Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES

1965 No. 124

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REGULATIONS UNDER THE REPATRIATION ACT 1920-1964.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920-1964.

Dated this twenty-third day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

Minister of State for Repatriation.

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Amendments of the Repatriation Regulations 

Continuation at pension in certain cases during temporary absence from Commonwealth and Territories.

1. Regulation 34b of the Repatriation Regulations is amended—

(a)by inserting after the word and figures “regulation 34” the word and figures “, regulation 34aa”; and

(b)by omitting the words “for such period, not exceeding six months,” and inserting in their stead the words “for the whole or such part of the period of absence”.

2. Regulation 46 of the Repatriation Regulations is repealed and the following regulations inserted in its stead:—

Definitions.

“46. In this regulation and in the next three succeeding regulations—

‘appellant’ means an appellant who attends a sittings of a Tribunal at which his appeal is being heard;

‘Tribunal’ includes an Appeal Tribunal and an Assessment Appeal Tribunal.

Attendance allowance and payment of expenses of appellant.

“46a.—(1.) An appellant shall be paid by a Deputy Commissioner the fares paid by him for travelling to and from the place at which his appeal is heard or, if the Deputy Commissioner considers that the amount paid by the appellant is unreasonable, such amount as the Deputy Commissioner considers to be reasonable in the circumstances.

“(2.) Where—

(a) an appellant who is an employee of another person attends a sittings of a Tribunal for a period of less than one day;

(b)as a result of that attendance he loses salary or wages for that period or part of that period; and

 

* Notified in the Commonwealth Gazette on 2 September, 1965.

  Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72, 106, 149 and 169; 1948, Nos. 38, 43, 80, 135 and 137; 1950, No. 96; 1951, Nos. 7 and 58; 1952, Nos. 7, 88 and 101; 1953, No. 6; 1956, Nos. 32, 73 and 101; 1958, No. 22; 1960, Nos. 56 and 60; 1961, Nos. 74 and 139; 1962, No. 93; and 1963, Nos. 57 and 104.

3044/65.—Price 9d. 10/2.8.1965

 

(c) the appellant furnishes to the Deputy Commissioner a certificate from his employer, in an approved form, stating the loss of salary or wages incurred by the appellant by reason of his absence from employment on that day,

the appellant is, subject to the next succeeding sub-regulation, entitled to be paid an allowance in respect of his attendance.

“(3.) The Deputy Commissioner may require an appellant to produce a certificate from his employer, in an approved form, giving particulars of—

(a)the hours during which the appellant would, but for his attendance at the sittings of the Tribunal, have been employed on the day of that attendance;

(b) the rate of the appellant’s salary or wages in respect of that day; and

(c) the amount of the loss (if any) of salary or wages by the appellant by reason of his absence from his employment on that day.

“(4.) Where—

(a) an appellant who is not an employee of another person attends a sittings of a Tribunal for a period of less than one day; and

(b) the appellant satisfies a Deputy Commissioner—

(i) that he would, but for his attendance, have been occupied during the whole or a part of that period in earning his living; and

(ii) that he has, because of not being so occupied, suffered a loss of earnings,

the appellant is entitled to be paid an allowance in respect of his attendance.

“(5.) Subject to the next two succeeding sub-regulations, the allowance payable under sub-regulation (2.) or (4.) of this regulation in respect of a period is—

(a) an amount calculated at the rate of Five shillings per hour;

(b) an amount of Two pounds; or

(c) an amount equal to—

(i) the loss of salary or wages by the appellant as set out in the certificate of his employer; or

(ii) in respect of an appellant referred to in the last preceding sub-regulation, the loss of earnings,

whichever is the least, but where that amount is less than Seven shillings and sixpence, the amount payable is Seven shillings and sixpence.

“(6.) Payments of allowance to an appellant under sub-regulation (2.) or (4.) of this regulation in respect of two or more attendances before the Tribunal in any period of seven days shall not exceed, in the aggregate, Four pounds.

“(7.) The total payment by way of pension (excluding attendant’s allowance), sustenance under regulation 71 or regulation 72 of these Regulations and allowance under this regulation for any period shall not exceed the amount payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Act.

 

“(8.) Where the incapacity of a member is of such a nature that, in the opinion of a Departmental Medical Officer, it is necessary for the member to be conveyed to and from the place of hearing of his appeal in an ambulance or other special form of conveyance, the member is entitled to be reimbursed by the Deputy Commissioner the expenses reasonably incurred by him in being so conveyed.

Expenses of attendant.

“46b.—(1.) Where—

(a) an appellant is accompanied by an attendant; and

(b) the Deputy Commissioner approves, or has approved, for the purposes of this regulation, the appellant being so accompanied,

this regulation applies to the attendant.

“(2.) An attendant to whom this regulation applies shall be paid by the Deputy Commissioner the fares paid by him for travelling to and from the place at which the appeal is heard.

“(3.) Where an attendant to whom this regulation applies satisfies the Deputy Commissioner that he has, because of his attendance, suffered a loss of salary, wages or earnings, he is entitled to be paid such reasonable allowance in respect of that loss of salary, wages or earnings as the Deputy Commissioner determines but not exceeding his actual loss of salary, wages or earnings.

Subsistence allowance.

“46c.—(1.) Subject to the next succeeding sub-regulation, an appellant or an attendant in relation to whom the last preceding regulation applies, is entitled to receive such reasonable allowance as the Deputy Commissioner determines in respect of the expenses incurred by the appellant or the attendant, as the case may be, for subsistence while travelling to or from a sittings of a Tribunal.

“(2.) The allowance payable to a person under the last preceding sub-regulation shall not exceed Two pounds fourteen shillings per day unless the Deputy Commissioner certifies that there are special circumstances justifying the payment of a greater amount.”.

Expenses of travelling for medical treatment by eligible persons.

3—(1.) Regulation 73a of the Repatriation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where it is necessary for a person referred to in the last preceding regulation to travel—

(a) to obtain medical treatment;

(b) for restoration of that person’s health;

(c) to be fitted for surgical aids or appliances or artificial replacements;

(d) to hospital; or

(e) for pension purposes,

a Deputy Commissioner may, subject to such conditions as the Commission determines, grant that person’s fare for the forward and return journeys.”.

(2.) Regulation 73a of the Repatriation Regulations is amended by omitting from sub-regulation (4.) the words “One pound ten shillings” and inserting in their stead the words “Two pounds fourteen shillings”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.