Repatriation (Special Overseas Service) Regulations

STATUTORY RULES.

1963. No. 43.

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

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

Dated this twentieth day of March, 1963.

E. W. WOODWARD

Deputy of the Governor-General.

By His Excellency’s Command,

Signature of the Minister of State for Repatriation

Minister of State for Repatriation.

REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Repatriation (Special Overseas Service) Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-4).

Part II.—Pensions.

Division 1.—Claims for and payment of Pensions (Regulations 5-16).

Division 2.—Pension Appeals (Regulations 17-18).

Part III.—Assistance and Benefits.

Division 1.—General (Regulations 19-29).

Division 2.—Medical Treatment and Sustenance (Regulations 30-41).

Division 3.—Vocational Training (Regulations 42-45).

Division 4.—Education and Training of Children (Regulations 46-48).

Division 5.—Funeral Expenses (Regulations 49-50).

Division 6.—Recreation Transport Allowances (Regulations 51-53).

Division 7.—Allowances and Pensions to Dependants of Deceased Members (Regulations 54-61).

Division 8.—Miscellaneous Allowances and Expenses (Regulations 62-66).

Part IV.—Miscellaneous (Regulations 67-78).

Part V.—Application of Regulations to Female Members (Regulations 79-80).

* Notified in the Commonwealth Gazette on 24th May, 1963.

2207/63.—Price 1s. 10/21.3.1963.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“ applicant ” means a person who has made an application for himself, on behalf of another person under the age of sixteen years or on behalf of another person of unsound mind;

“ application ” means an application for assistance or other benefit under these Regulations;

“ approved form ” means a form approved by the Commission;

“ Board ” means a Repatriation Board appointed under the Repatriation Act;

“ claim ” means a claim for a pension;

“ claimant ” means a person who has made a claim for himself, on behalf of another person under the age of sixteen years or on behalf of another person of unsound mind;

“ deceased member ” means a member whose death was due to special service;

“ deceased unmarried member ” means a deceased member who was not, at any time during his life, married;

“ Deputy Commissioner ” means a Deputy Commissioner of Repatriation for a State appointed for the purposes of the Repatriation Act;

“ due to special service ”, in relation to the death or incapacity of a member, means that the death or incapacity has resulted from an occurrence that happened during the member’s special service in such circumstances that there is a liability under the Act to pay a pension in respect of the death or incapacity;

“ Education Board ” means a Soldiers’ Children Education Board established under Part VII. of the Repatriation Regulations;

“ medical officer ” means a duly qualified medical officer or practitioner nominated by the Commission or a Deputy Commissioner or who is employed in the Department;

“ pensioner ” means a person to whom a pension has been granted and to, or for the benefit of, whom the pension is being paid;

“ the Act ” means the Repatriation (Special Overseas Service) Act 1962;

“ the Department ” means the Repatriation Department;

“ the Repatriation Regulations ” means the Regulations called the Repatriation Regulations made under the Repatriation Act;

“ totally and permanently incapacitated ”, in relation to a member, means that, due to special service, the member is incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage;

“ Tribunal ” means a War Pensions Entitlement Appeal Tribunal, or an Assessment Appeal Tribunal, established under the Repatriation Act;

“ trustee ” means a trustee appointed under regulation 8 of these Regulations;

“ widow ” means the widow of a member, and includes a person eligible for a pension under section 8 of the Act;

“ wife ” means a wife of a member, and includes a person who is eligible for a pension under section 8 of the Act.

Definition of “dependants.”

4. For the purposes of paragraph (a) of sub-section (1.) of section 14 of the Act, persons, other than children of members, who are dependants of members within the meaning of section 6 of the Act are dependants to or in respect of whom assistance and benefits as prescribed by these Regulations may be granted under these Regulations.

Part II.—Pensions.

Division 1.—Claims for and Payment of Pensions.

Form of claims.

5. A claim shall be lodged with a Deputy Commissioner in accordance with the approved form.

Declarations by claimants.

6.—(1.) Where the approved form of claim, or a document relating to a claim for, or a review of, pension includes a declaration as to the correctness of the information set out in the claim or document, the declaration may be made before—

(a) a person before whom a statutory declaration may be made; or

(b) an officer of the Department.

(2.) Where a claim or document referred to in the last preceding sub-regulation is made on behalf of a person under the age of sixteen years, the declaration may be made by another person over the age of sixteen years who has a knowledge of the information set out in the claim or document.

Action on receipt of claims.

7.—(1.) A Deputy Commissioner, upon receipt of a claim, shall note on the claim the date of its receipt by him.

(2.) A Deputy Commissioner, upon receipt of a claim, shall arrange for the claim to be investigated and, upon completion of the investigation, shall submit the claim to a Board or the Commission for determination.

Appointment of trustees, &c.

8.—(1.) Where the Commission is satisfied that, having regard to the age, infirmity, ill-health or improvidence of a pensioner, it is expedient that payment of a pension or allowance payable to the pensioner should be made to another person on behalf of, or as trustee for, the pensioner, or where a pensioner consents to payment of a pension or allowance payable to him being so made, the Commission may, by instrument in writing—

(a) authorize payment of the pension or allowance to be made to another person on behalf of the pensioner; or

(b) appoint a person to be trustee, or itself assume the office of trustee, for the pensioner in respect of the pension or allowance.

(2.) Where the Commission has appointed a person to be the trustee, or has itself assumed the office of trustee, for a pensioner in respect of a pension or allowance, the pension or allowance—

(a) may be paid to the person so appointed, or to the Commission, as the case may be; and

(b) may, subject to the directions of the Commission, be disbursed or accumulated by the person so appointed, or may be disbursed or accumulated by the Commission, as the case may be, for the benefit of the pensioner or of any member of the family of, or person dependent on, the pensioner.

(3.) The Commission may at any time, by instrument in writing, revoke an authorization or appointment, or an assumption of the office of trustee, under this regulation.

(4.) In this regulation, “ pensioner ” means a person to whom a pension or allowance is payable under the Act or these Regulations.

Payment of pension.

9. Pensions payable under the Act shall be paid in the same manner as is provided from time to time for payment of pensions payable under the Repatriation Act.

Due date of instalments.

10.—(1.) The due date of each instalment shall, unless that date is a public holiday, be the first day of the fortnight for which the instalment is payable.

(2.) Where the due date is a public holiday, payment may be made on such other day as the Commission directs.

Receipt by pensioner or trustee.

11.—(1.) Where the pensioner or trustee applies personally for a payment by instalment of pension, he shall give a receipt for each instalment in accordance with the approved form.

(2.) A person authorized by the Commission to pay instalments of pension may refuse to pay an instalment of pension if he is not satisfied that the person presenting the receipt is the pensioner or trustee, as the case may be.

Payment to other persons.

12. Payment may be made to a person other than the pensioner or trustee if that person is the holder of an order, in the approved form, from the pensioner or trustee and he makes a declaration that he is not receiving the whole or portion of the instalment on his own behalf or on behalf of another person or firm, business or partnership in repayment of an advance or loan to the pensioner, or by way of, or in consequence of, a sale, assignment, charge, execution or insolvency, or in payment of a debt whether due or about to become due, from the pensioner.

Payment of instalment to female dependant or trustee.

13. Subject to the next succeeding regulation, a person authorized by the Commission to pay instalments of pension shall not pay in cash—

(a) an instalment of a pension granted to a single or widowed female dependant of a member unless, at the time of making the payment, there is presented to the authorized person a declaration in the approved form by the female dependant, or where a trustee has been appointed to receive payments on her behalf, by that trustee, declaring that, on the due date of the instalment, the female dependant had not married or re-married; or

(b) an instalment of pension payable to a trustee unless there is presented to the authorized person, at the time of making the payment, a declaration by the trustee in the approved form declaring that the person on whose behalf the pension is payable is alive.

Special provisions as to declarations.

14. Where the Commission is of opinion that it would be impracticable or seriously inconvenient to obtain the declarations required by the last preceding regulation on each occasion when an instalment is being paid, it may approve of those declarations being obtained at such intervals, not exceeding twelve months, as it determines.

Payment of undrawn instalment of pension of deceased pensioner.

15.—(1.) An undrawn instalment of a pension due at the date of death of a pensioner, if applied for within six months after the death, may be paid to the legal personal representative of the deceased pensioner or to such other person as a Deputy Commissioner determines.

(2.) A Deputy Commissioner shall not authorize payment to a person who is not a legal personal representative of the deceased pensioner until the Deputy Commissioner has satisfied himself that application is not likely to be made for probate of the will of, or letters of administration of the estate of, the deceased pensioner.

Notification of marriage &c., by female dependant.

16.—(1.) A female dependant to whom a pension is payable—

(a) who marries;

(b) who obtains a decree nisi of dissolution or nullity of her marriage; or

(c) against whom a decree nisi of dissolution or nullity of her marriage is obtained,

shall forthwith send a written notification of the fact to a Deputy Commissioner.

(2.) Where a person is convicted of an offence against this regulation, the court may, in addition to imposing a penalty in respect of the offence, order her to repay or return to the Commission any moneys received by her in consequence of her failure to send the written notification.

Division 2.—Pension Appeals.

Manner of carrying out appeals.

17. Appeals to the Tribunal in respect of pensions shall be lodged and decided in the same manner, with suitable modifications approved by the Commission or the Tribunal, as the case may be, as appeals are dealt with under the Repatriation Act in relation to pensions under that Act.

Undertaking as to secrecy.

18. Before any information contained in the records relating to his case is made available to an appellant under section 80 of the Repatriation Act as applied by the Act, the appellant or his representative shall sign an undertaking in accordance with the approved form to respect the confidential nature of that information and to use it only in so far as is necessary for the purpose of his appeal.

Part III.—Assistance and Benefits.

Division 1.—General.

Applications, how made.

19. Applications for a benefit or assistance shall be made in writing to a Deputy Commissioner in accordance with the approved form and shall set out the nature and extent of the benefit or assistance which the applicant applies for and the purposes for which the benefit or assistance is required.

Applications, how dealt with.

20. Subject to these Regulations, applications shall be dealt with in the manner laid down by the Commission from time to time.

Treatment of applications.

21. A benefit or assistance shall not be granted or payable in respect of a period before the date of lodgment of the application for the benefit or assistance except where the Commission is satisfied that, owing to special circumstances, a benefit or assistance should be granted or payable in respect of a period before that date.

Appeals.

22.—(1.) Where a Deputy Commissioner declines to grant the benefit or assistance applied for by an applicant, the applicant may appeal to the Commission against the decision and shall state in writing the grounds of the appeal.

(2.) The decision of the Commission shall be final.

Purpose of benefit and ability of applicant.

23.—(1.) A Deputy Commissioner shall not grant an application for a benefit or assistance unless he is satisfied that the purpose for which the benefit or assistance is required is likely to be achieved, having regard to the character, fitness and previous experience of the applicant.

(2.) In determining an application, the Deputy Commissioner shall take into consideration the benefits or assistance (if any) already received by the applicant.

Authority to pay or allot to agent.

24. A benefit or assistance granted under this Part to a person may, if a Deputy Commissioner considers it desirable, be paid or handed on that person’s behalf to such other person as the Deputy Commissioner thinks fit.

Security for assistance by way of loan or hire purchase.

25. A Deputy Commissioner may require a person to whom assistance by way of loan or hire purchase is granted under these Regulations to execute such legal documents, and to give such available security, in accordance with the approved form, as the Deputy Commissioner considers to be necessary to secure effectively repayment of the amount advanced, or payment of the value of the chattels obtained by hire purchase, as the case may be.

Writing off loans, &c.

26. Where the Commission is satisfied that a person who has obtained from the Commission a loan or chattels by hire purchase secured by a security is unable to repay the amount of the loan, or of interest on it, or of the value of the chattels, as the case may be, as stated in the security, or that for any other reason that an amount should be written off, the Commission may write off the whole or portion of the amount.

Security for property allotted as assistance by way of loan or hire purchase.

27.—(1.) Where property is allotted as assistance by way of a loan or hire purchase to a person, the amount of the value of the property shall be regarded as a debt due by that person, and that amount shall be repayable in the same manner and at the same rate of interest as a grant by way of loan or hire purchase, as the case may be, of that amount.

(2.) The person to whom the assistance is granted shall effectively secure the repayment of the amount of the value of the property allotted as assistance by such legal documents and such security as a Deputy Commissioner requires that person to execute or furnish.

Orders not to be transferred.

28.—(1.) A person to whom an order is granted under these Regulations shall not transfer the order to another person.

(2.) A trader or person to whom an order granted under these Regulations is presented shall not supply to the person presenting the order any money or goods in lieu of the goods specified in the order.

Review by Commission.

29. Where it appears to a Deputy Commissioner that sufficient reason exists for reviewing a grant of assistance or benefits under these Regulations, the Deputy Commissioner may review that grant and may increase, reduce or cancel it.

Division 2.—Medical Treatment and Sustenance.

Meaning of medical treatment.

30. For the purposes of this Division, “ medical treatment ” means, subject to such qualifications as the Commission with respect to any particular case or class of cases from time to time determines, medical, surgical, hospital and all other forms of treatment with a view to restoring a person to physical or mental health or alleviating suffering, and includes, subject to the same qualifications, the supply, renewal and repair of artificial replacements, surgical aids and appliances.

Treatment for war disabilities.

31. A Deputy Commissioner may provide medical treatment for a member in respect of an incapacity due to special service.

Treatment for incapacity not due to special service.

32.—(1.) Subject to the succeeding provisions of this regulation and to such conditions as the Commission determines, a Deputy Commissioner may provide medical treatment in respect of an incapacity that is not due to special service for a member who—

(a) is receiving a rate of pension upon total incapacity under the First Schedule to the Repatriation Act as applied by the Act;

(b) is receiving a rate of pension under the Second Schedule to the Repatriation Act as so applied;

(c) is receiving a pension under the First or Second Schedule to the Repatriation Act as so applied but, by virtue of the operation of sub-section (9.) of section 6 of the Act, at a reduced rate; or

(d) was receiving a pension under the First or Second Schedule to the Repatriation Act as so applied but the pension has been cancelled under section 43 of that Act as so applied.

(2.) A member is not eligible for medical treatment under this regulation at the expense of the Commonwealth if the incapacity is—

(a) an infectious or contagious disease;

(b) a chronic or incurable disease requiring treatment in an institution for a prolonged period;

(c) a condition caused by alcoholism or addiction to drugs; or

(d) a disease or disabling condition in respect of which the member—

(i) is eligible under a law of the Commonwealth or of a State or Territory of the Commonwealth for medical treatment at the expense of his employer;

(ii) is entitled to medical treatment under a scheme of contract medical attention; or

(iii) has recovered or received, or is entitled to recover or receive, the cost of medical treatment by way of damages or compensation from another person.

(3.) Where—

(a) medical treatment in respect of an incapacity that is not due to special service is provided for the member who is not eligible for such medical treatment at the expense of the Commonwealth; or

(b) the Commission considers that the circumstances are such that the expense of medical treatment provided for a member under sub-regulation (1.) of this regulation should not be borne by the Commonwealth,

the amount of the expense of the medical treatment shall, if the Commission so directs, be deemed to be an amount supplied to the member by way of loan and thereupon that amount is repayable to the Department in a lump sum or in such instalments as the Commission, in its discretion, determines.

Refusals to grant treatment.

33. Where a Medical Officer of the Department or a Local Medical Officer is of opinion that a member has caused a recurrence of, or has aggravated his incapacity, or has retarded his recovery by misconduct, neglect or any wilful act, or is recalcitrant to the prejudice of his fellow patients, a Deputy Commissioner may refuse to grant medical treatment or further medical treatment under this Division.

Non-liability in cases of unauthorized treatment.

34. The Commission is not liable for expenditure incurred without its authority in respect of medical treatment of a member or further medical treatment of the member after refusal to grant it under the last preceding regulation.

Surgical aids, &c.

35.—(1.) Where a Deputy Commissioner considers that renewals of, or repairs to, artificial replacements, surgical aids and appliances have been rendered necessary by the carelessness or wilful act of the member, the Deputy Commissioner may refuse to arrange for the necessary renewals or repairs, or may direct that the cost of effecting those renewals or repairs, or such portion of the cost as he considers reasonable, shall be borne by the member.

(2.) Except as otherwise determined by the Commission, an artificial replacement, surgical aid or appliance supplied to a member under this Division remains the property of the Commission, and the Commission may, at any time, if satisfied that the aid, appliance or replacement is not being put to proper use, require its return.

Sustenance allowance while undergoing medical treatment, &c.

36.—(1.) Where a member, other than a totally incapacitated member, is prevented from following his usual occupation—

(a) through the necessities of treatment for an incapacity due to special service; or

(b) through awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by such an incapacity,

a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member for the period for which he is so prevented, sustenance allowance at a rate not exceeding—

(c) the rate of pension, or, if the member is in receipt of a pension, the increase in the rate of pension to the rate of pension, which would be payable to the member under the First Schedule to the Repatriation Act upon his total incapacity; or

(d) if the member has a wife and children or a wife or children, the total of the rates of pension, or if the member is in receipt of a pension, the total of the increase in the rates of pension to the rates of pension, which would be payable to the member under the First Schedule to the Repatriation Act, and in respect of his wife and children or wife or children, as the case may be, under the Third Schedule to the Repatriation Act, upon his total incapacity.

(2.) For the purposes of the last preceding sub-regulation, the pension which would be payable to the member upon his total incapacity shall be deemed to be the pension specified in the first item in the First Schedule to the Repatriation Act.

(3.) Where a member is, with the authority of a Deputy Commissioner, receiving in-patient treatment at a hospital or similar institution for an incapacity due to special service and the total amount of—

(a) pension payable to the member and, if the member has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be;

(b) sustenance allowance granted to the member under sub-regulation (1.) of this regulation; and

(c) the member’s salary, wages and earnings,

during the period for which he is receiving that treatment is less than the total amount of pension payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Repatriation Act as applied by the Act, and if the member has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be, a Deputy Commissioner may, subject to the directions of the Commission, grant to the member a sustenance allowance or an additional sustenance allowance of a sum not exceeding the difference between those amounts.

(4.) Where—

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

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

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

(5.) Where sustenance allowance is granted under this regulation to a member who has a wife and children or a wife or children, the Commission may, in its discretion, direct that such part of the allowance as the Commission determines be paid to such persons as the Commission specifies.

(6.) For the purposes of section 120b of the Repatriation Act as applied by the Act, a sustenance allowance under this regulation is a prescribed sustenance allowance.

Sustenance during investigation.

37.—(1.) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, arrange for an investigation to be carried out in connexion with—

(a) a claim by a member that he is suffering an incapacity due to special service; or

(b) a pension in respect of a member.

(2.) Where, by reason of such an investigation or any medical treatment found necessary or expedient in connexion therewith, the member is prevented from following his usual occupation and is not engaged in any other remunerative occupation, a Deputy Commissioner may, subject to the next succeeding sub-regulation and to the directions of the Commission, grant to the member sustenance allowance in accordance with the scale specified in sub-regulation (1.) of the last preceding regulation.

(3.) Sustenance allowance under the last preceding sub-regulation ceases to be payable upon the day immediately following the date of determination by a Board or the Commission of the matter that necessitated the investigation.

(4.) For the purposes of section 120b of the Repatriation Act as applied by the Act, a sustenance allowance under sub-regulation (2.) of this regulation is a prescribed sustenance allowance.

Medical treatment for widows, &c.

38.—(1.) Subject to such conditions as the Commission determines, a Deputy Commissioner may provide medical treatment for widows and children of deceased members and for widowed mothers and widowed step-mothers of deceased unmarried members.

(2.) In this regulation, “ children ” includes persons who are in receipt of pensions under sub-section (4.) of section 39 of the Repatriation Act as applied by the Act.

Expenses of travelling for medical treatment or pension purposes.

39.—(1.) Where it is necessary for a person to travel—

(a) to obtain medical treatment;

(b) for restoration of his health;

(c) to be fitted for surgical aids or appliances or artificial replacements;

(d) to proceed to hospital; or

(e) for pension purposes,

a Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, grant the fares for the forward and return journeys of that person.

(2.) A Deputy Commissioner may, on the advice of a medical officer, authorize an attendant to accompany a person who is travelling for a purpose specified in the last preceding sub-regulation, and may pay—

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

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

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

(4.) The amount payable under the last preceding sub-regulation shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed the amount specified from time to time in sub-regulation (4.) of regulation 74 of the Repatriation Regulations.

Attendance allowances.

40.—(1.) This regulation applies to a member who is required by a Deputy Commissioner to attend in connexion with an incapacity of the member due to special service or an incapacity in respect of which he claims pension, or applies for medical treatment, on the ground that the incapacity is due to special service, at a place, being—

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

(b) the rooms of a medical officer or of a duly qualified medical practitioner, dentist, oculist, optician, physiotherapist or other person designated by a Deputy Commissioner;

(c) an artificial limb and appliance centre of the Department; or

(d) the Central Office or a Branch Office of the Department,

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

(2.) Where attendance at a place referred to in the last preceding sub-regulation by a member to whom this regulation applies, being an employee of another person, is for a period of less than one day and—

(a) that period, or part of that period, is during the hours in which he would, but for the attendance, be employed and receive salary and wages;

(b) he loses salary or wages as a result of the attendance; and

(c) his employer certifies in an approved form the amount of the loss of salary or wages,

a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to him an allowance for each hour included in the period in respect of which he lost salary or wages, at the rate prescribed from time to time by sub-regulation (3.) of regulation 74a of the Repatriation Regulations.

(3.) Where—

(a) a member to whom this regulation applies, not being an employee of another person, attends at a place referred to in sub-regulation (1.) of this regulation for a period of less than one day; and

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

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

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

the Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member an allowance, in respect of each hour of the period that the Deputy Commissioner is satisfied was the period during which the member would, but for his attendance, have been occupied in earning his living, at the rate prescribed from time to time by sub-regulation (3a.) of regulation 74a of the Repatriation Regulations.

(4.) Subject to the next succeeding sub-regulation, the maximum and minimum amounts of the allowance payable under this regulation in respect of a day or part of a day are the amounts prescribed from time to time by sub-regulation (4.) of regulation 74a of the Repatriation Regulations.

(5.) The aggregate of payments of allowance under this regulation in respect of more than one attendance in any one week commencing on a Thursday shall not exceed the amount prescribed from time to time by sub-regulation (5.) of regulation 74a of the Repatriation Regulations.

(6.) Subject to sub-regulation (4.) of this regulation, the amount of allowance shall not exceed the amount of the member’s salary or wages lost by him through attendance at a place referred to in sub-regulation (1.) of this regulation, or the amount of loss of earnings that a Deputy Commissioner is satisfied, for the purposes of sub-regulation (3.) of this regulation, has been suffered by the member, as the case may be.

(7.) The employer of a member to whom this regulation applies shall, if so required by a Deputy Commissioner, by notice in writing, furnish to an officer specified in the notice, within the time specified in the notice, written particulars of—

(a) the hours during which the member would, but for his attendance at a place referred to in sub-regulation (1.) of this regulation, have been employed on the day of that attendance;

(b) the rate of the member’s salary or wages in respect of that day; and

(c) the amount of the loss (if any) of salary or wages by the member by reason of his absence from his employment on that day.

Maximum amount of pension, sustenance and allowance.

41. The total payment by way of pension (excluding attendant’s allowance), sustenance allowance under regulation 36 or 37 of these Regulations and the allowance under the last preceding regulation for any period shall not exceed the amount payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Repatriation Act as applied by the Act.

Division 3.—Vocational Training.

Scheme of vocational training.

42. The Commission may establish a scheme for the vocational training of such discharged members and widows as the Minister determines.

Arrangements with States.

43. The Commission may, on behalf of the Commonwealth, make arrangements with any State for the use, for the purposes of this Division, of any services and facilities of the State in relation to vocational training.

Facilities in connexion with the scheme.

44.—The Commission may provide, or arrange for the provision of, facilities in connexion with any scheme established under this Division.

(2.) Subject to such conditions as the Minister determines, the Commission—

(a) may pay such allowances and expenses by way of gift or loan to persons eligible for or undergoing training under this Division as the Minister determines;

(b) may pay tuition and other like fees on behalf of persons undergoing training under this Division; and

(c) may provide or supply, or arrange for the provision or supply, by way of gift or loan to persons undergoing training under this Division, of such books, equipment, appliances and tools of trade as are necessary in connexion with the training.

Committees.

45.—(1.) The Minister may appoint such committees as he considers necessary—

(a) to advise and assist with respect to matters affecting the administration of the training under this Division; and

(b) to assist in the administration of the training under this Division.

(2.) The members of a committee established under the last preceding sub-regulation shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.

Division 4.—Education and Training of Children.

Definition.

46. In this Division, “ eligible child ” means a child (whether under the age of sixteen years or not) of—

(a) a deceased member;

(b) a totally and permanently incapacitated member;

(c) a member who is blind or whose eyesight is, in the opinion of the Commission, so defective that he has no useful sight, and whose blindness or defective eyesight is due to special service; or

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

(i) has been granted a pension at the maximum rate specified from time to time in the Second Schedule to the Repatriation Acts as applied by the Act; and

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

and includes a step-son, step-daughter, adopted child or ex-nuptial child of the member.

Education scheme.

47.—(1.) The Commission shall establish a scheme for providing facilities for the education and training of eligible children and may cooperate with the Education Boards in the execution of the scheme.

(2.) For the purposes of the scheme established under the last preceding sub-regulation, an Education Board and the Commission may, in relation to that scheme, exercise the same powers and perform the same functions as an Education Board and the Commission respectively, exercise and perform under Part VII. of the Repatriation Regulations in relation to the Soldiers’ Children Education Scheme prepared under that Part.

Education benefits.

48. The Commission may make such arrangements and pay such amounts as it considers necessary for the care and education of an eligible child for any period prior to the child’s admission to such a scheme.

Division 5.—Funeral Expenses.

Funeral expenses of deceased members.

49.—(1.) A Deputy Commissioner may grant a sum towards the funeral expenses of a member—

(a) whose death is due to special service;

(b) who dies in indigent circumstances; or

(c) who dies in an institution, or while proceeding to or from an institution, to which he had been authorized to proceed for the purposes of medical treatment or investigation under Division 2 of this Part.

(2.) A Deputy Commissioner may, in addition to the sum referred to in the last preceding sub-regulation, grant a sum towards the cost of transportation of the remains of a member referred to in paragraph (a) or (c) of that sub-regulation to the place where the member usually resided or to such other place as the Deputy Commissioner approves.

(3.) The amount that may be granted for a purpose under this regulation shall not exceed the maximum amount for the corresponding purpose prescribed from time to time by sub-regulation (1.) of regulation 179 of the Repatriation Regulations.

Funeral expenses of dependants of deceased members.

50. A Deputy Commissioner may grant a sum, not exceeding the maximum amount prescribed from time to time by sub-regulation (2.) of regulation 179 of the Repatriation Regulations, towards the funeral expenses of any of the following persons who dies in indigent circumstances:—

(a) a widow of a deceased member;

(b) a child of a deceased member;

(c) a widowed mother of a deceased unmarried member who became a widow before or within three years after the death of the member;

(d) a widowed mother of a deceased unmarried member (being a member who was born out of wedlock and brought up by her) who became a widow before or within three years after the death of the member;

(e) an unmarried mother of a deceased unmarried member (being a member who was brought up by her); and

(f) a widowed step-mother of a deceased unmarried member who became a widow before or within three years after the death of the member.

Division 6.—Recreation Transport Allowances.

Recreation transport allowances.

51. A Deputy Commissioner may, subject to the directions of the Commission, pay allowances in accordance with this Division in respect of the cost of transport for the purpose of recreation of members within the classes of members specified in this Division.

Allowance for severely incapacitated members.

52.—(1.) An allowance under this Division at the rate prescribed from time to time by sub-regulation (2.) of regulation 104a of the Repatriation Regulations in any one month is payable in the case of a member who, due to special service—

(a) has lost both legs above the knees;

(b) is totally and permanently incapacitated, his powers of locomotion being negligible and not capable of operation for more than short distances with the aid of crutches or walking sticks; or

(c) is handicapped with regard to locomotion to a degree that, in the opinion of the Commission, renders the effect of his incapacity similar to that of the classes of members referred to in the preceding paragraphs of this sub-regulation.

(2.) An allowance under this Division at the rate prescribed from time to time by sub-regulation (3.) of regulation 104a of the Repatriation Regulations in any one month is payable in the case of a member who, due to special service—

(a) has lost both arms at or above the wrist;

(b) has lost one leg above the knee and the other leg below the knee;

(c) has lost both legs below the knee;

(d) has lost one leg above or below the knee and one arm below the elbow; or

(e) is incapacitated to an extent that, in the opinion of the Commission, is similar in effect or in severity to the incapacity specified in one of the preceding paragraphs of this sub-regulation.

53. For the purposes of this Division—

Interpretation.

(a) a leg that has been rendered permanently and wholly useless above or below the knee shall be deemed to have been lost above or below the knee, as the case may be; and

(b) an arm that has been rendered permanently and wholly useless above the wrist or below the elbow shall be deemed to have been lost above the wrist or below the elbow, as the case may be.

Division 7.—Allowances and Pensions to Dependants of Deceased Members.

Allowances to certain widows.

54. Subject to such conditions as the Commission determines, an allowance at the rate per fortnight prescribed from time to time by regulation 176d of the Repatriation Regulations may be paid to a widow—

(a) who has attained the age of fifty years;

(b) who, in the opinion of the Commission, is permanently unemployable; or

(c) who has a child (and has the care and custody of that child, or has made arrangements for the care and custody of the child in circumstances which, in the opinion of the Commission, warrant payment of the allowance) and the child—

(i) is undergoing a course of education or training approved for the purpose of this regulation by the Commission and is not in receipt of, or entitled to be paid, a wage that, in the opinion of the Commission, is an adequate living wage; or

(ii) is under the age of sixteen years.

Widowed mother.

55.—(1.) The rate of pension specified for prescribed cases in the second item of Table A of the Third Schedule to the Repatriation Act as applied by the Act may be assessed in the case of an unmarried member’s widowed mother who—

(a) was dependent upon the member prior to his enlistment or at any time during his service;

(b) is resident in the Commonwealth or any Territory of the Commonwealth; and

(c) would not be in receipt of an income from all sources (including the pension) exceeding per fortnight the amount prescribed by regulation 59 of these Regulations.

(2.) For the purposes of this regulation, the widowed mother of an unmarried member shall be deemed to have been dependent upon the member prior to his enlistment if, at the time of the member’s enlistment, she would have been dependent upon the member but for his enlistment before he reached a reasonable earning capacity.

Children of deceased members.

56. The additional pension, of an amount not exceeding Twelve shillings per fortnight, specified for prescribed cases in the third item of Table A of the Third Schedule to the Repatriation Act as applied by the Act, may be assessed in the case of a deceased member’s child—

(a) whose mother is dead;

(b) who has been deserted by his mother;

(c) who is neglected by his mother so as to necessitate his removal from her care; or

(d) whose mother is an inmate of a mental institution,

if the child is in necessitous circumstances and is placed with a guardian.

Parent of deceased unmarried member.

57.—(1.) The rate of pension specified for prescribed cases in paragraph (b) of the fourth item of Table A of the Third Schedule to the Repatriation Act as applied by the Act may, subject to the next succeeding sub-regulation, be assessed in the case of the parent of a deceased unmarried member, being—

(a) his father, if he is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member;

(b) his mother, if her husband is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member, and she was married to that husband prior to the enlistment of the member;

(c) his mother, if she is divorced or has been deserted by her husband and the divorce or desertion occurred prior to or within three years after the death of the member; or

(d) his step-mother, if she is widowed, divorced or has been deserted by her husband, if the death of the husband, the divorce or the desertion occurred prior to or within three years after the death of the member.

(2.) The pension under this regulation is not payable unless the parent of the deceased unmarried member—

(a) was dependent upon the member prior to his enlistment or at any time during special service;

(b) is resident in the Commonwealth or a Territory of the Commonwealth; and

(c) would not be in receipt of an income from all sources (including that pension) exceeding per fortnight the amount prescribed by regulation 59 of these Regulations.

(3.) For the purposes of this regulation, the parent of a deceased unmarried member shall be deemed to have been dependent upon the member prior to his enlistment if, at the time of the member’s enlistment, the parent would have been dependent upon the member but for his enlistment before he reached a reasonable earning capacity.

(4.) Where a rate of pension has been assessed in pursuance of this regulation as payable to a mother or to a step-mother (other than a widowed step-mother) and her husband dies subsequently, the pension continues to be so assessed unless upon his death she is eligible for a pension under regulation 55 of these Regulations.

Aged parent of deceased member.

58. The rate of pension specified for prescribed cases in paragraph (b) of the fourth item of Table A of the Third Schedule to the Repatriation Act as applied by the Act may be assessed in the case of a deceased member’s parent who—

(a) has attained the age of—

(i) in the case of a man—sixty-five years; or

(ii) in the case of a woman—sixty years;

(b) is resident in the Commonwealth or a Territory of the Commonwealth; and

(c) would not be in receipt of an income from all sources (including that pension) exceeding per fortnight the amount prescribed by the next succeeding regulation.

Standard allowed income in the case of widowed mother, parent of deceased unmarried member and aged parent.

59. The income from all sources (including the pension) referred to in paragraph (c) of sub-regulation (1.) of regulation 55, in paragraph (c) of sub-regulation (2.) of regulation 57 and in paragraph (c) of regulation 58, respectively, of these Regulations shall be—

(a) where the widowed mother or parent, as the case may be, is blind—an amount representing one twenty-sixth of the total sum per annum which may be received by a pensioner (being a permanently blind person) by way of income and pension or allowance under Part III. of the Social Services Act 1947-1962; or

(b) in any other case—an amount representing one twenty-sixth of the total sum per annum which may be received by a pensioner (not being a permanently blind person) by way of income and pension or allowance under Part III. of that Act.

Continuation of pension in certain cases during temporary absence from Commonwealth and Territories.

60. Where a person who is in receipt of a pension under regulation 55, regulation 57 or regulation 58 of these Regulations departs for a place outside the Commonwealth and the Territories of the Commonwealth and, in the opinion of the Commission, his absence is of a temporary nature, the Commission may continue payment of the pension at the rate assessed for such period, not exceeding six months, as the Commission determines.

Allowance to re-married widow of deceased member who is again widowed.

61. A Deputy Commissioner may, having regard to the circumstances of the case, grant to the widow of a deceased member—

(a) who has re-married and is again widowed;

(b) who is without adequate means of support; and

(c) who is resident in Australia or a Territory of the Commonwealth,

an allowance, not exceeding the amount of allowance per fortnight payable from time to time under regulation 176 of the Repatriation Regulations to a widow in similar circumstances.

Division 8.—Miscellaneous Allowances and Expenses.

Decoration allowances.

62.—(1.) A member who is awarded a decoration in respect of his special service is, subject to this regulation, entitled to payment of a gratuity, annuity, allowance or addition to pension, as the case may be,

at such rate and in accordance with such conditions, mutatis mutandis, as are prescribed or specified from time to time by or under any law of the United Kingdom in respect of like decorations awarded to members of Her Majesty’s Forces raised in the United Kingdom.

(2.) Where the Government of the United Kingdom undertakes to pay a gratuity, annuity, allowance or addition to pension to a member, that member is not entitled to a like payment under this regulation.

(3.) In this regulation, “ decoration ” includes a medal and a bar to any decoration or medal.

Clothing allowance.

63.—(1.) A Deputy Commissioner may grant to a member who is in receipt of a pension for the loss of a leg or arm, leg and arm, both legs or both arms or for the loss of a leg (where a tilting table artificial limb must be worn), a clothing allowance at the rate per fortnight prescribed from time to time by sub-regulation (1.) of regulation 180a of the Repatriation Regulations for an incapacity of that description.

(2.) Where a Deputy Commissioner is satisfied that it is necessary for a member to whom a clothing allowance is payable under the last preceding sub-regulation at a rate less than the highest rate prescribed from time to time by sub-regulation (1.) of regulation 180a of the Repatriation Regulations to use a cratch or crutches in addition to any other artificial aid, the Deputy Commissioner may increase the rate of that allowance to that highest rate.

(3.) Where a member is in receipt of a pension for an incapacity, other than an incapacity specified in sub-regulation (1.) of this regulation, which results in exceptional wear and tear or damage to the member’s clothing, a Deputy Commissioner may grant to that member a clothing allowance of such amount or at such a rate as the Deputy Commissioner determines.

(4.) The amount payable under the last preceding sub-regulation, whether paid in a lump sum or by instalments, shall not, in any period of twelve months exceed the amount prescribed from time to time by sub-regulation (4.) of regulation 180a of the Repatriation Regulations.

(5.) An allowance under sub-regulation (3.) of this regulation may be granted to a member entitled to an allowance for an incapacity referred to in sub-regulation (1.) of this regulation, in addition to the allowance payable under sub-regulation (1.) or (2.) of this regulation.

(6.) For the purposes of this regulation—

(a) a member who has lost a hand shall be deemed to have lost an arm; and

(b) a member who has lost a foot shall be deemed to have lost a leg.

Grants to necessitous members.

64. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, grant by way of gift or loan an amount, not exceeding the amount prescribed from time to time by regulation 177 of the Repatriation Regulations, to a member who—

(a) has, in the opinion of the Commission or the Deputy Commissioner, suffered material prejudice as a consequence of his special service; and

(b) is, in the opinion of the Deputy Commissioner, in necessitous circumstances and requires immediate relief.

Payment or reimbursement of medical witnesses’, &c., expenses.

65.—(1.) Where a claim or application, or an appeal to the Commission or a Tribunal, is allowed, whether wholly or in part, and the claimant, applicant or appellant incurs expense in support of the claim, application or appeal in providing for the attendance of medical witnesses or for the production of certificates, reports or other documents from medical practitioners or from a hospital or similar institution in which he has obtained medical treatment, the Commission may, in accordance with such scale as is approved by the Commission, pay or reimburse the claimant, applicant or appellant the expenses so incurred in support of the whole, or such part, as the case may be, of his claim, application or appeal as is allowed.

(2.) Expenses shall not be paid or reimbursed unless the Board, Commission or Tribunal certifies that the attendance or production was reasonable for the purposes of supporting the whole, or such part, as the case may be, of the claim, application or appeal as is allowed.

Expenses and allowances of appellants.

66. There is payable to an appellant who attends a sitting of a Tribunal the same allowances and expenses as are payable to appellants before a Tribunal under the Repatriation Regulations.

Part IV.—Miscellaneous.

Improper use of gifts or loans.

67. A person to whom assistance has been granted under these Regulations for any purpose, shall not, without first obtaining the consent of a Deputy Commissioner—

(a) use the money or goods for another purpose; or

(b) sell or otherwise dispose of, or in any way pledge, mortgage or deposit, by way of security, any goods so granted or any goods purchased with any money so given or lent.

Advances not to be made on security of pension.

68.—(1.) A person shall not advance money or goods, or offer or promise to advance money or goods, to a pensioner or to a person on his behalf on the security (whether sole or collateral) of his pension or of an instalment of his pension, and a person shall not purport to accept a transfer or assignment of, or to create a charge on, his pension or instalment.

(2.) A pensioner shall not obtain an advance of money or goods upon the security of his pension, or an instalment of his pension, and a pensioner shall not purport to transfer or assign or create a charge on his pension or an instalment of his pension.

Power of Deputy Commissioner to require information.

69.—(1.) A person shall, if so required by a Deputy Commissioner by notice in writing, furnish to an officer specified in the notice, within the time specified in the notice—

(a) a confidential written report of the facts within his knowledge relating to a matter specified; in the notice; or

(b) written answers to questions specified in the notice,

concerning any claimant, applicant, pensioner, or person to or in respect of whom a pension, sustenance or other allowance has been claimed, applied for or granted.

(2.) No action or proceeding, civil or criminal, except an action or proceeding authorized by the Act or by these Regulations, lies against a person in respect of information in a report or answer furnished by him under this regulation.

Prohibition of certain acts in relation to assistance and benefits.

70.—(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, an application for assistance or benefits, or a review of assistance or benefits, granted under these Regulations;

(b) obtain assistance or benefits which are not payable;

(c) obtain payment of any moneys by means of a false or misleading statement; or

(d) make or present to the Minister, the Commission or an officer doing duty in relation to the Act or these Regulations, a statement or document which is false in any particular.

Penalty: Twenty-five pounds or imprisonment for three months.

(2.) Where a person is convicted of an offence under this regulation, the court may, in addition to imposing a penalty in respect of the offence, order him to repay or return to the Commission any money, allowances or goods received by him in consequence of the act in respect of which he was convicted.

Signature to forms.

71.—(1.) An approved form for the purposes of these Regulations that is required to be signed by a 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 an approved form, the mark shall be deemed to be his personal signature if it is identifiable as his mark 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 another person on an approved form.

(4.) A person shall not sign his name on an approved form for the purposes of 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.

Compliance with forms.

72. Strict compliance with an approved form is not necessary and substantial compliance is sufficient.

Offences.

73. A person who wilfully acts in contravention of, or wilfully fails to comply with, a provision of these Regulations shall be guilty of an offence and, if no other penalty is prescribed, is liable upon conviction to a penalty not exceeding Twenty-five pounds.

Time for commencement of prosecution.

74. A prosecution in respect of an offence against these Regulations shall not be commenced at any time after the expiration of the period of three years from the commission of the offence.

Delegation by the Commission.

75.—(1.) The Commission may, either generally or in relation to a matter or class of matters and either in relation to the whole or part of the Commonwealth, by writing under its seal, delegate all or any of its powers and functions under these Regulations, except this power of delegation and its powers as trustee under regulation 8 of these Regulations.

(2.) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.

(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the Commission.

(4.) Where the exercise of a power or the performance of a function by the Commission under these Regulations, or the operation of a provision of these Regulations, is dependent upon the opinion or belief of the Commission in relation to a matter, that power or function may be exercised or performed by the delegate, or that provision may operate, upon the opinion or belief of the delegate in relation to that matter.

Exercise by Commission of powers of Deputy Commissioner or Education Board.

76.—(1.) A power or authority vested by these Regulations in a Deputy Commissioner or an Education Board may be exercised by the Commission.

(2.) Where the exercise of a power or authority by a Deputy Commissioner or an Education Board under these Regulations, or the operation of a provision of these Regulations, is dependent upon the opinion or belief of the Deputy Commissioner, or an Education Board, in relation to a matter, that power or authority may be exercised by the Commission, or that provision may operate, upon the opinion or belief of the Commission in relation to that matter.

(3.) For the purpose of the last preceding sub-regulation, “the Commission” includes, in relation to a power or authority delegated by the Commission under the last preceding regulation, the person to whom that power or authority has been delegated.

Exercise of powers by a Deputy Commissioner or Education Board.

77. A power or authority exercisable by a Deputy Commissioner under these Regulations is subject to such conditions as the Commission determines.

Power of the Commission to enter into contracts.

78. The Commission may enter into contracts for any purpose connected with, or incidental to, the administration of the Act or of these Regulations, including contracts for the purchase or sale of commodities.

Part V.—Application of Regulations to Female Members.

Interpretation.

79. For the purposes of the application of these Regulations to female members—

(a) a reference to a member shall be read as a reference to a female member;

(b) a reference to the wife of a member shall be read as a reference to the husband of a female member; and

(c) a reference to the widow of a member shall be read as a reference to the widower of a female member.

Limitations on assistance and benefits to dependants of female members.

80.—(1.) An allowance or benefit under these Regulations shall not be granted to a dependant of a deceased female member unless the dependant would, but for the death of the female member, be so dependent.

(2.) An allowance or benefit under these Regulations shall not be granted to a child of the female member, unless the female member is dead and the child is without adequate means of support or, if the member is not dead, unless—

(a) the father or step-father of the child—

(i) is, by reason of physical or mental incapacity, unable to earn a livelihood and is without adequate means of support; or

(ii) is dead or is separated or divorced from, or has deserted, the member; and

(b) the child is wholly or substantially dependent upon the member and is without adequate means of support.

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