Repatriation Regulations (Amendment) (Cth)

Statutory Rules

1979 No. 116

REGULATIONS UNDER THE REPATRIATION ACT 19201

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 Repatriation Act 1920.

Dated this twenty-eighth day of June 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

A. E. ADERMANN

Minister of State for Veterans’ Affairs.

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AMENDMENTS OF THE REPATRIATION REGULATIONS2

Commencement

1. These Regulations shall come into operation on 1 July 1979.

Repeal of regulations 5a and 5b

2. Regulations 5a and 5b of the Repatriation Regulations are repealed.

Payment or reimbursement of medical witnesses’ &c., expenses

3. Regulation 14a of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) “ Appeal Tribunal ” and substituting “ application to the Repatriation Review Tribunal and

(b) by omitting “ Appeal ” from sub-regulation (2).

Heading

4. The heading to Division 3 of Part II of the Repatriation Regulations is omitted and “Division 3—Repatriation Review Tribunal” substituted.

Repeal

5. Regulations 35, 36, 37, 40, 41, 42, 42a, 43, 44, 45 and 46 of the Repatriation Regulations are repealed and the following regulations substituted:

Allowances of members of Tribunal

“45. (1) Subject to any determination made under the Remuneration Tribunals Act 1973, a member of the Tribunal is entitled to be paid such allowances as would be payable to him under regulations 90a, 90b, 93, 97, 97d, 97e, 119 and 120 of the Public Service Regulations as in force from time to time if he were an officer in the Australian Public Service.

“(2) For the purposes of sub-regulation (1), a function that is required to be performed by the Public Service Board or a Chief Officer of a Department in relation to the payment to an officer in the Australian Public Service of an allowance referred to in sub-regulation (1) shall, in relation to the payment of an allowance under that sub-regulation to a member of the Tribunal, be performed by the Minister or a person authorized by the Minister for the purposes of this regulation.

Interpretation

“46. In this regulation and in regulations 46a and 46c, ‘applicant’ means an applicant who attends at a hearing of a proceeding on a review pursuant to his application before the Tribunal.”.

Attendance allowance and payment of expenses of applicant

6. Regulation 46a of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) “ appellant t” (wherever occurring) and “ appeal ” and substituting “ applicant ” and “ application ” respectively;

(b) by omitting from sub-regulation (2) “ appellant ” (wherever occurring) and “ a Tribunal ” and substituting “ applicant ” and “ the Tribunal ” respectively;

(c) by omitting from sub-regulation (3) “ appellant ” (wherever occurring) and “ appellant’s salary or wages ” and substituting “ applicant ” and “ salary or wages of the applicant ” respectively;

(d) by omitting from sub-regulation (4) “ appellant ” (wherever occurring) and “ a Tribunal ” and substituting “ applicant ” and “ the Tribunal ” respectively;

(e) by omitting from sub-regulation (4a) “ appellant ” and substituting “ applicant ”;

(f) by omitting from sub-regulation (5) “ appellant ” (wherever occurring) and substituting “ applicant ”; and

(g) by omitting from sub-regulation (8) “ appeal ” and substituting “ application ”.

Repeal of regulation 46b

7. Regulation 46b of the Repatriation Regulations is repealed.

Subsistence allowance

8. Regulation 46c of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) “ an appellant or an attendant in relation to whom the last preceding regulation applies, ” and substituting “ an applicant ” ;

(b) by omitting from sub-regulation (1) “ the appellant or the attendant, as the case may be, ” and substituting “ the applicant ”; and

(c) by omitting “ a Tribunal (wherever occurring) and substituting “ the Tribunal ”.

9. After regulation 46c of the Repatriation Regulations the following regulations are inserted:

Summons

“46d. A summons under paragraph 107vy (2) (a) of the Act—

(a) shall be in accordance with Form T; and

(b) shall be served on a person by—

(i) delivering a copy of the summons to the person personally; and

(ii) showing the original of the summons to the person at the time at which the copy is delivered to him.

Payment of witnesses’ fees and allowances

“46e. A person summoned to appear as a witness at a hearing before the Tribunal is entitled to be paid such fees and allowances for expenses as the presiding member determines in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time. ”.

Repeal of regulation 47

10. Regulation 47 of the Repatriation Regulations is repealed.

Amendment of Schedule

11. The Schedule to the Repatriation Regulations is amended by omitting Forms TA, TB, TE, TF, TG, TH, TJ, TK and TL and substituting the following form:

FORM T Regulation 46d

REPATRIATION REVIEW TRIBUNAL

SUMMONS

In the matter of the application by

for review of a decision by

To: (name and address of witness)

YOU ARE HEREBY SUMMONED to appear before the Repatriation Review Tribunal at (place, time and date of hearing)and on each subsequent day of the hearing of the above-mentioned proceeding until you are excused or released from further attendance to give evidence (* and to produce the following documents:)

Presiding Member

Date

* Delete if inapplicable

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 1979.

2. Statutory Rules 1943 No. 233 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 53 and see also