Section 1 - National Security (Civil Constructional Corps Compensation) Regulations - National Security (Civil Constructional Corps Compensation) Regulations | Zoe
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 National Security Act 1939-1943.
(SGD.) GOWRIEDated this ninth day of February, 1944.
Governor-General.
SignatureBy His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
NATIONAL SECURITY (CIVIL CONSTRUCTIONAL CORPS COMPENSATION) REGULATIONS.
Part I.—Preliminary.
Citation.
These Regulations may be cited as the National Security (Civil Constructional Corps Compensation) Regulations.
Administration.
These Regulations shall be administered by the Minister of State for Social Services.
Parts.
These Regulations are divided into parts, as follows:—
Part I.—Preliminary.
Part II.—Administration.
Part III.—General Provisions Relating to Compensation.
Part IV.—Medical Benefits and Funeral Allowances.
Part V.—Claims for Compensation and Payment of Compensation.
Part VI.—Miscellaneous.
Definitions.
In these Regulations, unless the contrary intention appears—
“adopted son” and “adopted daughter” include any child maintained by an eligible person as a member of his family at the relevant date;
* Notified in the Commonwealth Gazette on , 1943.
7135.—Price 1s. 40/19.1.1944.
“approved form” means a form approved by the Director-General;
“child” means a dependant under the age of sixteen years who is—
(a) a son or daughter born to the eligible person of a marriage which took place before the relevant date;
(b) a step-son, step-daughter, adopted son or adopted daughter of the eligible person who became dependent on him before the relevant date; or
(c) an ex-nuptial son or ex-nuptial daughter of the eligible person born before, or within nine months after, the relevant date;
“claim” means a claim for compensation or other benefit under these Regulations;
“claimant” means a person who has made a claim, whether on his own behalf or on behalf of an eligible person or of a dependant, separated wife or separated widow of an eligible person;
“compensation” means compensation under these Regulations by way of injury allowance, pension, allowance for attendant or a lump sum;
“dependant” means any member of an eligible person’s family who at the time of his death or the commencement of his incapacity (as the case may be) was dependent upon his earnings or, in the case of a person specified in paragraph (a) or (c) of the definition of “child”, who would, but for the death or incapacity, be so dependent, and includes—
(a) where the eligible person is the grandparent of an ex-nuptial child who was so dependent—that child;
(b) where the eligible person is an ex-nuptial child and his parent or grandparent was so dependent—that parent or grandparent; and
(c) a dependent female;
“dependent” means wholly or substantially dependent;
“dependent female”, in relation to an eligible person, means a woman who, though not legally married to the eligible person, has been wholly or substantially maintained by and has lived with him as his wife on a permanent and bona fide domestic basis continuously from a date not less than six months prior to the relevant date and who, at the relevant date—
(a) had in her charge a child of the eligible person;
(b) was over forty years of age; or
(c) was incapable of supporting herself by reason of her mental or physical incapacity;
“Deputy Commissioner” means a Deputy Commissioner of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;
“eligible person” means a person who is or was a member of the Civil Constructional Corps but does not include—
(а) a member who was, at the relevant date, stationed at the Head Office of the Allied Works Council or at a State Branch Office of the Council and was a member engaged in professional, executive or administrative duties whose enrolment in the Civil Constructional Corps took place after the date on which he was first appointed as a professional, executive or administrative officer of the Allied Works Council; or
(b) a member who is on leave without pay granted in order to enable him to undertake seasonal or other employment;
“member of an eligible person’s family” means the wife, husband, child, parent, brother, sister, grandparent, grandchild, step-parent, step-brother, step-sister, half-brother or half-sister of the eligible person, or a person over the age of sixteen years specified in paragraph (a), (b) or (c) of the definition of “child”;
“pension” means a pension under these Regulations;
“Registrar” means a Registrar of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;
“Schedule” means a Schedule to these Regulations;
“separated wife” means the wife of an eligible person who is living apart from him either in pursuance of a decree, judgment, order or deed of separation or by reason of her having been deserted by the eligible person or in circumstances which, in the opinion of the Director-General, are analogous thereto, and “separated widow” means the widow of an eligible person who was so living apart from him immediately prior to his death;
“service injury” means personal injury by accident which is sustained by an eligible person—
(a) in the course of his duties as a member of the Civil Constructional Corps and which is directly attributable to those duties and is not due to his serious and wilful misconduct; or
(b) without his own default or wilful act, in a camp wherein the eligible person was living by direction of the Allied Works Council, but which was not directly attributable to his duties; or
(c) without his own default or wilful act, while travelling to or from duty;
“Special Magistrate” means a Special Magistrate holding office under the Invalid and Old-age Pensions Act 1908-1943;
“the Civil Constructional Corps” means the Civil Constructional Corps established under the National Security (Allied Works) Regulations;
“the Commissioner” means the Commissioner of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;
“the Director-General” means the Director-General of Social Services;
“the management” means the Director-General of Allied Works appointed under the National Security (Allied Works) Regulations, or any person authorized by him to act on his behalf, or a person having the immediate direction and control of the project or work upon which the member concerned is for the time being serving;
“the maximum rate of pension” means the rate of Four pounds four shillings per fortnight;
“the relevant date”, in relation to an eligible person, means the date on which the eligible person sustained the service injury or war injury to which his death or incapacity is directly attributable;
“travelling to or from duty” means travelling by an eligible person—
(а) to a place at which he has been instructed to report for the performance of duties as such a person; or
(b) between his place of abode, and place of service; or
(c) on leave between the place where he intends to spend, or has spent, a period of leave and the place at which he is stationed as such a person,
but does not include travelling during or after any substantial interruption of any such journey or during or after any substantial deviation from the shortest convenient route for the journey having regard to the mode of transport employed;
“trustee” means a trustee appointed under these Regulations;
“war injury” means personal injury which is sustained by an eligible person and which is—
(a) caused by—
(i) the discharge of any missile, liquid or gas;
(ii) the use of any weapon, explosive or other noxious thing; or
(iii) the doing of any other injurious act,
either by the enemy, or in combating the enemy, or in relation to any expected or suspected attack by the enemy or any expected attack upon the enemy; or
(b) caused by the action of any enemy aircraft, or any aircraft in the service of His Majesty or of any Ally of His Majesty during the present war or by the impact by, or of any part of, or of anything dropped from, any such aircraft,
and which is not due to the serious negligence or serious misconduct of the eligible person; and
“wife” and “widow” do not include a woman whose marriage to the eligible person takes place after the relevant date, or, except as otherwise expressly provided in these Regulations, a separated wife or separated widow.
Application to Territories.
5.—(1.) These Regulations shall extend to every Territory of the Commonwealth, and to members of the Civil Constructional Corps, wherever they may be.
(2.) For the purposes of these Regulations, the Australian Capital Territory (including the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915) shall be deemed to be part of the State of New South Wales, and the Northern Territory shall be deemed to be part of the State of South Australia.
Part II.—Administration.
Delegation of powers by the Director-General.
6.—(1.) The Director-General may, in relation to any matters or class of matters, or in relation to any particular State or Territory of the Commonwealth or any part of a State or Territory of the Commonwealth, by writing under his hand delegate all or any of his powers and duties under these Regulations (except this power of delegation) so that the delegated powers or duties may be exercised or performed by the delegate with respect to the matters or class of matters or the State or Territory of the Commonwealth, or part of a State or Territory of the Commonwealth, specified in the instrument of delegation.
(2.) Where under these Regulations the exercise of any power or duty by the Director-General is dependent upon the opinion, belief or state of mind of the Director-General in relation to any matter, that power or duty may be exercised or performed by the delegate upon the opinion, belief or state of mind of that delegate.
(3.) A delegation under this regulation shall not prevent the exercise or performance of any power or duty under these Regulations by the Director-General.
Duties of Director-General.
7.—(1.) In the determination of matters and questions arising under these Regulations the Director-General shall be guided by equity, good conscience and the substantial merits of the case without regard to technicalities or legal precedent and shall not be bound by any rules of evidence.
(2.) It shall be the duty of the Director-General—
(a) to determine, in case of the death or incapacity of an eligible person in respect of which a claim for compensation is made—
(i) whether the death or incapacity is directly attributable to a service injury or war injury sustained by the eligible person;
(ii) whether that service injury or war injury was due to the eligible person’s—
(a) own default or wilful act; or
(b) serious negligence or serious misconduct; or
(c) serious and wilful misconduct;
(iii) in the case of the incapacity of the eligible person, the nature and degree of the incapacity, and whether the incapacity is permanent;
(b) to determine the extent (if any) to which persons alleged to be or to have been dependent upon an eligible person are or have been so dependent;
(c) to assess, from time to time, the rates of injury allowances or pensions or the amounts of lump sum compensation to be paid to eligible persons and their dependants, and to determine the dates of commencement and cessation of those injury allowances or pensions;
(d) to determine, in such cases as the Director-General thinks fit—
(i) that payment of an injury allowance or pension be forfeited or suspended and the date of the forfeiture or suspension; or
(ii) that payment of an injury allowance or pension which has been forfeited or suspended be recommenced and the date of recommencement;
(e) to determine to whom payment of compensation or other benefits authorized by these Regulations shall be made;
(f) to determine such other questions as are necessary to be determined in the administration of these Regulations.
Power to summon, witnesses, take evidence, &c.
8.—(1.) The Director-General, any person authorized in writing by the Director-General, the Commissioner, a Deputy Commissioner, a Special Magistrate or a Registrar may, for the purpose of any inquiry which the Director-General, the person so authorized, the Commissioner, Deputy Commissioner, Special Magistrate or Registrar (as the case may be) has power to make, summon any person to appear before him, and may require that person to answer questions and to produce documents and, for any such purpose, may administer oaths or take affirmations.
(2.) A person who has been lawfully summoned to appear before the Director-General, the authorized person, the Commissioner, a Deputy Commissioner, a Special Magistrate or a Registrar shall not fail to appear, and a person who appears, whether summoned or not, shall not—
(a) refuse to be sworn or make an affirmation as a witness;
(b) fail to answer any question which he is lawfully required to answer; or
(c) fail to produce any documents which he is lawfully required to produce.
Part III.—General Provisions Relating to Compensation.
Grant of compensation.
Where any eligible person dies or becomes incapacitated, and the death or incapacity is directly attributable to his having sustained a service injury or war injury, the Commonwealth shall, subject to these Regulations, pay to his dependants, or to him, or to both, compensation by way of injury allowance, pension, allowance for attendant or lump sum in accordance with these Regulations.
Rates of pension on death.
10.—(1.) Where an eligible person dies as the result of a war injury or service injury, subject to these Regulations, pension shall be payable—
(a) in respect of the widow of the eligible person—at such rate not exceeding Four pounds four shillings per fortnight as is assessed by the Director-General;
(b) in respect of each child of the eligible person—
(i) where the eligible person leaves a widow, widower, separated widow or dependent female who is entitled, to a pension and who has the custody of the children—at the rate of Fifteen shillings per fortnight; and
(ii) in any other case—at the rate of Twenty-five shillings per fortnight; and
(c) in respect of the dependants of the eligible person, other than children or a dependent female, where no pension is payable to his widow, separated widow or a dependent female—at such rates as are assessed by the Director-General, but so that the aggregate of the pensions payable to such dependants shall not exceed Four pounds four shillings per fortnight.
(2.) Notwithstanding anything contained in this regulation, the rate of pension payable in respect of any dependant under the age of sixteen years (other than a child of the eligible person) shall not exceed Fifteen shillings per fortnight.
Injury allowance.
11.—(1.) Where an eligible person has sustained a service injury or war injury as a result of which he is totally or partially incapacitated for work, injury allowance shall, subject to these Regulations, be payable—
(a) in respect of the eligible person—at a rate per fortnight not exceeding two-thirds of the eligible person’s fortnightly rate of pay at the time of the injury, or Six pounds per fortnight, whichever is the less;
(b) in respect of the wife of the eligible person—Two pounds per fortnight; and
(c) in respect of each child of the eligible person—Seventeen shillings per fortnight:
Provided that in no case shall the total fortnightly rate payable in respect of the eligible person and his wife and children by way of injury allowance exceed—
(a) the eligible person’s fortnightly rate of pay at the time of the injury; or
(b) the difference between the fortnightly rate of pay of the eligible person before the injury was sustained and the rate he is earning or able to earn in some suitable occupation after the injury was sustained,
whichever is the lesser.
(2.) The allowance specified in this regulation shall, subject to these Regulations, continue to be payable until, in the opinion of the Director-General, incapacity for work has ceased, or until the discharge of the eligible person from the Civil Constructional Corps, or until the expiration of a period of six months from the date of the injury, whichever first happens.
(3.) For the purposes of this regulation “rate of pay” means the rate of salary or wages of the eligible person at the time of the injury, exclusive of—
(a) overtime;
(b) the value of food or quarters; and
(c) other allowances.
Pension payable in certain cases of continuing incapacity.
12.—(1.) Where an eligible person is totally or partially incapacitated as the result of a war injury or service injury, and compensation is not payable in respect of such incapacity under regulation 11 of these Regulations or the compensation payable thereunder has ceased, pension shall, subject to these Regulations, be payable during such incapacity at rates not exceeding—
(a) in the case of total incapacity—
(i) in respect of the eligible person—Four pounds four shillings per fortnight;
(ii) in respect of the wife of the eligible person—One pound sixteen shillings per fortnight;
(iii) in respect of each child of the eligible person—Fifteen shillings per fortnight; and
(iv) in respect of dependants of the eligible person, other than children or a dependent female, where no pension is payable to his wife, separated wife or a dependent female—such rates as are assessed by the Director-General, but so that the aggregate of the pensions payable to such dependants shall not exceed the amount of Two pounds eleven shillings per fortnight; and
(b) in the case of partial incapacity, such percentage of the rate of pension which would be payable if the eligible person were totally incapacitated as is specified in Column 2 of the First Schedule opposite to the degree of incapacity specified in Column 1 of that Schedule:
Provided that the rates of pension payable in respect of dependants, other than children, where no pension is payable in respect of the wife or separated wife of the eligible person or a dependent female, shall be such rates as are assessed by the Director-General, but so that the aggregate of the pensions payable in respect of such dependants shall not exceed the percentage referred to in this paragraph of Two pounds eleven shillings per fortnight.
(2.) Notwithstanding anything contained in this regulation the rate of pension payable in respect of any dependant, other than a child of the eligible person, under the age of sixteen years shall not exceed Fifteen shillings per fortnight.
(3.) Compensation shall not be payable under these Regulations in respect of the partial incapacity of an eligible person where the degree of incapacity is less than 10 per centum.
Degree of incapacity.
13.—(1.) For the purposes of regulation 12 of these Regulations the degree of incapacity of an eligible person who has sustained a disability specified in Column 1 of the Second Schedule shall be such percentage as is specified in Column 2 of that Schedule opposite the description of that disability.
(2.) Where an eligible person has sustained a disability not described in Column 1 of the Second Schedule, his degree of incapacity shall, for the purposes of regulation 12 of these Regulations, be assessed by reference to the degree which the eligible person’s incapacitated condition due to the service injury or war injury bears to the condition of a normal and healthy person of the same age and sex without taking into account—
(a) the earning capacity of the eligible person in his incapacitated condition in his own or in any other specific profession, trade or calling; or
(b) the effect of any individual factors or extraneous circumstances.
(3.) Total incapacity shall be expressed as One hundred degrees of incapacity and any lesser degree shall be expressed by way of percentage.
Allotments.
Notwithstanding anything contained in these Regulations, where the pay of an eligible person who is entitled to an injury allowance in pursuance of these Regulations was, at the time of the injury, the subject of a compulsory allotment to a dependant or other person, so much of the injury allowance payable in respect of the eligible person as is required to continue payments at the rate of the compulsory allotment shall, unless the Director-General in special circumstances otherwise directs, be payable to that dependant or other person.
Pension to dependent female.
The Director-General may, in his discretion, in the case of the death or incapacity of an eligible person to which regulation 10 or regulation 12 of these Regulations applies, grant to a dependent female a pension at a rate not exceeding the rate of pension prescribed in respect of his widow or wife:
Provided that if a pension is also payable to the widow, wife, separated widow or separated wife, the pension granted in pursuance of this regulation shall not in any case be at such a rate that the sum of those pensions would exceed the rate prescribed in respect of his widow or wife.
Pension of separated wife or widow.
16.—(1.) The Director-General may, in his discretion, in the case of the death or incapacity of an eligible person to which regulation 10 or regulation 12 of these Regulations applies, grant a pension to his separated widow or separated wife if she satisfies the Director-General that the eligible person, in the case of a separated wife, is or, in the case of a separated widow, was, immediately prior to his death, contributing, or liable to contribute, to her support, or that the separation was caused through the mental instability of the eligible person directly attributable to a service injury or war injury.
(2.) The rate of any pension payable under the last preceding sub-regulation shall be in the discretion of the Director-General, but shall not exceed—
(а) where the separated wife or separated widow is eligible for pension by reason of her having satisfied the Director-General that the eligible person is or was contributing or liable to contribute to her support—the rate at which the eligible person was contributing, or was liable to contribute, whichever is the greater, to her support immediately prior to the separation or the commencement of his incapacity (whichever is the later date) in the case of a separated wife, or immediately prior to his death, in the case of a separated widow; or
(b) in any case—The rate to which she would have been entitled but for the separation.
Compensation for certain industrial diseases.
17.—(1.) Where—
(a) an eligible person is suffering from any of the diseases mentioned in Column 1 of the Third Schedule and is thereby incapacitated; or
(b) the death of any eligible person is caused by any of those diseases,
and the disease was contracted within twelve months prior to the date of incapacity, and was directly attributable to the occupation in which the eligible person was engaged in the Civil Constructional Corps, the Commonwealth shall, subject to these Regulations, be liable to pay compensation and other benefits in accordance with these Regulations as if the disease were a service injury.
(2.) If the Director-General is satisfied that the eligible person, at the time of entering the Civil Constructional Corps, wilfully and falsely represented himself as not having previously suffered from the disease, compensation and other benefits shall not be payable.
(3.) If the disease is of such a nature as to be contracted by a gradual process, the Commonwealth shall be entitled to be indemnified by any other employers (if those employers are also liable to pay compensation of the kind referred to in paragraph (a) of regulation 48 of these Regulations) who employed the eligible person during the period of twelve months immediately preceding the incapacity, in the occupation to which the disease is due, and all questions as to the right to, and any amount of, any such indemnity shall, in default of agreement, be settled by arbitration or by action in any County Court.
(4.) A claimant for compensation under this regulation shall, if so required, furnish the Director-General with such information as to the names and addresses of previous employers of the eligible person as the claimant possesses.
(5.) If the eligible person, at the time of, or immediately before, the incapacity, was engaged in any process mentioned in Column 2 of the Third Schedule and produces a certificate from a duly qualified medical practitioner that the disease contracted is the disease or one of the diseases in Column 1 of that Schedule set out opposite the description of the process, that disease shall, in the absence of proof to the contrary, be deemed to have been sustained in the course of his duties and to be directly attributable to the occupation in which the eligible person was engaged.
(6.) The Third Schedule may be amended by order of the Minister published in the Gazette.
(7.) For the purposes of this regulation “County Court” means a County Court, District Court, or Local Court of any State or Territory of the Commonwealth, or any court exercising in any part of the Commonwealth a limited civil jurisdiction and presided over by a Judge or a Police, Stipendiary or Special Magistrate.
Compensation to dependants.
18.—(1.) Subject to sub-regulation (2.) of this regulation, compensation shall not be granted or continued to any person unless that person is, in the opinion of the Director-General, without adequate means of support and incapable of earning a livelihood.
(2.) The last preceding sub-regulation shall not apply to—
(a) the eligible person or his widow, wife, separated widow, separated wife or child, or a dependent female; or
(b) in the case of a deceased unmarried eligible person—
(i) his widowed mother, where he was born in wedlock or subsequently legitimated, if she became a widow either prior to or within three years after his death;
(ii) his widowed mother, where he was born out of wedlock, if he was brought up by her and she became a widow either prior to or within three years after his death; or
(iii) his unmarried mother if he was brought up by her.
(3.) Except in the case of a mother of an eligible person, a pension discontinued in pursuance of sub-regulation (1.) of this regulation shall not afterwards be renewed.
Pension after death of incapacitated eligible person.
Where an eligible person who has suffered a service injury or war injury subsequently dies from a cause or causes other than that injury, and where that person was, immediately prior to his death, incapacitated as a direct result of that injury to a degree greater than Fifty per centum, a dependant or separated widow of the eligible person shall, subject to these Regulations, be entitled to receive or to continue to receive, as the case may be, such allowance or pension (if any) as—
(a) was being paid;
(b) was payable; or
(c) would, but for the fact that a claim had not been lodged or that a claim lodged had not been determined, have been payable,
under these Regulations to that dependant or separated widow immediately prior to the death of the eligible person.
Allowance for attendant.
Where an eligible person entitled to compensation is incapacitated by reason of a disability specified in column 1 of the Fourth Schedule which is directly attributable to a service injury or war injury and the Director-General is of the opinion that he is in need of an attendant, there shall be payable to him the fortnightly allowance for an attendant specified in Column 2 of that Schedule opposite that disability:
Provided that no such allowance shall be payable in respect of any period during which the eligible person is maintained in an institution at the public expense.
Continuation of child’s pension in certain cases.
21.—(l.) A pension payable in respect of a child as such shall cease upon his attaining the age of sixteen years.
(2.) Notwithstanding anything contained in the last preceding sub-regulation, where a person under the age of twenty-one years is a child in respect of whom a pension might have been granted or continued under these Regulations if he had not attained the age of sixteen years and the Director-General is satisfied that—
(a) his pecuniary circumstances or those of his family are such that a pension in respect of that person ought to be paid; and
(b) he is incapable of supporting himself by reason of an infirmity from which he has been suffering since a date prior to that on which he attained the age of sixteen years,
the Director-General may make or continue a grant of pension in respect of that person at the same rate as would have been applicable if that person had not attained the age, of sixteen years, but in no case shall any such pension continue after the person has attained the age of twenty-one years.
Pensions to female dependants to cease on marriage or re-marriage.
A pension payable to any female dependant or separated widow of an eligible person shall not be continued after her marriage or re-marriage:
Provided that the marriage of a dependent female to the eligible person shall not be deemed to be marriage or re-marriage for the purposes of this regulation.
Rejection of claims and termination of payments to dependants.
The Director-General may reject any claim for an injury allowance or pension by, or terminate any injury allowance or pension granted in respect of, a dependant, separated wife or separated widow of an eligible person if he is satisfied that the grant or continuance of the grant of the injury allowance or pension would be undesirable.
Forfeiture of pension during imprisonment.
24.—(1.) If any person in respect of whom an allowance or pension is payable or is being paid in pursuance of these Regulations is convicted of an offence and sentenced to any term of imprisonment, the Director-General may, in respect of the time during which that person is serving the term of imprisonment or in respect of any portion of that time, forfeit the allowance or pension.
(2.) The Director-General may, if he thinks fit, in lieu of forfeiting an allowance or pension under the last preceding sub-regulation, order that, during the term of imprisonment or any portion thereof, the whole or any part of the allowance or pension shall be paid to such person as the Director-General determines, and the allowance or pension shall thereupon be payable accordingly during that term or portion.
Periodical medical examination.
25.—(1.) The Director-General may, from time to time, require any person receiving an allowance or pension to submit himself for medical examination by a duly qualified medical officer or practitioner nominated by the Director-General.
(2.) Where any eligible person, or dependant of an eligible person, refuses or fails to submit to medical examination as and when required in accordance with this regulation, or in any way obstructs the examination, the Director-General may suspend payment of any allowance or pension payable in respect of him until the examination has taken place without any obstruction.
Retrospective payments.
26.—(1.) Where a claim for an allowance or pension has been made under these Regulations and has been rejected and, upon a subsequent application, an allowance or pension is granted to the claimant, the allowance or pension shall not be payable in respect of any period prior to the period of six months immediately preceding the date of the application upon which the allowance or pension was granted.
(2.) Where an allowance or pension has been cancelled and the person concerned, upon an application for reinstatement of his allowance or pension, is again granted an allowance or pension, payment of the allowance or pension so granted shall not be made in respect of any period prior to the period of six months immediately preceding the date on which the application for reinstatement was made.
(3.) Where an allowance or pension has been voluntarily relinquished, either wholly or in part, and the person concerned applies for the reinstatement of the allowance or pension or part thereof so relinquished, the allowance or pension or part thereof shall, subject to these Regulations, be reinstated but the reinstatement shall not operate in respect of any period prior to the period of six months immediately preceding the date on which the application for reinstatement was made.
Conditions of grant to be fulfilled.
Where under these Regulations compensation may be granted in respect of a person only if some condition or requirement is fulfilled or complied with, a grant so made shall, unless the Director-General otherwise determines, cease to have effect if and when that condition or requirement ceases to be fulfilled or complied with.
Administration of compensation.
28.—(1.) Subject to these Regulations, payments of compensation or other benefits authorized by these Regulations shall be made to such person or persons as the Director-General thinks fit.
(2.) Where the Director-General or a Deputy Commissioner considers it desirable to do so in the interests of the person to, for, or in respect of whom any compensation is payable under these Regulations, the Director-General or Deputy Commissioner may administer that compensation in such manner as appears to him to be in the best interests of that person or may appoint a trustee of that compensation and pay the compensation to him, and a receipt given by the trustee for any amount of compensation, shall be a good and sufficient discharge to the Director-General in respect of that amount.
(3.) Subject to any directions of the Director-General or a Deputy Commissioner, a trustee so appointed shall collect the compensation, and shall hold, or may apply, it in such manner as he sees fit for the benefit of the person to, for, or in respect of whom the compensation is payable.
Director-General may review allowances or pensions.
29.—(1.) If it appears to the Director-General that by reason of any misstatement or mistake of fact, or of any change in circumstances or for any other reason whatsoever, it is expedient so to do, the Director-General may at any time review any grant or assessment of an allowance or pension, or any determination in relation to an allowance or pension, made under these Regulations, and may vary or cancel that grant, assessment or determination, and either make or refrain from making a new grant, assessment or determination:
Provided that no such allowance or pension shall be increased to a rate or amount exceeding the rate or amount authorized by these Regulations.
(2.) Where any person in respect of whom any allowance or pension is payable under these Regulations refuses or fails to attend at the time and place fixed by the Director-General for any review, or impedes or hinders the review, the Director-General may cancel the allowance or pension.
(3.) On the cancellation under the last preceding sub-regulation of an allowance or pension payable in respect of an eligible person, any allowance or pension payable to his dependants or separated wife shall not be continued for more than twelve months from the date fixed for the review:
Provided that if the Director-General is satisfied that the incapacity of the eligible person in respect of which a pension has been granted is of a permanent nature, he may continue any pension, or any part thereof, to a dependant or separated wife for such period as he thinks proper.
Commutation for pension, to lump sums.
30.—(1.) Notwithstanding anything contained in these Regulations, where—
(a) an eligible person is incapacitated, and
(b) a pension under the foregoing provisions of these Regulations is payable in respect of that eligible person, and
(c) a duly qualified medical officer or practitioner certifies that the condition of incapacity is permanent and stationary,
the Director-General may, in his absolute discretion, grant compensation by way of a lump sum or lump sums (as the case may be) in lieu of all pensions payable under these Regulations in respect of that incapacity, or may direct that compensation by way of a lump sum or lump sums (as the case may be) be substituted for all pensions granted in respect of that incapacity—
(a) in any case where the degree of incapacity is less than fifty per centum; or
(b) in any case where the degree of incapacity is not less than fifty per centum but is less than one hundred per centum and the eligible person and every other person in respect of whom any such pension is payable has consented to accept a lump sum in lieu of a pension.
(2.) The amount of a lump sum payment under this regulation shall be determined by the Director-General having regard to the pension in lieu of which it is to be paid and the age and sex of the person concerned, but the total amount of lump sum compensation payable in respect of the incapacity of any eligible person together with any sum paid by way of injury allowance or pension shall not exceed the sum of Seven hundred and fifty pounds.
(3.) This regulation shall not apply to any case in which an allowance under regulation 20 of these Regulations is being paid or would be payable.
(4.) A person under a legal disability shall not be capable of giving a consent for the purposes of this regulation.
Lump sums for specified minor injuries.
Notwithstanding anything contained in these Regulations, where any pension is payable in respect of a disability specified in Column 1 of the Fifth Schedule, the Director-General may, in his absolute discretion, grant the amount specified in Column 2 of that Schedule, opposite to the disability so specified, as lump sum compensation in lieu of, or in substitution for, all pensions payable or being paid under these Regulations in respect of that incapacity.
Part IV.—Medical Benefits and Funeral Allowances.
Medical benefits.
Where an eligible person has sustained a service injury or war injury, the Commonwealth shall be liable to pay in respect of that injury such medical, surgical, hospital, ambulance and transport expenses and the cost of such artificial aids as the Director-General considers reasonable:
Provided that, except where in special circumstances the Director-General otherwise directs, the total cost of such expenses so paid shall not exceed One hundred pounds.
Funeral expenses.
33.—(1.) Where the death of an eligible person is directly attributable to a service injury or war injury, the Director-General may authorize the payment of a sum not exceeding Fifteen pounds towards the cost of funeral expenses.
(2.) Where the death of an eligible person was directly attributable to a service injury or a war injury, and the Director-General considers that, by reason of the remoteness of the locality where the death took place or of other circumstances rendering privately-arranged burial impracticable, it was necessary for burial to be arranged by a person or authority acting or purporting to act on behalf of the Commonwealth, the Director-General may authorize payment of the funeral expenses in connexion with burial so arranged.
(3.) Unless the Director-General by reason of special circumstances otherwise directs, payment under this regulation shall not be made unless a claim in the approved form is forwarded to the Director-General or to a Deputy Commissioner within three months after the expenses are incurred.
Part V.—Claims for Compensation and Payment of Compensation.
Claim for compensation.
34.—(1.) A claim for compensation under these Regulations shall be in accordance with an approved form, and shall, within three months after the date of injury or death, or within three months of the disability due to the injury becoming manifest (whichever is the later date) be forwarded to such officer as is specified by the Director-General by notice in the Gazette.
(2.) Unless the Director-General by reason of special circumstances otherwise directs, compensation shall not be granted in respect of a claim which is not made and delivered in accordance with the last preceding sub-regulation.
(3.) Unless the Director-General in exceptional circumstances otherwise directs, an allowance or pension in respect of the death or incapacity of an eligible person shall not be paid in respect of any period prior to the date of the commencement of the period of three months immediately preceding the date on which the claim for compensation is made.
Declaration by claimants
35.—(1.) Where an approved form or any other document relating to a claim for, or a review of, compensation under these Regulations includes a declaration as to the correctness of the information set forth in the claim or document, the declaration shall be signed in the presence of a witness who shall append his signature and address.
(2.) Where a claim is made on behalf of a person under the age of sixteen years, the declaration may be made by any person over the age of sixteen years who has knowledge of the information set forth in the claim.
Payment of pensions.
36.—(1.) Allowances and pensions payable under these Regulations shall be payable by fortnightly instalments by crossed cheque made payable to order and marked “Not negotiable” or in such other manner as the Director-General, in any particular case or class of cases, directs.
(2.) The fortnight in respect of which instalments of any allowance or pension are payable shall commence on such day as the Director-General determines.
(3.) The amount of an instalment in respect of a period of less than a fortnight shall be an amount which bears the same proportion to a fortnightly instalment as that lesser period bears to a fortnight.
(4.) For the purposes of the last preceding sub-regulation “fortnight” means—
(a) in the case of a pension or an allowance for attendant—fourteen days,
(b) in the case of an injury allowance—fourteen days or such lesser number of days as may be determined having regard to the normal working fortnight of the eligible person.
Due date of instalments.
The due date of each instalment shall be the day following the last day of the fortnight for which the instalment is payable:
Provided that where the due date is a public holiday payment may be made on such other day as the Director-General directs,
Payment to other person.
Payment may be made to a person other than the person entitled to receive compensation under these Regulations or trustee if that person is the holder of an order, in the approved form, from the person entitled to receive compensation under these Regulations or trustee and makes a declaration that he is not receiving the whole or any portion of the instalment on his own behalf or on behalf of any other person or any firm, business or partnership in repayment of any advance or loan to the pensioner, or by way of, or in consequence of, any sale, assignment, charge, execution or insolvency, or in payment of any debt whether due or about to become due from the person entitled to receive compensation under these Regulations.
Declarations by female dependants.
Where a pension is payable to any single or widowed female dependant of an eligible person, the Director-General may require her to furnish, at such intervals as he determines, not exceeding twelve months, a declaration in the approved form that she has not married or re-married:
Provided that, in the case of a pension granted to a dependent female, no such declaration shall be required where it is established to the satisfaction of the Director-General that she has become the wife of the eligible person.
Notification of marriage or divorce.
40.—(1.) Any dependant, separated wife or separated widow of an eligible person to whom a pension is payable who marries or obtains a decree nisi in divorce, or against whom a decree nisi in divorce is obtained, shall forthwith send a written notification of that fact to the Director-General or to the Deputy Commissioner for the State in which he or she resides.
(2.) Any person convicted of an offence arising out of a contravention of this regulation may be ordered by the Court by which he or she is convicted to repay to the Commonwealth any moneys received in consequence of the failure to comply with the provisions of this regulation.
Payment of allowance or pension undrawn on death.
An undrawn instalment of an allowance or pension due at the date of the death of a person in respect of whom compensation is payable under these Regulations, if applied for within six months after the death, may be paid to such person as, in the opinion of the Director-General or a Deputy Commissioner, has a legal or equitable claim thereto:
Provided that payment to any person who is not a legal representative of the deceased shall not be authorized until the Director-General or the Deputy Commissioner is satisfied that application will not be made for probate of will or letters of administration.
Notification of deaths.
42.—(1.) Whenever the death of any person is reported to any officer of the Commonwealth or a State or a Territory of the Commonwealth who is charged with the duty of registering deaths, he may inquire whether the deceased was a person in respect of whom compensation is payable under these Regulations, and the person reporting the death shall, to the best of his knowledge, state whether the deceased was such a person or not.
(2.) If the deceased was such a person, the officer may notify the Director-General or a Deputy Commissioner of that fact and of the death.
Power of Deputy Commissioner to require information.
43.—(1.) A person shall, if so required by the Director-General or a Deputy Commissioner or a Registrar by notice in writing, furnish to the officer specified in the notice, within the time specified in the notice—
(a) a confidential report of the facts within his knowledge relating to any matter specified in the notice; and
(b) written answers to any questions specified in the notice,
concerning any person in respect of whom compensation or other benefit under these Regulations has been claimed or granted.
(2.) No action or proceeding, civil or criminal, except an action or proceeding pursuant to these Regulations, shall lie against any person in respect of any report or answer furnished by him in pursuance of this regulation.
Signature to forms.
44.—(1.) Every form in connexion with a claim for, or a review; of, compensation or other benefit under these Regulations, which is required to be signed by any person, shall be signed by that person with his personal signature.
(2.) Where a person who is unable to sign his name in writing makes a mark as his signature to a form, the mark shall be deemed to be his personal signature if it is identifiable as such and is made in the presence of a witness who signs the form as a witness.
(3.) A person shall not make the signature of any other person on any form.
(4.) Nothing in this regulation shall affect the liability of any person to be proceeded against under any other law but he shall not be liable to be punished twice in respect of the same offence.
Signatures in blank.
45.—A person shall not sign his name on any form in connexion with a claim for, or review of, compensation or other benefit under these Regulations as a signature to that form unless the form has been filled in so as to be ready for use without further addition.
Part VI.—Miscellaneous.
Compensation to be inalienable.
46.—(1.) Any compensation or other benefit payable under these Regulations shall be absolutely inalienable whether by way of or in consequence of sale, assignment, charge, execution, insolvency or otherwise howsoever.
(2.) A person shall not advance money or goods, or offer or promise to advance money or goods, to any person in receipt of any compensation or other benefit or having a claim to receive any compensation or other benefit, or to any person on his behalf, on the security (whether sole or collateral) of his compensation or other benefit or of any instalment thereof, and shall not purport to accept any transfer or assignment of, or to create any charge on, any compensation or other benefit or any instalment thereof.
(3.) A person shall not obtain an advance of money or goods upon the security of, or purport to transfer or assign, or create any charge on, his compensation or other benefit, or any instalment thereof.
Report on injury.
47.—(1.) As soon as practicable after the occurrence of an accident resulting in personal injury to an eligible person, that person shall make to a responsible officer of the management a report specifying—
(a) the name and address of the eligible person;
(b) the date and time of the accident; and
(c) in ordinary language, the nature of the injury and the cause of the accident and of the injury.
(2.) A responsible officer of the management shall, as soon as practicable, and in any event not later than fourteen days after an injury is sustained by an eligible person, forward to the Deputy Director of Personnel of the Allied Works Council in the State in which the injury was sustained, a report in accordance with the approved form setting out full particulars of the circumstances under which the injury was sustained.
Limitation of claims under other schemes.
There shall not be payable, whether to the person injured or to any other person—
(a) in respect of any service injury or war injury—any such compensation or other benefits as, but for the provisions of this regulation, would be payable—
(i) under any law of the Commonwealth, or of a State or Territory of the Commonwealth, relating to workers, workmen’s or employees’ compensation (including compensation payable to employees of the Commonwealth);
(ii) under any scheme or arrangement authorized or approved in pursuance of any such law; or
(iii) under any provision of any award or determination of any Court or authority relating to compensation of the kind mentioned in sub-paragraph (i) of this paragraph; or
(b) in respect of any war injury—any such damages as, but for the provisions of this regulation, would, whether by virtue of any law of the Commonwealth or of a State or Territory of the Commonwealth, by virtue of any contract, or at common law, be payable by any person on the ground that the injury in question was attributable to some negligence, nuisance or breach of duty for which the person by whom compensation or damages would be payable is responsible.
Persons entitled to payments under other laws.
Notwithstanding anything contained in these Regulations, if an eligible person or a dependant, separated wife or separated widow of an eligible person, has received, or is entitled to receive, any other payment from the public funds of the Commonwealth or of a State or of a Territory of the Commonwealth (other than payments by way of superannuation) in respect of the incapacity or death of an eligible person—
(i) if that other payment exceeds the amount otherwise payable under these Regulations to the eligible person or the dependant, separated wife or separated widow—no amount under these Regulations shall be payable;
(ii) if that other payment does not exceed the amount otherwise payable under these Regulations—the amount otherwise payable under these Regulations shall be reduced by the amount of that other payment,
unless the Director-General otherwise directs.
Rights to damages.
50.—(1.) Where compensation or other benefit has been paid, or is, or may become, payable in respect of the death or incapacity of an eligible person, and any person has paid or is liable to pay any sum in settlement, or in composition, of a claim for damages in respect of that death or incapacity—
(a) the Director-General may take the amount of those damages or of that sum into account in such manner as he thinks just in assessing the compensation or other benefit payable to any person in relation to that death or incapacity, and may cancel, or vary the rate or amount of, any compensation or other benefit, accordingly; and
(b) on notice to that effect being served by the Director-General on the person liable to pay, or the person who has received or recovered, those damages or that sum, the compensation or other benefit paid in respect of that death or incapacity shall be a charge on the sum liable to be so paid, or the sum so received or recovered (as the case requires) and may be recovered by the Commonwealth as a debt due to the Crown.
(2.) Where, in the opinion of the Director-General, any person has, or may have, a right of action for damages which, if recovered, would be permitted to be taken into account under the last preceding sub-regulation, the Director-General may, if he sees fit, request that person to make a claim for those damages and, if necessary, to take, proceedings for the recovery thereof, allowing the Director-General to control and direct all matters in connexion with the conduct of the proceedings, and, subject to full compliance with the request, the Director-General shall indemnify that person against all costs of such proceedings.
(3.) Where a person—
(a) refuses or neglects to comply with a request of the Director-General under the last preceding sub-regulation;
(b) discontinues proceedings for the recovery of damages of the kind referred to in that sub-regulation; or
(c) accepts any sum in settlement or composition of his claim to any such damages,
and the Director-General considers that the refusal, discontinuance or acceptance is unreasonable, the Director-General may withhold or cancel any compensation otherwise payable to that person, or reduce the amount thereof.
Payments in excess may be recovered.
Where it is found that any compensation or other benefit which was not payable has been paid, the amount so paid may be recovered at any time from the person to whom it was paid or his legal representative as a debt due to the Crown.
Offences.
52. (1.) A person shall not—
(a) make, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any claim for compensation or other benefit under these Regulations, either for himself or for any other person;
(b) obtain any compensation or other benefit or any instalment thereof which is not payable;
(c) obtain payment of any compensation or other benefit or any instalment thereof by means of any false or misleading statement; or
(d) make or present to the Director-General or to any officer doing duty in relation to these Regulations, any statement or document which is false or misleading in any particular.
(2.) Any person convicted of an offence arising out of a contravention of this regulation may, in addition to the penalty imposed for the offence, be ordered by the Court by which he is convicted to repay to the Commonwealth any amount received by him in consequence of the act in respect of which he was convicted.
(3.) In any proceedings for any such offence the burden of proving the truth of the statement in respect of which the proceedings have been instituted, or the genuineness of the document presented, shall rest on the person accused.
THE SCHEDULES.
THE FIRST SCHEDULE. Reg. 12
Rates of Pension in Respect of Partial Incapacity.
Column 1.
Column 2.
Degree of Incapacity.
Percentage of Maximum Rate of Pension.
Not less than 90 per centum .............................
90
Less than 90 per centum but not less than 80 per centum...........
80
Less than 80 per centum but not less than 70 per centum...........
70
Less than 70 per centum but not less than 60 per centum...........
60
Less than 60 per centum but not less than 50 per centum...........
50
Less than 50 per centum but not less than 40 per centum...........
40
Less than 40 per centum but not less than 30 per centum...........
30
Less than 30 per centum but not less than 20 per centum...........
20
Less than 20 per centum but not less than 10 per centum...........
10
THE SECOND SCHEDULE. Reg. 13.
Degree of Incapacity for Specified Major Injuries.
For the purposes of this Schedule, the loss of a specified part of the body shall be deemed to include—
(а) the loss of the use of that part; and
(b) the loss of the efficient use of that part in and for the purpose of his employment:
Provided that in that case a percentage of the prescribed amount payable, equal to the percentage of the diminution of the full efficient use as aforesaid, may be awarded in lieu of the full amount.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.