Repatriation Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, hereby make the following Regulations under the
Dated 29 October 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
EVAN ADERMANN
Minister of State for Veterans’ Affairs
Attendance allowance and payment of expenses of applicant
1. Regulation 46A of the Repatriation Regulations is amended by omitting from sub‑regulation (4A) “loss of earnings allowance under regulation 71” and substituting “an allowance under regulation 71 or 72A”.
2. The heading to Part IV of the Repatriation Regulations is amended by omitting “LOSS OF EARNINGS” and substituting “ALLOWANCES”.
Treatment for disease, &c., not due to war service
3. Regulation 66 of the Repatriation Regulations is amended —
(a) by omitting from paragraph (b) of sub-regulation (1) “or”; and
(b) by adding at the end of sub-regulation (1) the following word and paragraph:
“; or (d) a member who, as the result of war service, is suffering from a disability described in column 1 of Schedule 5 to the Act.”.
4. After regulation 72 of the Repatriation Regulations the following regulations are inserted:
Allowances payable in respect of member in hospital, &c.
“72A. (1) Where —
(a) on or after the commencement of this regulation, a member was an in-patient in a hospital for the purpose of receiving medical treatment in respect of an incapacity due to war service;
(b) during a continuous period exceeding 4 weeks (in this regulation referred to as the ‘relevant period’) that commenced —
(i) if the member was, on the commencement of this regulation, an in-patient in a hospital — on the date of commencement of this regulation; or
(ii) if sub-paragraph (i) does not apply in relation to the member — on the date of his admission to the hospital,
the member has been a prescribed invalid; and
(c) in respect of the relevant period, the Commonwealth was, or would, but for paragraph (c) of the proviso to sub-section 101 (1) of the Act, have been, liable to pay in respect of the member pension ascertained in accordance with the Schedules to the Act,
an allowance is payable, subject to and in accordance with this regulation, to the member in respect of that period.
“(2) Where a member applies for payment of an allowance under this regulation, the Deputy Commissioner may require the member to produce a certificate, being a certificate in an approved form, signed by a medical practitioner and certifying the following particulars in respect of the member —
(a) the incapacity in respect of which the member required medical treatment as an in-patient in a hospital;
(b) the name and address of any hospital to which the member was admitted for the purpose of receiving medical treatment in respect of the incapacity;
(c) the period during which the member remained in hospital as an in-patient for the purposes of the medical treatment;
(d) whether, after the discharge of the member from hospital, the member received medical treatment in respect of the incapacity referred to in paragraph (a) otherwise than as an in-patient of a hospital and, if the member so received medical treatment, the period during which the member received that treatment;
(e) whether, as a result of his having received medical treatment in respect of the incapacity referred to in paragraph (a) (either as an in-patient in a hospital or otherwise), the member was in need of a period of rest or convalescence and, if the member needed a period of rest or convalescence, the period during which the member rested or was convalescent; and
(f) whether, during the period, or any part of the period, referred to in paragraph (c), (d) or (e), the member was, by reason of the medical treatment, or the need for a period of rest or convalescence, referred to in that paragraph, as the case may be, precluded from earning other than a negligible percentage of a living wage.
“(3) Allowance is not payable to a member under this regulation in respect of a relevant period, or any part of a relevant period, in respect of which pension ascertained in accordance with the Schedules to the Act was, or would, but for paragraph (c) of the proviso to sub-section 101 (1) of the Act, have been, payable in respect of the member at a rate that is equal to the Special Rate of Pension specified in Schedule 2 to the Act.
“(4) Where allowance is payable to a member under this regulation in respect of a relevant period or part of a relevant period, the fortnightly rate of that allowance is an amount equal to —
(a) if, in respect of the relevant period or part of the relevant period, the Commonwealth was, or would, but for paragraph (c) of the proviso to sub-section 101 (1) of the Act, have been, liable to pay pension in respect of the member in accordance with Table C in Schedule 3 to the Act and the rate of pension payable in respect of the member in respect of the relevant period or part of the relevant period was assessed, for the purpose of that Table, as being nil-the amount of the Special Rate of Pension specified in Schedule 2 to the Act; or
(b) if paragraph (a) does not apply-the amount by which the amount of the Special Rate of Pension specified in Schedule 2 to the Act exceeds —
(i) except where sub-paragraph (ii) applies-the amount of the fortnightly rate of the pension that, in respect of the relevant period or part of the relevant period, was, or would, but for paragraph (c) of the proviso to sub-section 101 (1) of the Act, have been, payable in accordance with the Schedules to the Act in respect of the member; or
(ii) if, in respect of the relevant period or part of the relevant period, more than one pension was, or would, but for paragraph (c) of the proviso to sub‑section 101 (1) of the Act, have been, payable in accordance with the Schedules to the Act in respect of the member-the aggregate of the fortnightly rates of the pensions that were, or would have been, (as the case may be) so payable in respect of the member.
“(5) Where allowance is payable under regulation 71 to a member in respect of a relevant period or part of a relevant period, the amount of allowance that, but for this sub-regulation, would be payable under this regulation to the member in respect of the relevant period or part of the relevant period shall be reduced by an amount calculated in accordance with the formula —
where —
a is the amount of allowance payable under regulation 71 to the member in respect of the relevant period or part of the relevant period, as the case may be;
b is the amount of allowance that, but for this sub-regulation, would be payable under this regulation to the member in respect of the relevant period or part of the relevant period, as the case may be; and
c is the amount of pension that would be payable to the member in respect of the relevant period or part of the relevant period, as the case may be, if he were entitled to be paid pension in respect of the relevant period or part of the relevant period at a rate equal to the Special Rate of Pension specified in Schedule 2 to the Act.
”(6) Where —
(a) allowance is payable under this regulation to a member in respect of a relevant period or part of a relevant period and —
(b) the member has a wife, or a child, in respect of whom the Commonwealth was, or would, but for paragraph (c) of the proviso to sub-section 101 (1) of the Act, have been liable to pay in respect of the relevant period, or part of the relevant period, pension ascertained in accordance with Table C in Schedule 3 to the Act,
allowance is payable, subject to and in accordance with the regulation, to the wife, or the child, as the case may be, of the member in respect of the relevant period or part of the relevant period.
“(7) Where allowance is payable under this regulation to the wife or a child of a member in respect of a relevant period or part of a relevant period, the fortnightly rate of that allowance is an amount equal to —
(a) if, in respect of the relevant period or part of the relevant period, the rate of pension payable in respect of the wife or child was assessed, for the purposes of Table C in Schedule 3 to the Act, as being nil — the amount specified in Table B in that Schedule as being the fortnightly rate of pension payable to the wife or a child of a member, as the case requires; or
(b) if paragraph (a) does not apply — the amount by which the amount referred to in paragraph (a) in relation to the wife or a child of a member, as the case may be, exceeds the amount of the fortnightly rate of the pension that, in respect of the relevant period or part of the relevant period was, or would, but for paragraph (c) of the proviso to sub-section 101 (1) of the Act, have been payable in accordance with Table C in Schedule 3 to the Act in respect of the wife or child.
“(8) An allowance payable to a member, or to the wife or a child of the member, under this regulation shall be paid by fortnightly instalments on such dates as the Deputy Commissioner determines in relation to the member.
“(9) For the purposes of sub-regulation (1), a member who has been admitted to a hospital for the purpose of receiving medical treatment in respect of an incapacity due to war service is a prescribed invalid if —
(a) the member is receiving, whether as an in-patient in a hospital or otherwise, medical treatment in respect of the incapacity; or
(b) as a result of his having received medical treatment in respect of the incapacity, the member is in need of a period of rest or convalescence,
and, by reason of the medical treatment referred to in paragraph (a) or the need for a period of rest or convalescence referred to in paragraph (b), the member is precluded from earning other than a negligible percentage of a living wage.
“(10) In this regulation, unless the contrary intention appears —
(a) a reference to a hospital shall be read as including a reference to any institution for the care and welfare of persons;
(b) a reference to an incapacity due to war service shall be read as including a reference to venereal disease contracted during war service; and
(c) a reference to a pension shall be read as including a reference to an amount specified in Schedule 5 to the Act but shall not be read as including an allowance specified in a Schedule to the Act.
Allowance prescribed for the purposes of paragraph 87 (3A) (e) of the Act
“72B. An allowance under regulation 72A is prescribed for the purposes of paragraph 87 (3A) (e) of the Act.”.
5. Regulation 104A of the Repatriation Regulations is amended —
(a) by omitting from sub-regulation (2) “$40” and substituting “$44”; and
(b) by omitting from sub-regulation (3) “$20” and substituting “$22”.
6. Regulation 180A of the Repatriation Regulations is amended —
(a) by omitting the table from sub-regulation (1) and substituting the following table:
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(b) by omitting from sub-regulation (2) “$3.00” (wherever occurring) and substituting “$3.30”; and
(c) by omitting from sub-regulation (4) “$39” and substituting “$41.60”.
Extension of certain provisions to 1914-1918 members (general service)
7. Regulation 193 of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:
“(4) For the purposes of the extended application of regulation 72A, a reference in that regulation to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to paragraph (c) of the proviso to sub-section 24 (1) of the Act.”.
Extension of certain provisions to 1914-1918 members (home service)
8. Regulation 194 of the Repatriation Regulations is amended by adding at the end thereof the following sub-regulation:
“(4) For the purposes of the extended application of regulation 72A, a reference in that regulation to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to paragraph (c) of the proviso to sub-section 24 (1) of the Act.”.
Extension of certain provisions to Korea and Malaya members
9. Regulation 198 of the Repatriation Regulations is amended by inserting after sub‑regulation (2A) the following sub-regulation:
“(2B) For the purposes of the extended application of regulation 72A, a reference in that regulation to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to sub-section 107C (6) of the Act.”.
Extension of certain provisions to certain members of the Defence Force
10. Regulation 200 of the Repatriation Regulations is amended by inserting after sub‑regulation (4A) the following sub-regulation:
"(4B) For the purposes of the extended application of regulation 72A —
(a) a reference in that regulation to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to such of the provisions of sub-section 107Q (3), sub-section 107R (4) and sub-section 107R (5) as is or are applicable; and
(b) sub-regulation (10) shall have effect as if paragraph (b) were omitted.”.
11. (1) Subject to sub-regulations (2) and (3), these Regulations shall come into operation on 1 November 1980.
(2) Regulation 3 shall come into operation on 13 November 1980.
(3) The amendments made by regulation 6 apply in relation to an instalment of allowance falling due on 13 November 1980 and to all subsequent instalments.
1. Notified in the
Commonwealth of Australia Gazette on 31 October 1980.2. 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; 1961 Nos. 74 and 139; 1962 No. 93; 1963 Nos. 57 and 104; 1965 No. 124; 1966 Nos. 65 and 168; 1967 No. 150; 1968 No. 122; 1969 No. 178; 1970 No. 150; 1972 Nos. 180 and 186; 1973 Nos. 25, 151 and 282; 1974 No. 57; 1975 No. 93; 1977 No. 167; 1978 No. 184; 1979 Nos. 53, 116, 172 and 223.
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