Repatriation Regulations (Amendment)

Legislation au C2004L06034 Regulations Not in force Legislative Instrument

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Statutory Rules

1979 No. 116

REGULATIONS UNDER THE REPATRIATION ACT 19201

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920.

Dated this twenty-eighth day of June 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

A. E. ADERMANN

Minister of State for Veterans’ Affairs.

—————

AMENDMENTS OF THE REPATRIATION REGULATIONS2

Commencement

1. These Regulations shall come into operation on 1 July 1979.

Repeal of regulations 5a and 5b

2. Regulations 5a and 5b of the Repatriation Regulations are repealed.

Payment or reimbursement of medical witnesses’ &c., expenses

3. Regulation 14a of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) “ Appeal Tribunal ” and substituting “ application to the Repatriation Review Tribunal and

(b) by omitting “ Appeal ” from sub-regulation (2).

Heading

4. The heading to Division 3 of Part II of the Repatriation Regulations is omitted and “Division 3—Repatriation Review Tribunal” substituted.

Repeal

5. Regulations 35, 36, 37, 40, 41, 42, 42a, 43, 44, 45 and 46 of the Repatriation Regulations are repealed and the following regulations substituted:

Allowances of members of Tribunal

“45. (1) Subject to any determination made under the Remuneration Tribunals Act 1973, a member of the Tribunal is entitled to be paid such allowances as would be payable to him under regulations 90a, 90b, 93, 97, 97d, 97e, 119 and 120 of the Public Service Regulations as in force from time to time if he were an officer in the Australian Public Service.


“(2) For the purposes of sub-regulation (1), a function that is required to be performed by the Public Service Board or a Chief Officer of a Department in relation to the payment to an officer in the Australian Public Service of an allowance referred to in sub-regulation (1) shall, in relation to the payment of an allowance under that sub-regulation to a member of the Tribunal, be performed by the Minister or a person authorized by the Minister for the purposes of this regulation.

Interpretation

“46. In this regulation and in regulations 46a and 46c, ‘applicant’ means an applicant who attends at a hearing of a proceeding on a review pursuant to his application before the Tribunal.”.

Attendance allowance and payment of expenses of applicant

6. Regulation 46a of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) “ appellant t” (wherever occurring) and “ appeal ” and substituting “ applicant ” and “ application ” respectively;

(b) by omitting from sub-regulation (2) “ appellant ” (wherever occurring) and “ a Tribunal ” and substituting “ applicant ” and “ the Tribunal ” respectively;

(c) by omitting from sub-regulation (3) “ appellant ” (wherever occurring) and “ appellant’s salary or wages ” and substituting “ applicant ” and “ salary or wages of the applicant ” respectively;

(d) by omitting from sub-regulation (4) “ appellant ” (wherever occurring) and “ a Tribunal ” and substituting “ applicant ” and “ the Tribunal ” respectively;

(e) by omitting from sub-regulation (4a) “ appellant ” and substituting “ applicant ”;

(f) by omitting from sub-regulation (5) “ appellant ” (wherever occurring) and substituting “ applicant ”; and

(g) by omitting from sub-regulation (8) “ appeal ” and substituting “ application ”.

Repeal of regulation 46b

7. Regulation 46b of the Repatriation Regulations is repealed.

Subsistence allowance

8. Regulation 46c of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (1) “ an appellant or an attendant in relation to whom the last preceding regulation applies, ” and substituting “ an applicant ” ;

(b) by omitting from sub-regulation (1) “ the appellant or the attendant, as the case may be, ” and substituting “ the applicant ”; and

(c) by omitting “ a Tribunal (wherever occurring) and substituting “ the Tribunal ”.

9. After regulation 46c of the Repatriation Regulations the following regulations are inserted:

Summons

“46d. A summons under paragraph 107vy (2) (a) of the Act—

(a) shall be in accordance with Form T; and

(b) shall be served on a person by—

(i) delivering a copy of the summons to the person personally; and

(ii) showing the original of the summons to the person at the time at which the copy is delivered to him.

Payment of witnesses’ fees and allowances

“46e. A person summoned to appear as a witness at a hearing before the Tribunal is entitled to be paid such fees and allowances for expenses as the presiding member determines in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time. ”.

Repeal of regulation 47

10. Regulation 47 of the Repatriation Regulations is repealed.

Amendment of Schedule

11. The Schedule to the Repatriation Regulations is amended by omitting Forms TA, TB, TE, TF, TG, TH, TJ, TK and TL and substituting the following form:

FORM T Regulation 46d

REPATRIATION REVIEW TRIBUNAL

SUMMONS

In the matter of the application by

for review of a decision by

To: (name and address of witness)

YOU ARE HEREBY SUMMONED to appear before the Repatriation Review Tribunal at (place, time and date of hearing) and on each subsequent day of the hearing of the above-mentioned proceeding until you are excused or released from further attendance to give evidence (* and to produce the following documents:)

Presiding Member

Date

* Delete if inapplicable

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 1979.

2. Statutory Rules 1943 No. 233 as amended to date. For previous amendments see Note 2 to Statutory Rules 1979 No. 53 and see also Statutory Rules 1979 No. 53.

Overview

Statutory Rules 1979 No. 116, made under the Repatriation Act 1920, were enacted to address administrative and procedural gaps within the Repatriation Regulations. The Regulations, which came into effect on 1 July 1979, were created by the Governor-General, acting on the advice of the Federal Executive Council. These amendments were aimed at updating the regulations to reflect changes in the administrative structure and nomenclature associated with the Repatriation Review Tribunal. The policy objective of these Regulations was to ensure that the Repatriation Review Tribunal's processes, including the remuneration of its members, witnesses' fees, and the formalities of summons, were consistent with contemporary public service standards and practices.

Scope and Application

The Repatriation Regulations, made under the Repatriation Act 1920, apply to all matters relating to the administration of the Act, particularly in the context of the Repatriation Review Tribunal. These regulations govern the conduct and proceedings of the Tribunal, including the payment of allowances and expenses to members of the Tribunal and applicants who participate in Tribunal hearings. The regulations also address the payment of medical witnesses' expenses and the issuance of summonses for witnesses to appear before the Tribunal. The scope of these regulations is national, as they are part of Commonwealth legislation, and they supersede previous regulations under the Act. The regulations are designed to streamline and modernise the administrative processes of the Repatriation Review Tribunal, ensuring that allowances, expenses, and procedural matters are handled consistently and in accordance with updated legal standards.

Key Provisions

The Regulations under the Repatriation Act 1920 (the “Act”) introduce several amendments to the Repatriation Regulations, which are set to come into effect on 1 July 1979. These amendments primarily concern the payment or reimbursement of expenses related to medical witnesses and applicants, as well as the allowances for members of the Repatriation Review Tribunal (section 3). The Regulations also make changes to the terminology used in the Repatriation Regulations, replacing terms like “appeal” and “appellant” with “application” and “applicant” respectively (section 6). Additionally, the Regulations introduce new provisions regarding the summons to be issued under the Act (section 9) and the payment of witnesses’ fees and allowances (section 11). The Regulations impose several obligations and requirements on the parties and entities governed by them. For instance, members of the Repatriation Review Tribunal are entitled to allowances as if they were officers in the Australian Public Service, subject to the Remuneration Tribunals Act 1973 (section 45). Furthermore, the Regulations mandate that the payment of allowances to Tribunal members is to be performed by the Minister or a person authorized by the Minister for the purposes of these Regulations (section 45(2)). The Regulations also require that summonses to be issued under the Act must be in accordance with Form T and served on a person by delivering a copy and showing the original (section 46d). In addition, the Regulations specify that a person summoned to appear as a witness at a hearing before the Tribunal is entitled to be paid fees and allowances for expenses as determined by the presiding member (section 46e). The Regulations do not explicitly mention any offences, penalties, or civil/criminal consequences for breaches. However, the failure to comply with the provisions regarding the payment of allowances or the issuance of summonses could potentially lead to legal challenges or disputes, particularly if these provisions are considered integral to the administration of justice under the Act. The precise consequences of non-compliance would likely depend on the specific circumstances and the interpretation of the relevant provisions by the courts or other relevant authorities.

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Administrative Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Payment of witnesses’ fees and allowances

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