Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1960. No. 56.

REGULATIONS UNDER THE REPATRIATION ACT 1920-1959.*

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 1920-1959.

Dated this 21st day of July, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

AMENDMENTS OF THE REPATRIATION REGULATIONS. 

Repeal of regulations 28A and 30.

1. Regulations 28A and 30 of the Repatriation Regulations are repealed.

Payment of expenses of appellant.

2.—(1.) Regulation 46 of the Repatriation Regulations is amended—

(a)by omitting from paragraph (c) of sub-regulation (1.) the figures “25 0” and inserting in their stead the figures “30 0”; and

(b) by omitting from sub-regulation (2.) the words “One pound five shillings” and inserting in their stead the words “One pound ten shillings”.

(2.) This regulation shall be deemed to have come into operation on the fifth day of November, 1953.

Sustenance allowance while undergoing surgical treatment, &c.

3.—(1.) Regulation 71 of the Repatriation Regulations is repealed and the following regulation inserted in its stead:—

“71.—(1.) Where a member, other than a totally incapacitated member, is prevented from following his usual occupation through—

(a) the necessities of treatment for an incapacity due to war service;

(b)the necessities of treatment for, or institutional care in consequence of, venereal disease contracted during war service; or

(c) awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by an incapacity due to war service,

* Notified in the Commonwealth Gazette on 28th July, 1960.

  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; and 1958, No. 22.

3914/59.—PRICE 5D. 9/14.4.1960.

a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member, for the period for which he is so prevented, sustenance allowance at a rate not exceeding—

(d)the rate of pension or, if the member is in receipt of a pension, the increase in the rate of pension to the rate of pension, which would be payable to the member under the First Schedule to the Act upon his total incapacity; or

(e) if the member has a wife and children or a wife or children, the total of the rates of pension or, if the member is in receipt of a pension, the total of the increase in the rates of pension to the rates of pension, which would be payable to the member under the First Schedule to the Act, and in respect of his wife and children or wife or children, as the case may be, under the Third Schedule to the Act, upon his total incapacity.

“(2.) For the purposes of the last preceding sub-regulation, the pension which would be payable to the member upon his total incapacity shall be deemed to be the pension specified in the first item in the First Schedule to the Act.

“(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;

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

(c) the member’s salary, wages and earnings,

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.

“(4.) Where sustenance allowance is granted under sub-regulation (1.) of this regulation to a member who has a wife and children or a wife or children, the Commission may, in its discretion, direct that such part of the allowance as the Commission determines be paid to such persons as the Commission specifies.”.

(2.) This regulation shall be deemed to have come into operation on the sixth day of October, 1954.

Medical treatment for widows, &c.

4. Regulation 73 of the Repatriation Regulations is amended by omitting from sub-regulation (1.) the words “A Deputy Commissioner” and inserting in their stead the words “Subject to such conditions as the Commission determines, a Deputy Commissioner”.

Expenses of travelling for medical treatment by eligible persons.

5.—(1.) After regulation 73 of the Repatriation Regulations the following regulation is inserted:—

“73A.—(1.) Where it is necessary for a person to proceed to hospital for the purpose of receiving medical treatment provided for that person under the last preceding regulation, a Deputy Commissioner may, subject to such conditions’ as the Commission determines, grant that person’s fare for the forward and return journeys.

“(2.) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or a local Medical Officer, as the case may be, authorize an attendant to accompany a person who is travelling for the purpose specified in the last preceding sub-regulation and may pay the attendant’s fares for the forward and return journeys.

“(3.) Subject to the next succeeding sub-regulation, a Deputy Commissioner may pay such amount as he considers reasonable in respect of the expenses of subsistence necessarily incurred, as a result of travelling for the purpose specified in sub-regulation (1.) of this regulation, by a person, or by a person and his attendant, as the case may be.

“(4.) The amount payable under the last preceding sub-regulation shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed One pound ten shillings per day.”.

(2.) This regulation shall be deemed to have come into operation on the ninth day of April, 1953.

Expenses of travelling for medical treatment or pension purposes by members.

6.—(1.) Regulation 74 of the Repatriation Regulations is amended by omitting from sub-regulation (4.) the words “One pound five shillings” and inserting in their stead the words “One pound ten shillings”.

(2.) This regulation shall be deemed to have come into operation on the fifth day of November, 1953.

Attendance allowance.

7.—(1.) Regulation 74A of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “Three shillings” and inserting in their stead the words “Four shillings”;

(b) by omitting sub-regulation (4.) and inserting in its stead the following regulation:—

“(4.) Subject to the next succeeding sub-regulation, the amount of allowance payable under this regulation in respect of a day or part of a day shall not be less than Six shillings nor more than One pound twelve shillings.”; and

(c) by omitting from sub-regulation (5.) the words “Two pounds eight shillings” and inserting in their stead the words “Three pounds four shillings”.

(2.) This regulation shall be deemed to have come into operation on the fifth day of November, 1953.

Severely incapacitated members.

8.—(1.) Regulation 104A of the Repatriation Regulations is amended by omitting sub-regulations (3.) and (4.) and inserting in their stead the following sub-regulations:—

“(3.) An allowance at a rate not exceeding Five pounds in any one month is payable in the case of a member who, due to war service—

(a) has lost both arms at or above the wrist;

(b) has lost both legs below the knee;

(c) has lost one leg above the knee and the other leg below the knee;

(d)has lost one leg above or below the knee and one arm below the elbow; or

(e) is incapacitated to an extent that, in the opinion of the Commission, is at least similar in effect or in severity to an incapacity specified in one of the preceding paragraphs of this sub-regulation.

“(4.) For the purposes of this regulation—

(a)a leg which has been rendered permanently and wholly useless above or below the knee shall be deemed to have been lost above or below the knee, as the case may be; and

(b)an arm which has been rendered permanently and wholly useless above the wrist or below the elbow shall be deemed to have been lost above the wrist or below the elbow, as the case may be.”.

(2.) This regulation shall be deemed to have come into operation on the first day of June, 1953.

Allowance to certain widows.

9.—(1.) Regulation 176D of the Repatriation Regulations is repealed and the following regulation inserted in its stead:—

“176D. Subject to such conditions as the Commission determines, an allowance at the rate of Four pounds per fortnight is payable to—

(a)a widow who has attained the age of fifty years or is, in the opinion of the Commission, permanently unemployable; or

(b)a widow with a child who has the care and custody of the child or has made arrangements for the care and custody of the child which, in the opinion of the Commission, warrant payment of the allowance, and the child—

(i) is undergoing a course of education or training approved for the purpose of this regulation by the Commission and is not in receipt of, or entitled to be paid, a wage that, in the opinion of the Commission, is an adequate living wage; or

(ii) is under the age of sixteen years.”.

(2.) This regulation shall be deemed to have come into operation on the seventeenth day of October, 1957.

(3.) Notwithstanding anything in regulation 176D of the Repatriation Regulations as in force during the period that commenced on the ninth day of April, 1953, and ended on the sixteenth day of October, 1957, the rate of allowance payable under that regulation in respect of—

(a)the period from and including the ninth day of April, 1953, to and including the fourth day of November, 1953, shall be deemed to have been Three pounds four shillings per fortnight; and

 (b) the period from and including the fifth day of November, 1953, to and including the sixteenth day of October, 1957, shall be deemed to have been Three pounds nine shillings per fortnight,

and an allowance shall be deemed to have been payable during each of those periods to a widow with a child if the conditions specified in paragraph (b) of regulation 176D of the Repatriation Regulations as inserted by this regulation were, during either of the periods specified in paragraph (a) or (b)of this sub-regulation, applicable.

The Schedule.

10. The Schedule to the Repatriation Regulations is amended by omitting Form S.P.3 and inserting in its stead the following form:—

Regulation 28.

FORM S.P.3.

COMMONWEALTH OF AUSTRALIA.

REPATRIATION DEPARTMENT.

INCOME AND PROPERTY STATEMENT.

1. Your full name (block letters)

2. Your full postal address

3. What is your age?

4. Are you single, married, widowed, or divorced? (State which)

5. If married, are you living with your spouse?

6. (a)Are you employed on your own account or by an employer? (State which)

(b) What is the full name and address of your present employer?

(c) Give full name and address of any other employers during the last twelve months and approximate dates of employment

(d)How much per week are you earning? State exact amount; and when employment commenced

(e) How much did you earn during the last twelve months?

7. (a) Do you pay rent? If so, state amount paid per week

(b) Do you pay for:—

(i) Board

(ii) Lodging?

(c) If so, state amount paid per week

(d)Give name and address of person to whom you pay rent, board or lodging

8. Do you receive board or lodging either free or in return for services? If so, state from whom, and the relationship, if any, of such a person to yourself

 

9. Do you own or partly own the house in which you live? If so, give:—

(i) Present value of home

(ii) Amount of any mortgage or encumbrance

10. Do you own or partly own or have an interest in any other house, land or property? If so, give:—

(i) Exact location

(ii) Value of house, land or property

(iii) Amount of any mortgage or encumbrance

11. Do you sublet any portion of the house in which you live? If so, state:—

Weekly amount of rent received from this source

12. Do you keep boarders or lodgers other than your children? If so, state:—

(a) Number of lodgers receiving accommodation only and the total weekly amount received from them

(b)Number of lodgers receiving bed and breakfast only and the total weekly amount received from them

(c) Number of boarders receiving full board and the total weekly amount received from them

13. Do you conduct a farm or a small holding? If so, state:—

Value and number of any horses, cattle, sheep, other livestock, cars, vehicles, implements, &c., owned and used by you in conducting your farm or holding (give full details)

14. Do you conduct a business? If so, state:—

(a) Average weekly turnover

(b) Average weekly profit

15. Do you receive any of the following? If so, give full particulars

(a)Age, invalid, or widow’s pension or any other social service payment

(b)Compensation, superannuation or miner’s pension

(c) Any other pension

16. Have you any of the following:—

(a) Money in any bank or savings bank? If so, give name and address of each bank, the amount standing to your credit in each and the number of each account

(b) Cash on hand, bonds, stock, shares, money on loan, or other investments. Give details and value

(c) Interest in any deceased estate. Give full particulars

(d) Life assurance policies. Give full particulars including policy number and name of company

 

17. Have you any other income or property (including car) not previously disclosed in this statement?

18. Have you during the last twelve months transferred or otherwise disposed of money, assets, or property (including car) of any kind? If so, give details

THE FOLLOWING PARTICULARS ARE REQUIRED REGARDING ANY OF YOUR CHILDREN UNDER 16 YEARS WHO ARE BEING MAINTAINED BY YOU.

Name. Age. State weekly earning or weekly income per child. Address.

I declare that I am the person whose particulars of income and property are set out in the above statement, and that these particulars are true and correct in every detail. I undertake to notify the Department immediately there is any change in the above particulars. I am aware that there are penalties for making a false or misleading statement.

By Authority: A. J. ARTHUR, C