Australian Soldiers' Repatriation Regulations (Amendment)

STATUTORY RULES.

1935. No. 136.

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920–1935.*

I, THE GOVERNOR‑GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1920–1935.

Date this eighteenth day of December 1935

(SGD.) ISAAC A. ISAACS

Governor‑General.

By His Excellency’s Command,

for Minister of State for Repatriation.

Amendment of Australian Soldiers’ Repatriation Regulations.†

Commencement.

1. These Regulations shall commence on the first day of January, 1936.

Interpretation.

2. In these Regulations, any reference to a regulation or Schedule shall be read as a reference to a regulation or Schedule, as the case may be, contained in the Australian Soldiers’ Repatriation Regulations, as amended to the date of commencement of these Regulations.

3. Regulation 3 is amended—

Definitions.

(a) by adding at the end of paragraph (b) of the definition of “Child” the words “, or unless the child is entitled to receive pension under section thirty‑nine a of the Act;”;

(b) by omitting the definition of “Deceased Soldier” and inserting in its stead the following definitions:—

“Deceased Soldier’ means a soldier whose death has been accepted for the purposes of the Act and of these Regulations as attributable to war service, and includes a soldier whose dependants are entitled to receive pension under section thirty‑nine a of the Act;

‘Deceased Unmarried Soldier’ means a deceased soldier who was not, at any time during his life, married”;

(c) by omitting from the definition of “Pension” the word “under” and inserting in its stead the words “as defined in”;

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* Notified in the Commonwealth Gazette on December, 1935.

† Statutory Rules 1934, No. 16 as amended by Statutory Rules 1935, Nos. 7 and 84.

5937.—6/16.12.1935.—Price 5d.

(d) by omitting from the definition of “War Pension” the word “under” and inserting in its stead the words “as defined in”;

(e) by omitting the definition of “Widow” and inserting in its stead the following definition:—

“‘Widow’ includes—

(a) a person who is eligible for a war pension under section thirty‑six of the Act in respect of the death of a soldier;

(b) the widow of a deceased soldier who was married to the soldier after the first day of October, 1931; and

(c) a widow who is entitled to pension under section thirty‑nine a of the Act”;

(f) by omitting the proviso to the definition of “Wife”; and

(g) by adding at the end thereof the following sub‑regulation:—

“(2.) Any reference in these Regulations to a form shall be read as a reference to a form in the Schedule to these Regulations.”.

4. After regulation 3 the following regulation is inserted:—

Application of Regulations to Service Pensions.

“3a. The provisions of these Regulations which apply to pensions under Divisions 1, 2, 3 and 4 of Part III. of the Act shall also apply, mutatis mutandis, to service pensions.”.

Definitions in Part II. of the Regulations.

5. Regulation 4 is amended—

(a) by adding at the end of paragraph (ii) of the definition of “Child” the words, “or unless the child is entitled to receive pension under section thirty‑nine a of the Act;”;

(b) by adding at the end of the definition of “Dependants” the words “, and includes the wife or child of a service pensioner;” and

(c) by omitting from the definition of “Pension” the word “under” and inserting in its stead the words “as defined in”.

6. Regulations 8 and 9 are repealed and the following regulations inserted in their stead:—

Claim by incapacitated member.

“8. Every member who claims a pension under Division 1 of Part III. of the Act for himself, or for himself and any dependant being his wife or child, on the ground that he suffers incapacity, shall lodge a claim in accordance with Form Z:

Provided that any claim made in writing, prior to the lodging of a claim in accordance with Form Z, by a member or by any person or organization on his behalf (including any claim that he suffers incapacity) may be deemed to be a claim for pension for the member and for any dependent being the wife or child of the member for whom be lodges a claim on the prescribed form when lodging his claim in accordance with Form Z.

Claims by dependants.

“9.—(1.) Every person who claims a pension under Division 1 of Part III. of the Act on the ground that he is or was a dependant of the member shall—

(a) in the case of a claimant under the age of sixteen years—lodge a claim in accordance with Form X; and

(b) in the case of any other claimant—lodge a claim in accordance with Form Y:

Provided that a claim on behalf of the wife or any child of an incapacitated member may be included in the claim of the member:

Provided further that any claim made in writing prior to the lodging of a claim in accordance with Form X or Form Y, by the wife or widow of a member, or by any person or organization on her behalf (including a claim that the member suffers incapacity or that his death was due to war service) may be deemed to be a claim for pension for the wife or widow and for any of her children for whom she lodges a claim in accordance with Form X when lodging her claim in accordance with Form Y.

“(2.) Any declaration on Form X may be made by any person who has a knowledge of the facts and who is more than sixteen years of age.”.

Duty of Registrar in respect of claim or application by member.

7. Regulation 13 is amended by omitting the words “an incapacitated member” and inserting in their stead the words “a member”.

8. Regulation 24 is repealed and the following regulation inserted in its stead:—

Medical report.

“24. A medical report in respect of incapacity, or in respect of an application for, or review of, a service pension may be in accordance with Form K.”

Due date of instalments.

9. Regulation 28 is amended by adding at the end thereof the words “but where the due date is a public holiday, the Commission may arrange for payment of the instalment on some other suitable day”.

10. After regulation 40 the following regulation is inserted:—

Supply of information by service pensioner.

“40a. A statement under section forty‑five aq of the Act relating to the income of a service pensioner shall be in accordance with Form SP3.”.

Repeal of regulation 41.

11. Regulation 41 is repealed,

12. Regulation 47 is repealed and the following regulation inserted in its stead:—

Lodging of appeal to Assessment Appeal Tribunal.

“47. Any member who has a right of appeal under section forty‑five n or section forty‑five qa of the Act may lodge with a Deputy Commissioner an appeal in accordance with Form TE or Form TK, as the case may be”.

13. Regulation 50 is repealed and the following regulation inserted in its stead:—

Decisions of Assessment Appeal Tribunal to be recorded.

“50.—(1.) Any decision of an Assessment Appeal Tribunal shall be recorded—

(a) in the case of appeals under section forty‑five n of the Act—in accordance with Form TF; and

(b) in the case of appeals under section forty‑five qa of the Act—in accordance with Form TL,

and shall be signed by the Chairman or Deputy Chairman, as the case requires.

“(2.) A record of all appeals heard and decisions given by an Assessment Appeal Tribunal shall be kept by the Tribunal”.

Notification of decision of Assessment Appeal Tribunal.

14. Regulation 51 is amended by adding after the words “Form TF” the words “or Form TL.”.

15. Regulation 74 is repealed and the following regulations inserted in its stead:—

Records of contribution and disbursements therefrom.

“74.—(1.) A Local Committee shall keep such records and books of account as may be necessary to record—

(a) contributions received or moneys raised by the Local Committee in pursuance of the powers conferred by sub‑section (3.) of section forty‑nine of the Act and by regulation 73 of these Regulations; and

(b) any expenditure or allotment from those funds.

Furnishing of information.

“74a. Whenever required by the Commission or a Deputy Commissioner, by notice in writing, a Local Committee shall furnish to the Commission or to the Deputy Commissioner, as the case may be, within the time specified in the notice—

(a) returns showing the transactions of the Committee on behalf of any soldier or dependant;

(b) a statement, certified as correct by a competent auditor and by the Secretary to the Local Committee, showing, in respect of contributions received or moneys raised by the Local Committee in pursuance of the powers conferred by sub‑section (3.) of section forty‑nine of the Act and by regulation 73 of these Regulations—

(i) by progressive figures from the earliest date from which particulars are available, the total receipts, total expenditure on benefits to soldiers or their dependants, and total expenditure on administration; and

(ii) the balance held, where banked or how invested;

(c) a statement, certified as correct by the Secretary to the Local Committee, showing

(i) the qualifications, trade or profession of the auditor; and

(ii) the full names, occupations, and addresses of the members of the Committee; and

(d) such other information in relation to the funds of the Committee as the Commission or the Deputy Commissioner requires.”.

16. Regulation 75 is repealed and the following regulation inserted in its stead:—

Investigation of funds of Local Committees.

“75.—(1.) For the purposes of ascertaining whether the funds of a Local Committee are being disbursed in accordance with the Act, the Deputy Commissioner may, by notice in writing require the person who is acting, or who has acted, as Secretary to the Local Committee, or any member of the Local Committee, to furnish within one month from the date of the notice, particulars relating to the funds of the Committee.

“(2.) The Deputy Commissioner shall cause such other investigations to be made concerning the funds of the Committee as he considers necessary and shall forward to the Commission a report as to the manner in which the funds of the Committee are being disbursed.”.

Definitions in Part VI. of the Regulations.

17. Regulation 100 is amended by adding at the end of paragraph (ii) of the definition “eligible child” the words “or unless the child is entitled, or would, but for having reached the age of sixteen years, have been entitled, to receive pension under section thirty‑nine a of the Act”.

Grant of medical treatment.

18. Regulation 109 is repealed and the following regulation inserted in its stead:—

“109. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a soldier—

(a) whose disability is due to or aggravated by war service; or

(b) who is suffering from pulmonary tuberculosis”.

Compliance with forms.

19. After regulation 195 the following regulation is inserted:—

“195a. Strict compliance with the forms in the Schedule to these Regulations shall not be required, and substantial compliance therewith shall suffice for the purposes of these Regulations.”.

Amendment of Schedule.

20. The Schedule is amended—

(a) by inserting, after Form P, the following form:—

“

Form S.P.3. C............

Consec. No.

Commonwealth of Australia.

repatriation commission,....................branch.

Australian Soldiers’ Repatriation Act 1920–1935.

Service Pension (Section 45aq; Reg. 40a.)

STATEMENT AND DECLARATION AS TO INCOME AND ACCUMULATED PROPERTY.

Directions—The pensioner must answer fully and correctly the questions contained in this form, and make the declaration before one of the persons mentioned at the foot of the form.

Where the pensioner is married, information is required concerning both husband and wife and children.

The form will be handed to the pensioner by the Postmaster, and when completed should be returned immediately to the Postmaster.

A pensioner who wilfully makes a false statement in reply to any question contained in this form is liable to be prosecuted in a Court of Law, which may impose a penalty not exceeding Fifty pounds, or imprisonment for six months. In addition his pension may be cancelled.

Important.—All questions must be answered in words. Strokes will not be accepted. Should this Form not be returned within four weeks, payment of pension will be stopped.

The following particulars are required regarding any of your sons and daughters who are living with you: —

The following particulars are required regarding any of your sons and daughters who are not living with you:—

Declaration.

I,*......................................................................

of †......................................................................

do hereby declare that I am the applicant for Service Pension/service pensioner particulars of whose income and property are set out in the foregoing statement, and that the contents of such statement are true and correct in every particular.

Before met †...................................

..........................

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* Full name of pensioner or claimant.

† Address.

‡ Person before whom statement is made to add title, such as “Postmaster.”

Note.—The Declaration may be made before any of the following persons:—A Postmaster or Postmistress, or person in charge of a Post Office, a Police. Stipendiary, or Special Magistrate of the Commonwealth or of a State, a Justice of the Peace, a Barrister or Solicitor, a State School Head Teacher, an Officer of the Department of Trade and Customs, a member of the Police Force of the Commonwealth or of a State, a legally qualified Medical Practitioner, a Notary Public, a Commissioner for Affidavits, a Commissioner for Declarations, a Registrar under the Invalid and Old‑age Pensions Act 1908–1985, a Minister of Religion, an Officer of the Repatriation Commission, a Member of the Parliament of the Commonwealth or a Commissioned Officer of the Australian Military Forces.

Note.—Penalty for false or misleading statement—£30, or imprisonment for Six months. ”

Regulation 47. Form TK.

Registered No....................

R. No.....................

C. No.....................

Australian Soldiers’ Repatriation Act 1920–1935,

Service Pension (Sec. 45qa).

APPEAL BY MEMBER OF THE FORCES TO ASSESSMENT APPEAL TRIBUNAL.

I,................................................................hereby appeal against the decision of the Repatriation Commission rejecting my application for service pension. I appeal on the ground that I am—

* (a) permanently unemployable, or

* (b) suffering from pulmonary tuberculosis

Strike out words not applicable.

and I declare that the understated particulars are correct.

I agree to submit to such medical examinations as are, in the opinion of the Assessment Appeal Tribunal, deemed necessary in order to determine this appeal.

Signature of Appellant.........................

Postal Address.........................

Date.........................

By inserting after Form TJ, the following forms:—

To the

Deputy Commissioner for Repatriation,

...................................

* Insert capital city of State in which appellant resides.

If acknowledgment of receipt of this form is not received within one week, appellant should communicate with the Deputy Commissioner.”

“Regulation 50.  Form TL.

Australian Soldiers’ Repatriation Act 1920–1935.

Service Pension (Sec. 45qa).

H.‑Q. File No........................

Assessment Appeal No....................

DECISION ON APPEAL TO WAR PENSIONS ASSESSMENT APPEAL TRIBUNAL.

Name of Appellant—

Surname.....................................................

(In block letters.)

Christian Names...............................................

Regimental Particulars—‑

Regtl. No......................... Rank.............................Unit

Signature of Chairman..............................................

Date...........................................................

Place..................…………………………”

To the Chairman,

Repatriation Commission,

......................