National Security (Civil Defence Volunteers' Compensation) Regulations (Amendment)

STATUTORY RULES.

1946. No. 172.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1946.*

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 National Security Act 1939–1946.

Dated this twenty-ninth day of November, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

N. E. McKENNA

for and on behalf of the Minister of State for Defence.

Amendments of the national security (civil defence workers’ compensation) regulations.

References to Commissioner.

1. The National Security (Civil Defence Workers’ Compensation) Regulations are amended by omitting the word “Commissioner” (wherever occurring) and inserting in its stead the word “Director-General”.

2. Regulation 2 of the National Security (Civil Defence Workers’ Compensation) Regulations is repealed and the following regulations are inserted in its stead:—

Administrator.

“2.—(1.) These Regulations shall be administered by the Minister of State for Social Services.

“(2.). Any reference in these Regulations to the Minister shall, in relation to anything done at a time when these Regulations were being administered by the Minister of State for Home Security, be read as including a reference to that Minister.

Pensions and allowances already granted.

“2a. Any pension or allowance granted, or purporting to have been granted, under these Regulations before the date of commencement of the Regulations by which this regulation was inserted and in force at that date shall, as from that date, be deemed to have been granted under these Regulations as amended by those Regulations.”.

3. Regulation II of the National Security (Civil Defence Workers’ Compensation) Regulations is repealed and the following regulation inserted in its stead:—

Parts.

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

Part I.—Preliminary.

Part II.—Administration.

Part III.—Incorporation of certain provisions of the National Security (Civil Constructional Corps Compensation) Regulations.

Part IV.—Miscellaneous.”.

Definitions.

4. Regulation 4 of the National Security (Civil Defence Workers’ Compensation) Regulations in amended—

(a) by inserting before tire definition of “approved civil defence organization” the following definition:—

“‘adopted son’ and ‘adopted daughter’ include any child maintained by an eligible person as a member of his family at the relevant date;”;

(b) by inserting after the definition of “approved civil defence organization” the following definition:—

“‘approved form’ means a form approved by the Director-General;”;

(c) by inserting in paragraph (b) of the definition of “child”, after the word “daughter”, the words “of the eligible person”;

(d) by omitting from the definition of “claimant” the words “dependent female,”;

(e) by inserting in the definition of “compensation”, after the word “pension”, the words “, an allowance for an attendant”;

(f) by omitting from the definition of “dependent female” the words “of long standing”;

(g) by omitting from paragraph (a) of the definition of “dependant” the word “and”;

(h) by adding at the end of the definition of “dependant” the following word and paragraph:—

“and (c) a dependent female;”;

(i) by inserting in the definition of “member of an eligible person’s family”, after the word “husband”, the word “, child”;

(j) by omitting from the definition of “member of an eligible person’s family” the word “under” and inserting in its stead the word “over”;

(k) by omitting from the definition of “service injury” the word “is” (second occurring) and inserting in its stead the word “was”;

(l) by omitting from the definition of “service injury” all the words after the words “eligible person” and inserting in their stead the following paragraphs:—

“—(a) in the course of the performance of civil defence duties, or of giving instruction or undergoing training, as such a person, and which was directly attributable to those duties or that instruction or training, and was not due to his serious and wilful misconduct; or

(b) without his serious and wilful misconduct, while travelling to or from duty;”;

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

“the Director-General’ means the Director-General of Social Services;”;

(n) by omitting from the definition of “war injury” the word “is” (twice occurring) and inserting in its stead the word “was” and

(o) by adding at the end of the definition of “war injury” the words “, and which was not due to the serious and wilful misconduct of the eligible person”.

Repeat of Regulation 6a.

5. Regulation 6a of the National Security (Civil Defence Workers’ Compensation) Regulations is repealed.

Duties of Director-General.

6. Regulation 8 of the National Security (Civil Defence Workers Compensation) Regulations is amended by omitting sub-paragraphs (ii), (iii) and (iv) of paragraph (a) and inserting in their stead the following sub-paragraphs:—

“(ii) whether the injury was due to the eligible person’s serious and wilful misconduct;

(iii) in the case of the incapacity of the eligible person, the nature and degree of the incapacity, and whether the incapacity is permanent;”

7. Parts III., IV. and V. of the National Security (Civil Defence Workers’ Compensation) Regulations are repealed and the following Part is inserted in their stead:—

“Part III.—Incorporation of Certain Provisions of the National Security (Civil Constructional Corps Compensation) Regulations.

Incorporation of certain provisions of Notional Security (Civil Constructional Corps Compensation) Regulations.

“10. The provisions of Paris III., IV. and V. of the National Security (Civil Constructional Corps Compensation) Regulations, as amended from time to time (in this regulation referred to as “the applied regulations”), and the First, Second and Fourth Schedules to the applied regulations, shall, mutatis mutandis, be deemed to be incorporated in these regulations, subject to the following exceptions and modifications:—

(a) Regulations 11, 14, 17 and 31 of the applied Regulations shall not be deemed to be so incorporated;

(b) Any reference in the applied Regulations to injury allowances shall be deemed to be omitted; and

(c) Regulation 19 of the applied Regulations shall be read as if all the words before the words “a dependant” were omitted and the following words were inserted in their stead:—

“Where an eligible person has suffered a service injury or a war injury involving, as a direct result, same appreciable degree of incapacity, and he subsequently dies from a cause or causes other than that injury,”.

Heading to Part VI.

8. The heading to Part VI. of the National Security (Civil Defence Workers’ Compensation) Regulations is omitted and the following heading inserted in its stead:—

“Part iv. —Miscellaneous.”.

Persons entitled to payments under other laws.

9. Regulation 56 of the National Security (Civil Defence Workers’ Compensation) Regulations is amended—

(a) by inserting after the word “dependant” (twice occurring) the word “, widow”; and

(b) by inserting after the word “Commonwealth” (second occurring) the words “(other than payments by way of superannuation)”.

10. After regulation 57 of the National Security (Civil Defence Workers’ Compensation) Regulations the following regulations are inserted:—

Informality in requirements.

“57a. The Director-General may, in any case in which in his opinion the interests of justice so require, grant compensation in any case in which compensation would be payable in respect of the death or incapacity of a person but for an informality in, or mistake as to the scope or application of, a requirement or order specified in paragraph (b) or (c) of the definition of ‘eligible person’ in regulation 4 of these Regulations made on or applicable to that person, or treated by him as made on or applicable to, him.

Payment in cases may be recovered.

“57b. Where it is found that any compensation of other benefit which was not payable has been paid, the amount so paid may be recovered at any time from the person to whom it was paid or his legal representative as a debt to the Crown.”.

Repeal of schedules.

11. The Schedules to the National Security (Civil Defence Workers’ Compensation) Regulations are repealed.

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