Repatriation (Special Overseas Service) 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 18 April 1985.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
A. GIETZELT
Minister of State for Veterans’ Affairs
—————
“65. (1) Where the Commission allows a claim or application, whether wholly or in part, and the claimant or applicant has incurred expense in support of the claim or application in providing for the production of certificates, reports or other documents from medical practitioners or from a hospital or similar institution in which the claimant or applicant has obtained medical treatment, the Commission may, in accordance with such scale as is approved by the Commission, pay or reimburse the claimant or applicant the expense so incurred in support of the whole, or such part, as the case may be, of the claim or application as is allowed.
“(2) Where, on the review of a decision of the Commission under sub-section 90c (1) of the Repatriation Act as applied by the Act—
(a) a claimant is granted a service pension; or
(b) a decision cancelling or suspending a service pension is set aside,
and the claimant has incurred expense in connection with the review in providing for the production of certificates, reports or other documents from medical practitioners or from a hospital or similar institution in which the claimant has obtained medical treatment, the Commission may, in accordance with such scale as is approved by the Commission, pay or reimburse the claimant the expenses so incurred.
“(3) Expenses shall not be paid or reimbursed under this regulation unless the production of the certificates, reports or other documents was reasonable for supporting the claim or application or the claimant’s case on the review.
“(4) In this regulation—
‘applicant’ means a person by or on behalf of whom an application has been made;
‘application’ means—
(a) an application under sub-section 26 (1) of the Repatriation Act as applied by the Act for an increase in the rate of a pension payable to a member of the Forces; or
(b) an application under sub-section 26 (2) of the Repatriation Act as applied by the Act for a pension for a member of the Forces;
‘claim’ means—
(a) a claim under section 25 of the Repatriation Act as applied by the Act for a pension for a member of the Forces or for a dependant of a deceased member of the Forces; or
(b) a claim under section 88 of the Repatriation Act as applied by the Act for a Service pension;
‘claimant’ means a person by or on behalf of whom a claim has been made.”.
(a) by omitting from sub-regulation (1) “72,”; and
(b) by omitting from sub-regulation (2) “72” and substituting “72a”.
“76. (1) A power or function given by these Regulations to a Deputy Commissioner or an Education Board may be exercised or performed by the Commission.
“(2) Where the exercise of a power, or the performance of a function, by a Deputy Commissioner or an Education Board under these Regulations is dependent upon the opinion or belief of the Deputy Commissioner or Education Board in relation to a matter, that power may be exercised, or the function may be performed, by the Commission upon the opinion or belief of the Commission in relation to the matter.
“(3) For the purposes of sub-regulation (2), ‘Commission’ includes, in relation to a power or function delegated by the Commission under section 13 of the Act, the person to whom that power or function has been delegated.
“77. A power or function given by these Regulations to a Deputy Commissioner shall be exercised or performed subject to such conditions as the Commission determines.”.
1. Notified in the
Commonwealth of Australia Gazette on 24 April 1985.2. Statutory Rules 1963 No. 43 as amended by 1965 No. 126; 1966 Nos. 141 and 170; 1970 No. 152; 1972 No. 188; 1973 Nos. 153 and 285; 1974 No. 59; 1975 No. 95; 1977 No. 169; 1978 No. 187; 1979 Nos. 115,175 and 226; 1980 No. 324; 1982 Nos. 88 and 299.
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