Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1958. No. 22.

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REGULATIONS UNDER THE REPATRIATION ACT 1920-1957.*

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 1920-1957.

Dated this twenty-seventh day of March, 1958.

W J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

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Amendments of the Repatriation Regulations. 

1. Regulation 66 of the Repatriation Regulations is repealed and the following regulation inserted in its stead:—

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

“66.—(1.) Subject to the succeeding provisions of this regulation and to such conditions as the Commission determines, a Deputy Commissioner may provide medical treatment in the form of active remedial treatment in respect of a disease or disabling condition that is not due to war service for a member who is in receipt of a general rate of pension upon total incapacity under the First Schedule to the Act or a rate of pension under the Second Schedule to the Act.

“(2.) A member who would have been entitled to receive a rate of pension specified in the last preceding sub-regulation if his pension had not been cancelled under section 43 of the Act or the rate of his pension had not been reduced under—

(a) paragraph (c) of the proviso to sub-section (1.) of section 24 of the Act;

(b) paragraph (c) of the proviso to sub-section (1.) of section 101 of the Act; or

(c) sub-section (6.) of section 107c of the Act,

shall, for the purpose of this regulation, be deemed to be in receipt of a rate of pension specified in the last preceding sub-regulation.

“(3.) A member is not eligible for medical treatment under sub-regulation (1.) of this regulation at the expense of the Department if the disease or disabling condition is—

(a) an infectious or contagious disease;

(b)a chronic or incurable disease requiring treatment in an institution for a prolonged period;

 

* Notified in the Commonwealth Gazette on 31st March, 1958.

  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; and 1956, Nos. 32, 73 and 101.

506/58.—Price 3d. 9/3.2.1958.

 

(c) a condition caused by alcoholism or addiction to drugs; or

(d) a disease or disabling condition in respect of which the member—

(i) is eligible under a law of the Commonwealth or of a State or Territory of the Commonwealth for medical treatment at the expense of his employer;

(ii) is entitled to medical treatment under a scheme of contract medical attention; or

(iii) has recovered or received, or is entitled to recover or receive, the cost of medical treatment by way of damages or compensation from another person.

“(4.) Where—

(a) medical treatment in respect of a disease or disabling condition that is not due to war service is provided for a member who is not eligible for such medical treatment at the expense of the Department; or

(b)the Commission considers that the circumstances are such that the expense of medical treatment provided for a member under sub-regulation (1.) of this regulation should not be borne by the Department,

the amount of the expense of the medical treatment shall, if the Commission so directs, be deemed to be an amount supplied to the member by way of loan and thereupon that amount is repayable to the Department in a lump sum or in such instalments as the Commission, in its discretion, determines.”.

Rights of Commission under hire purchase agreement.

2. Regulation 144 of the Repatriation Regulations is amended by omitting from sub-regulation (2.) the words “or may be reasonable” and inserting in their stead the words “be or may reasonably be”.

Allowance to re-married widow of a deceased member who is again widowed.

3. Regulation 176 of the Repatriation Regulations is amended by omitting the words “the Part III. of the Social Services Consolidation Act 1947” and inserting in their stead the words “Part III. of the Social Services Act 1947-1957”.

Investment of moneys held by Commission.

4. Regulation 184 of the Repatriation Regulations is amended by omitting paragraphs (e) and (f) and inserting in their stead the following paragraph and words:—

“(e) in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia,

or may be lodged by the Commission at call or on fixed deposit, or partly at call or partly on fixed deposit, with the Commonwealth Bank of Australia.”.

Contributions in kind.

5. Regulation 184dof the Repatriation Regulations is amended by omitting the words “or regulation 184b”.

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