.
(a) by omitting sub-section (3);
(b) by omitting sub-sections (5) and (6); and
(c) by omitting from sub-section (7) all the words from and including “mariner” and substituting “mariner is $38.40 per fortnight in respect of each child.”.
“(4a) Where—
(a) an Australian mariner is in receipt of, or is entitled to receive, a pension in respect of war injury; and
(b) the Commission is satisfied that the provisions of paragraph 6 of Schedule 1 to the
Repatriation Act 1920 would apply to the rate at which pension would be payable to the mariner in respect of that incapacity if he or she were entitled to pension under that Act in respect of the incapacity,
the amount specified in column 3 of the table in Schedule 1 to this Act shall be deemed to be $242.00.”.
(a) by omitting “or total incapacity”;
(b) by omitting “or wife” (wherever occurring); and
(c) by omitting “, wife, separated widow or separated wife” and substituting “or separated widow”.
(a) by omitting from sub-section (1) “or total incapacity”;
(b) by omitting from sub-section (1) “or separated wife”;
(c) by omitting from sub-section (1) “, in the case of a separated wife is, or, in the case of a separated widow,”; and
(d) by omitting paragraph (2) (a) and substituting the following paragraph:
“(a) where the separated widow is eligible for a pension by reason of having satisfied the Commission that the Australian mariner was contributing or liable to contribute to her support—the amount that the Australian mariner was contributing, or was liable to contribute, to her support immediately prior to his death; or”.
(a) by omitting from paragraph (a) “and”; and
(b) by omitting paragraph (b).
(a) by omitting sub-section (1); and
(b) by omitting sub-section (2).
“(bb) without limiting the application of paragraph (a), (b) or (ba) in relation to section 47, that section applies to and in relation to a male member of the Interim Forces as if—
(i) the references in sub-sections (2) and (4) to the Repatriation Act were read as references to the provisions of that Act, in their application by virtue of sub-section (1) of this section, and of this Act;
(ii) the reference in sub-section (3) to section 24 of the Repatriation Act were read as a reference to section 101 of the Repatriation Act in its application by virtue of sub-section (1) of this section;
(iii) the words ‘whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (i);
(iv) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the day on which the member ceased to serve in the Interim Forces;
(v) the words ‘and whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (ii);
(vi) the reference in sub-section (4) to the regulations under the Repatriation Act were read as a reference to the regulations under this Act; and
(vii) paragraph (5) (a) were omitted;”.
“(bb) without limiting the application of paragraph (a), (b) or (ba) in relation to section 47, that section applies to and in relation to a female member of the Interim Forces as if—
(i) the references in sub-sections (2) and (4) to the Repatriation Act were read as references to the provisions of that Act, in their application by virtue of sub-section (1) of this section, and of this Act;
(ii) the reference in sub-section (3) to section 24 of the Repatriation Act were read as a reference to section 101 of the Repatriation Act in its application by virtue of sub-section (1) of this section;
(iii) the words ‘whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (i);
(iv) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the day on which the member ceased to serve in the Interim Forces;
(v) the words ‘and whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (ii);
(vi) the reference in sub-section (4) to the regulations under the Repatriation Act were read as a reference to the regulations under this Act; and
(vii) paragraph (5) (a) were omitted;”.
(a) by omitting from sub-section (4) “ ‘member of the family’, ‘parents’,”; and
(b) by omitting from sub-section (4) “, ‘widow’ and ‘wife’” and substituting “and ‘widow’ ”.
(a) by omitting from sub-section (1) “liable to pay to the member, his dependants or both, as the case may be, pensions in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7.” and substituting the following:
“liable to pay—
(c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7; and
(d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7.”; and
(b) by omitting from sub-section (3) “widower and” and substituting “the”.
(a) by omitting from sub-paragraph (2) (b) (i) “wife or”;
(b) by adding “and” at the end of sub-paragraph (2) (b) (i);
(c) by omitting sub-paragraph (2) (b) (ii);
(d) by omitting sub-paragraphs (2) (b) (iv) to (vii) (inclusive);
(e) by omitting sub-paragraph (2) (c) (i);
(f) by omitting from sub-paragraph (2) (c) (ii) “and”; and
(g) by omitting sub-paragraph (2) (c) (iii).
(a) by omitting from paragraph (2) (j) “and”; and
(b) by inserting after paragraph (2) (j) the following paragraph:
“(ja) without limiting the application of paragraphs (a), (b), (c) and (d) in relation to section 47, that section applies to and in relation to a member of the Forces as if—
(i) the references in sub-sections (2) and (4) to the Repatriation Act were read as references to the provisions of that Act, in their application by virtue of sub-section (1) of this section, and of this Act;
(ii) the reference in sub-section (3) to section 24 of the Repatriation Act were read as a reference to section 6 of this Act;
(iii) the words ‘whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (i);
(iv) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the conclusion of the period of the member’s Malayan service or, if the member rendered more than 1 period of such service, the conclusion of the last of those periods;
(v) the words ‘and whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (ii);
(vi) the reference in sub-section (4) to the regulations under the Repatriation Act were read as a reference to the regulations under this Act; and
(vii) paragraph (5) (a) were omitted; and”.
(a) by omitting from paragraph (1) (a) “incapacity or”; and
(b) by omitting from sub-section (2) “wife or widow, as the case may be,” and substituting “widow”.
“10. A pension under this Act shall not be granted or continued to a dependant of a female member of the Forces unless the dependant is without adequate means of support.”.
(a) by omitting from sub-section (1) “liable to pay to the member, his dependants or both, as the case may be, pensions in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7.” and substituting the following:
“liable to pay—
(c) in the case of the incapacity of the member—a pension to the member in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7; or
(d) in the case of the death of the member—pensions to the dependants of the member in accordance with Division 1 of Part III of the Repatriation Act as applied by section 7.”;
(b) by omitting from sub-paragraph (2) (a) (i) “wife or”;
(c) by adding “and” at the end of sub-paragraph (2) (a) (i);
(d) by omitting sub-paragraph (2) (a) (ii);
(e) by adding “and” at the end of sub-paragraph (2) (a) (iii);
(f) by omitting sub-paragraphs (2) (a) (iv) to (vii) (inclusive);
(g) by omitting sub-paragraph (2) (b) (i);
(h) by omitting from sub-paragraph (2) (b) (ii) “and”; and
(j) by omitting sub-paragraph (2) (b) (iii).
(a) by omitting from paragraph (3) (b) “an incapacity or”; and
(b) by omitting from paragraph (3) (b) “that incapacity or” and substituting “the member’s”.
“(e) without limiting the application of paragraphs (a), (b) and (c) in relation to section 47, that section applies to and in relation to a member of the Forces as if—
(i) the references in sub-sections (2) and (4) to the Repatriation Act were read as references to the provisions of that Act, in their application by virtue of sub-section (1) of this section, and of this Act;
(ii) the reference in sub-section (3) to section 24 of the Repatriation Act were read as a reference to section 6 of this Act;
(iii) the words ‘whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (i);
(iv) the reference in sub-paragraph (3) (a) (ii) to before 12 November 1958 were read as a reference to before the expiration of the period of 40 years commencing on the day immediately following the conclusion of the period of the member’s special service or, if the member rendered more than 1 period of such service, the conclusion of the last of those periods;
(v) the words ‘and whose war service included qualifying war service’ were omitted from sub-paragraph (3) (a) (ii);
(vi) the reference in sub-section (4) to the regulations under the Repatriation Act were read as a reference to the regulations under this Act; and
(vii) paragraph (5) (a) were omitted;”.
(a) by omitting from paragraph (1) (a) “incapacity or”; and
(b) by omitting from sub-section (2) “wife or widow, as the case may be,” and substituting “widow”.
“10. A pension under this Act shall not be granted or continued to a child of a female member of the Forces unless the child is without adequate means of support.”.
“Commission” means the Repatriation Commission;
“relevant Act” means—
(a) the
Repatriation Act 1920 ;(b) the
Seamen’s War Pensions and Allowances Act 1940 ;(c) the
Interim Forces Benefits Act 1947 ;(d) the
Repatriation (Far East Strategic Reserve )Act 1956 ; or(e) the
Repatriation (Special Overseas Service )Act 1962.
(a) were granted under the relevant Acts before the commencement of this section;
(b) were payable immediately before the commencement of this section; and
(c) would not have been payable if the relevant Acts as affected by the amendments and repeals effected by the relevant provisions of this Act had been in force at the time when those pensions were granted,
continue, by force of this sub-section, to be payable, after the commencement of this section, as if those amendments and repeals had not been made.
(a) a pension had been granted to a person before the commencement of this section and was, immediately before the commencement of this section, payable to the person at the rate of a particular amount per fortnight (in this section referred to as the “relevant rate”); and
(b) the pension continues to be payable to the person by virtue of sub-section 66 (2),
the pension continues to be payable, while the person continues to be entitled to the pension, at the relevant rate and at no higher rate.
(a) a reference to a claim for a pension shall be read as a reference to a claim for a pension under a relevant Act other than the
Seamen’s War Pensions and Allowances Act 1940 ; and(b) a reference to section 47, or sub-section 47 (2), of the
Repatriation Act 1920 as amended by this Act shall be read as including a reference to that section, or sub-section, as so amended, in its application in accordance with—(i) section 99 of the
Repatriation Act 1920 as amended by sub-section 17 (2) of this Act;(ii) section 104 of the
Repatriation Act 1920 as amended by sub-section 19 (2) of this Act;(iii) section 107a of the
Repatriation Act 1920 as amended by sub-section 21 (2) of this Act;(iv) section 107e of the
Repatriation Act 1920 as amended by sub-section 23 (2) of this Act;(v) section 107h of the
Repatriation Act 1920 as amended by sub-section 24 (2) of this Act;(vi) section 6 of the
Interim Forces Benefits Act 1947 as amended by section 49 of this Act;(vii) section 7 of the
Interim Forces Benefits Act 1947 as amended by section 50 of this Act;(viii) section 7 of the
Repatriation (Far East Strategic Reserve )Act 1956 as amended by sub-section 54 (2) of this Act; and(ix) section 7 of the
Repatriation (Special Overseas Service )Act 1962 as amended by sub-section 61 (2) of this Act.
(a) that the investigation of the claim did not disclose material, and there is no other material before the Tribunal, that raises a reasonable hypothesis that there exists a connection required by this Act to exist between the death or incapacity of the member and the member’s war service; or
(b) that any such reasonable hypothesis raised by material before the Tribunal has been dispelled.
(a) decisions of the Commission in respect of claims for pension where consideration of the claims by the Commission commenced after the expiration of that period;
(b) decisions of the Veterans’ Review Board in respect of reviews of decisions of the Commission referred to in paragraph (a); and
(c) decisions of the Administrative Appeals Tribunal in respect of reviews of decisions of the Commission referred to in paragraph (a) or reviews of decisions of the Veterans’ Review Board in substitution for decisions of the Commission so referred to.
NEW SCHEDULE 3 TO THE REPATRIATION ACT 1920
SCHEDULE 3
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................................... |
|
Child of the member— | |
| $76.80 per fortnight |
| $76.80 per fortnight |
| $38.40 per fortnight |
TABLE B
PENSIONS PAYABLE IN THE CASE OF TOTAL INCAPACITY OF A MEMBER OF THE FORCES
Description of rate | Rate of pension payable |
General Rate................................ |
|
Special Rate................................. |
|
TABLE C
PENSIONS PAYABLE IN CASES OF PARTIAL OR SPECIFIC INCAPACITY OF MEMBERS OF THE FORCES
RATE OF PENSION PAYABLE
Such rate, being
less than the rate or the maximum rate, as the case may be, prescribed by Table
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; Nos. 41, 61 and 160, 1981; Nos. 20 and 80, 1982; No. 100, 1982 (as amended by No. 39, 1983); Nos. 36 and 70, 1983; and Nos. 78, 97 and 134, 1984.
2. No. 60, 1940, as amended. For previous amendments, see No. 77, 1946; No. 80, 1950; Nos. 17 and 75, 1952; No. 70, 1953; No. 32, 1954; No. 40, 1955; No. 45, 1957; No. 48, 1958; No. 59, 1959; No. 46, 1960; No. 47, 1961; Nos. 64 and 113, 1964; No. 65, 1965; No. 43, 1966; No. 102, 1967; No. 67, 1968; No. 96, 1969; No. 61, 1970; Nos. 18 and 69, 1971; Nos. 16 and 83, 1972; Nos. 6 and 106, 1973; Nos. 4, 25 and 90, 1974; Nos. 35 and 111, 1975; Nos. 27, 91 and 112, 1976; No. 56, 1977; No. 129, 1978; Nos. 18 and 124, 1979; No. 129, 1980; No. 160, 1981; Nos. 80 and 100, 1982; No. 70, 1983; and No. 97, 1984.
3. No. 46, 1947, as amended. For previous amendments, see No. 79, 1950; No. 106 1964; No. 93, 1966; No. 5, 1973; No. 90, 1974; No. 18, 1979; No. 160, 1981; No. 100, 1982; and No. 97, 1984.
4. No. 91, 1956, as amended. For previous amendments, see No. 90, 1962 No 107 1964; No. 93, 1966; No. 81, 1972; No. 4, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 90, 1974; No. 129, 1978; No. 18, 1979; No. 160, 1981; No. 100, 1983 and No 97, 1984.
5. No. 89, 1962, as amended. For previous amendments, see No. 108, 1964; No. 110, 1965; No. 93, 1966; No. 78, 1968; No. 80, 1972; No. 3, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 90, 1974; No. 129, 1978; No. 18, 1979; No. 160, 1981; No. 100, 1982; No. 70, 1983; and No. 97, 1984.
[
House of Representatives on 17 May a.m. 1985
Senate on 22 May 1985
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