70 The Soldiers’ State Industrial Committee shall—
(a) receive and hear appeals from decisions forwarded by a Soldiers’ Industrial Committee; and
(b) consider opportunities for employment of soldiers or their dependants.
Division 2.—Soldiers’ Industrial Committees.
Soldiers’ Industrial Committees.
(1) The Commission may within any State appoint in respect of any trade or calling a Soldiers’ Industrial Committee which shall consist of a Chairman and an equal number of representatives of the employers and employees respectively in the trade or calling.
(2) The Chairman shall be a person agreed upon by the representatives of the employers and employees respectively or in the absence of such agreement a person selected by the Commission.
Meetings of Soldiers’ Industrial.
(1) Meetings of a Soldiers’ Industrial Committee shall be held regularly.
(2) The place of any member of a Committee shall become vacant if he, without leave of the Committee, absent himself from two consecutive meetings of the Committee, unless he furnish reasons in writing for his absence to the satisfaction of the Committee.
(3) The Chairman of the Committee shall, upon receiving from any two members of the Committee a request to hold a special meeting, and provided the business proposed to be dealt with at the meeting is stated with the request, convene a special meeting of the Committee.
(4) The Chairman, one representative of the employers and one representative of the employees shall form a quorum for the transaction of business.
Powers of Soldiers’ Industrial Committees.
Any such Committee when appointed may decide after trial as to the suitability of a trainee for a particular calling and shall—
(a) consider opportunities for employment of soldiers or their dependants;
(b) determine the number of persons to be entered as trainees in any trade or calling;
(c) advise as to the syllabus of training to be carried out, training facilities to be adopted, and the qualifications of and salaries to be paid to Instructors;
(d) when the trainee is being trained in a training institution, determine, subject to the approval of the Director of Vocational Training appointed under the Act, when the trainees shall leave the institution;
(e) assess the efficiency of the trainee at the commencement of his training and thereafter at the end of every three months, or such shorter periods as the Committee thinks fit; and
(f) deal with disputes between persons entered for training in private workshops and the employer and in particular disputes as to the ruling rate of wage.
Appeals to Soldiers’ State Industrial Committee.
Any trainee or employer aggrieved by the decision of a Soldiers’ Industrial Committee shall have the right of appeal to the Soldiers’ State Industrial Committee, whose decision shall be final.
Part VI.—Employment and Sustenance.
Sustenance whilst awaiting employment, &c.
(1) An application by a soldier to obtain employment may be lodged with the Department at any time after discharge.
(2) Applications for sustenance whilst awaiting employment shall be made within six months after the date of the discharge of the soldier.
Application made after prescribed time.
(1) In the case of an applicant who has failed to apply for sustenance within six months after the date of his discharge a Deputy Commissioner or the Executive of a Country Local Committee shall have power to grant sustenance, but such allowance shall not be continued for a period exceeding one week from the date of submission of the application unless the cease has been reconsidered by the Deputy Commissioner and there are special circumstances connected therewith which, in his opinion, justify an extension of the period of payment of sustenance by him.
(2) The period for which sustenance may be paid under this regulation shall be in the discretion of the Deputy Commissioner, but shall in no case exceed six months.
Rates of sustenance while awaiting employment or while convalescent.
(1) A Deputy Commissioner or the Executive of a Country Local Committee, upon receipt of an application for employment from a soldier, may provide the soldier with an opportunity of earning at least a living wage, and may, subject to regulations 79 and 80, grant to the soldier, until such time as he receives employment which enables him to earn a living wage, such sustenance as will ensure—
(a) to a soldier without dependants a weekly income, inclusive of pension, of 42s.;
(b) to a soldier with a wife a weekly income, inclusive of their combined pensions, of 57s.;
(c) to a soldier with a wife and one child a weekly income, inclusive of their combined pensions, of 60s. 6d.;
(d) to a soldier with a wife and two children a weekly income, inclusive of their combined pensions, of 64s.;
(e) to a soldier with a wife and three children a weekly income, inclusive of their combined pensions, of 67s. 6d.;
(f) to a soldier with a wife and four children or more a weekly income, inclusive of their combined pensions, of 69s.
(2) Where a soldier registers for employment under the last preceding sub-regulation and the Departmental Medical Officer certifies that the soldier is unable through disabilities due to War Service to accept employment or undergo Vocational Training until the expiration of a period exceeding seven days from the date of the certificate, or has been compelled through those disabilities to leave his employment, and has been ordered by the Departmental Medical Officer to undergo medical treatment, a Deputy Commissioner may grant sustenance at the rate provided under the last preceding sub-regulation for such period as the Departmental Medical Officer specifies in his certificate:
Provided that the period specified in the Departmental Medical Officer’s certificate shall not exceed three months.
(3) A widower with a child shall be entitled to the same sustenance allowance under this regulation as if his wife were living.
(4) An unmarried soldier with an ex-nuptial child shall be entitled to the same sustenance allowance under this regulation as a widower with a child, but in respect of the child, not exceeding the amount contributed by him to its support.
(5) Friendly society benefits or other means except pensions shall not be taken into consideration in determining the rate of sustenance under this regulation.
(6) Where a soldier who enlisted irregularly is discharged on account of such irregular enlistment, no sustenance shall be paid to him under this regulation.
(7) Where temporary employment is found by the Department for an applicant for the purpose of enabling him to earn portion of a living wage, the Deputy Commissioner or the Executive of a Country Local Committee may decrease the amount of sustenance provided for under this regulation by the amount earned by the applicant in the temporary employment.
Issue of orders.
Where by reason of special circumstances a Deputy Commissioner or the Executive of a Country Local Committee considers it advisable a portion of the sustenance allowance payable to a soldier under regulation 77 may be granted in the form of orders for necessaries to the wife or children of the soldier.
Payment of sustenance to soldiers who have lost or refused employment.
(1) No soldier who, since the date of his discharge, has been in employment for a period of six months in the aggregate shall be eligible for sustenance:
Provided that a soldier who has been in employment for a period of six months in the aggregate, and has lost that employment through disabilities due to War Service, shall be eligible for further sustenance under sub-regulation (2) of regulation 77.
(2) Subject to sub-regulations (1) and (4) of this regulation a Deputy Commissioner may grant sustenance to any soldier who furnishes proof to the satisfaction of a Deputy Commissioner or the Executive of a Country Local Committee that he has lost his employment through circumstances beyond his control.
(3) Subject to sub-regulations (1) and (4) of this regulation the Executive of a Country Local Committee may grant sustenance to any soldier who furnishes proof to its satisfaction that he has lost his employment through circumstances beyond his control, but sustenance shall not be paid under this sub-regulation for more than four weeks without the approval of the Deputy Commissioner.
(4) A soldier who has accepted and lost employment shall not be eligible for sustenance if he has already received sustenance for a period of six months or for periods amounting to six months in the aggregate:
Provided that no account shall be taken of any period for which sustenance has been paid under sub-regulation (2) of regulation 77.
(5) A soldier who has failed to avail himself of suitable employment when offered shall not be eligible for further sustenance.
Application to Executive of Local Committee.
Where an application has been submitted to the Executive of a Country Local Committee for sustenance under regulation 77, the Executive may grant sustenance for a period not exceeding four weeks, but if at the expiration of the four weeks the applicant is still unemployed, the sustenance allowance may be continued by the Executive subject to the approval of the deputy Commissioner.
Failure to notify fact of employment.
An applicant who fails to notify the Department that he is in temporary or permanent employment and has received remuneration in respect of that employment and continues to draw sustenance from the Department shall be guilty of an offence.
C.4601.—2
Sustenance to land applicants.
(1) In the case of—
(a) an applicant who has applied for, and is awaiting, a Land Qualification Certificate; or
(b) an applicant who has received a Land Qualification Certificate, and is awaiting allotment of land, or an applicant who, being already eligible, does not require a Qualification Certificate and is awaiting allotment of land; or
(c) an applicant who has been allotted, but is awaiting possession of land,
a Deputy Commissioner may, for a period, not exceeding, in the aggregate three months, in any one case, grant sustenance at the rate provided under regulation 77:
Provided that in no case where an applicant has been refused a Land Qualification Certificate shall he be eligible under this regulation.
(2) In cases where, prior to the commencement of this regulation, applicants have received sustenance under any regulation made under the Australian Soldiers’ Repatriation Act 1917–1918, additional sustenance may be granted as follows:—
(a) If the applicant has received sustenance for a period in excess of two months—additional sustenance may be granted for a period not exceeding one month;
(b) If he has received sustenance for a period not exceeding two months but exceeding one month—additional sustenance may be granted for a period not exceeding two months; and
(c) If he has received sustenance for a period not exceeding one month—additional sustenance may be granted for a period not exceeding three months.
(3) Where an application under this regulation has been submitted to the Executive of a Country Local Committee, the Executive may grant sustenance for a period not exceeding four weeks. The Executive shall forthwith notify the Deputy Commissioner of the grant of sustenance under this sub-regulation, and he may authorize the continued payment of sustenance for the period permitted by this regulation.
(4) No sustenance shall be paid under this regulation until the applicant has lodged an application for employment, and any applicant who, without good and sufficient reason, refuses employment shall be ineligible for further sustenance under this regulation.
(5) In the consideration of any application under this regulation no account shall be taken of any period prior to the commencement of this regulation during which the applicant has had employment.
(6) No sustenance shall be granted under this regulation unless the application therefor is lodged before the expiration of two years after the date of the discharge of the soldier or before the thirtieth day of June One thousand nine hundred and twenty-two, whichever last happens.
Sustenance while awaiting productivity of land.
(1) Where the granting of sustenance to a land settler who is in necessitous circumstances may reasonably be expected to ensure the success of his undertaking, sustenance may be granted to a land settler at any time during the first two years of his occupancy for a period not exceeding, or periods not exceeding in the aggregate, six months, in accordance with the following scale:—
(a) to a soldier who is unmarried such amount as will ensure to him a weekly income (inclusive of pension) of £1;
(b) to a soldier who is married such amount as will ensure to him a weekly income (inclusive of pension or combined pensions) of 30s.;
(c) for each child of a soldier a weekly amount of 2s. 6d.:
Provided that the amount payable under paragraph (c) of this sub-regulation shall not be payable for more than four children of any one soldier.
(2) Where the land settler is operating under a scheme controlled by a State, the sustenance payable under this regulation may be paid by and at the discretion of the State authority controlling the scheme.
(3) Where the land settler is not operating under a scheme controlled by a State, a Deputy Commissioner may grant the sustenance payable under this regulation after obtaining from the Executive of a Country Local Committee a report on the application.
Awaiting business.
84. A Deputy Commissioner or the Executive of a Country Local Committee may pay, for a period not exceeding three weeks, to any approved applicant who is awaiting a business, sustenance at the rate provided under regulation 77.
Vocational training.
85. A Deputy Commissioner, or the Executive of a Country Local Committee may, in the case of an application for a class of training approved by a Vocational Training Committee appointed under these Regulations, grant to—
(a) an applicant entered for training in a technical school; and
(b) an applicant for training in a commercial occupation,
such sustenance as will ensure—
(i) to an applicant without dependants a weekly income, inclusive of pension, of 42s.;
(ii) to an applicant with a wife a weekly income, inclusive of their combined pensions of 60s.;
(iii) to an applicant with a wife and one child a weekly income, inclusive of their combined pensions, of 65s.;
(iv) to an applicant with a wife and two children a weekly income, inclusive of their combined pensions, of 70s.;
(v) to an applicant with a wife and three children a weekly income, inclusive of their combined pensions, of 75s.; and
(vi) to an applicant with a wife and four children or more a weekly income, inclusive of their combined pensions, of 80s.,
and may, in addition, upon being satisfied as to the necessity therefor, grant to any such applicant an allowance for travelling expenses at a rate not exceeding 3s. per week or such higher rate as is in special circumstances approved by the Commission:
Provided that a Deputy Commissioner or the Executive of a Country Local Committee may, pending the approval of a Vocational Training Committee of the class of training, pay sustenance to an applicant under this regulation for a period not exceeding two weeks, upon the certificate of the Departmental Medical Officer or the Local Medical Officer, as the case may be, that the applicant is a fit subject for vocational training:
Provided further that a soldier undergoing training in pursuance of sub-regulation (5) of regulation 92 shall not be entitled to sustenance under this regulation.
Indentured apprentice.
A Deputy Commissioner or the Executive of a Country Local Committee may, in the case of an indentured apprentice, whose training in a particular industry has been interrupted by war service, grant sustenance during the time he is completing his apprenticeship at a rate which will bring his income (inclusive of his personal pension) up to the wage he would have been earning in such industry had his apprenticeship not been interrupted.
Industrial trainee.
87. (1) A Deputy Commissioner may grant such sustenance to an industrial trainee as will ensure that the trainee receives at least the minimum wage fixed by a Federal or State Industrial Tribunal for the particular industry, or where such wage has not been so fixed, such wage as is recognised in that industry as the rate operating in the district in which the trainee is undergoing training. The sustenance shall not be paid for a longer period than twelve months, unless the Deputy Commissioner is satisfied that the trainee is making reasonable progress.
(2) Any dispute arising as to what is the ruling wage in any particular industry shall be determined by a Soldiers’ Industrial Committee appointed under these Regulations.
(3) No deduction shall be made from any sustenance payable under this regulation on account of any personal pension received by the industrial trainee.
Sustenance awaiting limbs or appliances.
A Deputy Commissioner or the Executive of a Country Local Committee may grant sustenance at the rate provided under regulation 77, for such period as is certified to by the Departmental Medical Officer or Local Medical Officer, to an applicant who is awaiting the supply to him of, or repairs to, artificial limbs or other surgical appliances:
Provided that sustenance shall only be paid to an applicant during the period in which his occupation is interrupted on account of his awaiting the supply of, or repairs to, artificial limbs or other surgical appliances.
Widow without children undergoing training.
A Deputy Commissioner may grant sustenance to a widow without children, whilst she is undergoing vocational or professional training, at such rate as will ensure to her an income (inclusive of pension) of 35s. per week and may in addition upon being satisfied as to the necessity therefor grant to any such widow an allowance not exceeding 3s. per week for travelling expenses.
Part VIa.—Living Allowance.
Unmarried soldier with mother.
89a. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to a temporarily totally incapacitated unmarried soldier with a mother who—
(a) has a husband so incapacitated as to be unable to contribute materially to her support;
(b) was married to such husband prior to the enlistment of the soldier; and
(c) is dependent on the soldier,
such allowance, whilst they are resident within the Commonwealth, as will ensure to the soldier an income not exceeding 62s. per week, inclusive of their combined pensions:
Provided that this regulation shall not apply to any soldier unless the incapacitation of the father occurs prior to or within three years after the discharge of the soldier.
Unmarried soldier with incapacitated father.
89b. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to a temporarily totally incapacitated unmarried soldier with a father who—
(a) is incapacitated;
(b) is a widower; and
(c) is dependent on the soldier,
such allowance, whilst they are resident within the Commonwealth, as will ensure to the soldier an income not exceeding 57s. per week, inclusive of their combined pensions:
Provided that this regulation shall not apply to any soldier unless the incapacitation of the father occurs prior to or within three years after the discharge of the soldier.
Widowed mother of soldier.
89c. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the widowed mother of a deceased unmarried soldier who was, prior to his enlistment, dependent upon him or would have been dependent upon him but for his enlistment prior to his reaching a reasonable earning capacity, and who is resident in the Commonwealth, such allowance as will ensure to her an income not exceeding 42s. per week, inclusive of pension:
Provided that this regulation shall not apply to any widowed mother unless her husband’s death occurred prior to or within three years after the decease of the son:
Provided further that, where on the date of the commencement of the Invalid and Old-age Pensions Act 1923, any person granted an allowance under this regulation was in receipt of an old-age or invalid pension under the Invalid and Old-age Pensions Act 1908–1920 any allowance granted to her under this regulation shall not be reduced in consequence of the increase in the old-age or invalid pension effected by the Invalid and Old-age Pensions Act 1923.
Mother of deceased soldier with incapacitated husband.
89d. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the mother of a deceased unmarried soldier who—
(a) has a husband so incapacitated as to be unable to contribute materially to her support;
(b) was married to such husband prior to the enlistment of the deceased soldier; and
(c) was dependent on the deceased soldier prior to enlistment, or would have been dependent on him but for his enlistment prior to his reaching a reasonable earning capacity,
such allowance whilst they are resident within the Commonwealth as will ensure to the parents an income not exceeding 30s. per week each, inclusive of their combined pensions:
Provided that this regulation shall not apply to any mother unless the husband’s incapacitation occurs prior to or within three years after the decease of the soldier:
Provided further that, in the event of the death of the husband, any allowance granted under this regulation shall continue to be paid to the mother but shall not exceed such amount as will ensure to the mother an income not exceeding thirty shillings per week inclusive of pension.
Incapacitated father of soldier.
89e. A. Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the father of a deceased unmarried soldier who—
(a) is incapacitated;
(b) is a widower; and
(c) was dependent on the deceased soldier prior to his enlistment, or would have been dependent on him but for his enlistment prior to his reaching a reasonable earning capacity,
such allowance whilst he is resident in the Commonwealth as will ensure to him an income not exceeding 30s. per week inclusive of pension:
Provided that this regulation shall not apply to any father unless his incapacitation occurs prior to or within three years after the decease of the soldier:
Provided further that, where on the date of the commencement of the Invalid and Old-age Pensions Act 1923, any person granted an allowance under this regulation was in receipt of an old-age or invalid pension under the Invalid and Old-age Pensions Act 1908–1920 any allowance granted to him under this regulation shall not be reduced in consequence of the increase in the old-age or invalid pension effected by the Invalid and Old-age Pensions Act 1923.
Divorced, deserted, &c., mother of deceased soldier.
89f. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant—
(a) to the divorced, deserted or unmarried mother; or
(b) to the widowed, deserted or divorced stepmother,
of a deceased unmarried soldier who was prior to his enlistment dependent upon him, or would have been dependent upon him but for his enlistment, prior to his reaching a reasonable earning capacity, and who is resident within the Commonwealth, such allowance as will ensure to her an income not exceeding 30s. per week, inclusive of pension:
Provided that this regulation shall not apply to any mother unless the divorce, desertion or death of the husband occurs prior to or within three years after the decease of the son:
Provided further that, where on the date of the commencement of the Invalid and Old-age Pensions Act 1923, any person granted an allowance under this regulation was in receipt of an old-age or invalid pension under the Invalid and Old-age Pensions Act 1908–1920 any allowance granted to her under this regulation shall not be reduced in consequence of the increase in the old-age or invalid pension effected by the Invalid and Old-age Pensions Act 1923.
Children of deceased soldier where a widow re-marries.
89g. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the children of a deceased soldier, where the widow of that soldier re-marries whilst resident in the Commonwealth, an allowance of 5s. per week, each, in addition to pension, provided that—
(a) the children are in necessitous circumstances, and are over the age of ten years;
(b) the widow is not in receipt of a widow’s pension; and
(c) the step-father is deceased or incapacitated, or has neglected his parental obligations.
Children of deceased soldier who are motherless, deserted, &c.
89h. A Board may, subject to such conditions as are from time to time laid down by the Commission, and having regard to the circumstances of the case, grant to the children of a deceased soldier—
(a) who are motherless;
(b) who are deserted by their mother;
(c) who are neglected by their mother so as to necessitate their removal from her care; or
(d) whose mother is an inmate of a mental institution,
an allowance of 5s. per week each, in addition to pension, provided that the children—
(i) are in necessitous circumstances; and
(ii) are placed with guardians.
Widow and children of soldier who dies within three years after discharge.
89i. (1) A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, in the case of a soldier who dies from any cause within three years after the date of his discharge grant to the widow and children, whilst resident in the Commonwealth for such period as the Commission determines, an allowance inclusive of their combined pensions, not exceeding 20s. per week to the widow and 3s. 6d. per week for each child:
Provided that she is or they are in necessitous circumstances.
(2) For the purpose of this regulation “widow” includes a person who was prior to the death of a soldier recognised as his wife although not legally married to him.
Sustenance and Living Allowances not to be received at same time.
89j. Notwithstanding anything contained in this or the last preceding Part of these regulations, no person shall receive, at one and the same time, a Sustenance Allowance in pursuance of the last preceding Part, and a Living Allowance in pursuance of this Part.
Married soldier temporarily totally incapacitated.
89k. A Board may, subject to such conditions as are from time to time laid down by the Commission, and having regard to the circumstances of the case, grant to a soldier who—
(a) is married; and
(b) has been certified by the Departmental Medical Officer as having been temporarily totally incapacitated for a longer period than three months,
an allowance, in addition to his pension, not exceeding 20s. per week:
Provided that such allowance shall be payable only from the day following the date of expiration of the period of three months aforementioned:
Provided further that the allowance shall not be payable to a soldier who is maintained in an establishment at the public expense.
Soldier 65 per cent. or more incapacitated.
89l. The Commission may, having regard to the circumstances of the case, grant to a soldier whose incapacity is, for the purpose of assessing his pension, assessed at not less than 65 per centum of total incapacity, and whose incapacity is of such a nature as to preclude him from engaging in regular employment or from earning a living wage, such an allowance as will—
(a) ensure in respect of the soldier an income of 42s. per week inclusive of his pension and earnings; and
(b) if the soldier is married, ensure an income, in respect of his wife, of 18s. inclusive of her pension and earnings, and, in respect of his children, incomes at the rates set out in paragraph (a) of the Third Schedule to the Act, inclusive of their pensions and earnings:
Provided that in no case shall the total amount granted to any soldier in respect of himself and his wife and children exceed 20s. per week:
Provided further that, if the soldier is able but fails or neglects to earn some portion of a living wage, the Commission may, for the purpose of this regulation, assess and take into consideration as income earned, any amount which it considers the soldier should be receiving as earnings from the occupation which his disablement does not debar him from following:
Provided also that, where the wife or children of the soldier are engaged in any occupation, the Commission may take their earnings into consideration in assessing the amount of the allowance to be granted to the soldier in respect of himself, his wife and children.
Definition of married soldier.
89m. For the purposes of the last two preceding regulations a soldier who—
(a) is a widower with children who are being maintained by him under his personal care; or
(b) has divorced his wife, and has children who are being maintained by him under his personal care,
shall be deemed to be married.
Allowance to blinded soldier for attendant.
89n. (1) The Commission may grant to a totally blinded soldier, who is in receipt of a pension under the Second Schedule to the Act, an allowance, not exceeding £1 per week, to provide for the services of an attendant.
(2) In the case of a soldier whose eyesight is, in the opinion of the Commission, so defective that he has no useful sight, and who is in receipt of a pension under the Second Schedule to the Act, the Commission may in its discretion grant to the soldier an allowance, not exceeding £1 per week, to provide for the services of an attendant, if and so long as the Commission is satisfied that the services of an attendant are necessary.
(3) No allowance under this regulation shall be payable to any soldier who is maintained in an establishment at the public expense.
Dependants of soldier dying after seven years after discharge.
89o. (1) The Commission may, having regard to the circumstances of the case, grant to any of the persons included in the definition of “Dependants” in section 22 of the Act, who—
(aa) are the widow or children of a deceased soldier or the widowed mother of a deceased unmarried soldier, such allowance as the Commission thinks fit;
(a) not being the widow or children of a deceased soldier or the widowed mother of a deceased unmarried soldier, were dependent upon the earnings of a deceased soldier during the twelve months immediately prior to his enlistment, such allowance as would cover the extent of such dependence upon the soldier; or
(b) being parents not so dependent, are without adequate means of support, such allowances as will ensure to each parent an income from all sources not exceeding thirty shillings per week:
(i) the rate of the allowance granted to any person under this regulation shall not exceed the rate of pension which would be payable to that person if he were entitled to be paid a pension; and
(ii) in respect of parents without adequate means of support, in no case shall the total amount granted to each parent exceed twenty shillings per week.
(2) This regulation shall not apply unless—
(a) the soldier’s death was due to an occurrence happening during the period he was a member of the Forces; and
(b) the soldier died after the expiration of seven years from the date of his discharge.
(3) The widow and children of a deceased soldier entitled to a war pension under section 40 of the Act shall not be granted an allowance under this regulation.
Part VII.—Vocational and Professional Training.
Vocational Training Committee.
The Commission may appoint in each State Vocational Training Committees consisting of such persons and having such powers and duties as the Commission directs.
Special duties of Committee.
The Committees shall, in addition to any other powers and duties conferred or imposed upon them—
(a) determine any question referred to them under sub-regulation (4) of regulation 92; and
(b) periodically review the facilities for training in workshops and technical schools, and advise as to the nature or class of training conducted therein.
Training of soldiers.
(1) A Deputy Commissioner may, subject to the next succeeding sub-regulation, provide for the vocational training of a soldier who, owing to disabilities due to or aggravated by war service, is unable to follow the occupation in which he was engaged prior to his enlistment, or an occupation offering the same conditions and remuneration, and for the vocational or professional training of the widow of a soldier without children, and may pay such fees as are necessary for the purposes of training:
Provided that in the case of a widow of a soldier the total fees shall not exceed £40.
(2) Notwithstanding anything contained in the last preceding sub-regulation, a Deputy Commissioner may, subject to such conditions as the Commission directs, grant vocational training to a soldier who was at the date of enlistment under the age of twenty years:
Provided that the continuance of the training or the payment of training fees, training expenses and sustenance shall be dependent upon the receipt by the Deputy Commissioner of favorable reports as to the applicant’s progress.
(3) Applicants for training under this regulation shall be trained for such trades or callings as are approved by the Vocational Training Committee.
(4) If the applicant is aggrieved at the decision of the Deputy Commissioner under this regulation, the Deputy Commissioner shall refer the case to the Vocational Training Committee for a recommendation.
(5) Notwithstanding anything contained in sub-regulation (1) of this regulation, a Deputy Commissioner or the Executive of a Country Local Committee may, in the case of a soldier who—
(a) is in, or has registered for and is awaiting employment, or
(b) is undergoing vocational training,
but desires to undergo a course of training in order to increase his efficiency or to qualify for another position, pay such fees and expenses as will enable him to complete the necessary course of training:
Provided that the total amount which may be paid to any one applicant under this sub-regulation shall not exceed £40:
Provided further that no assistance shall be granted under this sub-regulation after the expiration of three years after the date of the discharge of the soldier:
Provided also that expenses shall only include books, instruments and essential apparatus and shall not exceed the sum of £5 in any one case.
(6) Any application for training under sub-regulations (1) and (2) of this regulation shall be made within six months after the date of discharge of the soldier, or in the case of a widow within two years after the date of the notification of the death of her husband:
Provided that where an applicant applies after the expiration of that period, a Deputy Commissioner may approve of the application if he is satisfied that there are special circumstances which justify that approval.
Professional training.
93. (1) Where an applicant who is qualified to enter a university and who was at the date of enlistment under the age of twenty years, satisfies the Deputy Commissioner that he requires assistance to enable him to undertake a university course of professional training and that he is in a financial position to undertake the training with the assistance provided under this regulation, the Deputy Commissioner may grant to him such amount, not exceeding the sum of £150, as he thinks necessary to enable him to complete the training.
(2) Where an applicant who has not received assistance under the last preceding sub-regulation, produces evidence to the satisfaction of the
Deputy Commissioner that he had, prior to enlistment, entered or intended to enter upon a university course or other course of professional training the Deputy Commissioner may grant to the applicant any of the gifts and loans provided under the next succeeding sub-regulation:
Provided that an applicant who had not before enlistment entered upon such a course shall only be granted assistance under this sub-regulation if—
(a) he is not more than thirty years of age at the date of his application; and
(b) he applies for the assistance within six months after his discharge.
(3) Where a Deputy Commissioner is satisfied that gifts or loans should be granted under the last preceding sub-regulation he may—
(a) pay, by way of gift, from time to time the fees payable in connexion with the course;
(b) grant to the applicant, by way of loan, such sum as is necessary to purchase the books, instruments, and other articles required by him in connexion with the course;
(c) pay to the applicant, by way of gift, such allowance as will insure to him a weekly income (inclusive of his personal pension and earnings) of 42s. for an academic year, including the period ordinarily required to enable him to attend the qualifying examination for that year;
(d) pay to the applicant, by way of loan, such allowance as will insure to him a weekly income (inclusive of his personal pension and earnings) of 42s. for each subsequent academic year of his course, including the period ordinarily required to enable him to attend a qualifying examination for that year:
Provided that no allowance shall be paid under this sub-regulation in respect of the period between the termination of one academic year and the commencement of the next, except for such time as the attendance of the applicant at the University or other institution is compulsory.
(4) The applicant shall give personal security in Form A in the Schedule for the repayment of any amount or amounts granted under paragraphs (b) and (d) of the last preceding sub-regulation.
(5) The continuance of the assistance provided under this regulation shall be subject to the receipt from time to time by the Deputy Commissioner from the University or other institution of a report that the applicant is making satisfactory progress with his studies.
Loan whilst serving articles, &c.
An applicant who, at the date of his enlistment—
(a) was serving, or intended to serve, articles for the purpose of qualifying to practice in a profession; and
(b) was qualified to enter a University and had entered—or intended to enter—upon a course of study, at a University or equivalent institution, which he is required to complete or undergo, in order to be entitled to practice in the profession,
may be granted assistance under sub-regulation (2) of the last preceding regulation in order to enable him to complete, or enter upon, his articles and the University course (if any):
Provided that, where prior to enlistment an applicant—
(a) was serving by arrangement under verbal articles; or
(b) had not actually entered upon his articles or professional course of study but intended to do so,
the Commission shall require production of proof to its satisfaction confirming the verbal articles or establishing the applicant’s intention to enter upon those articles or course of study before the assistance applied for under this regulation may be granted:
Provided further that in lieu of the allowances payable under paragraphs (c) and (d) of sub-regulation (3) of the last preceding regulation he may be granted—
(a) by way of gift for the first year of his articles after the date on which he recommences or enters upon his articles, such sustenance as will insure to him an income, inclusive of pensions and earnings, in accordance with scale provided in regulation 85; and
(b) by way of loan for each subsequent year of his articles, or until pensions and earnings, equal the rate appropriate to his case in the scale provided in regulation 85, such sustenance as will insure to him an income, inclusive of pensions and earnings, in accordance with that scale.
Loan for payment of diploma fees, &c.
95. Where an applicant has completed a university course or other course of professional training without obtaining assistance under regulations 93 and 94 a Deputy Commissioner may pay to the applicant by way of loan such sums as are necessary to enable the applicant to pay—
(a) fees in respect of the granting of diplomas or the conferring of degrees in relation to the Course; and
(b) fees to admit or entitle the applicant to practice in his profession.
The applicant shall give personal security in Form A in the Schedule for the repayment of any amount granted under this regulation:
Provided that in a case where an applicant has received assistance under regulations 93 and 94 and can prove to the satisfaction of the Commission that he is without means to pay the fees mentioned in paragraphs (a) and (b) of this regulation the Commission may grant those fees by way of loan.
Training in Local Committee areas.
In any Local Committee area where a training institution approved by the Commission is established, the executive of a Country Local Committee may, on the advice of the Local Medical Officer and the Principal of the training institution, enter applicants for training in the institution for trades or occupations, for which classes formed in that area have been approved by the Deputy Commissioner:
Provided that the Executive shall not enter any applicant for training, unless it is satisfied that there is a reasonable prospect of employment for the applicant within the Local Committee area upon completion of training.
Training of indentured apprentice.
97. In the case of an applicant, who was at the time of his enlistment an indentured apprentice, and whose training has been interrupted by war service, a Deputy Commissioner may make arrangements for providing the applicant with the benefit of any system of technical training which is available and recommended by a Vocational Training Committee.
Payment by employer.
(1) A Deputy Commissioner may make arrangements for finding employment for an applicant who has completed his vocational training, or for an applicant who is qualified for employment without that training.
(2) Pending the assessment of the trainee’s efficiency by a Soldiers’ Industrial Committee appointed under these Regulations, the Deputy-Commissioner shall arrange with the employer that the employer shall pay to the trainee at least 40 per cent. of the minimum wage of the industry in which he is being trained, and at least such higher percentage as is assessed from time to time in accordance with these Regulations.
No penalty on account of industrial dispute.
No trainee shall be placed under any disability or penalized in any way by his employer or by the Department for any part he takes in any industrial dispute, but the trainee shall not be entitled to any assistance or benefits under these Regulations in respect of any time during which he takes part in any strike.
Proportion of trainees to journeymen.
An employer may employ in each section of the trade or calling carried on by him in any establishment one trainee for each six or fraction of six fully paid journeymen employed in that section:
Provided that if the fraction is less than three the employer shall only employ a trainee in respect of that fraction with the unanimous consent of the Soldiers’ Industrial Committee:
Provided further that no employer shall employ a trainee unless the employer has employed a fully paid journeyman continuously for at least six months immediately preceding the date of the employment or proposed employment of the trainee and continues to so employ the journeyman:
Provided also that the six months’ limitation shall not apply to new businesses established within that period.
Notification of number of trainees placed.
The Department shall, upon an applicant being entered for training in any training institution or placed with an employer in a trade or calling, forthwith notify that fact to the Industrial Organization of Employees which is represented on the Soldiers’ Industrial Committee appointed in respect of that trade or calling.
Trainees to work near journeymen.
A trainee in a private workshop shall as far as practicable work near a journeyman in order that he may be given every opportunity of receiving advice and instruction in the trade or calling.
VIIa.—Education and Training of Children.
102a. In this Part, unless the contrary intention appears—
“a Board” means a Soldiers’ Children Education Board established under this Part;
“eligible child” means the child of a deceased Australian soldier or of an Australian soldier who is incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage where the death or incapacity of the Australian soldier—
(a) results or has resulted from any occurrence happening during the period he was actually serving as an Australian soldier;
(b) does not or did not occur from intentionally self-inflicted injuries; and
(c) does not or did not occur from any circumstance happening during the commission of any breach of discipline by the Australian soldier;
“Australian soldier” has the same meaning as in Parts IV. and V. of the Act;
“the scheme” means the scheme prepared by the Commission under this Part.
Soldiers’ Children Education Boards.
102b. (1) For the purpose of making available, for the benefit of eligible children, educational and training facilities, the Commission shall establish, in the capital city of each State, a Board to be called the Soldiers’ Children Education Board.
(2) Subject to the next succeeding sub-regulation a Board shall consist of three representatives to be nominated by the Director, or other chief officer of education of a State and representing respectively the State Primary, the State Secondary, and the State Technical Educational Institutions in the State, one representative nominated by the governing body of the University in the State, one representative nominated by the State branch of Returned Sailors and Soldiers’ Imperial League of Australia, one representative of the Department nominated by the Commission, one representative in respect of each Trust Fund from which the sum of at least £5,000 is contributed for the purposes of the scheme, one representative of the Trust administering the Sir Samuel McCaughey Bequest, two representatives nominated in the manner determined by the Commission of such non-State Secondary Schools in the State as donate at least one full free scholarship for the purposes of the scheme, and one representative nominated in the manner determined by the Commission of Headmistresses of such Girls’ Secondary Schools in the State as donate at least one full free scholarship for the purposes of the scheme.
(3) Notwithstanding anything contained in the last preceding sub-regulation the Soldiers’ Children Scholarship Trust in the State of Western Australia and such other persons as are nominated in accordance with the last preceding sub-regulation as the representatives of such of the bodies and persons mentioned in the last preceding sub-regulation as are not represented in the Trust shall be deemed to be the Board in the State of Western Australia.
(4) At their first meeting in each calendar year the members of a Board shall elect one of their number to be the Chairman of the Board and another member to be the Deputy Chairman of the Board.
(5) In the absence of the Chairman from any meeting of the Board, the Deputy Chairman shall preside, and in the absence of both the Chairman and the Deputy Chairman, the members present at the meeting shall elect one of their number to preside at the meeting.
(6) The Chairman, and, in his absence, the Deputy Chairman, and in the absence of both the member elected to preside at the meeting of a Board, shall have a casting vote only.
(7) Five members of a Board shall form a quorum.
Vacancies in Board.
102c. (1) Any member of a Board who is absent without leave from three consecutive meetings of the Board shall cease to be a member of the Board.
(2) In the event of a vacancy occurring by reason of the death, resignation or forfeiture of office of any member of a Board, the vacancy shall be filled in the same manner as the member, whose death, resignation or forfeiture of office caused the vacancy, was chosen.
Education scheme.
102d. The Commission shall prepare a scheme for providing facilities for the education and training of eligible children, and may co-operate with the Soldiers’ Children Education Boards in the execution of the scheme.
Powers of Board.
102e. A Board shall, subject to the provisions of the scheme, have power—
(a) to secure the granting of free scholarships to eligible children;
(b) to require applicants to furnish such information in addition to that contained in their applications, as the Board thinks fit;
(c) to grant or refuse applications and place the children to be benefited in the proper courses of education or training selected;
(d) to obtain, from time to time, reports on the progress of children so placed;
(e) to grant maintenance allowances to children so placed or to their mothers or guardians;
(f) to make recommendations to the Commission with respect to the welfare of children so placed; and
(g) to delegate any of its powers under this regulation except its powers of delegation to a sub-Committee of its members so that the delegated powers may be exercised by the sub-Committee.
Application for assistance.
102f. Applications for benefits or assistance under this Part shall be made in the first instance to a Deputy Commissioner of Repatriation or to the Secretary of the Local Committee nearest to the place of residence of the applicant.
Appeal to Commission.
102g. Where a Board refuses an application the applicant may appeal to the Commission stating the grounds of appeal, and the decision of the Commission shall be final.
Special cases.
102h. A Board may refer to the Commission, with its recommendation, any application which cannot be dealt with under the scheme, but which, in the opinion of the Board, should receive special consideration, and the Commission may, in its discretion, grant or refuse the application.
Part VIII.—Medical Treatment.
Classes of medical treatment.
103. Medical treatment may be provided by a Deputy Commissioner or the Executive of a Country Local Committee for soldiers whose disabilities are due to, or aggravated, by war service:
Provided that no such treatment shall be granted to any person where a Departmental Medical Officer or Local Medical Officer certifies that that person has been persistently guilty of conduct which has caused a recurrence of the ill-health or physical disability which was due to or aggravated by war service.
Medical treatment for widows, &c.
103a. (1) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for widows and orphans of deceased soldiers and for widowed mothers of deceased unmarried soldiers.
(2) For the purposes of this regulation—
“Deceased soldier” means a deceased soldier whose death, the Commission has decided, was due to war service;
“Orphan” means a child under the age of sixteen years of a deceased soldier, but does not include the child of a widow who re-marries;
“Widow” includes a person who is allowed a pension under section 36 of the Act, by reason of the death of a member of the Forces;
“Widowed mother of a deceased unmarried soldier” means any of the following persons who became a widow prior to, or within three years after, the death of the deceased unmarried soldier, namely:—
(a) the widowed mother of a deceased soldier who was unmarried;
(b) the widowed stepmother of such a soldier;
(c) the widowed fostermother of such a soldier; and
(d) the widowed mother of such a soldier who was born out of wedlock and brought up by her,
and includes the unmarried mother of such a soldier who is recognized as the widow of the father of the soldier, who died prior to, or within three years after, the death of the soldier.
Surgical aids.
(1) In the case of an application for the supply of surgical aids a Deputy Commissioner may, on the recommendation of a Departmental Medical Officer, and upon being satisfied that the injury sustained by the applicant is a direct result of military service, supply, renew, and repair artificial replacements and other necessary surgical appliances:
Provided that where a Departmental Medical Officer considers that renewals of or repairs to surgical appliances have been rendered necessary by the carelessness or wilful act of the applicant, the cost of effecting the renewals and repairs, or such portion of the cost as the Deputy Commissioner thinks fit, shall be borne by the applicant.
(2) Where a discharged soldier, on the order of a Departmental Medical Officer or Local Medical Officer, or a Medical Practitioner approved by the Deputy Commissioner, has been admitted to a hospital or other institution or place for the purpose of receiving treatment, a Deputy Commissioner may pay the fees and charges, not exceeding the rate approved by the Commission from time to time, for the treatment of the soldier in the hospital or institution or place.
Special treatment
Where a soldier has been admitted under the provisions of the last preceding regulation to a hospital or other institution or place, and requires special treatment, facilities for which do not exist in the hospital or other institution or place, a Deputy Commissioner may pay, in addition to the fees and charges payable under the last preceding regulation, such sum as is necessary to provide the special treatment.
Soldiers undertaking own treatment.
106. Where a patient desires to undertake his own treatment, and requests his discharge from the hospital or other place in which he is undergoing treatment, he may be discharged without prejudice to his receiving further treatment in pursuance of these Regulations, but the Department shall not be liable for any expenditure incurred in respect of his case after he leaves the hospital or other place, except treatment provided upon a further application under these Regulations, and if, upon any further application, the Departmental Medical Officer is of opinion that the applicant has aggravated his disability or retarded his recovery by misconduct, neglect, or any wilful act, treatment may be refused by the Deputy Commissioner, or alternatively treatment may be provided without sustenance.
Part IX.—Furniture, Equipment and Businesses.
Division 1.—Furniture and Equipment.
Furniture.
(1) Where it is necessary for the establishment in civil life of a soldier or the widow of a soldier who died prior to discharge, a Deputy Commissioner, or the Executive of a Country Local Committee, may grant an order for the supply of household furniture, not exceeding £35 in value in each case, under a Hire Purchase Agreement in accordance with Form D in the Schedule:
(a) an order under this sub-regulation shall not be granted where a gift of furniture has already been made; and
(b) no such order shall be granted to a settler under a Soldiers’ Land Settlement Scheme of a State.
(2) A Deputy Commissioner or the Executive of a Country Local Committee may, subject to the provisions of regulation 110, grant an order for the supply
by way of gift of household furniture to a value not exceeding £25 in each case for the establishment in a home of—
(a) a widow of a soldier in necessitous circumstances with children; or
(b) a totally and permanently incapacitated soldier.
(3) No assistance shall be granted under this regulation—
(a) to a widow, where the application is made after the expiration of twelve months after the date of the death of her husband; or
(b) to a soldier, where the application is made after the expiration of five years after the date of his discharge.
Tools of trade and equipment.
A Deputy Commissioner or the Executive of a Country Local Committee may, subject to the provisions of regulation 111, grant to the soldier or the widow of a soldier an order for the supply, by way of gift, of such tools of trade, professional instruments or other articles of personal equipment, to a value not exceeding the sum of £10, as the Deputy Commissioner or the Executive deems necessary for the purpose of the calling of the soldier or the widow:
Provided that no such order shall be granted to a settler under a Soldiers’ Land Settlement scheme of a State:
Provided further that where an applicant under this regulation applies for the supply of tools of trade or other articles exceeding in value the sum of £10, the Deputy Commissioner shall deal with the application and may grant an order under this regulation in addition to granting an order under the next succeeding regulation.
Supply of tools of trade. &c., under Hire Purchase Agreement.
109. A Deputy Commissioner may grant to a soldier, or the widow of a soldier, an order for the supply, under a Hire Purchase Agreement in accordance with Form D in the Schedule, of tools of trade, professional instruments or other articles of personal equipment, exclusive of clothing in any form, to a value not exceeding the sum of £50, to enable him or her to engage in a remunerative occupation:
Provided that where an applicant under this regulation has been granted benefits under the last preceding regulation any loan granted shall not exceed the sum of £50 inclusive of the value of gifts granted under the last preceding regulation.
Chattels to remain property of Commission for five years.
(1) No furniture, tools of trade, or other articles of property supplied to a soldier or his widow in pursuance of sub-regulation (2) of regulation 107 or regulation 108 shall become the property of the soldier or the widow until the expiration of five years from the date on which the furniture, tools of trade, or other articles or property came into the possession of the soldier or the widow.
(2) Until the expiration of that period, the furniture, tools of trade, or other articles or property, although in the possession of the soldier or the widow, shall remain the property of the Commission.
(3) The Commission may, at any time during the period of five years, if not satisfied that the furniture, tools of trade, or other articles or property are being put to proper use, require their return.
Orders not to be transferred.
(1) No person to whom an order is granted under this Part shall transfer the order to any other person.
(2) No trader or person to whom an order granted under this Part is presented shall supply to the person presenting the order any money or goods in lieu of the goods specified in the order.
Division 2.—Businesses, Plant, &c.
Small businesses, &c.
The Commission may make an advance by way of loan for the purchase of a business plant, stock or live stock, not exceeding the sum of £150 in each case, to—
(a) the widow with one or more children of a soldier who died prior to discharge;
(b) a married soldier incapacitated to the extent of being unable to engage in his usual occupation, and who is unsuitable for vocational training for an occupation in substitution of his usual occupation; or
(c) a soldier who, immediately prior to enlistment, was dependent for his living upon a business owned and conducted by him, and disposed of the business in order to enlist, and who satisfies the Commission that he possesses the experience and ability to conduct with a reasonable prospect of success the business applied for:
Provided that the Commission may in special circumstances advance an amount not exceeding £250:
Provided further that an advance for the purchase of live stock will only be made where the applicant is not eligible to secure such assistance under the Land Settlement Scheme of the State in which he resides:
Provided also that no assistance shall be granted under this regulation to a soldier included in paragraph (c) of this regulation where the application is made after the expiration of twelve months after the date of his discharge.