Interim Forces Benefits Regulations

STATUTORY RULES.

1947. No. 108.

REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947.*

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 Interim Forces Benefits Act 1947.

Dated this thirty-first day of July, 1947.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

——

INTERIM FORCES BENEFITS REGULATIONS.

Part I.— Preliminary.

Citation.

1. These Regulations may be cited as the Interim Forces Benefits Regulations.

Parts.

2. These Regulations are divided into Parts, as follows :—

Part I.—Preliminary. (Regulations 1-4.)

Part II.—Medical Treatment and Sustenance. (Regulations 5-14.)

Part III.—Furniture, Tools of Trade, and other Assistance. (Regulations 15-19.)

Part IV.—Transportation. (Regulations 20-27.)

Part V.—Miscellaneous. (Regulations 28-30.)

Part VI.—Application of Australian Soldiers’ Repatriation Regulations. (Regulation 31.)

Part VII.—Extension of Application of Regulations to Female Members of the Interim Forces. (Regulation 32.)

Administration.

3. These Regulations shall be administered by the Repatriation Commission appointed under the Australian Soldiers’ Repatriation Act 1920, or under that Act as amended.

* Notified in the Commonwealth Gazette on , 1947.

4090.—Price 8d 22/7.7.1947.

Definitions.

4.—(1.) In these Regulations, unless the contrary intention appears—

“child” means the child of a member who is under the age of sixteen years and who is—

(a) a son or daughter born to the member of a marriage which took, place before or during his service, or within fifteen years after his discharge from the Forces or the termination of the war, whichever first happens;

(b) a step-son, step-daughter or adopted child of the member (not being, in the case of an adopted child, an ex-nuptial child of the member), who became dependent on the member before or during his service, or within seven years after his discharge from the Forces or the termination of the war, whichever first happens; or

(c) the ex-nuptial child of the member who was born before, or within nine months after, his death or discharge from the Forces or the termination of the war, whichever first happens;

“dependant” means the wife, widow or child of a member;

“due to service” means, in relation to the incapacity or death of a member, that the incapacity or death of the member has occurred in such circumstances that there is a liability under the Australian Soldiers’ Repatriation Act to pay war pension, in respect of the incapacity or death, to a claimant, or that there would be a liability but for the claimant being rendered ineligible for war pension solely by a circumstance or condition not permanently precluding eligibility;

“member” means a male person who is or has been a member of the Interim Forces as defined by the Act;

“the Act” means the Interim Forces Benefits Act 1947;

“the Australian Soldiers’ Repatriation Act” means those provisions of the Australian Soldiers’ Repatriation Act 1920-1947 which are extended to and in relation to male members of the Interim Forces and to the dependants of such members by force of section 6 of the Interim Forces Benefits Act 1947, in their application to those members and dependants;

“these Regulations” include those provisions of the Australian Soldiers’ Repatriation Regulations which are extended to and in relation to members and dependants of members by regulation 31 of these Regulations;

“widow” means the widow of a deceased member who was married to him before or during his service, or within fifteen years after his discharge or the termination of the war, whichever first happens, and includes a person who is eligible for a war pension, under section 42 of the Australian Soldiers’ Repatriation Act, in respect of the death of the member;

“wife” means the wife of a member who was married to him before or during his service, or within fifteen years after his discharge or the termination of the war, whichever first

happens, and includes a person who, at the time of enlistment of the member, was dependent upon him and was recognized as his wife, although, on account of a legal impediment, not legally married to him, and has since continued to be so dependent and so recognized.

(2.) Subject to the last preceding sub-regulation, expressions used in these Regulations shall, unless the contrary intention appears, have the same meaning as in the Australian Soldiers’ Repatriation Regulations.

Part II.—Medical Treatment and Sustenance.

Treatment for disabilities.

5. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a member in respect of an incapacity due to service.

Members suffering certain diseases.

6. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a member who is suffering from venereal disease contracted during his service.

Treatment of certain members for disabilities not due to service.

7. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment in the form of active remedial treatment for a member who is in receipt of a pension at the general rate for total incapacity under the First Schedule to the Australian Soldiers’ Repatriation Act or at the special rate of pension under the Second Schedule to that Act in respect of any disease or disabling condition not due to service except an infectious or contagious disease, alcoholism, drug addiction, a chronic or incurable disease requiring treatment in an institution for a prolonged period or any condition in respect of which the member is eligible, under any law of the Commonwealth or of a State or Territory of the Commonwealth, for treatment at his employer’s expense or in respect of which he is entitled to treatment under a scheme of contract medical attention, or in respect of which the member has recovered, or is, in the opinion of the Commission, entitled to recover, from a third party an amount by way of damages or compensation in respect of the cost of such medical treatment :

Provided that, where the member has not recovered, but is, in the opinion of the Commission, entitled to recover such amount from a third party, the Deputy Commissioner may provide medical treatment in respect of the disability to such extent and under such conditions as the Commission determines, including, if the Commission so directs, a condition that the expenditure involved shall be by way of loan by the Commission to the member for a specified period, being a period which is, in the opinion of the Commission, sufficient for the purpose of enabling the member to recover damages or compensation from the third party.

Meaning of medical treatment.

8. For the purposes of this. Part, “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, medicinal, surgical 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.

Non-liability in cases of unauthorized treatment.

9. The Commission shall not be liable for any expenditure incurred without its authority in respect of medical treatment of a member.

Non-liability where treatment not granted.

10. A Deputy Commissioner may refuse to grant medical treatment or further medical treatment under this Part, and the Commission shall not be liable for any expenditure subsequently incurred without its authority in any case where a Departmental Medical Officer or a Local Medical Officer is of opinion that a member has caused a recurrence of, or has aggravated, his disability, or has retarded his recovery, by misconduct, neglect or any wilful act, or is recalcitrant to the prejudice of his fellow patients.

Surgical aids, &c.

11.—(1.) Where a Deputy Commissioner or a Departmental Medical Officer considers that renewals of, or repairs to, artificial replacements, surgical aids and appliances have been rendered necessary by the carelessness or wilful act of the member, the Deputy Commissioner may refuse to arrange for the necessary renewals or repairs, or may direct that the cost of effecting those renewals or repairs, or such portion of the cost as he considers reasonable, shall be borne by the member.

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

Sustenance allowance while undergoing medical treatment, &c.

12.—(1.) Where a member is prevented from following his usual occupation through—

(a) the necessities of treatment for an incapacity due to service;

(b) the necessities of treatment for, or institutional care in consequence of, venereal disease contracted during service; or

(c) awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by an incapacity due to service,

a Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, grant to the member, for the period for which he is so prevented, sustenance allowance in accordance with the following scale, but so that the total income of the member shall not exceed the sum of amounts calculated in accordance with that scale:—

Provided that the Commission may direct that, in any particular case or class of cases, a lesser rate of allowance shall be payable.

(2.) For the purposes of this regulation “total income” includes—

(a) pension payable in respect of the member, his wife and children, as the case may be;

(b) sustenance allowance in respect of the member, his wife and children, as the case may be; and

(c) such other income of the member as the Commission determines to be income for the purpose of assessing the amount of sustenance allowance payable.

Sustenance during investigation.

13.—(1.) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, arrange for investigation to be carried out in connexion with—

(a) a claim by a member that he is suffering incapacity due to service; or

(b) pension in respect of a member.

(2.) Where a Departmental Medical Officer certifies that, by reason of any such investigation, the member is prevented from following his usual occupation, a Deputy Commissioner may grant sustenance allowance at such rates not exceeding the rates specified in regulation 12 of these Regulations, and in accordance with such conditions as the Commission from time to time determines, for such period as the Departmental Medical Officer specifies in his certificate.

Fares for medical treatment and pension purposes.

14.—(1.) Where it is necessary for a member 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 member’s fare to and from the place to which it is necessary for him to travel, and defray the expenses of his subsistence while travelling, reasonably and necessarily incurred, but not in excess of Twelve shillings per day when he travels by land or Four shillings per day when he travels by sea.

(2.) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or Local Medical Officer, as the case may be, authorize an attendant to accompany a member who is travelling to hospital and may provide the attendant’s fares for travel to and from the hospital and may defray the expenses of his subsistence, reasonably and necessarily incurred, but not in excess of Twelve shillings per day, for such period as the Deputy Commissioner considers necessary for his completion of the forward and return journeys.

PART III.—Furniture, Tools of Trade and Other Assistance.

Furniture.

15. A Deputy Commissioner may, subject to these Regulations, grant an order for the supply by way of gift of household furniture to a value not exceeding Seventy-five pounds in each case to a blinded or totally and permanently incapacitated member who becomes so disabled

not later than five years after the date of his discharge and is married, where that assistance is necessary for the establishment in civil life of the member.

(2.) Assistance shall not be granted under this regulation unless application therefor is made before the expiration of twelve months after the date of—

(a) the member’s discharge;

(b) his marriage; or

(c) the decision classifying him as blinded or totally and permanently incapacitated, whichever last happens.

Tools of trade, &c.

16.—(1.) A Deputy Commissioner may, subject to the next succeeding regulation, grant to a member who—

(a) was employed on service outside Australia, or, if he was not employed on such service, has, in the opinion of the Commission or a Deputy Commissioner, suffered material prejudice in consequence of his service;

(b) has a satisfactory record of service;

(c) has not been discharged on account of irregular enlistment; and

(d) is a trainee, or has been approved for training under any scheme of training provided by the Commonwealth for members,

an order for the supply, by way of gift, of such tools of trade, plant and equipment, professional instruments or other articles of personal equipment, exclusive of clothing in any form, to a value not exceeding the sum of Ten pounds, as the Deputy Commissioner deems necessary for the purpose of enabling the member to engage in his calling or in a remunerative occupation.

(2.) In addition to any gift which may be granted under the last preceding sub-regulation, the Deputy Commissioner may grant to the member an order for the supply, under a hire purchase agreement in accordance with Form D, of such tools of trade, plant and equipment, professional instruments or other articles of personal equipment, exclusive of clothing in any form, to a value not exceeding the sum of Forty pounds, as the Deputy Commissioner deems necessary for the purpose of enabling the member to engage in his calling or in a remunerative occupation.

When tools of trade to become property of member.

17.—(1.) Furniture, tools of trade, plant and equipment, professional instruments or other articles supplied by way of gift in pursuance of regulation 15 or regulation 16 of these Regulations shall not become the property of the grantee until the expiration of twelve months after the date on which they came into his possession.

(2.) Until the expiration of that period, the furniture, tools of trade, plant and equipment, professional instruments or other articles, although in the possession of the grantee, shall remain the property of the Commission.

(3.) The Commission may, at any time during that period of twelve months, if not satisfied that the furniture, tools of trade, plant and equipment, professional instruments or other articles are being put to proper use, require their return.

Orders for tools not to be transferred.

18.—(1.) A member to whom an order is granted under regulation 15 or regulation 16 of these Regulations shall not transfer the order to any other person.

(2.) A trader or person to whom any such order is presented shall not supply to the person presenting the order any money or goods in lieu of the goods specified in the order.

Education and training of children.

19.—(1.) The provisions of Part VII. of the Australian Soldiers’ Repatriation Regulations shall extend to and in relation to eligible children of members.

(2.) For the purposes of this regulation, “eligible child” means the child, whether under the age of sixteen years or not, but otherwise the child as defined in regulation 4 of these Regulations, of—

(a) a deceased member;

(b) a totally and permanently incapacitated member;

(c) a blinded member; or

(d) a member who is suffering from tuberculosis and is, and has been for a period of three years or more, continuously in receipt of a pension at a rate not less than the maximum rate of pension specified at any time during that period in the Second Schedule to the Australian Soldiers’ Repatriation Act.

Part IV.—Transportation.

Definition.

20. In this Part, “Australia” includes the Territories of the Commonwealth.

Wives, widows and children— passage to Australia.

21. A Deputy Commissioner may, without regard to the financial means of any person concerned, authorize the transportation to Australia, at the expense of the Commonwealth, of the. wife or child of a member, or the widow or child of a deceased member, who married outside Australia during the period of his service.

Expense borne by Commonwealth.

22. Except as prescribed by the next succeeding sub-regulation, the expense to be borne by the Commonwealth, in respect of each person whose transportation to Australia is authorized pursuant to regulation 21 of these Regulations shall be such of the following expenses as the Commission determines in respect of any particular case or class of cases—

(a) the cost of that person’s transportation by the most economical means of conveyance deemed suitable by the Deputy Commissioner, from the person’s place of residence abroad to the port of the person’s embarkation abroad for Australia and from the port of the person’s disembarkation in Australia to the place of the person’s intended residence in Australia;

(b) the cost of that person’s passage, third-class, by ship from such port of embarkation abroad to the port of disembarkation in Australia, unless that class of accommodation is not available, or, with respect to any ship or the whole or any portion of the voyage, the Deputy Commissioner considers that class of accommodation unsuitable, then by the class or type of accommodation or transportation which the Deputy Commissioner approves;

(c) the cost of the transportation of that person’s baggage from the person’s place of residence abroad to the place of the person’s intended residence in Australia;

(d) the cost of any necessary medical treatment or hospital accommodation of that person during the period of the journey or any portion of that cost which the Deputy Commissioner considers reasonable in the circumstances of the particular case;

(e) the reasonable cost of that person’s board and lodging during the period of any break or delay in the journey which the Deputy Commissioner is satisfied was unavoidable or warranted in the circumstances of the particular case; and

(f) any other expenditure during the journey, necessarily incidental to that person’s transportation, the inclusion of which the Deputy Commissioner considers warranted in the circumstances of the particular case.

Refund of expenses.

23. If any person who would have been eligible under this Part for transportation to Australia at the expense of the Commonwealth has made the journey at that person’s or another person’s expense, the Commission may, at any time, refund to the person who bore that expense an amount not greater than the sum which would, in the circumstances of the particular case, have been borne by the Commonwealth, if the transportation had been authorized under the preceding provisions of this Part.

Transportation once only.

24. A person shall not be eligible for transportation under any one of the preceding provisions of this Part more than once.

Loss or damage to baggage.

25. Neither the Commonwealth, nor the Commission, nor any officer of the Department shall be liable in respect of any loss or damage caused during loading or unloading, or during transit, to any baggage belonging to a person who has been granted a free passage or transportation by the Department.

Payment of trainee’s fare to places of employment.

26. In the case of a member who is a trainee, or who has been approved for training, under any scheme of training provided by the Commonwealth for members, and who is being sent to an employer for employment for the purpose of training, continuation of training, or completion of training, within the provisions of that scheme, a Deputy

Commissioner may, subject to such conditions as the Commission from time to time determines, pay the fare of the member to the place of employment.

Removal expenses of trainees.

27.—(1.) In the case of a member with a family who is a trainee, or who has been approved for training, under any scheme of training provided by the Commonwealth for members, who has been sent or is being sent to an employer for employment for the purpose of training, continuation of training, or completion of training, within the provisions of that scheme, and who desires to establish his home in the locality where he is employed or is to be employed for that purpose, a Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, pay such fares and freights and other reasonable charges, directly related to removal to the locality of his employment, as are necessarily incurred in so removing the trainee and his family.

(2.) The amount payable to meet freight charges shall be such sum, not exceeding Fifteen pounds on household belongings, as the Deputy Commissioner considers reasonable.

Part V.—Miscellaneous.

Funeral expenses.

28. A Deputy Commissioner may grant a sum, not exceeding Fifteen pounds, towards the funeral expenses of a member—

(a) whose death is due to service;

(b) who dies in indigent circumstances; or

(c) who dies—

(i) in an institution; or

(ii) while proceeding to or from an institution,

to which he had been authorized to proceed for any purpose under regulation 5, 6, 7 or 13 of these Regulations,

and, in addition, may grant a sum, not exceeding Fifteen pounds, towards the cost of transportation of the remains of the member to whom paragraph (a) or (c) of this regulation applies to the place where the member usually resided or such other place as the Deputy Commissioner approves.

Delegation of powers by Commission.

29.—(1.) The Commission may, by writing under its seal, delegate any of its powers and functions under these Regulations (except this power of delegation but including any power or authority of the Commission under regulation 30 of these Regulations) in relation to any matters or class of matters, or to any State or Territory, so that the delegated powers and functions may be exercised and performed by the delegate as fully and effectually as by the Commission, with respect to the matters or class of matters specified, or the State or Territory defined, in the instrument of delegation.

(2.) Every delegation pursuant to the last preceding sub-regulation shall be revocable at will by the Commission, by writing under its seal, and no delegation shall prevent the exercise of any power or the performance of any function by the Commission.

(3.) Where the exercise of any power or the performance of any function by the Commission under, or the operation of any provision of, these Regulations is dependent upon the opinion or belief of the Commission in relation to any matter, that power or function may be exercised or performed by the person to whom that power or function has been delegated by the Commission in pursuance of this regulation or that provision may operate (as the case may be) upon the opinion or belief of that person in relation to that matter.

Exercise by Commission of powers of Deputy Commissioner or Education Board.

30.—(1.) Any power or authority vested by these Regulations in a Deputy Commissioner or an Education Board shall be exercisable by the Commission.

(2.) Where the exercise of any power or authority by a Deputy Commissioner or an Education Board under, or the operation of any provision of, these Regulations is dependent upon the opinion or belief of the Deputy Commissioner or Education Board in relation to any matter, that power or authority may be exercised by the Commission or that provision may operate, as the case may be, 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 any power or authority delegated by the Commission in pursuance of regulation 29 of these Regulations, the person to whom that power or authority has been delegated.

Part VI.—Application of Australian Soldiers’ Repatriation Regulations.

Application of certain provisions of the Australian Soldiers’ Repatriation Regulations.

31. The provisions of regulation 5, Part II., Part III., Divisions 1 5 and 6 of Part IX., and regulations 185, 188, 189, 190, 191, 192, 192a and 192b of the Australian Soldiers’ Repatriation Regulations, as amended for the time being, shall, subject to the modifications, adaptations and exceptions specified in the Schedule, extend to and in relation to members and to the dependants of members.

Part VII.—Extension of Application of Regulations to Female Members of the Interim Forces.

Extension of regulations to female members.

32.—(1.) The provisions of Parts II. to V. of these Regulations and the provisions of the Australian Soldiers’ Repatriation Regulations which are extended by regulation 31 of these Regulations to and in relation to members and to the dependants of members shall, subject to this regulation, extend to and in relation to persons who are or have been female members of the Interim Forces (referrd to in this regulation as “female members”).

(2.) For the purpose of those provisions (other than the provisions of Part II. of the Australian Soldiers’ Repatriation Regulations) in their extended application—

(a) any reference to a member shall be read as a reference to a female member;

(b) any reference to a child shall be read as a reference to a female member’s child—

(i) who is under the age of sixteen years and who is—

(1) a son or daughter born to the female member of a marriage which took place before or during her service, or before her discharge from the Forces or the termination of the war, whichever first happens;

(2) a step-son, step-daughter or adopted child of the female member who became dependent upon the female member or her husband prior to her death or discharge from the Forces or the termination of the war, whichever first happens; or

(3) the ex-nuptial child of the female member who was born before or within nine months after her discharge from the Forces or the termination of the war, whichever first happens; and

(ii) whose father, being the husband of the female member, is wholly dependent upon her, is dead, or is separated or divorced from, or has deserted, her, and the child is wholly or substantially dependent upon her and is without adequate means of support ; or

(iii) whose mother, being the female member, is dead and the child is without adequate means of support.

(3.) Notwithstanding anything contained in paragraph (b) of sub-regulation (2.) of this regulation, for the purpose of the extended application of regulation 19 of these Regulations—

(a) the reference in the definition of “eligible child” in that regulation to a child as defined in regulation 4 of these Regulations shall be read as a reference to a child as defined in this regulation; and

(b) although a child is not actually without adequate means of support, the Commission may determine that special circumstances warrant the child being regarded as an eligible child within the meaning of regulation 19 of these Regulations and, upon that determination, the provisions of that regulation shall apply accordingly.

(4.) Notwithstanding anything contained in the preceding provisions of this regulation, a Deputy Commissioner, in reaching a decision as to any application for assistance or benefits under the provisions of these Regulations as extended by this regulation, shall, subject to the directions of the Commission, consider whether, having regard to the purpose or object of the provision applicable, a grant or approval is warranted to the full extent prescribed or any lesser extent which he considers appropriate, or is not warranted, in the circumstances of that particular case, and may make his decision accordingly.

THE SCHEDULE.

MODIFICATIONS AND ADAPTATIONS OF AND EXCEPTIONS TO THE PROVISIONS OF THE AUSTRALIAN SOLDIERS’ REPATRIATION REGULATIONS EXTENDED TO AND IN RELATION TO MEMBERS AND TO THE DEPENDANTS OF MEMBERS.

(i) Modifications.

(ii) Adaptations.

(a) Any reference to “member” or “widow” shall be read as a reference to that term as defined in regulation 4 of these Regulations.

(b) Any reference to “dependant” in provisions other than those of Part II. shall be read as a reference to a “dependant”, as defined in regulation 4 of these Regulations.

(c) Any reference to “the Act” shall be read as a reference to the Australian Soldiers’ Repatriation Act 1920-1947 in its extension to and in relation to members by force of the Interim Forces Benefits Act 1947.

(d) All provisions in which the words “due to war service” occur shall be read as if the words “due to service” as defined in regulation 4 of these Regulations, were substituted for the first-mentioned words.

(iii) Exceptions.

Omit from regulation 5 the definitions of “active service”, “dependant”, “due to war service”, “enlisted”, “enlistment”, “living wage or minimum wage”, “member” and “widowed step-mother”;

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.