Repatriation (Special Overseas Service) Regulations (Amendment)

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1975 No. 95

REGULATIONS UNDER THE REPATRIATION (SPECIAL OVERSEAS SERVICE) ACT 1962-1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Repatriation (Special Overseas Service) Act 1962-1974.

Dated this twenty-ninth day of May, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

JOHN M. WHEELDON

Minister of State for Repatriation and Compensation.

______

Amendments of the Repatriation (Special Overseas Service) Regulations†

1. Regulation 7 of the Repatriation (Special Overseas Service) Regulations is repealed and the following regulations substituted:—

Action on receipt of claims.

“7. (1) Where a Deputy Commissioner receives a claim he shall note on it the date on which he received it and shall arrange for that claim to be investigated.

“(2) A Deputy Commissioner shall, after the completion of an investigation of a claim referred to in sub-regulation (1), submit that claim, together with any report or information relating to that claim, to a Board or to the Commission.

Recording and notification of decision of Boards.

“7a. Subject to section 47a of the Repatriation Act as applied by the Act, a Board shall, in respect of each claim decided by it—

(a) file the decision with the records of the case; and

(b) furnish a copy of the decision to the claimant or to a person authorized by the claimant.”.

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

2. Regulation 32 of the Repatriation (Special Overseas Service) Regulations is amended by inserting, after paragraph (a) of sub-regulation (1), the following paragraph:—

“(aa) was interned as a prisoner of war;”.

* Notified in the Australian Government Gazette on 30 May 1975.

† Statutory Rules 1963, No. 43, as amended by Statutory Rules 1965, No. 126; 1966, Nos. 141 and 170; 1970, No. 152; 1972, No. 188; 1973, Nos. 153 and 285; and 1974, No. 59.

3. The Repatriation (Special Overseas Service) Regulations are amended by inserting after regulation 32a the following regulation:—

Medical treatment for malignant neoplasia.

“32b. A Deputy Commissioner may, subject to the conditions applicable to the provision of medical treatment under regulation 65a of the Repatriation Regulations, provide medical treatment for malignant neoplasia for members who have served on special service within the meaning of the Act.”.

Expenses of travelling for medical treatment or pension purposes.

4. Regulation 39 of the Repatriation (Special Overseas Service) Regulations is amended by omitting paragraphs (a) and (b) of sub-regulation (4) and substituting the following paragraphs:—

“(a) where the amount is payable in respect of travelling to or returning from a Capital City—

(i) if the person and his attendant so travel—$45.00 per day; or

(ii) in any other case—$22.50 per day: or

“(b) where the amount is payable in respect of travelling to or returning from a place other than a Capital City—

(i) if the person and his attendant so travel—$34.00 per day; or

(ii) in any other case—$17.00 per day.”.

Attendance allowance.

5. Regulation 40 of the Repatriation (Special Overseas Service) Regulations is amended by omitting sub-regulations (2) to (6) inclusive and substituting the following sub-regulation:—

“(2) Where a member to whom this regulation applies is required to attend at a place referred to in sub-regulation (1) for a purpose specified in that sub-regulation, he is entitled to be paid an allowance in respect of that attendance at the same rate and subject to the same conditions as if he were, in respect of that attendance, entitled to be paid an allowance under sub-regulation 46a (2) or (4) of the Repatriation Regulations.”.

Repeal of Regulation 41.

6. Regulation 41 of the Repatriation (Special Overseas Service) Regulations is repealed.

7. Regulation 62 of the Repatriation (Special Overseas Service) Regulations is repealed and the following regulations substituted:—

Decoration allowance.

“62. (1) This regulation applies to a member who—

(a) is receiving a pension under a provision of the Repatriation Act as applied by the Act in respect of incapacity; or

(b) would, but for the provisions of section 43 of the Repatriation Act as so applied or of sub-section 6 (9) of the Act, have been entitled to receive a rate of war pension;

“(2) A member to whom this regulation applies who is, or has been, awarded a decoration for gallantry during a war or warlike operation, or the George Cross or George Medal, shall, subject to and in accordance with this regulation, be paid an allowance, called decoration allowance, in respect of the award of the decoration.

“(3) The rate at which decoration allowance is payable is $2.00 per fortnight.

“(4) Where a member to whom this regulation applies at the date of commencement of this sub-regulation has, prior to that date, been paid any amount by way of gratuity by Australia, a State or an overseas country in respect of the

award of a decoration, being a decoration in respect of which decoration allowance would, but for this sub-regulation, have been payable to the member, decoration allowance is not payable on and after that date until such time as the total of so much of decoration allowance as would, but for this sub-regulation, have been payable to the member is not less than the amount so paid by way of gratuity.

“(5) Where a member to whom this regulation applies is paid any amount by way of gratuity by Australia, a State or an overseas country in respect of the award of a decoration, being a decoration in respect of which decoration allowance would, but for this sub-regulation, have been payable to the member, decoration allowance is not payable on and after the date on which payment of that gratuity is made until such time as the total of so much of decoration allowance as would, but for this sub-regulation, have been payable to the member is not less than the amount so paid by way of gratuity.

“(6) Where a member to whom this regulation applies has been awarded more than one decoration and in respect of each of which would, but for this sub-regulation, be entitled to be paid decoration allowance, he shall, for the purposes of this regulation, be treated as if he had been awarded only one of those decorations.

“(7) Decoration allowance is not payable to a member to whom this regulation applies in respect of any period in respect of which he is entitled to be paid an allowance or annuity, being an allowance or annuity similar to decoration allowance, by an overseas country.

“(8) Decoration allowance is not payable under this regulation to a member to whom this regulation applies where decoration allowance is payable to the member under—

(a) regulation 180 of the Repatriation Regulations;

(b) that regulation as applied by regulation 31 or 32 of the Interim Forces Benefits Regulations; or

“(9) In this regulation—

‘decoration’ means—

(a) the Victoria Cross;

(b) the Distinguished Service Order;

(d) the Distinguished Flying Cross;

(e) the Military Cross;

(f) the Distinguished Conduct Medal;

(g) the Conspicuous Gallantry Medal;

(h) the Distinguished Flying Medal; or

(j) the Military Medal,

but does not include a bar to any of the above-mentioned decorations;

‘war pension’ means a pension other than a service pension.

Victoria Cross allowance.

“62a. (1) A member who is, or has been, awarded the Victoria Cross shall, in addition to any decoration allowance payable to the member under regulation 62 in respect of the award, be paid, subject to and in accordance with this regulation, an allowance, called ‘Victoria Cross allowance’, in respect of the award.

“(2) The rate at which Victoria Cross allowance is payable is $250.00 per year.

“(3) Victoria Cross allowance is not payable to a member in respect of any period in respect of which he is entitled to be paid an allowance or annuity, being an allowance similar to Victoria Cross allowance, by Australia or an overseas country.

“(4) Victoria Cross allowance is not payable in respect of the award to a member of a bar to the Victoria Cross,

“(5) Victoria Cross allowance is not payable to a member under this regulation where Victoria Cross allowance is payable to the member under—

(a) regulation 180aa of the Repatriation Regulations;

(b) that regulation as applied by regulation 31 or 32 of the Interim Forces Benefits Regulations; or

Commencement.

8. (1) The amendments effected by Regulations 2 and 3 shall be deemed to have come into operation on 31 October 1974.

(2) The amendment effected by Regulation 1 shall be deemed to have come into operation on 1 January 1975.

Overview

The Repatriation (Special Overseas Service) Regulations 1975, made under the Repatriation (Special Overseas Service) Act 1962-1974, address the administrative and procedural aspects of handling claims related to special overseas service by members of the Australian Defence Force. Enacted by the Governor-General of Australia on the advice of the Executive Council, these regulations are intended to streamline the process for handling claims, provide specific allowances for certain services, and update the rates of travel and other allowances. The primary objective of these regulations is to ensure that members who have served on special overseas service receive appropriate benefits and that the claims process is efficient and well-documented. The regulations cover areas such as the handling of claims upon receipt, the notification of decisions by Boards, the provision of medical treatment, and the payment of various allowances and gratuities.

Scope and Application

The Repatriation (Special Overseas Service) Regulations govern the provision of benefits, allowances, and treatment to members who have served on special overseas service under the Repatriation (Special Overseas Service) Act 1962-1974. These Regulations apply to individuals who have been members of the Australian Defence Force and have served on special overseas service as defined by the Act. The Regulations cover a range of entitlements, including medical treatment, travel expenses, attendance allowances, and various allowances for decorations. The scope of these Regulations is national, applying across the Commonwealth of Australia. Certain exclusions and thresholds are specified, such as the conditions under which decoration allowance is not payable if a member has already received a gratuity for the same decoration from another source. The Regulations also provide for the amendment and repeal of existing provisions to update the entitlements in line with current requirements and circumstances. Any further application or restriction of these provisions can be made through subordinate instruments as necessary.

Key Provisions

These regulations introduce various changes to the Repatriation (Special Overseas Service) Regulations under the Repatriation (Special Overseas Service) Act 1962-1974. Regulation 7 now requires a Deputy Commissioner to note the date of receipt of a claim and to arrange for an investigation (Regulation 7(1)). Following the investigation, the Deputy Commissioner must submit the claim, along with any related reports or information, to a Board or the Commission (Regulation 7(2)). Furthermore, a Board must record its decision for each claim and provide a copy of this decision to the claimant or an authorised person (Regulation 7a). Regulation 32 is amended to include members interned as prisoners of war under the conditions for medical treatment (Regulation 32(1)(aa)). Additionally, medical treatment for malignant neoplasia can be provided to eligible members under certain conditions (Regulation 32b). Regulation 39 is amended to set new rates for travel expenses, distinguishing between travel to or from a capital city and other places (Regulation 39(4)). Regulation 40 is also amended, ensuring that members are paid an attendance allowance at the same rate as if they were entitled to an allowance under certain other provisions (Regulation 40(2)). Regulation 41 is repealed entirely (Regulation 41). Regulation 62 is amended to provide a decoration allowance of $2.00 per fortnight to eligible members (Regulation 62(3)), with specific conditions on when this allowance is not payable (Regulation 62(4)–(9)). Regulation 62a introduces a Victoria Cross allowance of $250.00 per year for members awarded the Victoria Cross, with conditions on when this allowance is not payable (Regulation 62a(2)–(5)). The changes effected by Regulations 2 and 3 are deemed to have come into operation on 31 October 1974, while the amendment in Regulation 1 is effective from 1 January 1975 (Regulation 8(1) and (2)). Under these regulations, Deputy Commissioners are mandated to promptly acknowledge receipt of claims and to ensure thorough investigations. They must then submit these claims to the appropriate authority for review. Boards are required to document their decisions and ensure that claimants receive copies of these decisions. The regulations also outline specific conditions under which medical treatment and allowances are provided, ensuring that only eligible members receive benefits. Additionally, the regulations specify the rates for travel expenses and attendance allowances, providing clarity and consistency in the benefits provided to eligible members. The amendments ensure that members who have been awarded certain decorations receive appropriate allowances, subject to specific conditions. Failure to comply with the obligations and requirements set out in these regulations may result in legal consequences. For instance, Deputy Commissioners who do not note the date of receipt of a claim or arrange for its investigation may face disciplinary action. Similarly, Boards that fail to record their decisions or furnish copies to claimants could be held accountable. Non-compliance with the specified conditions for medical treatment or allowances could also result in legal challenges or penalties. The precise consequences would depend on the specific nature and severity of the breach, but could include administrative penalties, fines, or legal action to enforce compliance. The regulations do not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, breaches of statutory requirements under the Repatriation (Special Overseas Service) Act 1962-1974 could potentially lead to administrative penalties, fines, or legal action. The specific penalties would depend on the nature and severity of the breach, as well as any applicable provisions in the primary Act or other related legislation. For instance, failure to provide medical treatment or allowances as required could result in fines or other penalties as determined by the relevant authorities. It is important for parties and entities governed by these regulations to adhere strictly to the outlined requirements to avoid any potential legal repercussions.

Area of Law: Repatriation Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Licensing & Registration; Enforcement Powers

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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.

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