Unemployment and Sickness Benefits Act 1944 (Cth)

UNEMPLOYMENT AND SICKNESS BENEFITS.

No. 10 of 1944.

An Act to provide for the Payment of Unemployment, Sickness and Special Benefits.

[Assented to 5th April, 1944.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1.This Act may be cited as the Unemployment and Sickness Benefits Act 1944.

Commencement.

2.This Act shall commence on a date to be fixed by proclamation.

Parts.

3.This Act is divided into Parts, as follows:—

Part I.—Preliminary.
Part II.—Administration.
Part III.—Unemployment Benefit and Sickness Benefit.
Division 1.—Qualification for Benefit.
Division 2.—Rate of Benefit.
Division 3.—Claims for Benefit.
Division 4.—Payment of Benefit.
Division 5.—Review of Benefit.
Part IV.—Special Benefit.
Part V.—Miscellaneous.

Definitions.

4.In this Act, unless the contrary intention appears—

“beneficiary” means a person in receipt of benefit;
“benefit” means unemployment benefit, sickness benefit or special benefit;
“claim” means a claim for benefit;
“claimant” means a person claiming benefit;
“Deputy Director” means a Deputy Director of Social Services;
“friendly society” means a society registered or incorporated under the law in force in any State or Territory of the Commonwealth relating to friendly societies;
“income”, in relation to any person, means any personal earnings, moneys, valuable consideration or profits earned, derived or received by that person for his own use or benefit by any means from any source whatsoever whether within or out of Australia, and includes any periodical payment by way of gift or allowance from any person, but does not include—
(a) any payment under the Maternity Allowance Act 1912–1943;
(b) any payment under the Child Endowment Act 1941–1942; or
(c) in relation to a person qualified to receive sickness benefit, any payment made in respect of the incapacity in respect of which that person is so qualified;
“pension” means a pension or allowance under the Invalid and Old-age Pensions Act 1908–1943 or the Widows’ Pensions Act 1942–1943 or a service pension under the Australian Soldiers’ Repatriation Act 1920–1943;
“Registrar” means a Registrar of Social Services;
“the Assistant Director-General” means the Assistant Director-General of Social Services;
“the Director-General” means the Director-General of Social Services;

“this Act” includes the regulations;
“unmarried person” includes a widower or widow and a person whose marriage has been dissolved.

Part II.—Administration.

5.The Director-General shall, subject to any direction of the Administration. Minister, have the general administration of this Act.

Assistant Director-General and Deputy Directors.

6.There shall be an Assistant Director-General of Social Services and. in each State a Deputy Director of Social Services.

Registrars.

7.—(1.) There shall be such Registrars of Social Services as are necessary for the purposes of this Act.

(2.) A Registrar shall be appointed by the Director-General in the prescribed manner.

Delegation.

8.—(1.) The Director-General may, by writing under his hand, delegate to the Assistant Director-General, to a Deputy Director, to a Registrar or to any other person all or any of his powers and functions under this Act, except this power of delegation, so that the delegate may exercise the powers and functions specified in the instrument of delegation.

(2.) Where under this Act the exercise of any power or function by the Director-General, or the operation of any provision of this Act, is dependent upon the opinion, belief or state of mind of the Director-General in relation to any matter, that power or function may be exercised by the delegate of the Director-General, or that provision may operate, as the case may be, upon the opinion, belief or state of mind of the delegate in relation to that matter.

(3.) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Director-General.

Determination of claims.

9.The Director-General may, subject to this Act, determine claims for benefit.

Review of determinations.

10.Whenever it appears to the Director-General that sufficient reason exists for reviewing any determination under this Act he may review, and may affirm, vary or annul the determination.

Appeal to Director-General.

11.Any person affected by a determination under this Act (except a determination made by the Director-General) may, within such time (if any) as is prescribed, appeal to the Director-General and the Director-General may affirm, vary or annul the determination.

Powers as to taking of evidence and production of documents.

12.—(1.) The Director-General, the Assistant Director-General, a Deputy Director or a Registrar may, for the purposes of this Act—

(a) summon witnesses;
(b) receive evidence on oath; and
(c) require the production of documents.

(2.) A person who has been summoned to appear before the Director-General, the Assistant Director-General, a Deputy Director or a Registrar shall not, without lawful excuse and after tender of reasonable expenses, fail to appear in obedience to the summons.

Penalty: Twenty pounds.

(3.) A person, whether summoned or not, who appears before the Director-General, the Assistant Director-General, a Deputy Director or a Registrar shall not—

(a) refuse to be sworn as a witness or to make an affirmation;
(b) fail to answer any question which he is lawfully required to answer; or
(c) fail to produce any document which he is lawfully required to produce.

Penalty: Fifty pounds.

Officers to observe secrecy.

13.The Director-General, the Assistant Director-General, a Deputy Director, a Registrar and any other person performing duties, or exercising powers and functions, under this Act—

(a) shall not directly or indirectly, except in the performance of his duties, or in the exercise of his powers or functions, under this Act, and while he has, or after he ceases to have, any such duties, powers or functions, make a record of, or divulge or communicate to any person, any information acquired by him in the performance of those duties, or in the exercise of those powers or functions, with respect to the affairs of any other person;
(b) shall, if the Minister or the Director-General so directs, before entering upon his duties, or exercising any powers or functions, under this Act, make before a Justice of the Peace or a Commissioner for Declarations a declaration in accordance with the prescribed form; and
(c) shall not be required to produce in court any claim or determination of a claim, or to divulge or communicate to any court any matter or thing coming under his notice in the performance of his duties, or in the exercise of his powers or functions, under this Act, except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act.

Penalty: Two hundred and fifty pounds.

Information may be disclosed in certain circumstances.

14.—(1.) Notwithstanding anything contained in the last preceding section, the Director-General, the Assistant Director-General, a Deputy Director, a Registrar or any other person performing duties, or exercising powers and functions, under this Act, may—

(a) if the Minister or the Director-General certifies that it is necessary in the public interest that any information acquired by him in the performance of those duties, or in the exercise of those powers and functions, should be divulged, divulge that information to such person as the Minister or the Director-General directs; or

(b) divulge any such information to any prescribed authority or person.

(2.) Any authority or person to whom information is divulged under the last preceding sub-section, and any person or employee under the control of that authority or person, shall, in respect of that information, be subject to the same rights, privileges, obligations and liabilities under paragraphs (a) and (c) of the last preceding section as if he were a person performing duties under this Act and had acquired the information in the performance of those duties.

Part III.—Unemployment Benefit and Sickness Benefit.

Division 1.—Qualification for Benefit.

Unemployment benefit.

15.Subject to this Act, every person (not being a person in receipt of, or qualified to receive, a pension) who—

(a) has attained the age of sixteen years but has not attained the age of sixty-five years, or, in the case of a female, sixty years;
(b) is residing in Australia and has been continuously so resident for a period of not less than one year immediately prior to the date of the claim; and
(c) satisfies the Director-General that he—
(i) is unemployed and that his unemployment is not due to his being a direct participant in a strike;
(ii) is capable of undertaking, and is willing to undertake, work which, in the opinion of the Director-General, is suitable to be undertaken by that person; and
(iii) has taken reasonable steps to obtain such work,

shall be qualified to receive unemployment benefit.

Sickness benefit.

16.—(1.) Subject to this Act, every person (not being a person in receipt of, or qualified to receive, a pension) who—

(a) has attained the age of sixteen years but has not attained the age of sixty-five years, or, in the case of a female, sixty years;
(b) is residing in Australia and has been continuously so resident for a period of not less than one year immediately prior to the date of the claim; and
(c) satisfies the Director-General that he is temporarily incapacitated for work by reason of sickness or accident and has thereby suffered a loss of salary, wages or other income,

shall, unless the Director-General is satisfied that the incapacity was brought about with a view to obtaining sickness benefit, be qualified to receive sickness benefit.

(2.) Where any payment is made by a person to any other person (not being the spouse or a parent, child (including step-child or adopted child), grandchild, brother (including half-brother) or sister (including half-sister) of the first-mentioned person) who acts as his substitute

during any period of incapacity, the Director-General may, for the purposes of the last preceding sub-section, regard the first-mentioned person as having suffered a loss of income equal to the amount of that payment.

Continuous residence not to be interrupted by certain absences.

17.For the purposes of the last two preceding sections, continuous residence in Australia shall be deemed not to have been interrupted—

(a) by occasional absences not exceeding in the aggregate six months;
(b) by any period of absence during which the claimant’s home, or such of his children, including step-children and adopted children, as were under the age of sixteen years, remained in Australia; or
(c) by any period of absence attributable to circumstances connected with any war in which His Majesty is engaged.

Married Women.

18.A married woman shall not be qualified to receive unemployment benefit or sickness benefit unless the Director-General is satisfied that it is not reasonably possible for her husband to maintain her.

Aboriginal natives.

19.An aboriginal native of Australia shall not be qualified to receive unemployment benefit or sickness benefit unless the Director-General is satisfied, by reason of the character, standard of intelligence and development of the aboriginal native, that it is reasonable that the aboriginal native should receive benefit.

Division 2.—Rate of Benefit.

Rate of unemployment and sickness benefit.

20.—(1.) Subject to this Act, the rate of unemployment benefit and sickness benefit shall be—

(a) in the case of an unmarried person who has not attained the age of eighteen years—Fifteen shillings per week;
(b) in the case of an unmarried person who has attained the age of eighteen years but has not attained the age of twenty-one years—One pound per week; and
(c) in any other case—One pound five shillings per week.

(2.) Where any person qualified to receive unemployment benefit or sickness benefit has a spouse resident in Australia who, in the opinion of the Director-General, is dependent on that person, the rate of benefit otherwise payable to that person shall (unless the spouse is in receipt of a pension at a rate not less than One pound per week) be increased by One pound per week less the rate per week of any pension which the spouse is receiving.

(3.) Where any person qualified to receive unemployment benefit or sickness benefit has the custody, care and control of one or more children under the age of sixteen years, the rate of benefit otherwise payable to him shall be increased by Five shillings per week.

Limitation on amount payable as sickness benefit.

21.Notwithstanding anything contained in this Part, the rate of sickness benefit per week payable to any person shall not exceed the rate of salary, wages or other income per week which, in the opinion of the Director-General, that person has lost by reason of his incapacity.

Means test.

22.—(1.) The rate per week of unemployment benefit or sickness benefit payable to any person shall be reduced by the amount (if any) by which, in the opinion of the Director-General, the rate of income per week of that person (including, in the case of unemployment benefit, the aggregate of the income of that person’s spouse and of the income (other than personal earnings) of any child who has not attained the age of sixteen years and is in the custody, care and control of that person) exceeds—

(a) in the case of an unmarried person who has attained the age of sixteen years but has not attained the age of seventeen years—Five shillings;
(b) in the case of an unmarried person who has attained the age of seventeen years but has not attained the age of eighteen years—Ten shillings;
(c) in the case of an unmarried person who has attained the age of eighteen years but has not attained the age of twenty-one years—Fifteen shillings; and
(d) in any other case—One pound.

(2.) In determining the amount by which the rate of unemployment benefit or sickness benefit payable to any person shall be reduced under the last preceding sub-section, any amount received by that person in respect of board or lodging, or both, provided by him (but not exceeding the amount prescribed in relation to board or lodging, or both, as the case requires) shall not be regarded as income.

(3.) In determining the amount by which the rate of sickness benefit payable to any person shall be reduced under sub-section (1.) of this section, any amount received by that person, in respect of his incapacity, from a friendly society approved by the Director-General, or from any other person who, or body which, the Director-General is satisfied provides benefits similar to the benefits provided by friendly societies, but not exceeding One pound per week, shall not be regarded as income.

Provisions where beneficiary entitled to compensation, &c.

23.—(1.) Where any person qualified to receive sickness benefit has received, is receiving, or is qualified or entitled to receive, any other payment (whether by way of compensation, salary or wages pending the commencement of payment of compensation, damages or otherwise, but not including any amount received from a friendly society approved by the Director-General or from any other person who. or body which, the Director-General is satisfied provides benefits similar to the benefits provided by friendly societies) in respect of the incapacity in respect of which he is qualified to receive sickness benefit, the rate of sickness benefit to which he would otherwise be entitled shall be reduced by the amount per week of that payment.

(2.) Where any such payment is made by way of a lump sum, the equivalent weekly value of the lump sum shall, for the purposes of this section, be taken as being received weekly.

(3.) The methods and conditions of ascertaining the equivalent weekly value shall be as determined by the Director-General.

(4.) Where any person qualified to receive sickness benefit has a claim against any person to recover compensation or damages in respect of the incapacity in respect of which he is so qualified, the Director-General may direct that the payment of sickness benefit to the first-mentioned person shall be subject to the condition that the whole or any part of the benefit shall be repaid to the Commonwealth out of any such compensation or damages recovered by the first-mentioned person, and in any such case the amount of the benefit, or part thereof, as the case may be, shall be a charge on the compensation or damages.

Division 3.—Claims for Benefit.

Claims for unemployment and sickness benefit.

24.A claim for unemployment benefit or sickness benefit shall be made in accordance with such form, and in such manner, as the Director-General determines.

Medical certificates to be furnished.

25.—(1.) A claim for sickness benefit shall, unless the Director-General, in special circumstances, otherwise directs, be supported by the certificate of a legally qualified medical practitioner certifying as to such matters, and containing such information, as the Director-General requires.

(2.) The Director-General may refuse to determine any claim for sickness benefit until the claimant has been examined by a legally qualified medical practitioner nominated by the Director-General for that purpose.

Investigation of claims.

26.Every claim shall be investigated in such manner as the Director-General determines.

Division 4.—Payment of Benefit.

Date from which benefit shall commence.

27.—(1.) Subject to this Act, the unemployment benefit payable to any person shall be payable from and including the seventh day after the day on which that person—

(a) becomes unemployed; or
(b) makes a claim for unemployment benefit,

whichever is the later.

(2.) Subject to this Act, the sickness benefit payable to any person shall be payable from and including—

(a) the seventh day after the day on which that person becomes incapacitated; or
(b) the day on which that person makes a claim for sickness benefit,

whichever is the later.

(3.) Subject to this Act, unemployment benefit or sickness benefit shall be paid to a person only so long as the Director-General is satisfied that that person continues to be qualified to receive benefit.

Postponement or cancellation of unemployment benefit in certain cases.

28.The Director-General may postpone for such period as he thinks fit the date from which unemployment benefit shall be payable to any person, or may cancel the payment of unemployment benefit to any person, as the case requires—

(a) if that person voluntarily became unemployed without good and sufficient reason;
(b) if that person became unemployed by reason of his misconduct as a worker;
(c) if that person has refused or failed, without good and sufficient reason, to accept an offer of employment which the Director-General considers to be suitable; or
(d) if, in the opinion of the Director-General—
(i) that person is a seasonal or intermittent worker; and
(ii) the income of that person is sufficient for the maintenance of himself and the persons who are ordinarily maintained by him notwithstanding a period of temporary unemployment.

Sickness benefit in lieu of unemployment benefit and vice versa.

29.—(1.) Where any person in receipt of unemployment benefit becomes qualified to receive sickness benefit, he may be paid sickness benefit in lieu of unemployment benefit and, in any such case, the cessation of the unemployment benefit paid to that person shall, for the purposes of this Act, be regarded as a loss of income by that person and the sickness benefit shall be payable from and including the day after the day up to which unemployment benefit is paid to that person or, if the last-mentioned day is a Saturday, from and including the following Monday.

(2.) Where any person in receipt of sickness benefit becomes qualified to receive unemployment benefit, he may be paid unemployment benefit in lieu of sickness benefit, and the unemployment benefit shall be payable from and including the day after the day up to which sickness benefit is paid to that person or, if the last-mentioned day is a Saturday, from and including the following Monday.

Manner of payment of unemployment benefit and sickness benefit.

30. Unemployment benefit and sickness benefit shall be paid, in such manner as the Director-General determines, to the beneficiary or to such other person as is approved by the Director-General.

Cancellation of benefit if recipient becomes imprisoned or enters hospital for the insane.

31.If a person in receipt of unemployment benefit or sickness benefit becomes imprisoned or an inmate of a hospital for the insane, payment of the benefit shall forthwith cease.

Division 5.—Review of Benefit.

Cancellation of sickness benefit in certain cases.

32.The Director-General may cancel the payment of sickness benefit to any person where that person—

(a) refuses or fails to furnish to the Director-General the certificate of a legally qualified medical practitioner certifying as to such matters, and containing such information, as the Director-General requires;
(b) refuses or fails to submit himself for examination by a legally qualified medical practitioner nominated by the Director-General for the purpose; or
(c) refuses or fails to take any action which the Director-General considers it reasonable for him to take in order to terminate, or reduce the extent of, his incapacity.

Beneficiaries to furnish statement of Income, &c., when required.

33.—(1.) Whenever so required by the Director-General, a person in receipt of unemployment benefit or sickness benefit shall furnish to the Director-General a statement, in accordance with a form approved by the Director-General, relating to any matter which might affect the payment to him of benefit.

(2.) If, having regard to the amount of income received by a person in receipt of unemployment benefit or sickness benefit, the Director-General is satisfied that the payment of benefit should be cancelled, or that the rate of benefit paid is greater or less than it should be, he may cancel the payment of the benefit, or reduce or increase the rate of benefit, paid to that person accordingly.

Disentitlement to benefit in certain cases.

34.Where a person in receipt of unemployment benefit or sickness benefit acquires any income to such an extent that, if he had been in receipt thereof at the time when his claim for benefit was determined, he would have been ineligible to receive benefit at the rate being paid to him, he shall forthwith be disentitled to receive benefit to the extent of that ineligibility.

Cancellation, &c., of benefit.

35.—(1.) The Director-General may at any time cancel or suspend the payment of unemployment benefit or sickness benefit paid to any person, or reduce the rate of unemployment benefit or sickness benefit paid to any person, if he considers it expedient so to do.

(2.) Where, in pursuance of the last preceding sub-section, any person acting as the delegate of the Director-General cancels or suspends the payment of benefit paid to any person, or reduces the rate of benefit paid to any person, the decision shall be subject to an appeal, in the time and in the manner prescribed, to the Director-General.

Part IV.—Special Benefit.

Special benefit.

36.The Director-General may, in his discretion, grant special benefit under this Part to any person (not being a person in receipt of, or qualified to receive, a pension) with respect to whom the Director-General is satisfied that—

(a) by reason of age, physical or mental disability or domestic circumstances, or for any other reason, that person is unable to earn a sufficient livelihood for himself and his dependants (if any); and

(b) that person is not qualified to receive unemployment benefit or sickness benefit.

Rate of special benefit.

37.The rate of special benefit payable to any person shall be such as the Director-General, in his discretion, from time to time determines, but not exceeding the rate of unemployment benefit or sickness benefit which could be paid to that person if he were qualified to receive it.

Claim for special benefit.

38.A claim for special benefit shall be made in accordance with such form, and in such manner, as the Director-General determines.

Period for which special benefit payable.

39.Special benefit shall be payable from such date, and shall continue for such period, as the Director-General determines.

Manner of payment of special benefit.

40.Special benefit shall be paid, in such manner as the Director-General determines, to the beneficiary or to such other person as is approved by the Director-General.

Beneficiaries to furnish statement of income, &c, when required.

41.Whenever so required by the Director-General, a person in receipt of special benefit shall furnish to the Director-General a statement, in accordance with a form approved by the Director-General, relating to any matter which might affect the payment to him of special benefit.

Part V.—Miscellaneous.

Payment of benefit to be made from National Welfare Fund.

42.Payments of benefit shall be made out of the Trust Account established under the National Welfare Fund Act 1943 and known as the National Welfare Fund.

Benefit to be payable weekly.

43.—(1.) Subject to the next succeeding sub-section, benefit shall be payable in weekly instalments on such days as the Director-General determines.

(2.) Where benefit is payable in respect of any period less than a week, the benefit shall be payable in respect of each day, other than Sunday, in that period, and the amount of benefit payable in respect of each day, other than Sunday, shall be one-sixth of the weekly rate of benefit.

(3.) Where payment of any instalment of benefit has not been obtained within one month after the day on which the instalment became payable, the instalment shall not (unless the Director-General, in special circumstances, otherwise determines) be paid.

Benefits to be absolutely inalienable.

44.Subject to this Act, benefit shall be absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Training or treatment of claimants and beneficiaries.

45.If, in the opinion of the Director-General, any claimant or beneficiary should—

(a) undergo a course of training in any occupation;
(b) submit himself for examination at any medical, psychological or other like institution;

(c) receive any medical or other treatment;
(d) undergo any course of training for the improvement of his physical or mental capacities; or
(e) do any work required of him,

the Director-General may direct that payment of benefit to that person shall be subject to the condition that he shall comply with the requirements of the Director-General in respect of any such matter.

Information as to beneficiaries.

46.The Director-General may require any person whom he believes to be in a position to do so to furnish to him a confidential report relating to any matter which might affect the payment of benefit to any other person and a person so required shall not fail to furnish a report accordingly within a reasonable time and shall not furnish a report which is false or misleading in any particular.

Penalty: Fifty pounds or imprisonment for three months.

Receipt of income by beneficiaries to be notified.

47. Whenever—

(a) any person in receipt of unemployment benefit or sickness benefit earns, derives or receives any income the receipt of which affects the rate of benefit payable to him; or
(b) any person in receipt of special benefit earns, derives or receives any income which was not received by him when the benefit was granted,

he shall, within seven days after the acquisition or receipt thereof, give notice to a Registrar accordingly.

Penalty: Ten pounds.

Recovery of overpayments.

48.Where, in consequence of any false statement or representation, or in consequence of any failure to give notice as required by the last preceding section, any amount has been paid by way of benefit which would not have been paid but for the false statement or representation, or failure to give notice, or where any amount of benefit which is not payable has been paid, the amount so paid shall be recoverable in any court of competent jurisdiction from the person to whom, or on whose account, the amount was paid, or from the estate of that person, as a debt due to the Commonwealth.

Offences.

49.—(1.) A person shall not—

(a) make, either orally or in writing, a false or misleading statement in connexion with, or in support of, any claim, either for himself or for any other person;
(b) obtain payment of any benefit or instalment thereof which is not payable;
(c) obtain payment of any benefit or instalment thereof by means of any false or misleading statement; or
(d) make or present to any officer doing duty in relation to this Act any statement or document which is false in any particular.

Penalty: Fifty pounds or imprisonment for three months.

(2.) Any person convicted of an offence against this section may, in addition to the penalty imposed for the offence, be ordered to repay to the Commonwealth any amount paid by way of benefit in consequence of the act in respect of which he was convicted.

(3.) Proceedings under this section may be commenced at any time within three years after the commission of the offence.

Consent to prosecution.

50.An offence against this Act shall not be prosecuted without the written consent of the Minister.

Indemnity to certain persons.

51.Nothing contained in any law of a State or Territory of the Commonwealth shall operate so as to prohibit any person from furnishing any information, or making any books, documents or papers available, to the Director-General or to any other person doing duty in relation to this Act, for the purposes of this Act.

Annual report to be prepared.

52.—(1.) The Director-General shall, within three months after the end of each financial year prepare and furnish to the Minister, for presentation to the Parliament, a report, with statistics, as to the administration and operation of this Act.

(2.) The report may deal with the administration and operation of any other Act administered by the Minister administering this Act.

Regulations.

53.