Repatriation (Special Overseas Service) Regulations (Amendment) (Cth)

Statutory Rules

1973 No. 285

REGULATIONS UNDER THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962-1973.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Repatriation (Special Overseas Service) Act 1962-1973.

Dated this eighteenth day of December, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

R. BISHOP

Minister of State for Repatriation.

Amendments of the Repatriation (Special Overseas Service)

Regulations 

Treatment for incapacity not due to special service.

1. Regulation 32 of the Repatriation (Special Overseas Service) Regulations is amended—

(a) by omitting from paragraph (c) of sub-regulation (1) the word “ or ”;

(b) by adding at the end of paragraph (d) the following word and paragraph:—

“; or (e) is receiving a service pension. ”;

(c) by omitting sub-regulations (2), (2a) and (3) and substituting the following sub-regulation:—

“ (2) Sub-regulation (1) does not apply in relation to a person by reason that the person is receiving a service pension where that pension would not be payable if any amendment referred to in paragraph (a) or paragraph (b) of sub-section (1) of section 123a of the Repatriation Act had not been made.”.

* Notified in the Australian Government Gazette on 19 December 1973.

  Statutory Rules 1963, No. 43, as amended by Statutory Rules 1965, No. 126; 1966, Nos. 141 and 170; 1970 No. 152; 1972, No. 188; and 1973, No. 153.

2.After regulation 32 of the Repatriation (Special Overseas Service) Regulations the following regulation is inserted:—

Additional medical treatment for members.

“ 32a. (1) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment in a hospital or other institution referred to in section 120d of the Repatriation Act for a member in respect of a disease, disability or condition for which that member is not otherwise eligible for medical treatment under these Regulations.

“ (2) Medical treatment may be provided under this regulation only if the provision of such treatment does not adversely affect the provision of medical treatment for which any person is eligible under any other provision of these Regulations or under the provisions of—

(a) the Repatriation Regulations, other than regulation 66a or 66b;

(b) the Interim Forces Benefits Regulations, other than regulation 7a;

(c) the Repatriation (Far East Strategic Reserve) Regulations, other than regulation 32a; or

(d) the Seamen’s War Pensions and Allowances Regulations, other than regulation 26b,

as in force for the time being.”.

3. Regulation 35 of the Repatriation (Special Overseas Service) Regulations is repealed and the following regulation substituted:—

Surgical aids &c.

“ 35. (1) Where a Deputy Commissioner considers that the renewal of, or repairs to, an artificial replacement, surgical aid or appliance, has or have been rendered necessary by the carelessness or wilful act of the person using or wearing the replacement, aid or appliance, the Deputy Commissioner may—

(a) refuse to arrange for the necessary renewal of, or repairs to, the replacement, aid or appliance; or

(b) arrange for the renewal of, or repairs to, the replacement, aid or appliance and direct that payment for such renewal or repairs, as the case may be, shall be made in accordance with sub-section (1a) of section 14 of the Act.

“ (2) Except as otherwise determined by the Commission, any artificial replacement, surgical aid or appliance supplied to a person under this Division, shall remain the property of the Commission, and the Commission may, at any time, if not satisfied that the replacement, aid or appliance is being put to proper use, require its return.”.

4. After regulation 35 of the Repatriation (Special Overseas Service) Regulations the following regulation is inserted:—

Charges for treatment.

“ 35a. Where medical treatment is provided to a person under these Regulations and—

(a) the person (whether before, during or after the provision of the treatment) recovers or receives; or

(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies the person that he is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,

the whole or a part of the cost of the treatment, by way of damages or compensation, from another person, payment for that medical treatment shall be made in accordance with sub-section (1a) of section 14 of the Act.”.

Sustenance allowance while undergoing medical treatment, &c.

5. Regulation 36 of the Repatriation (Special Overseas Service) Regulations is amended by omitting sub-regulation (2).

Expenses of travelling far medical treatment or pension purposes.

6. Regulation 39 of the Repatriation (Special Overseas Service) Regulations is amended—

(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (4) the words “ Thirty-five dollars thirty cents ” and substituting the words “ Thirty-nine dollars thirty cents ”;

(b) by omitting from sub-paragraph (ii) of paragraph (a) of sub-regulation (4) the words “ Seventeen dollars sixty-five cents ” and substituting the words “ Nineteen dollars sixty-five cents ”;

(c) by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (4) the words “ Twenty-six dollars ten cents ” and substituting the words “ Twenty-nine dollars fifty cents ”; and

(d) by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (4) the words “ Thirteen dollars and five cents ” and substituting the words “ Fourteen dollars seventy-five cents ”.

Funeral expenses of deceased members.

7. Regulation 49 of the Repatriation (Special Overseas Service) Regulations is amended by inserting after the word “ Part ” the words “ (other than regulation 32a) or medical treatment under regulation 65a of the Repatriation Regulations ”.

Formal amendments.

8. The Repatriation (Special Overseas Service) Regulations are amended as set out in the Schedule.

Commencement and application.

9. (1) The amendments made by regulations 1, 2, 5, 7 and 8 shall be deemed to have come into operation on the date of commencement of the Repatriation Act (No. 3) 1973.

(2) The amendments made by regulation 6 apply in relation to expenses for subsistence incurred on 2 April 1973 or any subsequent day.

SCHEDULE Regulation 8

FORMAL AMENDMENTS

Provision	Amendment
Regulation 32 (1)..................	(a) Omit from paragraph (a) “ the First Schedule ”, substitute “ Schedule 1 ”.
(b) Omit from paragraph (b) “ the Second Schedule ”, substitute “ Schedule 2 ”.
(c) Omit from paragraph (c) “ the First or Second Schedule ”, substitute “ Schedule 1 or 2 ”.
(d) Omit from paragraph (d) “ the First or Second Schedule ”, substitute “ Schedule 1 or 2 ”.
Regulation 36 (1)..................	(a) Omit “ the First Schedule ” (wherever occurring), substitute “ Schedule 1 ”.
(b) Omit from paragraph (d) “ the Third Schedule ”, substitute “ Schedule 3 ”.
(c) Omit “ that First Schedule ” (wherever occurring), substitute “ that Schedule 1 ”.
(d) Omit “ that Third Schedule ”, substitute “ that Schedule 3 ”.
Regulation 36 (3)..................	Omit “ the Second Schedule ”, substitute “ Schedule 2 ”.
Regulation 41.......................	Omit “ the Second Schedule”, substitute “ Schedule 2 ”.
Regulation 46	Omit from sub-paragraph (i) of paragraph (d) “ the Second Schedule ”, substitute  “Schedule 2 ”.
Regulation 55 (1)..................	Omit “ the Third Schedule ”, substitute “ Schedule 3 ”.
Regulation 57 (1)..................	Omit “ the Third Schedule ”, substitute “ Schedule 3 ”.
Regulation 58.......................	Omit “ the Third Schedule ”, substitute “ Schedule 3 ”.