Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1961. No. 139.

 

REGULATIONS UNDER THE REPATRIATION ACT 1920-1961.*

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 1920-1961.

Dated this 13th day of November, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Sgd. F. M. Osborne

Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations. 

Commencement.

1. These Regulations shall be deemed to have come into operation on the day on which the Repatriation Act 1961 received the Royal Assent.

Sustenance allowance while undergoing medical treatment, &c.

2. Regulation 71 of the Repatriation Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Where—

(a)a member has, with the authority of a Deputy Commissioner, been receiving in-patient treatment at a hospital or institution for an incapacity due to war service; and

(b)upon the discharge of the member from the hospital or institution a departmental medical officer certifies, in writing, that the member will not be sufficiently recovered to be able to resume his usual occupation until the expiration of a period of convalescence, being a period specified in the certificate,

the member shall, for the purposes of the last preceding sub-regulation, be deemed to be continuing to receive that in-patient treatment until the expiration of the period so specified or until the member resumes his usual occupation, whichever first occurs.”.

* Notified in the Commonwealth Gazette on 23rd November, 1961.

  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, and 1961, No. 74.

8097/61.—Price 3d. 9/22.9.1961.

Attendance allowance.

3. Regulation 74a of the Repatriation Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “at”, the words “a place (in this regulation referred to as ‘the appointed place’), being”;

(b) by omitting from sub-regulation (3.) the words “attendance at an appointed place by a member to whom this regulation applies” and inserting in their stead the words “attendance at the appointed place by a member to whom this regulation applies, being an employee of another person,”;

(c) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Where—

(a)a member to whom this regulation applies, not being an employee of another person, attends at the appointed place for a period of less than one day; and

(b) the member satisfies a Deputy Commissioner that the member—

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

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

the Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member an allowance at the rate of Five shillings per hour in respect of the period that the Deputy Commissioner is satisfied was the period during which the member would, but for his attendance, have been occupied in earning his living.”; and

(d) by omitting from sub-regulation (6.) the words “an appointed place” and inserting in their stead the words “the appointed place or the amount of loss of earnings that a Deputy Commissioner is satisfied, for the purposes of sub-regulation (3a.) of this regulation, has been suffered by the member, as the case may be”.

Severely incapacitated members.

4. Regulation 104a of the Repatriation Regulations is amended by omitting from sub-regulations (2.) and (3.) the words “not exceeding” and inserting in their stead the word “of”.

Allowances to certain widows.

5.—(1.) Regulation 176dof the Repatriation Regulations is amended by omitting the words “Six pounds” and inserting in their stead the words “Six pounds five shillings”.

(2.) The amendment made by the last preceding sub-regulation applies in relation to an instalment of an allowance falling due on the first pension pay day after the date of commencement of these Regulations and to all subsequent instalments.

 

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