Repatriation Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 2681

—————

Repatriation Regulations2 (Amendment)

I, THE ADMINISTRATOR of the Government 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 11 October 1985.

J. A. ROWLAND

Administrator

By His Excellency’s Command,

A. T. GIETZELT

Minister of State for Veterans’ Affairs

—————

Interpretation

1. Regulation 5 of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of “deceased unmarried member”;

(b) by omitting all the words after “Schedule 2 to the Act,” from the definition of “totally and permanently incapacitated” in sub-regulation (1) and substituting “as a person to whom the special rate of pension may be granted”; and

(c) by omitting from sub-regulation (1) the definitions of “widowed mother”, “widowed step-mother” and “wife” and substituting the following definition:

“ ‘wife’ means—

(a) the wife of a member; or

(b) a person who is a dependent female, as defined in section 23 of the Act, of a living member.”.

 

Interpretation

2. Regulation 6 of the Repatriation Regulations is amended by omitting paragraph (e) of the definition of “dependant” and substituting the following paragraph:

‘‘(e) section 46 of the Act, or the provisions of that section as extended by section 99, 104, 107a or 107e of the Act; or”.

Repeal of Division 2 of Part II

3. Division 2 of Part II of the Repatriation Regulations is repealed.

Travelling expenses payable to applicants

4. Regulation 42 of the Repatriation Regulations is amended by adding at the end the following paragraph:

“; (c) the cost of meals purchased while the applicant is necessarily absent from his or her place of residence for the purpose of attending at the hearing of the review by the Board”.

Allowance while undergoing medical treatment, &c.

5. Regulation 71 of the Repatriation Regulations is amended—

(a) by omitting paragraph (8) (b) and substituting the following paragraph:

“(b) where the member has a prescribed relative—pension was, or would, but for paragraph (c) of the proviso to sub-section 101 (1) of the Act, have been, payable—

(i) in respect of the member, at a rate equal to the special rate of pension specified in Schedule 2 to the Act; and

(ii) in respect of each of the member’s prescribed relatives, under sub-section 66 (2) of the Amendment Act in accordance with Table B of the repealed Schedule 3”;

(b) by omitting clause (10) (a) (i) (B)and substituting the following clause:

“(B) where the member has a prescribed relative—the amount equal to the aggregate of the amount referred to in clause (a)and the average amount, in respect of the relevant period, of the total pension that would have been payable fortnightly in respect of the prescribed relatives of the member if the prescribed relatives had been entitled throughout that period to receive pension in accordance with Table B of the repealed Schedule 3; or”;

(c) by omitting clause (10) (a) (ii) (B) and substituting the following clause:

“(B) where the member has a prescribed relative the amount equal to the aggregate of the amount referred to in clause (a) and the average amount, in respect of the relevant period, of the total pension that was, or would, but for paragraph (c) of the proviso to sub-section 101 (1) of the Act, have been, payable fortnightly under sub-section 66 (2) of the Amendment Act in respect of the prescribed relatives of the member; and”:

(d) by omitting from sub-regulation (11) “wife, a child or children, or a wife and a child or children” and substituting “prescribed relative”;

(e) by inserting in sub-regulation (15) before the definition of “annual sick leave entitlement” the following definition:

“‘Amendment Act’ means the Repatriation Legislation Amendment Act 1985;”

(f) by inserting in sub-regulation (15) after the definition of “child” the following definition:

“ ‘prescribed relative’, in relation to a member, means a person who is a wife or child of the member and in respect of whom a pension is payable under sub-section 66 (2) of the Amendment Act;”; and

(g) by inserting in sub-regulation (15) after the definition of “relevant period” the following definition:

“ ‘repealed Scheduled’ means Schedule 3 to the Act as that Schedule was in force immediately before the Amendment Act came into operation;”.

Allowance payable in respect of member in hospital, &c.

6. Regulation 72aof the Repatriation Regulations is amended—

(a) by inserting in paragraph (6) (b) “, under sub-section 66 (2) of the Amendment Act,” after “pay”;

(b) by omitting from paragraph (6) (b) “in Schedule 3 to the Act” and substituting “of the repealed Schedule 3”;

(c) by omitting from paragraph (7) (a) “in Schedule 3 to the Act” and substituting “of the repealed Schedule 3”;

(d) by omitting from paragraph (7) (a) “Table B in” and substituting “Table B of;

(e) by omitting from paragraph (7) (b) “in Schedule 3 to the Act” and substituting “of the repealed Schedule 3”;

(f) by inserting before paragraph (10) (a) the following paragraph:

“(aa) a reference to the Amendment Act shall be read as a reference to the Repatriation Legislation Amendment Act 7955;”;

(g) by omitting from paragraph (10) (b) “and”; and

(h) by adding at the end of sub-regulation (10) the following word and paragraph:

“; and (d) a reference to the repealed Schedule 3 shall beread as a reference to Schedule 3 to the Act as that Schedule was in force immediately before the Amendment Act came into operation”.

Medical treatment for widows, &c.

7. (1) Regulation 73 of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) all the words after “deceased members”; and

(b) by omitting from sub-regulation (2) “39 (4) or”.

(2) Notwithstanding the amendments effected by sub-regulation (1), where a person who is a widowed mother, or a widowed step-mother, of a deceased unmarried member—

(a) had been granted a pension under the Repatriation Act 1920 which, by force of sub-section (2) of section 66 of the Repatriation Legislation Amendment Act 7955, continued to be payable after the commencement of that section; and

(b) continues to be entitled to that pension,

that person continues, by force of this sub-regulation, to be a person for whom a Deputy Commissioner may, subject to such conditions as the Repatriation Commission determines, provide medical treatment.

Repeal of regulation 176

8. (1) Regulation 176 of the Repatriation Regulations is repealed.

(2) Notwithstanding the repeal effected by sub-regulation (1), an allowance that—

(a) was granted under regulation 176 of the Repatriation Regulations before the commencement of this regulation; and

(b) was payable immediately before the commencement of this regulation,

continues, by force of this sub-regulation, to be payable after the commencement of this regulation as if that repeal had not been effected.

Funeral expenses

9. Regulation 179 of the Repatriation Regulations is amended by omitting paragraphs (2) (c) and (d) and substituting the following paragraphs:

‘‘(c) a person who was a widowed mother of a deceased unmarried member and was, at the time of her death, receiving a pension payable by force of sub-section 66 (2) of the Repatriation Legislation Amendment Act 1985;

(d) a person who was a widowed step-mother of a deceased unmarried member and was, at the time of her death, receiving a pension payable by force of sub-section 66 (2) of the Repatriation Legislation Amendment Act 1985”.’

Prescribed travelling expenses for the purposes of sub-section 29d (1) of the Act

10. Regulation 187a of the Repatriation Regulations is amended—

(a) by omitting from paragraph (b) ‘‘that person’s” and substituting ‘‘his or her”; and

(b) by adding at the end the following paragraph:

‘‘; (c) the cost of meals purchased while the claimant, applicant or person likely to be affected by the review is necessarily absent from his or her place of residence for the purpose of attending before the Commission, or the delegate of the Commission, for the discussion in relation to the claim, application or review”.

 

Prescribed travelling expenses for the purposes of sub-section 107vzza (1) of the Act

11. Regulation 188b of the Repatriation Regulations is amended by adding at the end the following paragraph:

“; (c) the cost of meals purchased while the party to the proceedings is necessarily absent from the party’s place of residence for the purpose of attending before the Administrative Appeals Tribunal in connection with the review”.

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

12. Regulation 194 of the Repatriation Regulations is amended by omitting from sub-regulation (2) “176,”.

Extension of certain provisions to woman members of the Forces

13. Regulation 196 of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (2) all the words after “application” and substituting “any reference to a member shall be read as a reference to a woman member”;

(b) by omitting from sub-regulation (2b) all the words after “unless” (first occurring) and substituting “the child is without adequate means of support”; and

(c) by omitting sub-regulation (4).

Extension of certain provisions to certain members of the Defence Force

14. Regulation 200 of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (2) “ 176,”;

(b) by omitting paragraph (2) (c); and

(c) by omitting from sub-regulation (3) all the words after “unless” and substituting “the child is without adequate means of support”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 18 October 1985.

2. Statutory Rules 1943 No. 233 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 45 and see also