Repatriation Regulations (Amendment) (Cth)

Statutory Rules

1977 No. 167

REGULATIONS UNDER THE REPATRIATION ACT 1920*

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

Dated this twenty-second day of September 1977.

JOHN R. KERR

Governor-General

By His Excellency’s Command,

R. V. GARLAND

Minister of State for Veterans’ Affairs

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AMENDMENTS OF THE REPATRIATION REGULATIONS 

Commencement

1.These Regulations shall come into operation on 1 October 1977.

Parts

2.Regulation 4 of the Repatriation Regulations is repealed.

Interpretation

3.Regulation 5 of the Repatriation Regulations is amended—

(a) by omitting the definition of “ Deputy Commissioner ” and substituting the following definition:

“ ‘ Deputy Commissioner ’ means a person for the time being performing the duties of Deputy Commissioner in the Department and, in relation to a State, means the Deputy Commissioner for that State;”; and

(b) by omitting the definitions of “ the Act ” and “ the Department ” and substituting the following definition:

“ ‘ the Act ’ means the Repatriation Act 1920;”.

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* Notified in the Commonwealth of Australia Gazette on 29 September 1977.

  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; 1963, Nos. 57 and 104; 1965, No. 124; 1966, Nos. 65 and 168; 1967, No. 150; 1968, No. 122; 1969, No. 178; 1970, No. 150; 1972, Nos. 180 and 186; 1973. Nos. 25, 151 and 282; 1974, No. 57; and 1975, No. 93.

Claim for service pension to be in accordance with approved form

4. Regulations 10 and 11 of the Repatriation Regulations are repealed and the following regulation is substituted:

“ 10. (1) A claim for a service pension—

(a) shall be in accordance with the approved form; and

(b) shall be accompanied by such evidence available to the person making the claim as the person considers may support the claim.

“ (2) A claim for a service pension shall be forwarded to the Secretary at the appropriate address prescribed by paragraph 123ac (1) (a) of the Act or regulation 13.

Appropriate address

5.Regulation 13 of the Repatriation Regulations is repealed and the following regulations are substituted:

“ 13. (1) In this regulation, ‘ related Act ’ means—

(a) the Interim Forces Benefits Act 1947;

(b) the Repatriation (Far East Strategic Reserve) Act 1956; or

(c) the Repatriation (Special Overseas Service) Act 1962.

“ (2) For the purposes of paragraph 123ac (1) (b) of the Act or for the purposes of a related Act, the appropriate address to which a person who resides in a place referred to in column 2 of the following table in an item in the table may forward a claim, application, notification or other document to the Secretary is the address, or any address, of the Department in the Australian Capital Territory or the address referred to in column 3 of the table in that item:

Column 1	Column 2	Column 3
Item	Place of residence	Appropriate address
1.	An overseas country other than Eire, Fiji, New Zealand or Papua New Guinea	The office of an Australian Consular Officer or Australian Diplomatic Officer, as defined by the Consular Fees Act 1955, exercising his functions in relation to the place in which the person resides
2.	Eire............................................	The Australian High Commission, London, United Kingdom
3.	Fiji..............................................	The Secretary, War Pensions Board, The Treasury, Suva, Fiji
4.	New Zealand.............................	The Director-General, Department of Social Welfare Wellington, New Zealand
5.	Papua New Guinea....................	Department of Veterans’ Affairs, Brisbane, Queensland, Australia
6.	Australian Capital Territory	Department of Veterans’ Affairs, Sydney, New South Wales
7.	Jervis Bay Territory...................	Department of Veterans’ Affairs, Sydney, New South Wales
3.	Norfolk Island...........................	Department of Veterans’ Affairs, Sydney, New South Wales
9.	Northern Territory.....................	Department of Veterans’ Affairs, Adelaide, South Australia
10.	Territory of Christmas Island	Department of Veterans’ Affairs, Perth, Western Australia
11.	Territory of Cocos (Keeling) Islands	Department of Veterans’ Affairs, Perth, Western Australia

 

Action on receipt of claims

“ 13a. Where a claim is lodged with the Department, a Deputy Commissioner shall cause the date on which it was lodged to be recorded on the claim.

Date of claim for pension for member or dependant—claim made by member or his representative

“ 13b. Where—

(a) a claim for pension for a member, being a claim that is not in accordance with sub-section 24aa (1) of the Act or sub-regulation 10 (1), is lodged in writing at the appropriate address prescribed by paragraph 123ac (1) (a) of the Act or regulation 13; and

(b) a claim for the pension, or for a pension for a dependant of the member, being a claim that is in accordance with subsection 24aa (1) of the Act or sub-regulation 10 (1), is made by the member or the legal personal representative of the member, or, if there is no legal personal representative of the member, the person approved by the Commission under section 24a of the Act as the representative of the member, and is so lodged not later than 3 months after the date on which the claim referred to in paragraph (a) was lodged,

the claim referred to in paragraph (b) shall, for the purposes of the Act, be regarded as having been lodged on the date on which the claim referred to in paragraph (a) was lodged.

Date of claim for pension for dependant—claim made by or on behalf of dependant

“ 13c. Where—

(a) a claim for pension for a dependant, being a claim that is not in accordance with sub-section 24aa (1) of the Act or sub-regulation 10 (1), is lodged in writing at the appropriate address prescribed by paragraph 123ac (1) (a) of the Act or regulation 13; and

(b) a claim for the pension, being a claim that is in accordance with sub-section 24aa (1) of the Act or sub-regulation 10 (1), is made by or on behalf of the dependant and is so lodged not later than 3 months after the date on which the claim referred to in paragraph (a) was lodged,

the claim referred to in paragraph (b) shall, for the purposes of the Act, be regarded as having been lodged on the date on which the claim referred to in paragraph (a) was lodged.”.