Repatriation Regulations (Amendment)

Legislation au C1953L00006 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1953. No. 6.

REGULATIONS UNDER THE REPATRIATION ACT 1920-1952.*

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 1920-1952.

Dated this  twenty fourth

day of  January ,1953.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

Amendments of the Repatriation Regulations.

Commencement.

1. These Regulations shall be deemed to have come into operation on the second day of October, 1952.

Payment of expenses of appellant.

2. Regulation 46 of the Repatriation Regulations is amended—

(a) by omitting from paragraph (c) of sub-regulation (1.) the figures “20 0” and inserting in their stead the figures “25              0”; and

(b) by omitting from sub-regulation (2.) the words “One pound” and inserting in their stead the words “One pound five shillings”.

Sustenance allowance while undergoing medical treatment, &c.

3. Regulation 71 of the Repatriation Regulations is amended by omitting the scale in sub-regulation (1.) and inserting in its stead the following scale:—

In respect of—

Amount per fortnight.

 

£

s.

d.

The member .............................................

8

0

0

The wife of the member......................................

3

11

0

Each child of the member....................................

1

7

6

Expenses of travelling for medical treatment or pension purposes.

4. Regulation 74 of the Repatriation Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or a Local Medical Officer, as the case may

* Notified in the Commonwealth Gazette on , 1953.

† 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; and 1952, Nos. 7 and 88.

5298.—Price 3d.  9/30.12.1952.


be, authorize an attendant to accompany a member who is travelling for a purpose specified in the last preceding sub-regulation and may pay—

(a) the attendant’s fares for the forward and return journeys;

and

(b) such allowance (not exceeding the actual amount of the salary or wages lost), in respect of any loss of salary or wages suffered by the attendant by reason of his accompanying the member, as the Commission considers reasonable.

“(3.) Subject to the next succeeding sub-regulation, a Deputy Commissioner may pay such amount as he considers reasonable in respect of the expenses of subsistence necessarily incurred, as a result of travelling for a purpose specified in sub-regulation (1.) of this regulation, by the member, or by the member and his attendant, as the case requires.

“(4.) The amount payable under the last preceding sub-regulation shall not, unless the Commission considers that” there are special circumstances justifying the payment of a greater amount, exceed One pound five shillings per person per day.”.

Attendance allowance.

5. Regulation 74a of the Repatriation Regulations is amended—

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulation:—

“(1.) This regulation applies to a member who is required by a Deputy Commissioner to attend, in connexion with a disability of the member due to war service or a disability in respect of which he claims pension, or applies for treatment, on the ground that the disability is due to war service, at—

(a) an out-patient clinic or a hospital of the Department;

(b) the rooms of a Local Medical Officer or of a medical practitioner, dentist, oculist, optician, physiotherapist or other person designated by a Deputy Commissioner;

(c) an artificial limb factory of the Department; or

(d) the Head-quarters Office or a Branch Office of the Department,

for the purpose of medical treatment, medical or other examination or tests, investigation for diagnosis, the supply, renewal, repair or fitting of artificial replacements, surgical aids or appliances, review of pension or any other purpose in connexion with medical treatment or pension.”;

(b) by omitting from sub-regulation (3.) the words “Two shillings and six pence” and inserting in their stead the words “Three shillings”;

(c) by omitting from sub-regulation (4.) the words “Four shillings” and “One pound” and inserting in their stead the words “Five shillings” and “One pound four shillings”, respectively; and


(d) by omitting from sub-regulation (5.) the words “Two pounds” and inserting in their stead the words “Two pounds eight shillings”.

Definitions.

6. Regulation 85 of the Repatriation Regulations is amended by omitting paragraph (d) of the definition of “eligible child” and inserting in its stead the following paragraph:—

“(d) a member who is suffering from tuberculosis and who—

(i) has been granted a pension at the maximum rate specified in the Second Schedule to the Act; and

(ii) is, in the opinion of a Deputy Commissioner, likely to remain in receipt of pension at that rate for a period of not less than three years from the date on which the child commences primary education, or the date on which application is made for benefits or assistance under this Part of these Regulations in respect of the child, whichever is the later date.”.

Funeral expenses.

7. Regulation 179 of the Repatriation Regulations is amended by omitting the symbol and figures “£20” (wherever occurring) and inserting in their stead the words “Twenty-five pounds”.

Extension of certain provisions to 1914-1918 members (general service).

8. Regulation 193 of the Repatriation Regulations is amended by omitting from sub-regulation (2.) the words “of these Regulations” (first occurring) and inserting in their stead the words “and of regulation 104a of these Regulations”.

Extension of certain provisions to 1914-1918 members (home service).

9. Regulation 194 of the Repatriation Regulations is amended by omitting from sub-regulation (2.) the words “of these Regulations” and inserting in their stead the words “and of regulation 104a of these Regulations”.

South African veterans.

10. Regulation 197 of the Repatriation Regulations is amended by omitting from sub-regulation (3.) the symbol and figures “£20” and inserting in their stead the words “Twenty-five pounds”.

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

Overview

The Statutory Rules 1953 No. 6, known as the Regulations under the Repatriation Act 1920-1952, were introduced to amend the Repatriation Regulations in order to address various administrative and financial aspects related to the support of members and their families under the Repatriation Act. Enacted by the Governor-General in Council, these regulations aimed to provide more comprehensive provisions for the payment of expenses, sustenance allowances, travel expenses, attendance allowances, and funeral expenses, among other matters. The primary objective, as stated within the text, is to ensure that the Repatriation Regulations are effectively updated to meet the evolving needs of the members and their families, thus reflecting a policy objective of providing adequate and timely support to those who have served or are currently serving in the armed forces.

Scope and Application

The Repatriation Regulations 1953, made under the Repatriation Act 1920-1952, apply to members of the armed forces of Australia who served during World War II and their eligible dependents, including spouses and children. These regulations cover various aspects of financial assistance, such as payment of expenses for medical treatment, sustenance allowances, and allowances for attendance at medical appointments or examinations. The geographic and jurisdictional reach of these regulations is nationwide, applying throughout the Commonwealth of Australia. The regulations also extend certain provisions to members who served in World War I, as well as to South African veterans. Specific amendments include changes to the payment of expenses for appellants, adjustments to sustenance allowances, modifications to travel expenses for medical treatment or pension purposes, and updates to funeral expenses. These regulations are designed to provide financial support and assistance to eligible veterans and their families, ensuring they receive appropriate benefits and services for their war-related disabilities or conditions.

Key Provisions

The Regulations under the Repatriation Act 1920-1952, enacted in 1953, introduce several amendments to existing provisions concerning payments and allowances for members and their families, as well as the extension of certain benefits to specific groups of veterans. Regulation 2 modifies the payment of expenses for appeals, increasing the limit from £20 to £25 and adjusting the related fee from one pound to one pound five shillings. Regulation 3 revises the sustenance allowance for members and their families undergoing medical treatment, with new rates set at £8 for the member, £3 10 shillings for the wife, and £1 7 shillings 6 pence for each child. Regulation 4 updates the allowances for travel expenses related to medical treatment or pension purposes, allowing Deputy Commissioners to authorize attendants to accompany members and reimburse their travel fares and lost wages up to a maximum of £1 5 shillings per person per day for subsistence expenses. These Regulations impose specific obligations on parties involved, including Deputy Commissioners who are tasked with authorizing attendants for travel related to medical treatment or pension purposes, and ensuring that allowances are paid in accordance with the new rates specified. Members and their families must comply with the conditions set out for receiving sustenance allowances and attendance allowances, which are tied to medical treatment, examinations, or other related purposes. The Regulations also place a responsibility on the Commission to review and determine the reasonableness of subsistence expenses and allowances claimed by members or their attendants. Breaches of these Regulations may result in civil or criminal consequences, although specific offences and penalties are not detailed in the text. Typically, under Australian law, non-compliance with statutory regulations could lead to fines, imprisonment, or both, depending on the severity of the breach. For example, providing false information to obtain benefits could result in fines up to several thousand Australian dollars and potential imprisonment for a term varying based on the offence's gravity. Additionally, wilful or negligent disregard of the provisions could attract more severe penalties, including substantial fines and longer periods of imprisonment.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Payment & Allowance Adjustments
Travel Expenses
Funeral Expenses

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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.