Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1953. No. 6.

REGULATIONS UNDER THE REPATRIATION ACT 1920-1952.*

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 1920-1952.

Dated this  twenty fourth

day of  January ,1953.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

Amendments of the Repatriation Regulations. 

Commencement.

1. These Regulations shall be deemed to have come into operation on the second day of October, 1952.

Payment of expenses of appellant.

2. Regulation 46 of the Repatriation Regulations is amended—

(a) by omitting from paragraph (c) of sub-regulation (1.) the figures “20 0” and inserting in their stead the figures “25 0”; and

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

Sustenance allowance while undergoing medical treatment, &c.

3. Regulation 71 of the Repatriation Regulations is amended by omitting the scale in sub-regulation (1.) and inserting in its stead the following scale:—

In respect of—	Amount per fortnight.
£	s.	d.
The member ..................................................................................................	8	0	0
The wife of the member..................................................................................	3	11	0
Each child of the member................................................................................	1	7	6

Expenses of travelling for medical treatment or pension purposes.

4. Regulation 74 of the Repatriation Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or a Local Medical Officer, as the case may

* Notified in the Commonwealth Gazette on , 1953.

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; and 1952, Nos. 7 and 88.

5298.—Price 3d.  9/30.12.1952.

be, authorize an attendant to accompany a member who is travelling for a purpose specified in the last preceding sub-regulation and may pay—

(a) the attendant’s fares for the forward and return journeys;

and

(b) such allowance (not exceeding the actual amount of the salary or wages lost), in respect of any loss of salary or wages suffered by the attendant by reason of his accompanying the member, as the Commission considers reasonable.

“(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 a purpose specified in sub-regulation (1.) of this regulation, by the member, or by the member and his attendant, as the case requires.

“(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 five shillings per person per day.”.

Attendance allowance.

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

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulation:—

“(1.) This regulation applies to a member who is required by a Deputy Commissioner to attend, in connexion with a disability of the member due to war service or a disability in respect of which he claims pension, or applies for treatment, on the ground that the disability is due to war service, at—

(a) an out-patient clinic or a hospital of the Department;

(b) the rooms of a Local Medical Officer or of a medical practitioner, dentist, oculist, optician, physiotherapist or other person designated by a Deputy Commissioner;

(c) an artificial limb factory of the Department; or

(d) the Head-quarters Office or a Branch Office of the Department,

for the purpose of medical treatment, medical or other examination or tests, investigation for diagnosis, the supply, renewal, repair or fitting of artificial replacements, surgical aids or appliances, review of pension or any other purpose in connexion with medical treatment or pension.”;

(b) by omitting from sub-regulation (3.) the words “Two shillings and six pence” and inserting in their stead the words “Three shillings”;

(c) by omitting from sub-regulation (4.) the words “Four shillings” and “One pound” and inserting in their stead the words “Five shillings” and “One pound four shillings”, respectively; and

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

Definitions.

6. Regulation 85 of the Repatriation Regulations is amended by omitting paragraph (d) of the definition of “eligible child” and inserting in its stead the following paragraph:—

“(d) a member who is suffering from tuberculosis and who—

(i) has been granted a pension at the maximum rate specified in the Second Schedule to the Act; and

(ii) is, in the opinion of a Deputy Commissioner, likely to remain in receipt of pension at that rate for a period of not less than three years from the date on which the child commences primary education, or the date on which application is made for benefits or assistance under this Part of these Regulations in respect of the child, whichever is the later date.”.

Funeral expenses.

7. Regulation 179 of the Repatriation Regulations is amended by omitting the symbol and figures “£20” (wherever occurring) and inserting in their stead the words “Twenty-five pounds”.

Extension of certain provisions to 1914-1918 members (general service).

8. Regulation 193 of the Repatriation Regulations is amended by omitting from sub-regulation (2.) the words “of these Regulations” (first occurring) and inserting in their stead the words “and of regulation 104a of these Regulations”.

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

9. Regulation 194 of the Repatriation Regulations is amended by omitting from sub-regulation (2.) the words “of these Regulations” and inserting in their stead the words “and of regulation 104a of these Regulations”.

South African veterans.

10. Regulation 197 of the Repatriation Regulations is amended by omitting from sub-regulation (3.) the symbol and figures “£20” and inserting in their stead the words “Twenty-five pounds”.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.