REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS
- Incorporating all amendments by legislation made to 30 November 1980
- Reprinted as at 30 November 1980 (HISTREG CHAP 378 #DATE 30:11:1980)
*1*The Repatriation (Special Overseas Service) Regulations (in force under the Repatriation (Special Overseas Service) Act 1962) as shown in this reprint comprise Statutory Rules 1963 No. 43 as amended by the other Statutory Rules specified in the following table: ------------------------------------------------------------------------------ -- Application, saving Year and Date of Date of or transitional number notification in commencement provisions Gazette ------------------------------------------------------------------------------ -- 1963 No. 43 24 May 1963 24 May 1963 1965 No. 126 2 Sept 1965 2 Sept 1965 - 1966 No. 141 20 Oct 1966 20 Oct 1966 (a) - 170 1 Dec 1966 1 Dec 1966 (a) - 1970 No. 152 15 Oct 1970 Rr.3 and 4:28 Sept - 1970 (see r. 1) Remainder: 15 Oct 1970 1972 No. 188 9 Nov 1972 9 Nov 1972 - 1973 No. 153 9 Aug 1973 R. 7: 8 May 1973 - (see r. 7 (2)) Remainder: 16 Mar 1973 (see r. 1) 285 19 Dec 1973 19 Dec 1973 (a) R. 9 (2) 1974 No. 59 11 Apr 1974 1 June 1974 - 1975 No. 95 30 May 1975 30 May 1975 (a) - 1977 No. 169 29 Sept 1977 1 Oct 1977 - 1978 No. 187 5 Oct 1978 5 Oct 1978 R. 6 1979 No. 115 29 June 1979 1 July 1979 - 175 31 Aug 1979 31 Aug 1979 R. 2 226 31 Oct 1979 1 Nov 1979 - 1980 No. 324 31 Oct 1980 R.1: 13 Nov 1980 - Remainder: 1 Nov 1980 ------------------------------------------------------------------------------ -- (a) The Statutory Rules marked (a) in the table contain provisions that relate to the commencement of amendments. Particulars of those provisions not shown in the table may be found in the annual volumes of Statutory Rules for the respective years in which the amending Statutory Rules were made. REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I - PRELIMINARY
Regulation
1. Citation
2. (Repealed)
3. Interpretation
4. Definition of "dependants"
PART II - PENSIONS
Division 1 - Claims for and Payment of Pensions
5. (Repealed)
6. Declarations by claimants
7. Action on receipt of claims
8. Appointment of trustees, & c.
9. Payment of pension
10. Due date of instalments
11. Receipt by pensioner or trustee
12. Payment to other persons
13. Payment of instalment to female dependant or trustee
14. Special provisions as to declarations
15. (Repealed)
16. Notification of marriage, &c., by female dependant
Division 2 (regulations 17 and 18) (Repealed)
PART III - ASSISTANCE AND BENEFITS
Division 1 - General
19. Manner of making application
20. Applications, how dealt with
21. Treatment of applications
22. Appeals
23. Purpose of benefit and ability of applicant
24. Authority to pay or allot to agent
25. Security for assistance by way of loan or hire purchase
26. Writing off loans, & c.
27. Security for property allotted as assistance by way of loan or hire
purchase
28. Orders not to be transferred
29. Review by Commission
Division 2 - Medical Treatment and Sustenance
30. Meaning of medical treatment
31. Treatment for war disabilities
32. Treatment for incapacity not due to special service
32A. Additional medical treatment for members
32B. Medical treatment for malignant neoplasia
33. Refusals to grant treatment
34. Non-liability in cases of unauthorized treatment
35. Surgical aids, & c.
35A. Charges for treatment
36,37 (Repealed)
38. Medical treatment for widows, & c.
39. Expenses of travelling for medical treatment or pension purposes
40. Attendance Allowance
41. (Repealed)
Division 3 - Vocational Training
42. Scheme of vocational training
43. Arrangements with States
44. Facilities in connexion with scheme
45. Committees
Division 4 - Education and Training of Children
46. Interpretation
47. Education scheme
48. Education benefits
Division 5 - Funeral Expenses
49. Funeral expenses of deceased members
50. Funeral expenses of dependants of deceased members
Division 6 - Recreation Transport Allowances
51. Recreation transport allowances
52. Allowance for severely incapacitated members
53. Interpretation
Division 7 - Allowances and Pensions to Dependants of Deceased Members
54. Allowances to certain widows
55. Widowed mother
56. (Repealed)
57. Parent of deceased unmarried member
58. Aged parent of deceased member
59. Standard allowed income in the case of widowed mother, parent of
deceased un-married member and aged parent
60. (Repealed)
61. Allowance to re-married widow of deceased member who is again
widowed
62. Decoration allowance
62A. Victoria Cross allowance
63. Clothing allowance
64. Grants to necessitous members
65. Payment or reimbursement of medical witnesses', & c., expenses
66. (Repealed)
Division 9 - Application of Repatriation Regulations
66A. Application of certain provisions of the Repatriation Regulations
PART IV - MISCELLANEOUS
67. Improper use of gifts or loans
68. Advances not to be made on security of pension
69. Power of Deputy Commissioner to require information
70. Prohibition of certain acts in relation to assistance and benefits
71. Signature to forms
72. Compliance with forms
73. Offences
74. Time for commencement of prosecution
75. Delegation by Commission
76. Exercise by Commission of powers of Deputy Commissioner or
Education
Board
77. Exercise of powers by Deputy Commissioner
78. Power of Commission to enter into contracts
PART V - APPLICATION OF REGULATIONS TO FEMALE MEMBERS
79. Interpretation
80. Limitations on assistance and benefits to dependants of female
members
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - PART I
PART I - PRELIMINARY
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Repatriation (Special Overseas
Service) Regulations.*1*
Regulation 2 repealed by 1977 No. 169 r. 2
* * * * * * *
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 3
Interpretation
Amended by 1973 No. 153 r. 2; 1977 No. 169 r. 3; 1979 No. 115 r. 2
3. In these Regulations, unless the contrary intention appears -
"applicant" means a person who has made an application for himself,
on behalf of another person under the age of sixteen years or on
behalf of another person of unsound mind;
"application" means an application for assistance or other benefit
under these Regulations;
"approved form" means a form approved by the Commission;
"Board" means a Repatriation Board appointed under the
Repatriation
Act;
"claim" means a claim for a pension;
"claimant" means a person who has made a claim for himself, on
behalf
of another person under the age of sixteen years or on behalf
of another person of unsound mind;
"deceased member" means a member whose death was due to special
service;
"deceased unmarried member" means a deceased member who was
not, at any time during his life, married but does not include a
deceased
member with respect to whom a dependent female is
receiving
a pension under the Act;
"Deputy Commissioner" means a person for the time being
performing
the duties of Deputy Commissioner in the Department and,
in relation to a State, means the Deputy Commissioner for that
State;
"due to special service", in relation to the death or incapacity of a
member, means that the death or incapacity has resulted from an
occurrence that happened during the member's special service in
such circumstances that there is a liability under the Act to pay a
pension in respect of the death or incapacity;
"Education Board" means a Soldiers' Children Education Board
established
under Part VII of the Repatriation Regulations;
"medical officer" means a duly qualified medical officer or
practitioner
nominated by the Commission or a Deputy
Commissioner
or who is employed in the Department;
"pensioner" means a person to whom a pension has been granted and
to, or for the benefit of, whom the pension is being paid;
"Secretary" means the Secretary to the Department;
"the Act" means the Repatriation (Special Overseas Service) Act
1962;
"the Department" means the Department of Veterans' Affairs;
"the Repatriation Act" means the Repatriation Act 1920;
"totally and permanently incapacitated", in relation to a member,
means that, due to special service, the member is incapacitated
for life to such an extent as to be precluded from earning other
than a negligible percentage of a living wage;
"trustee" means a trustee appointed under regulation 8 of these
Regulations;
"widow" means the widow of a deceased member and includes -
(a) a dependent female, as defined in section 23 of the
Repatriation
Act, of a deceased member; and
(b) a person who is eligible for a pension under section 8 of
the Act in respect of the death of a member;
"wife" means a wife of a member and includes -
(a) a dependent female, as defined in section 23 of the
Repatriation
Act, of a living member; and
(b) a person who is eligible for a pension under section 8 of
the Act in respect of the incapacity of a member.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 4
Definition of "dependants"
4. For the purposes of paragraph (a) of sub-section (1) of section 14 of the
Act, persons, other than children of members, who are dependants of members
within the meaning of section 6 of the Act are dependants to or in respect of
whom assistance and benefits as prescribed by these Regulations may be granted
under these Regulations.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - PART II
PART II - PENSIONS
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION I
Division I - Claims for and Payment of Pensions
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 6
Declarations by claimants
Regulation 5 repealed by 1977 No. 169 r. 4
* * * * * * * *
6. (1) Where the approved form of claim, or a document relating to a claim
for, or a review of, pension includes a declaration as to the correctness of
the information set out in the claim or document, the declaration may be made
before -
(a) a person before whom a statutory declaration may be made; or
(b) an officer of the Department.
(2) Where a claim or document referred to in the last preceding
subregulation is made on behalf of a person under the age of sixteen years,
the declaration may be made by another person over the age of sixteen years
who has a knowledge of the information set out in the claim or document.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 7
Action on receipt of claims
Substituted by 1977 No. 169 r. 5
7. Where a claim is lodged with the Department, a Deputy Commissioner shall
cause the date on which it was lodged to be recorded on the claim.
Regulation 7A repealed by 1979 No. 115 r. 3
* * * * * * * *
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 8
Appointment of trustees, & c.
8. (1) Where the Commission is satisfied that, having regard to the age,
infirmity, ill-health or improvidence of a pensioner, it is expedient that
payment of a pension or allowance payable to the pensioner should be made to
another person on behalf of, or as trustee for, the pensioner, or where a
pensioner consents to payment of a pension or allowance payable to him being
so made, the Commission may, by instrument in writing -
(a) authorize payment of the pension or allowance to be made to
another person on behalf of the pensioner; or
(b) appoint a person to be trustee, or itself assume the office of
trustee,
for the pensioner in respect of the pension or allowance.
(2) Where the Commission has appointed a person to be the trustee, or has
itself assumed the office of trustee, for a pensioner in respect of a pension
or allowance, the pension or allowance -
(a) may be paid to the person so appointed, or to the Commission, as
the case may be; and
(b) may, subject to the directions of the Commission, be disbursed or
accumulated by the person so appointed, or may be disbursed or
accumulated by the Commission, as the case may be, for the
benefit of the pensioner or of any member of the family of, or
person
dependent on, the pensioner.
(3) The Commission may at any time, by instrument in writing, revoke an
authorization or appointment, or an assumption of the office of trustee, under
this regulation.
(4) In this regulation, "pensioner" means a person to whom a pension or
allowance is payable under the Act or these Regulations.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 9
Payment of pension
9. Pensions payable under the Act shall be paid in the same manner as is
provided from time to time for payment of pensions payable under the
Repatriation Act.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 10
Due date of instalments
10. (1) The due date of each instalment shall, unless that date is a public
holiday, be the first day of the fortnight for which the instalment is
payable.
(2) Where the due date is a public holiday, payment may be made on such
other day as the Commission directs.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 11
Receipt by pensioner or trustee
11. (1) Where the pensioner or trustee applies personally for a payment by
instalment of pension, he shall give a receipt for each instalment in
accordance with the approved form.
(2) A person authorized by the Commission to pay instalments of pension may
refuse to pay an instalment of pension if he is not satisfied that the person
presenting the receipt is the pensioner or trustee, as the case may be.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 12
Payment to other persons
12. Payment may be made to a person other than the pensioner or trustee if
that person is the holder of an order, in the approved form, from the
pensioner or trustee and he makes a declaration that he is not receiving the
whole or portion of the instalment on his own behalf or on behalf of another
person or firm, business or partnership in repayment of an advance or loan to
the pensioner, or by way of, or in consequence of, a sale, assignment, charge,
execution or insolvency, or in payment of a debt whether due or about to
become due, from the pensioner.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 13
Payment of instalment to female dependant or trustee
13. Subject to the next succeeding regulation, a person authorized by the
Commission to pay instalments of pension shall not pay in cash -
(a) an instalment of a pension granted to a single or widowed female
dependant of a member unless, at the time of making the
payment,
there is presented to the authorized person a declaration in
the approved form by the female dependant, or where a trustee
has been appointed to receive payments on her behalf, by that
trustee, declaring that, on the due date of the instalment, the
female
dependant had not married or re-married; or
(b) an instalment of pension payable to a trustee unless there is
presented
to the authorized person, at the time of making the payment, a declaration
by the trustee in the approved form declaring that the person on whose behalf
the pension is payable is alive.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 14
Special provisions as to declarations
14. Where the Commission is of opinion that it would be impracticable or
seriously inconvenient to obtain the declarations required by the last
preceding regulation on each occasion when an instalment is being paid, it may
approve of those declarations being obtained at such intervals, not exceeding
twelve months, as it determines.
Regulation 15 repealed by 1973 No. 153 r. 3
* * * * * * * * * *
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 16
Notification of marriage, & c., by female dependant
16. (1) A female dependant to whom a pension is payable -
(a) who marries;
(b) who obtains a decree nisi of dissolution or nullity of her
marriage; or
(c) against whom a decree nisi of dissolution or nullity of her
marriage
is obtained,
shall forthwith send a written notification of the fact to a Deputy
Commissioner.
(2) Where a person is convicted of an offence against this regulation, the
court may, in addition to imposing a penalty in respect of the offence, order
her to repay or return to the Commission any moneys received by her in
consequence of her failure to send the written notification.
Division 2 (regulations 17 and 18) repealed by 1979 No. 115 r. 4
* * * * * * * * * *
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - PART III
PART III - ASSISTANCE AND BENEFITS
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION 1
Division 1 - General
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 19
Manner of making application
Amended by 1977 No. 169 r. 6
19. Applications for a benefit or assistance shall be made in writing to the
Secretary in accordance with the approved form and shall set out the nature
and extent of the benefit or assistance which the applicant applies for and
the purposes for which the benefit or assistance is required.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 20
Applications, how dealt with
20. Subject to these Regulations, applications shall be dealt with in the
manner laid down by the Commission from time to time.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 21
Treatment of applications
21. A benefit or assistance shall not be granted or payable in respect of a
period before the date of lodgment of the application for the benefit or
assistance except where the Commission is satisfied that, owing to special
circumstances, a benefit or assistance should be granted or payable in respect
of a period before that date.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 22
Appeals
22. (1) Where a Deputy Commissioner declines to grant the benefit or
assistance applied for by an applicant, the applicant may appeal to the
Commission against the decision and shall state in writing the grounds of the
appeal.
(2) The decision of the Commission shall be final.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 23
Purpose of benefit and ability of applicant
23. (1) A Deputy Commissioner shall not grant an application for a benefit
or assistance unless he is satisfied that the purpose for which the benefit or
assistance is required is likely to be achieved, having regard to the
character, fitness and previous experience of the applicant.
(2) In determining an application, the Deputy Commissioner shall take into
consideration the benefits or assistance (if any) already received by the
applicant.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 24
Authority to pay or allot to agent
24. A benefit or assistance granted under this Part to a person may, if a
Deputy Commissioner considers it desirable, be paid or handed on that person's
behalf to such other person as the Deputy Commissioner thinks fit.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 25
Security for assistance by way of loan or hire purchase
25. A Deputy Commissioner may require a person to whom assistance by way of
loan or hire purchase is granted under these Regulations to execute such legal
documents, and to give such available security, in accordance with the
approved form, as the Deputy Commissioner considers to be necessary to secure
effectively repayment of the amount advanced, or payment of the value of the
chattels obtained by hire purchase, as the case may be.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 26
Writing off loans, &c.
26. Where the Commission is satisfied that a person who has obtained from
the Commission a loan or chattels by hire purchase secured by a security is
unable to repay the amount of the loan, or of interest on it, or of the value
of the chattels, as the case may be, as stated in the security, or that for
any other reason that an amount should be written off, the Commission may
write off the whole or portion of the amount.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 27
Security for property allotted as assistance by way of loan or hire purchase
27. (1) Where property is allotted as assistance by way of a loan or hire
purchase to a person, the amount of the value of the property shall be
regarded as a debt due by that person, and that amount shall be repayable in
the same manner and at the same rate of interest as a grant by way of loan or
hire purchase, as the case may be, of that amount.
(2) The person to whom the assistance is granted shall effectively secure
the repayment of the amount of the value of the property allotted as
assistance by such legal documents and such security as a Deputy Commissioner
requires that person to execute or furnish.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 28
Orders not to be transferred
28. (1) A person to whom an order is granted under these Regulations shall
not transfer the order to another person.
(2) A trader or person to whom an order granted under these Regulations is
presented shall not supply to the person presenting the order any money or
goods in lieu of the goods specified in the order.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 29
Review by Commission
29. Where it appears to a Deputy Commissioner that sufficient reason exists
for reviewing a grant of assistance or benefits under these Regulations, the
Deputy Commissioner may review that grant and may increase, reduce or cancel
it.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION 2
Division 2 - Medical Treatment and Sustenance
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 30
Meaning of medical treatment
30. For the purposes of this Division, "medical treatment" means, subject to
such qualifications as the Commission with respect to any particular case or
class of cases from time to time determines, medical, surgical, hospital and
all other forms of treatment with a view to restoring a person to physical or
mental health or alleviating suffering, and includes, subject to the same
qualifications, the supply, renewal and repair of artificial replacements,
surgical aids and appliances.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 31
Treatment for war disabilities
31. A Deputy Commissioner may provide medical treatment for a member in
respect of an incapacity due to special service.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 32
Treatment for incapacity not due to special service
Sub-reg. (1) amended by 1973 No. 285 rr. 1 and 8; 1975 No. 95 r. 2; 1979 No.
175 r. 1; 1980 No. 324 r. 1
32. (1) Subject to the succeeding provisions of this regulation and to such
conditions as the Commission determines, a Deputy Commissioner may provide
medical treatment in respect of an incapacity that is not due to special
service for a member who -
(a) is receiving a rate of pension upon total incapacity under
Schedule
1 to the Repatriation Act as applied by the Act;
(aa) was interned as a prisoner of war;
(ab) was, immediately before 2 November 1978, receiving a rate of
pension in respect of pulmonary tuberculosis under the
Repatriation
Act as so applied;
(ac) by virtue of a claim referred to in section 38 of the Repatriation
Acts Amendment Act 1978, has become, or becomes, entitled to a
rate of pension in respect of pulmonary tuberculosis under the
Repatriation Act as so applied;
(b) is receiving a rate of pension under Schedule 2 to the
Repatriation
Act as so applied;
(c) is receiving a pension under Schedule 1 or 2 to the Repatriation
Act as so applied but, by virtue of the operation of sub-section (9)
of section 6 of the Act, at a reduced rate;
(d) was receiving a pension under Schedule 1 or 2 to the
Repatriation
Act as so applied but the pension has been cancelled under
section 43 of that Act as so applied;
(da) as the result of war service, is suffering from a disability
described
in column 1 of Schedule 5 to the Repatriation Act as so
applied; or
(e) is receiving a service pension.
Substituted by 1973 No. 285 r. 1
(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.
Sub-regs (2A) and (3) omitted by 1973 No. 285 r. 1
* * * * * * * * * *
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 32A
Additional medical treatment for members
Inserted by 1973 No. 285 r. 2
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.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 32B
Medical treatment for malignant neoplasia
Inserted by 1975 No. 95 r. 3
32B. A Deputy Commissioner may, subject to the conditions applicable to the
provision of medical treatment under regulation 65A of the Repatriation
Regulations, provide medical treatment for malignant neoplasia for members who
have served on special service within the meaning of the Act.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 33
Refusals to grant treatment
33. Where a Medical Officer of the Department or a Local Medical Officer is
of opinion that a member has caused a recurrence of, or has aggravated his
incapacity, or has retarded his recovery by misconduct, neglect or any wilful
act, or is recalcitrant to the prejudice of his fellow patients, a Deputy
Commissioner may refuse to grant medical treatment or further medical
treatment under this Division.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 34
Non-liability in cases of unauthorized treatment
34. The Commission is not liable for expenditure incurred without its
authority in respect of medical treatment of a member or further medical
treatment of the member after refusal to grant it under the last preceding
regulation.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 35
Surgical aids, & c.
Substituted by 1973 No. 285 r. 3
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 beign
put to proper use, require its return.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 35A
Charges for treatment
Inserted by 1973 No. 285 r. 4
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.
Regulations 36 and 37 repealed by 1978 No. 187 r. 2
* * * * * * * *
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 38
Medical treatment for widows, & c.
38. (1) Subject to such conditions as the Commission determines, a Deputy
Commissioner may provide medical treatment for widows and children of deceased
members and for widowed mothers and widowed step-mothers of deceased unmarried
members.
Substituted by 1973 No. 153 r. 5
(2) In this regulation "child", in relation to a member, includes a person
who is in receipt of a pension under sub-section (4) of section 39 of the
Repatriation Act as applied by the Act.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 39
Expenses of travelling for medical treatment or pension purposes
39. (1) Where it is necessary for a person to travel -
(a) to obtain medical treatment;
(b) for restoration of his health;
(c) to be fitted for surgical aids or appliances or artificial
replacements;
(d) to proceed to hospital; or
(e) for pension purposes,
a Deputy Commissioner may, subject to such conditions as the Commission from
time to time determines, grant the fares for the forward and return journeys
of that person.
(2) A Deputy Commissioner may, on the advice of a medical officer, authorize
an attendant to accompany a person who is travelling for a purpose specified
in the last preceding sub-regulation, and may pay -
(a) the attendant's fares for the forward and return journeys; and
(b) such allowance (not exceeding the actual amount of the salary or
wages lost), in respect of any loss of salary or wages suffered by
the attendant by reason of his accompanying that person, as the
Commission considers reasonable.
(3) Subject to the next succeeding sub-regulation, a Deputy Commissioner may
pay such amount as he considers reasonable in respect of the expenses of
subsistence necessarily incurred, as a result of travelling for a purpose
specified in sub-regulation (1) of this regulation, by the person or by the
person and his attendant, as the case may be.
Substituted by 1972 No. 188 r.3; amended by 1973 No. 285 r. 6; 1975 No. 95
r.4; 1979 No. 226 r. 2
(4) The amount payable under the last preceding sub-regulation shall not,
unless the Commission considers that there are special circumstances
justifying the payment of a greater amount exceed -
(a) where the amount is payable in respect of travelling to or
returning
from a Capital City -
(i) if the person and his attendant so travel - $82.30 per day;
or
(ii) in any other case - $41.15 per day; or
(b) where the amount is payable in respect of travelling to or
returning
from a place other than a Capital City -
(i) if the person and his attendant so travel - $69 per day; or
(ii) in any other case - $34.50 per day.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 40
Attendance Allowance
40. (1) This regulation applies to a member who is required by a Deputy
Commissioner to attend in connexion with an incapacity of the member due to
special service or an incapacity in respect of which he claims pension, or
applies for medical treatment, on the ground that the incapacity is due to
special service, at a place, being -
(a) an out-patient clinic or a hospital of the Department;
(b) the rooms of a medical officer or of a duly qualified medical
practitioner,
dentist, oculist, optician, physiotherapist or other person
designated by a Deputy Commissioner;
(c) an artificial limb and appliance centre of the Department; or
(d) the Central Office or a Branch Office of the Department,
for the purpose of medical treatment, medical or other examination or tests,
investigation for diagnosis, the supply, renewal, repair or fitting of
artificial replacements, surgical aids or appliances, review of pension or any
other purpose in connexion with medical treatment or pension.
Substituted by 1975 No. 95 r. 5
(2) Where a member to whom this regulation applies is required to attend at
a place referred to in sub-regulation (1) for a purpose specified in that
sub-regulation, he is entitled to be paid an allowance in respect of that
attendance at the same rate and subject to the same conditions as if he were,
in respect of that attendance, entitled to be paid an allowance under
sub-regulation 46A(2) or (4) of the Repatriation Regulations.
Omitted by 1975 No. 95 r. 5; Inserted by 1978 No. 187 r. 3; amended by 1980
No. 324 r. 2
(3) Where a member is entitled to be paid an allowance in respect of a
period under regulation 71 or 72A of the Repatriation Regulations as made
applicable to and in relation to members by regulation 66A of these
Regulations, the member shall not be entitled to be paid an allowance under
sub-regulation (2) in respect of his attendance during that period at a place
referred to in sub-regulation (1).
Sub-regs (4) (6) omitted by 1975 No. 95 r. 5
* * * * * * * *
(7) The employer of a member to whom this regulation applies shall, if so
required by a Deputy Commissioner, by notice in writing, furnish to an officer
specified in the notice, within the time specified in the notice, written
particulars of -
(a) the hours during which the member would, but for his
attendance
at a place referred to in sub-regulation (1) of this
regulation,
have been employed on the day of that attendance;
(b) the rate of the member's salary or wages in respect of that day;
and
(c) the amount of the loss (if any) of salary or wages by the member
by reason of his absence from his employment on that day.
Regulation 41 repealed by 1975 No. 95 r. 6
* * * * * * * *
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION 3
Division 3 - Vocational Training
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 42
Scheme of vocational training
42. The Commission may establish a scheme for the vocational training of
such discharged members and widows as the Minister determines.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 43
Arrangements with States
43. The Commission may, on behalf of the Commonwealth, make arrangements
with any State for the use, for the purposes of this Division, of any services
and facilities of the State in relation to vocational training.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 44
Facilities in connexion with scheme
44. (1) The Commission may provide, or arrange for the provision of,
facilities in connexion with any scheme established under this Division.
(2) Subject to such conditions as the Minister determines, the Commission -
(a) may pay such allowances and expenses by way of gift or loan to
persons eligible for or undergoing training under this Division as
the Minister determines;
(b) may pay tuition and other like fees on behalf of persons
undergoing
training under this Division; and
(c) may provide or supply, or arrange for the provision or supply, by
way of gift or loan to persons undergoing training under this
Division,
of such books, equipment, appliances and tools of trade as
are necessary in connexion with the training.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 45
Committees
45. (1) The Minister may appoint such committees as he considers necessary
-
(a) to advise and assist with respect to matters affecting the
administration
of the training under this Division; and
(b) to assist in the administration of the training under this Division.
(2) The members of a committee established under the last preceding
sub-regulation shall be appointed by the Minister and shall hold office on
such terms and conditions as the Minister determines.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION 4
Division 4 - Education and Training of Children
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 46
Interpretation
Amended by 1973 No. 285 r. 8
46. In this Division, "eligible child" means a child (whether under the age
of sixteen years or not) of -
(a) a deceased member;
(b) a totally and permanently incapacitated member;
(c) a member who is blind or whose eyesight is, in the opinion of the
Commission, so defective that he has no useful sight, and whose
blindness or defective eyesight is due to special service; or
(d) a member who is suffering from tuberculosis and who -
(i) has been granted a pension at the maximum rate specified
from time to time in Schedule 2 to the Repatriation Acts
as applied by the Act; and
(ii) is, in the opinion of a Deputy Commissioner, likely to
remain
in receipt of a pension at that rate for a period of not
less than three years from the date on which the child
commences primary education, or the date on which
application
is made for benefits or assistance under this
Division
in respect of the child, whichever is the later date,
and includes a step-son, step-daughter, adopted child or ex-nuptial child of
the member.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 47
Education scheme
47. (1) The Commission shall establish a scheme for providing facilities for
the education and training of eligible children and may co-operate with the
Education Boards in the execution of the scheme.
(2) For the purposes of the scheme established under the last preceding
sub-regulation, an Education Board and the Commission may, in relation to that
scheme, exercise the same powers and perform the same functions as an
Education Board and the Commission respectively, exercise and perform under
Part VII of the Repatriation Regulations in relation to the Soldiers' Children
Education Scheme prepared under that Part.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 48
Education benefits
48. The Commission may make such arrangements and pay such amounts as it
considers necessary for the care and education of an eligible child for any
period prior to the child's admission to such a scheme.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION 5
Division 5 - Funeral Expenses
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 49
Funeral expenses of deceased members
Sub-reg. (1) amended by 1973 No.285 r. 7; 1979 No. 226 r. 3
49. (1) A Deputy Commissioner may grant a sum towards the funeral expenses
of a member -
(a) whose death is due to special service;
(b) who dies in indigent circumstances; or
(c) who dies -
(i) in an institution;
(ii) while proceeding to or from an institution; or
(iii) after being discharged while terminally ill from an
institution
with the approval of the Deputy Commissioner,
being an institution to which he had been authorized to proceed
for the purposes of medical treatment or investigation under
Division
2 of this Part (other than regulation 32A) or medical
treatment
under regulation 65A of the Repatriation Regulations.
(2) A Deputy Commissioner may, in addition to the sum referred to in the
last preceding sub-regulation, grant a sum towards the cost of transportation
of the remains of a member referred to in paragraph (a) or (c) of that
sub-regulation to the place where the member usually resided or to such other
place as the Deputy Commissioner approves.
(3) The amount that may be granted for a purpose under this regulation shall
not exceed the maximum amount for the corresponding purpose prescribed from
time to time by sub-regulation (1) of regulation 179 of the Repatriation
Regulations.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 50
Funeral expenses of dependants of deceased members
50. A Deputy Commissioner may grant a sum, not exceeding the maximum amount
prescribed from time to time by sub-regulation (2) of regulation 179 of the
Repatriation Regulations, towards the funeral expenses of any of the following
persons who dies in indigent circumstances:
(a) a widow of a deceased member;
(b) a child of a deceased member;
(c) a widowed mother of a deceased unmarried member who became
a widow before or within three years after the death of the
member;
(d) a widowed mother of a deceased unmarried member (being a
member who was born out of wedlock and brought up by her)
who became a widow before or within three years after the death
of the member;
(e) an unmarried mother of a deceased unmarried member (being a
member who was brought up by her); and
(f) a widowed step-mother of a deceased unmarried member who
became
a widow before or within three years after the death of the
member.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION 6
Division 6 - Recreation Transport Allowances
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 51
Recreation transport allowances
51. A Deputy Commissioner may, subject to the directions of the Commission,
pay allowances in accordance with this Division in respect of the cost of
transport for the purpose of recreation of members within the classes of
members specified in this Division.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 52
Allowance for severely incapacitated members
52. (1) An allowance under this Division at the rate prescribed from time to
time by sub-regulation (2) of regulation 104A of the Repatriation Regulations
in any one month is payable in the case of a member who, due to special
service -
(a) has lost both legs above the knees;
(b) is totally and permanently incapacitated, his powers of
locomotion
being negligible and not capable of operation for more
than short distances with the aid of crutches or walking sticks; or
(c) is handicapped with regard to locomotion to a degree that, in the
opinion of the Commission, renders the effect of his incapacity
similar to that of the classes of members referred to in the
preceding
paragraphs of this sub-regulation.
Amended by 1970 No. 152 r. 3
(2) An allowance under this Division at the rate prescribed from time to
time by sub-regulation (3) of regulation 104A of the Repatriation Regulations
in any one month is payable in the case of a member who, due to special
service -
(a) has lost both arms at or above the wrist;
(b) has lost one leg above the knee and the other leg below the knee;
(c) has lost both legs below the knee;
(d) has lost one leg above or below the knee and one arm below the
elbow;
(da) has been blinded; or
(e) is incapacitated to an extent that, in the opinion of the
Commission,
is similar in effect or in severity to the incapacity
specified in one of the preceding paragraphs of this
sub-regulation.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 53
Interpretation
Amended by 1970 No. 152 r. 4
53. For the purposes of this Division -
(a) a leg that has been rendered permanently and wholly useless
above or below the knee shall be deemed to have been lost above
or below the knee, as the case may be;
(b) an arm that has been rendered permanently and wholly useless
above the wrist or below the elbow shall be deemed to have been
lost above the wrist or below the elbow, as the case may be; and
(c) a member shall be deemed to have been blinded if his eyesight is,
in the opinion of the Commission, so defective that he has no
useful
sight.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION 7
Division 7 - Allowances and Pensions to Dependants of Deceased
Members
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 54
Allowances to certain widows
Amended by 1973 No. 153 r. 6
54. Subject to such conditions as the Commission determines, an allowance at
the rate per fortnight prescribed from time to time by regulation 176D of the
Repatriation Regulations may be paid to a widow of a deceased member -
(a) who has attained the age of fifty years;
(b) who, in the opinion of the Commission, is permanently
unemployable;
or
(c) who has a child who is the child of the deceased member (and has
the care and custody of that child, or has made arrangements for
the care and custody of the child in circumstances which, in the
opinion of the Commission, warrant payment of the allowance)
and the child -
(i) is undergoing a course of education or training approved
for the purpose of this regulation by the Commission and
is not in receipt of, or entitled to be paid, a wage that, in
the opinion of the Commission, is an adequate living
wage; or
(ii) is under the age of sixteen years.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 55
Widowed mother
Sub-reg. (1) amended by 1973 No. 285 r. 8
55. (1) The rate of pension specified for prescribed cases in the second
item of Table A of Schedule 3 to the Repatriation Act as applied by the Act
may be assessed in the case of an unmarried member's widowed mother who -
(a) was dependent upon the member prior to his enlistment or at any
time during his service;
(b) is resident in the Commonwealth or any Territory of the
Commonwealth;
and
(c) would not be in receipt of an income from all sources (including
the pension) exceeding per fortnight the amount prescribed by
regulation 59 of these Regulations.
(2) For the purposes of this regulation, the widowed mother of an unmarried
member shall be deemed to have been dependent upon the member prior to his
enlistment if, at the time of the member's enlistment, she would have been
dependent upon the member but for his enlistment before he reached a
reasonable earning capacity.
Regulation 56 repealed by 1973 No. 153 r. 7
* * * * * * * * * *
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 57
Parent of deceased unmarried member
Sub-reg. (1) amended by 1973 No. 285 r. 8
57. (1) The rate of pension specified for prescribed cases in paragraph (b)
of the fourth item of Table A of Schedule 3 to the Repatriation Act as applied
by the Act may, subject to the next succeeding sub-regulation, be assessed in
the case of the parent of a deceased unmarried member, being -
(a) his father, if he is incapacitated from earning his living and that
incapacitation occurred prior to or within three years after the
death of the member;
(b) his mother, if her husband is incapacitated from earning his
living
and that incapacitation occurred prior to or within three
years after the death of the member, and she was married to that
husband prior to the enlistment of the member;
(c) his mother, if she is divorced or has been deserted by her husband
and the divorce or desertion occurred prior to or within three
years after the death of the member; or
(d) his step-mother, if she is widowed, divorced or has been deserted
by her husband, if the death of the husband, the divorce or the
desertion
occurred prior to or within three years after the death of
the member.
(2) The pension under this regulation is not payable unless the parent of
the deceased unmarried member -
(a) was dependent upon the member prior to his enlistment or at any
time during special service;
(b) is resident in the Commonwealth or a Territory of the
Commonwealth;
and
(c) would not be in receipt of an income from all sources (including
that pension) exceeding per fortnight the amount prescribed by
regulation 59 of these Regulations.
(3) For the purposes of this regulation, the parent of a deceased unmarried
member shall be deemed to have been dependent upon the member prior to his
enlistment if, at the time of the member's enlistment, the parent would have
been dependent upon the member but for his enlistment before he reached a
reasonable earning capacity.
(4) Where a rate of pension has been assessed in pursuance of this
regulation as payable to a mother or to a step-mother (other than a widowed
step-mother) and her husband dies subsequently, the pension continues to be so
assessed unless upon his death she is eligible for a pension under regulation
55 of these Regulations.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 58
Aged parent of deceased member
Amended by 1973 No. 285 r. 8
58. The rate of pension specified for prescribed cases in paragraph (b) of
the fourth item of Table A of Schedule 3 to the Repatriation Act as applied by
the Act may be assessed in the case of a deceased member's parent who -
(a) has attained the age of -
(i) in the case of a man - sixty-five years; or
(ii) in the case of a woman - sixty years;
(b) is resident in the Commonwealth or a Territory of the Commonwealth; and
(c) would not be in receipt of an income from all sources (including
that pension) exceeding per fortnight the amount prescribed by
the next succeeding regulation.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 59
Standard allowed income in the case of widowed mother, parent of deceased
unmarried member and aged parent
59. The income from all sources (including the pension) referred to in
paragraph (c) of sub-regulation (1) of regulation 55, in paragraph (c) of
sub-regulation (2) of regulation 57 and in paragraph (c) of regulation 58,
respectively, of these Regulations shall be -
(a) where the widowed mother or parent, as the case may be, is
blind - an amount representing one twenty-sixth of the total sum
per annum which may be received by a pensioner (being a
permanently
blind person) by way of income and pension or allowance
under Part III of the Social Services Act 1947-1962; or
(b) in any other case - an amount representing one twenty-sixth of
the total sum per annum which may be received by a pensioner
(not being a permanently blind person) by way of income and
pension or allowance under Part III of that Act.
Regulation 60 repealed by 1973 No. 153 r. 7 * * * * *
* * * * *
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 61
Allowance to re-married widow of deceased member who is again widowed
61. A Deputy Commissioner may, having regard to the circumstances of the
case, grant to the widow of a deceased member -
(a) who has re-married and is again widowed;
(b) who is without adequate means of support; and
(c) who is resident in Australia or a Territory of the Commonwealth,
and allowance, not exceeding the amount of allowance per fortnight payable
from time to time under regulation 176 of the Repatriation Regulations to a
widow in similar circumstances.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 62
Decoration allowance
Substituted by 1975 No. 95 r. 7
62. (1) This regulation applies to a member who -
(a) is receiving a pension under a provision of the Repatriation Act
as applied by the Act in respect of incapacity; or
(b) would, but for the provisions of section 43 of the Repatriation
Act as so applied or of sub-section 6 (9) of the Act, have been
entitled
to receive a rate of war pension.
(2) A member to whom this regulation applies who is, or has been, awarded a
decoration for gallantry during a war or warlike operation, or the George
Cross or George Medal, shall, subject to and in accordance with this
regulation, be paid an allowance, called decoration allowance, in respect of
the award of the decoration.
(3) The rate at which decoration allowance is payable is $2.00 per
fortnight.
(4) Where a member to whom this regulation applies at the date of
commencement of this sub-regulation has, prior to that date, been paid any
amount by way of gratuity by Australia, a State or an overseas country in
respect of the award of a decoration, being a decoration in respect of which
decoration allowance would, but for this sub-regulation, have been payable to
the member, decoration allowance is not payable on and after that date until
such time as the total of so much of decoration allowance as would, but for
this sub-regulation, have been payable to the member is not less than the
amount so paid by way of gratuity.
(5) Where a member to whom this regulation applies is paid any amount by way
of gratuity by Australia, a State or an overseas country in respect of the
award of a decoration, being a decoration in respect of which decoration
allowance would, but for this sub-regulation, have been payable to the member,
decoration allowance is not payable on and after the date on which payment of
that gratuity is made until such time as the total of so much of decoration
allowance as would, but for this sub-regulation, have been payable to the
member is not less than the amount so paid by way of gratuity.
(6) Where a member to whom this regulation applies has been awarded more
than one decoration and in respect of each of which would, but for this
sub-regulation, be entitled to be paid decoration allowance, he shall, for the
purposes of this regulation, be treated as if he had been awarded only one of
those decorations.
(7) Decoration allowance is not payable to a member to whom this regulation
applies in respect of any period in respect of which he is entitled to be paid
an allowance or annuity, being an allowance or annuity similar to decoration
allowance, by an overseas country.
(8) Decoration allowance is not payable under this regulation to a member to
whom this regulation applies where decoration allowance is payable to the
member under -
(a) regulation 180 of the Repatriation Regulations;
(b) that regulation as applied by regulation 31 or 32 of the Interim
Forces Benefits Regulations; or
(c) regulation 62 of the Repatriation (Far East Strategic Reserve)
Regulations.
(9) In this regulation -
"decoration" means -
(a) the Victoria Cross;
(b) the Distinguished Service Order;
(c) the Distinguished Service Cross;
(d) the Distinguished Flying Cross;
(e) the Military Cross;
(f) the Distinguished Conduct Medal;
(g) the Conspicuous Gallantry Medal;
(h) the Distinguished Flying Medal; or
(j) the Military Medal,
but does not include a bar to any of the above-mentioned decorations;
"war pension" means a pension other than a service pension.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 62A
Victoria Cross allowance
Inserted by 1975 No. 95 r. 7
62A. (1) A member who is, or has been, awarded the Victoria Cross shall, in
addition to any decoration allowance payable to the member under regulation 62
in respect of the award be paid, subject to and in accordance with this
regulation, an allowance, called "Victoria Cross allowance", in respect of the
award.
(2) The rate at which Victoria Cross allowance is payable is $250.00 per
year.
(3) Victoria Cross allowance is not payable to a member in respect of any
period in respect of which he is entitled to be paid an allowance or annuity,
being an allowance similar to Victoria Cross allowance, by Australia or an
overseas country.
(4) Victoria Cross allowance is not payable in respect of the award to a
member of a bar to the Victoria Cross.
(5) Victoria Cross allowance is not payable to a member under this
regulation where Victoria Cross allowance is payable to the member under -
(a) regulation 180AA of the Repatriation Regulations;
(b) that regulation as applied by regulation 31 or 32 of the Interim
Forces Benefits Regulations; or
(c) regulation 62 of the Repatriation (Far East Strategic Reserve)
Regulations.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 63
Clothing allowance
63. (1) A Deputy Commissioner may grant to a member who is in receipt of a
pension for the loss of a leg or arm, leg and arm, both legs or both arms or
for the loss of a leg (where a tilting table artificial limb must be worn), a
clothing allowance at the rate per fortnight prescribed from time to time by
sub-regulation (1) of regulation 180A of the Repatriation Regulations for an
incapacity of that description.
(2) Where a Deputy Commissioner is satisfied that it is necessary for a
member to whom a clothing allowance is payable under the last preceding
sub-regulation at a rate less than the highest rate prescribed from time to
time by sub-regulation (1) of regulation 180A of the Repatriation Regulations
to use a crutch or crutches in addition to any other artificial aid, the
Deputy Commissioner may increase the rate of that allowance to that highest
rate.
(3) Where a member is in receipt of a pension for an incapacity, other than
an incapacity specified in sub-regulation (1) of this regulation, which
results in exceptional wear and tear or damage to the member's clothing, a
Deputy Commissioner may grant to that member a clothing allowance of such
amount or at such a rate as the Deputy Commissioner determines.
(4) The amount payable under the last preceding sub-regulation, whether paid
in a lump sum or by instalments, shall not, in any period of twelve months
exceed the amount prescribed from time to time by sub-regulation (4) of
regulation 180A of the Repatriation Regulations.
(5) An allowance under sub-regulation (3) of this regulation may be granted
to a member entitled to an allowance for an incapacity referred to in
sub-regulation (1) of this regulation, in addition to the allowance payable
under sub-regulation (1) or (2) of this regulation.
(6) For the purposes of this regulation -
(a) a member who has lost a hand shall be deemed to have lost an
arm; and
(b) a member who has lost a foot shall be deemed to have lost a leg.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 64
Grants to necessitous members
64. A Deputy Commissioner may, subject to such conditions as the Commission
from time to time determines, grant by way of gift or loan an amount, not
exceeding the amount prescribed from time to time by regulation 177 of the
Repatriation Regulations, to a member who -
(a) has, in the opinion of the Commission or the Deputy
Commissioner,
suffered material prejudice as a consequence of his
special service; and
(b) is, in the opinion of the Deputy Commissioner, in necessitous
circumstances
and requires immediate relief.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 65
Payment or reimbursement of medical witnesses', & c., expenses
Sub-reg. (1) amended by 1979 No. 115 r. 5
65. (1) Where a claim or application, or an appeal to the Commission, is
allowed, whether wholly or in part, and the claimant, applicant or appellant
incurs expense in support of the claim, application or appeal in providing for
the attendance of medical witnesses or for the production of certificates,
reports or other documents from medical practitioners or from a hospital or
similar institution in which he has obtained medical treatment, the Commission
may, in accordance with such scale as is approved by the Commission, pay or
reimburse the claimant, applicant or appellant the expenses so incurred in
support of the whole, or such part, as the case may be, of his claim,
application or appeal as is allowed.
Amended by 1979 No. 115 r. 5
(2) Expenses shall not be paid or reimbursed unless the Board, or Commission
certifies that the attendance or production was reasonable for the purposes of
supporting the whole, or such part, as the case may be, of the claim,
application or appeal as is allowed.
Regulation 66 repealed by 1979 No. 115 r. 6
* * * * * * * * * *
Division 9 inserted by 1978 No. 187 r. 4
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - DIVISION 9
Division 9 - Application of Repatriation Regulations
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 66A
Application of certain provisions of the Repatriation Regulations
Inserted by 1978 No. 187 r. 4 Sub-reg. (1) amended by 1980 No. 324 r. 3
66A. (1) Subject to sub-regulation (2), the provisions of regulations 71,
71A, 72, 72A and 72B of the Repatriation Regulations apply to and in relation
to members within the meaning of these Regulations.
Amended by 1980 No. 324 r. 3
(2) In the application, in accordance with sub-regulation (1), of
regulations 71, 71A and 72 of the Repatriation Regulations -
(a) a reference to a member shall be read as a reference to a member
within the meaning of these Regulations;
(b) a reference to "wife" shall be read as a reference to "wife" within
the meaning of these Regulations;
(c) subject to paragraph (e), a reference to "the Act" shall be read as
a reference to "the Repatriation Act";
(d) a reference to war service shall be read as a reference to special
service;
(e) a reference in sub-regulation 71 (8), paragraph 71 (10) (a) or
regulation 72A to paragraph (c) of the proviso to sub-section 101
(1) of the Repatriation Act shall be read as a reference to
sub-section
6 (9) of the Repatriation (Special Overseas Service) Act
1962;
(f) sub-regulation 71 (16) shall have effect as if paragraph (b) were
omitted;
(g) a reference in regulation 72A to medical treatment shall be read
as a reference to medical treatment within the meaning of section
14 of the Repatriation (Special Overseas Service) Act 1962; and
(h) sub-regulation 72A (10) shall have effect as if paragraph (b)
were omitted.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - PART IV
PART IV - MISCELLANEOUS
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 67
Improper use of gifts or loans
67. A person to whom assistance has been granted under these Regulations for
any purpose, shall not, without first obtaining the consent of a Deputy
Commissioner -
(a) use the money or goods for another purpose; or
(b) sell or otherwise dispose of, or in any way pledge, mortgage or
deposit,
by way of security, any goods so granted or any goods
purchased
with any money so given or lent.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 68
Advances not to be made on security of pension
68. (1) A person shall not advance money or goods, or offer or promise to
advance money or goods, to a pensioner or to a person on his behalf on the
security (whether sole or collateral) of his pension or of an instalment of
his pension, and a person shall not purport to accept a transfer or assignment
of, or to create a charge on, his pension or instalment.
(2) A pensioner shall not obtain an advance of money or goods upon the
security of his pension, or an instalment of his pension, and a pensioner
shall not purport to transfer or assign or create a charge on his pension or
an instalment of his pension.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 69
Power of Deputy Commissioner to require information
Sub-reg. (1) amended by 1978 No. 187 r. 5
69. (1) A person shall, if so required by a Deputy Commissioner by notice in
writing, furnish to an officer specified in the notice, within the time
specified in the notice -
(a) a confidential written report of the facts within his knowledge
relating
to a matter specified in the notice; or
(b) written answers to questions specified in the notice,
concerning any claimant, applicant, pensioner, or person to or in respect of
whom a pension or allowance has been claimed, applied for or granted.
(2) No action or proceeding, civil or criminal, except an action or
proceeding authorized by the Act or by these Regulations, lies against a
person in respect of information in a report or answer furnished by him under
this regulation.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 70
Prohibition of certain acts in relation to assistance and benefits
Sub-reg. (1) amended by 1966 No. 141 r. 3
70. (1) A person shall not -
(a) make, either orally or in writing, a false or misleading statement
in, or in connexion with, or in support of, an application for
assistance
or benefits, or a review of assistance or benefits, granted
under these Regulations;
(b) obtain assistance or benefits which are not payable;
(c) obtain payment of any moneys by means of a false or misleading
statement; or
(d) make or present to the Minister, the Commission or an officer
doing duty in relation to the Act or these Regulations, a
statement
or document which is false in any particular.
Penalty: Fifty dollars or imprisonment for three months.
(2) Where a person is convicted of an offence under this regulation, the
court may, in addition to imposing a penalty in respect of the offence, order
him to repay or return to the Commission any money, allowances or goods
received by him in consequence of the act in respect of which he was
convicted.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 71
Signature to forms
71. (1) An approved form for the purposes of these Regulations that is
required to be signed by a person shall be signed by that person with his
personal signature.
(2) Where a person who is unable to sign his name in writing makes a mark as
his signature to an approved form, the mark shall be deemed to be his personal
signature if it is identifiable as his mark and is made in the presence of a
witness who signs the form as a witness.
(3) A person shall not make the signature of another person on an approved
form.
(4) A person shall not sign his name on an approved form for the purposes of
these Regulations as a signature to that form unless the form has been filled
in so as to be ready for use without further addition.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 72
Compliance with forms
72. Strict compliance with an approved form is not necessary and substantial
compliance is sufficient.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 73
Offences
Amended by 1966 No. 141 r. 3
73. A person who wilfully acts in contravention of, or wilfully fails to
comply with, a provision of these Regulations shall be guilty of an offence
and, if no other penalty is prescribed, is liable upon conviction to a penalty
not exceeding Fifty dollars.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 74
Time for commencement of prosecution
74. A prosecution in respect of an offence against these Regulations shall
not be commenced at any time after the expiration of the period of three years
from the commission of the offence.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 75
Delegation by Commission
75. (1) The Commission may, either generally or in relation to a matter or
class of matters and either in relation to the whole or part of the
Commonwealth, by writing under its seal, delegate all or any of its powers and
functions under these Regulations, except this power of delegation and its
powers as trustee under regulation 8 of these Regulations.
(2) A power or function so delegated may be exercised or performed by the
delegate in accordance with the instrument of delegation.
(3) A delegation under this regulation is revocable at will and does not
prevent the exercise of a power or the performance of a function by the
Commission.
(4) Where the exercise of a power or the performance of a function by the
Commission under these Regulations, or the operation of a provision of these
Regulations, is dependent upon the opinion or belief of the Commission in
relation to a matter, that power or function may be exercised or performed by
the delegate, or that provision may operate, upon the opinion or belief of the
delegate in relation to that matter.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 76
Exercise by Commission of powers of Deputy Commissioner or Education Board
76. (1) A power or authority vested by these Regulations in a Deputy
Commissioner or an Education Board may be exercised by the Commission.
(2) Where the exercise of a power or authority by a Deputy Commissioner or
an Education Board under these Regulations, or the operation of a provision of
these Regulations, is dependent upon the opinion or belief of the Deputy
Commissioner, or an Education Board, in relation to a matter, that power or
authority may be exercised by the Commission, or that provision may operate,
upon the opinion or belief of the Commission in relation to that matter.
(3) For the purpose of the last preceding sub-regulation, "the Commission"
includes, in relation to a power or authority delegated by the Commission
under the last preceding regulation, the person to whom that power or
authority has been delegated.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 77
Exercise of powers by Deputy Commissioner
77. A power or authority exercisable by a Deputy Commissioner under these
Regulations is subject to such conditions as the Commission determines.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 78
Power of Commission to enter into contracts
78. The Commission may enter into contracts for any purpose connected with,
or incidental to, the administration of the Act or of these Regulations,
including contracts for the purchase or sale of commodities.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - PART V
PART V - APPLICATION OF REGULATIONS TO FEMALE MEMBERS
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 79
Interpretation
79. For the purposes of the application of these Regulations to female
members -
(a) a reference to a member shall be read as a reference to a female
member;
(b) a reference to the wife of a member shall be read as a reference to the
husband of a female member; and
(c) a reference to the widow of a member shall be read as a reference to
the
widower of a female member.
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS - REG 80
Limitations on assistance and benefits to dependants of female members
80. (1) An allowance or benefit under these Regulations shall not be granted
to a dependant of a deceased female member unless the dependant would, but for
the death of the female member, be so dependent.
(2) An allowance or benefit under these Regulations shall not be granted to
a child of the female member, unless the female member is dead and the child
is without adequate means of support or, if the member is not dead, unless -
(a) the father or step-father of the child -
(i) is, by reason of physical or mental incapacity, unable to
earn a livelihood and is without adequate means of
support;
or
(ii) is dead or is separated or divorced from, or has deserted,
the member; and
(b) the child is wholly or substantially dependent upon the member and is
without adequate means of support.
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