Repatriation Regulations (Amendment)

Legislation au C1961L00139 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1961. No. 139.

 

REGULATIONS UNDER THE REPATRIATION ACT 1920-1961.*

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 1920-1961.

Dated this 13th day of November, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Sgd. F. M. Osborne

Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations.†

Commencement.

1. These Regulations shall be deemed to have come into operation on the day on which the Repatriation Act 1961 received the Royal Assent.

Sustenance allowance while undergoing medical treatment, &c.

2. Regulation 71 of the Repatriation Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Where—

(a) a member has, with the authority of a Deputy Commissioner, been receiving in-patient treatment at a hospital or institution for an incapacity due to war service; and

(b) upon the discharge of the member from the hospital or institution a departmental medical officer certifies, in writing, that the member will not be sufficiently recovered to be able to resume his usual occupation until the expiration of a period of convalescence, being a period specified in the certificate,

the member shall, for the purposes of the last preceding sub-regulation, be deemed to be continuing to receive that in-patient treatment until the expiration of the period so specified or until the member resumes his usual occupation, whichever first occurs.”.

* Notified in the Commonwealth Gazette on 23rd November, 1961.

† 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; 1956, Nos. 32, 73 and 101; 1958, No. 22; 1960, Nos. 56 and 60, and 1961, No. 74.

8097/61.—Price 3d. 9/22.9.1961.


Attendance allowance.

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

(a) by inserting in sub-regulation (1.), after the word “at”, the words “a place (in this regulation referred to as ‘the appointed place’), being”;

(b) by omitting from sub-regulation (3.) the words “attendance at an appointed place by a member to whom this regulation applies” and inserting in their stead the words “attendance at the appointed place by a member to whom this regulation applies, being an employee of another person,”;

(c) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Where—

(a) a member to whom this regulation applies, not being an employee of another person, attends at the appointed place for a period of less than one day; and

(b) the member satisfies a Deputy Commissioner that the member—

(i) would, but for his attendance, have been occupied during the whole or a part of that period in earning his living; and

(ii) has, because of not being so occupied, suffered a loss of earnings,

the Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member an allowance at the rate of Five shillings per hour in respect of the period that the Deputy Commissioner is satisfied was the period during which the member would, but for his attendance, have been occupied in earning his living.”; and

(d) by omitting from sub-regulation (6.) the words “an appointed place” and inserting in their stead the words “the appointed place or the amount of loss of earnings that a Deputy Commissioner is satisfied, for the purposes of sub-regulation (3a.) of this regulation, has been suffered by the member, as the case may be”.

Severely incapacitated members.

4. Regulation 104a of the Repatriation Regulations is amended by omitting from sub-regulations (2.) and (3.) the words “not exceeding” and inserting in their stead the word “of”.

Allowances to certain widows.

5.—(1.) Regulation 176d of the Repatriation Regulations is amended by omitting the words “Six pounds” and inserting in their stead the words “Six pounds five shillings”.

(2.) The amendment made by the last preceding sub-regulation applies in relation to an instalment of an allowance falling due on the first pension pay day after the date of commencement of these Regulations and to all subsequent instalments.

 

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

Overview

The Repatriation Act 1920-1961 was enacted to address the needs of Australian service members and their families who had been affected by their service, providing them with various benefits and assistance. The Repatriation Regulations 1961, made under this Act, were introduced to refine and update the provisions governing the benefits available to service members and their families. Enacted by the Governor-General in Council, these regulations aimed to provide a more comprehensive framework for the administration of benefits, ensuring that service members and their families received the support they needed. The policy objective of these regulations was to offer practical assistance to those who had served their country, reflecting the government's commitment to honouring the sacrifices made by these individuals and their families.

Scope and Application

The Repatriation Regulations 1961, made under the Repatriation Act 1920-1961, apply to members who have served in war and are receiving in-patient treatment for war-related incapacity. The regulations provide for sustenance allowance during convalescence, attendance allowance for members attending medical appointments, and allowances for severely incapacitated members and certain widows. These regulations are applicable across the Commonwealth of Australia, with specific provisions tailored to the needs of war veterans and their dependents. Notably, the regulations introduce amendments to existing sub-regulations to better address the circumstances of members undergoing convalescence, those attending medical appointments, and the specific allowances for severely incapacitated members and widows. The amendments reflect adjustments to financial provisions and clarifications in the application of certain allowances. The Regulations are designed to provide more comprehensive support to those affected by war service, ensuring that benefits are appropriately aligned with the evolving needs of the veteran community.

Key Provisions

The primary sections of the Regulations under the Repatriation Act 1920-1961, particularly sections 2, 3, and 4, introduce significant amendments to the existing Repatriation Regulations. Section 2 amends Regulation 71 to allow a member who has been receiving in-patient treatment for an incapacity due to war service to be considered as still receiving treatment until they are deemed fit to resume their usual occupation, based on a medical certificate. Section 3 modifies Regulation 74a to allow a Deputy Commissioner to grant an attendance allowance to a member who has lost earnings due to attending an appointed place for less than one day, provided the member would otherwise have been earning a living. Section 4 amends Regulation 104a to remove the cap on the allowance for severely incapacitated members, allowing for a more flexible determination of the allowance amount. Finally, Section 5 adjusts the allowance amount for certain widows from Six pounds to Six pounds five shillings, applicable from the first pension pay day after the commencement of these Regulations. These amendments impose several obligations on parties involved. Members must provide a medical certificate if they are deemed to continue receiving in-patient treatment after discharge (Regulation 71(3a)). Members seeking an attendance allowance must satisfy a Deputy Commissioner that they would have been earning a living during the attendance period and suffered a loss of earnings (Regulation 74a(3a)). Severely incapacitated members no longer face a cap on their allowance, allowing for more tailored support (Regulation 104a). Widows receiving an allowance must comply with the updated amount of Six pounds five shillings (Regulation 176d(2)). The Regulations do not explicitly detail offences, penalties, or consequences for non-compliance, but breaches of the Repatriation Act 1920-1961 can lead to civil or criminal penalties under the principal Act. Under the Repatriation Act, penalties can include fines and imprisonment, with the specific penalties varying based on the nature and severity of the breach. It is important for parties to ensure compliance to avoid potential legal repercussions.

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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.