Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1963. No. 57.

 

REGULATIONS UNDER THE REPATRIATION ACT 1920-1962.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920-1962.

Dated this Twenty-seventh day of June, 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd) R. W. SWARTZ

Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations. 

Treatment for disease, &c., not due to war service.

1. Regulation 66 of the Repatriation Regulations is amended by omitting paragraph (a) from sub-regulation (3.) and inserting in its stead the following paragraph:—

“(a) an infectious or contagious disease in respect of which the member is required by law to undergo treatment in an institution without charge to the member;”.

2.—(1.) Regulation 67 of the Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Meaning of medical treatment.

“67.—(1.) For the purposes of this Part, ‘medical treatment’ means, subject to such qualifications as the Commission, with respect to any particular case or class of cases, from time to time determines, medicinal, surgical and all other forms of treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes, subject to the same qualifications, the supply, renewal and repair of artificial replacements and surgical and other aids and appliances.”.

(2.) The last preceding sub-regulation shall be deemed to have come into operation on the first day of April, 1963.

* Notified in the Commonwealth Gazette on 1st July, 1963.

  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; and 1962, No. 93.

3774/63.—Price 3d. 10/1.5.1963.

 

Sustenance allowance while undergoing medical treatment, &c.

3. Regulation 71 of the Repatriation Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) Where a member is, with the authority of the Deputy Commissioner, receiving in-patient treatment at a hospital or similar institution for an incapacity due to war service and the total amount of—

(a) pension payable to the member and, if the member has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be; and

(b) sustenance allowance granted to the member under sub-regulation (1.) of this regulation,

during the period for which he is receiving that treatment is less than the total amount of pension payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Act, and, if the member has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be, a Deputy Commissioner may, subject to the directions of the Commission, grant to the member a sustenance allowance or an additional sustenance allowance of a sum not exceeding the difference between those amounts.”.

Funeral expenses.

4. Regulation 179 of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) Subject to the next succeeding sub-regulation, a Deputy Commissioner may grant a sum, not exceeding Ten pounds, towards the funeral expenses of a member—

(a) who, until his death, was in receipt of a service pension under Division 5 of Part III. of the Act; or

(b) who had made application for the grant of, and but for his death before the determination of the application would, in the opinion of the Commission, have been granted, a service pension under that Division.

“(4.) The last preceding sub-regulation does not authorise—

(a) the payment of an amount towards the funeral expenses of—

(i) a member referred to in sub-regulation (1.) of this regulation; or

(ii) a deceased age or invalid pensioner as defined by section 54 of the Social Services Act 1947-1962; or

(b) the payment towards the funeral expenses of a member of an amount which, when added to an amount payable in respect of the funeral expenses of the member from a contributory funeral benefit fund (other than such a fund conducted by a friendly society or a trade union) would exceed the amount of those expenses.”.

 

Extension of certain provisions to 1914–1918 members (home service).

5. Regulation 194 of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “(except regulation 73)”; and

(b) by omitting paragraph (a) and (b) of sub-regulation (2.) and inserting in their stead the following paragraphs:—

“(a) any reference to a member shall be read as a reference to a 1914-1918 member (home service);

(b) any reference to a wife or to a child has the same meaning in relation to a 1914-1918 member (home service) as, by virtue of the last preceding regulation, it has in relation to a 1914-1918 member (general service); and

(c) a reference to a widow has the same meaning in relation to a 1914-1918 member (home service) as, by virtue of the last preceding regulation, it has in relation to a 1914-1918 member (general service).”.

 

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