Repatriation Regulations (Amendment)

Legislation au C1958L00022 Regulations Not in force Legislative Instrument

Select Document

STATUTORY RULES.

1958. No. 22.

—————

REGULATIONS UNDER THE REPATRIATION ACT 1920-1957.*

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 Repatriation Act 1920-1957.

Dated this twenty-seventh day of March, 1958.

W J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

————

Amendments of the Repatriation Regulations.†

1. Regulation 66 of the Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Treatment for disease, &c., not due to war service.

“66.—(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 the form of active remedial treatment in respect of a disease or disabling condition that is not due to war service for a member who is in receipt of a general rate of pension upon total incapacity under the First Schedule to the Act or a rate of pension under the Second Schedule to the Act.

“(2.) A member who would have been entitled to receive a rate of pension specified in the last preceding sub-regulation if his pension had not been cancelled under section 43 of the Act or the rate of his pension had not been reduced under—

(a) paragraph (c) of the proviso to sub-section (1.) of section 24 of the Act;

(b) paragraph (c) of the proviso to sub-section (1.) of section 101 of the Act; or

shall, for the purpose of this regulation, be deemed to be in receipt of a rate of pension specified in the last preceding sub-regulation.

“(3.) A member is not eligible for medical treatment under sub-regulation (1.) of this regulation at the expense of the Department if the disease or disabling condition is—

(a) an infectious or contagious disease;

(b) a chronic or incurable disease requiring treatment in an institution for a prolonged period;

* Notified in the Commonwealth Gazette on 31st March, 1958.

† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72, 106, 149 and 169; 1948, Nos. 38, 43, 80, 135 and 137; 1950, No. 96; 1951, Nos. 7 and 58; 1952, Nos. 7, 88 and 101; 1953, No. 6; and 1956, Nos. 32, 73 and 101.

506/58.—Price 3d. 9/3.2.1958.

(d) a disease or disabling condition in respect of which the member—

(i) is eligible under a law of the Commonwealth or of a State or Territory of the Commonwealth for medical treatment at the expense of his employer;

(ii) is entitled to medical treatment under a scheme of contract medical attention; or

(iii) has recovered or received, or is entitled to recover or receive, the cost of medical treatment by way of damages or compensation from another person.

“(4.) Where—

(a) medical treatment in respect of a disease or disabling condition that is not due to war service is provided for a member who is not eligible for such medical treatment at the expense of the Department; or

(b) the Commission considers that the circumstances are such that the expense of medical treatment provided for a member under sub-regulation (1.) of this regulation should not be borne by the Department,

the amount of the expense of the medical treatment shall, if the Commission so directs, be deemed to be an amount supplied to the member by way of loan and thereupon that amount is repayable to the Department in a lump sum or in such instalments as the Commission, in its discretion, determines.”.

Rights of Commission under hire purchase agreement.

2. Regulation 144 of the Repatriation Regulations is amended by omitting from sub-regulation (2.) the words “or may be reasonable” and inserting in their stead the words “be or may reasonably be”.

Allowance to re-married widow of a deceased member who is again widowed.

3. Regulation 176 of the Repatriation Regulations is amended by omitting the words “the Part III. of the Social Services Consolidation Act 1947” and inserting in their stead the words “Part III. of the Social Services Act 1947-1957”.

Investment of moneys held by Commission.

4. Regulation 184 of the Repatriation Regulations is amended by omitting paragraphs (e) and (f) and inserting in their stead the following paragraph and words:—

“(e) in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia,

or may be lodged by the Commission at call or on fixed deposit, or partly at call or partly on fixed deposit, with the Commonwealth Bank of Australia.”.

Contributions in kind.

5. Regulation 184d of the Repatriation Regulations is amended by omitting the words “or regulation 184b”.

—————————

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Repatriation Regulations 1958 (C1958L00022) were enacted to provide further clarification and amendment to the provisions under the Repatriation Act 1920-1957. The regulations were introduced to address various issues related to the administration of benefits and services for returned service personnel, including medical treatment for conditions not directly attributable to war service, the rights of the Repatriation Commission under hire purchase agreements, the allowance for a re-married widow who is again widowed, and the investment of funds held by the Commission. The regulations were made by the Governor-General in Council, under the authority of the Repatriation Act, with the aim of ensuring that the administration of repatriation benefits is carried out efficiently and fairly, reflecting the evolving needs of service personnel and their families.

Scope and Application

The Regulations under the Repatriation Act 1920-1957 provide specific guidelines for the provision of medical treatment to members of the Repatriation Commission. These regulations apply to individuals who are receiving a general rate of pension for total incapacity or a rate of pension under the Second Schedule of the Act, provided they meet certain conditions. Notably, members are not eligible for treatment if the disease or disabling condition is infectious, contagious, chronic, incurable, caused by alcoholism or drug addiction, or if they are entitled to treatment under other laws or compensation schemes. Additionally, the regulations outline that if treatment is provided under ineligible circumstances, the cost may be recouped by the Department as a loan repayable in instalments. The application of these regulations is within the Commonwealth jurisdiction, impacting the scope of benefits provided to eligible members across Australia. The Repatriation Commission retains the authority to interpret and enforce these provisions, which are subject to amendment through subsequent statutory rules.

Key Provisions

The Regulations under the Repatriation Act 1920-1957 introduce specific provisions for medical treatment and other entitlements for certain members. Regulation 66 outlines the conditions under which a Deputy Commissioner may provide medical treatment for diseases or disabling conditions not due to war service (66(1)). This treatment is available to members who receive a general rate of pension for total incapacity or other specified pensions (66(2)). However, the treatment is not provided for certain conditions, such as infectious diseases, chronic or incurable diseases requiring institutional care, conditions caused by alcoholism or drug addiction, or diseases for which the member is eligible for treatment under other laws or schemes (66(3)). If treatment is provided in cases where it is not eligible, the cost may be deemed a loan and repayable to the Department (66(4)). The Regulations impose certain obligations on the Commission, including determining the eligibility of members for medical treatment and deciding whether the Department should bear the expense of such treatment. Where treatment is provided under ineligible circumstances, the Commission must direct that the cost be repaid as a loan (66(4)). The Regulations also mandate the Commission to adjust agreements and update references to current legislation, such as replacing references to the Social Services Consolidation Act 1947 with the Social Services Act 1947-1957 (Regulations 176 and 184). The Regulations do not explicitly detail offences, penalties, or consequences for non-compliance. However, the provision for the repayment of treatment costs as a loan suggests that failure to repay could result in debt recovery actions by the Department. The penalties for non-payment would be governed by general debt recovery laws rather than specific provisions in these Regulations. Overall, these Regulations aim to clarify and refine the eligibility criteria for medical treatment and other entitlements for members under the Repatriation Act, ensuring that resources are directed appropriately while maintaining the integrity of the pension and treatment schemes.

Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Delegation & Subordinate Legislation; Licensing & Registration; Enforcement Powers

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions