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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These 1915 regulations set up the administrative machinery for paying war pensions under the War Pensions Act 1914 to injured Australian service members and their dependants, defining how claims are investigated, decided and paid (including trustees for minors or the incapacitated) and imposing time limits, conditions and penalties.
They created Australia’s first comprehensive national system for compensating wartime loss, shaping the country’s early veterans’ welfare administration.
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Direct links to the current provisions in War Pensions Regulations (Provisional).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1915. No. 41.
PROVISIONAL REGULATIONS UNDER THE WAR PENSIONS ACT 1914.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the War Pensions Act 1914 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-fifth day of March, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
for Treasurer.
WAR PENSIONS REGULATIONS.
1. These Regulations may be cited as the War Pensions Regulations.
2. In these Regulations, unless the contrary intention appears—
“Claim” means a claim for a pension in accordance with the War Pensions Act 1914.
“Claimant” means a person who has made a claim for a pension on behalf of himself, or on behalf of a person under the age of sixteen years, or on behalf of a person of unsound mind.
“Pensioner” means a person to whom a pension has been granted and includes a person under the age of sixteen years as well as a person of unsound mind.
“Commissioner” means the Commissioner of Pensions appointed under the Invalid and Old-age Pensions Act 1908-1912.
“Deputy Commissioner” means a Deputy Commissioner of Pensions appointed under the Invalid and Old-age Pensions Act 1908-1912.
“Special Magistrate” means a Special Magistrate appointed under the Invalid and Old-age Pensions Act 1908-1912.
“Registrar” means a Registrar of Pensions appointed under the Invalid and Old-age Pensions Act 1908-1912.
“Commonwealth Medical Referee” means a Commonwealth Medical Referee appointed by the Commissioner to examine claimants for pensions under the Invalid and Old-age Pensions Act 1908-1912.
“Incapacity” means bodily or mental infirmity which wholly or in part prevents the earning of a livelihood and which results or has resulted from employment in connexion with the warlike operations referred to in the Act.
C.2847.—Price, 8d.
“Trustee” means a person appointed to collect and disburse a pension payable on behalf of a pensioner under the age of sixteen years, or on behalf of a pensioner of unsound mind, or on behalf of a pensioner who consents to the payment of his pension to such person.
3. Where a person under the age of sixteen years or a person of unsound mind is entitled to a pension, a claim may be made on behalf of such person by any other person over the age of sixteen years, and the Commissioner or a Deputy Commissioner may direct that payment of the pension be made to a trustee for the benefit of the pensioner, provided that the appointment of a trustee may at any time be cancelled by the Commissioner or a Deputy Commissioner.
4. Every member of the Forces who claims a pension on the ground that he suffers from an incapacity shall prepare a claim in accordance with Form Z.
5. Every person who claims a pension on the ground that such person was or would have been a dependent of a member of the Forces shall prepare a claim in accordance with Form Y: Provided that where a dependant or dependants is or are under the age of sixteen years, the claim shall be made on Form X and the declaration on that form may be made, by any person who has a knowledge of the facts and who is more than sixteen years of age.
6. Every claim shall be forwarded by the claimant to a Registrar or a Deputy Commissioner, who shall note on the claim the date of its receipt by him.
7. Whenever a Registrar receives a claim, he shall arrange for hearing the claimant and some other person over the age of sixteen years who knows the circumstances of the person or persons for whom pension is claimed. If the claimant and such other person do not forthwith attend at the office of the Registrar, the Registrar shall, in Form W, request the claimant to attend there and to cause such other person to attend also: Provided that, for any special reason, the Registrar may dispense with the attendance of the claimant or such other person.
8. All evidence given orally to the Registrar by the claimant and such other person shall be recorded in accordance with Form U.
9. Where the claim has been made by or on behalf of an incapacitated member of the Forces, the Registrar shall question the claimant and such other person with a view to ascertaining whether, in the claim, the replies to questions and requests for information fairly represent the facts, and shall forthwith report the result by letter to a Deputy Commissioner, to whom at the same time the Registrar shall forward all the papers in the case.
10. Where the claim has been made by or on behalf of a dependant or dependants of a member of the Forces, the Registrar shall question the claimant and such other person with a view to ascertaining—
(a) the extent to which the person for whom a pension is claimed was dependent upon the earnings of the member of the Forces at the time of his death, or the extent to which such person would have been dependent upon the earnings of the member of the Forces but for the incapacity of such member; and
(b) the exact relationship which the person for whom a pension is claimed bears to the member of the Forces.
11. In the case of a claim made on behalf of a person under the age of sixteen years or on behalf of a person of unsound mind, the Registrar shall also question the claimant and such other person with a view to ascertaining the name and address of some person who is suitable for appointment as trustee.
12. If unable to satisfy himself by the examination of the claimant and such other person as to the extent of such dependence, and as to the nature of such relationship, and as to the name and address of a person suitable for appointment as trustee, the Registrar may, in accordance with Form T, address to the State police a request for inquiries and report. The Registrar may also address to any person a request in accordance with Form S, and may by letter request a Deputy Commissioner to ascertain any relationship by search at an office in which births, deaths, and marriages are registered.
13. When satisfied as to the extent of such dependence and the nature of such relationship and the name and address of a person suitable for appointment as trustee, the Registrar shall, in accordance with Form R, forthwith report the result of his investigations to a Deputy Commissioner, to whom also the Registrar shall at the same time forward all the papers in the case.
14. The Commissioner or the Deputy Commissioner or the Registrar may require any person whom he believes to be in a position to do so, to furnish to him a confidential written report as to the circumstances of, the names ages and means of livelihood of the dependants of, the family and blood relationships of, the means of livelihood of, and the age of any person who claims a pension or for whom a pension is claimed; and any person who, on being required to do so by the Commissioner or the Deputy Commissioner or the Registrar, fails to furnish a report within a reasonable time, or furnishes a report containing any statement which is untrue in any particular, shall be guilty of an offence, and shall be liable to a penalty not exceeding One hundred pounds.
15. Whenever a claim which has not been dealt with by a Registrar is received by a Deputy Commissioner, the latter shall forward the claim to a Registrar or a Special Magistrate for investigation.
16. Claims referred to a Special Magistrate for investigation shall be dealt with by him in the manner in which it is directed claims received by a Registrar shall be dealt with by the Registrar, and the Special Magistrate shall have in that respect the same powers and duties as a Registrar.
17. When the Registrar or the Special Magistrate is not in a position to make his report to the Deputy Commissioner within one week after the receipt of a claim, the Registrar or the Special Magistrate shall, by letter advise the Deputy Commissioner that such claim has been received and shall state why a delay has occurred. The Deputy Commissioner shall thereupon take such steps as to him seem calculated to insure an early conclusion of the investigation.
18. The Deputy Commissioner shall obtain from the Defence Department a copy of the record of the member of the Forces who is referred to in the claim. In the case of a member of the Forces who, it is claimed, suffers from an incapacity, the Deputy Commissioner may accept such evidence of incapacity as is part of the member’s record; but if not satisfied by that evidence, he shall take such other steps as to him seem desirable in order to ascertain the nature and extent of the incapacity. For this purpose he may request a Commonwealth Medical Referee to make an examination.
19. When the Deputy Commissioner finds that the member of the Forces died as a result of his employment in connexion with the warlike operations referred to in the Act, or when he finds sufficient evidence showing the nature and extent of an incapacity suffered by the member, he shall immediately forward ail the papers in the case to the Commissioner.
20. (1) Declarations under these Regulations may be made before any of the following persons:—
A postmaster or postmistress, or person in charge of a post office, a police, stipendiary, or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified medical practitioner, a notary public, a commissioner for affidavits, a registrar under the Invalid and Old-age Pensions Act 1908-1912, a minister of religion, an officer of the Commonwealth Department of the Treasury, or a member of the Parliament of the Commonwealth.
(2) If any person wilfully makes any false statement in any declaration provided for under these Regulations he shall be liable to a penalty not exceeding One hundred pounds.
21. Unless otherwise directed by the Commissioner, every Registrar shall keep a record, in accordance with Form L, of war pension claims received by him.
22. A medical certificate of incapacity may be in accordance with Form K.
23. On the grant of a pension, a pension certificate in accordance with Form J and an identification card in accordance with Form H shall be forwarded to a postmaster or other officer, who shall retain the identification card, and deliver the certificate to the pensioner or the trustee under departmental instructions.
24. The possession of any identification card shall be regarded as the authority of the postmaster or other officer to make payment of the pension thereon described: Provided that, as regards the method of paying and accounting, he shall follow such instructions as are from time to time issued by the Commissioner: Provided also that, if so instructed by the Commissioner or a Deputy Commissioner, the postmaster or other officer shall not make payment of the pension: Provided further that the postmaster or other officer shall not make payment of any instalment until he has made a note, in relation to such payment, on the pension certificate (Form J) which shall be produced to him for that purpose.
25. (1) Pensions shall be payable fortnightly, provided that a proportionate payment may be made for a number of days less than a fortnight.
(2) The amount of every fortnightly instalment shall be ascertained by dividing the annual pension by twenty-six.
26. The fortnights in respect of which instalments of pension are payable shall in every case commence on a Thursday and end on a Wednesday. Every such fortnight shall be known as a “pension fortnight,” and the first day of every “pension fortnight” shall be known as “pension Thursday.”
27. The due date of each instalment shall be the first day of the fortnight for which the instalment is payable.
28. The pensioner or the trustee shall give a receipt for each instalment, in avoidance with Form P.
29. No payment shall be made to any person other than the pensioner or the trustee, unless such person is the holder of an order in accordance with Form O.
30. An instalment of a pension granted to the widow of a member of the Forces shall not in any case be paid unless there is presented to the postmaster or other officer at the time of payment a declaration in Form N showing that, on the due date of such instalment, the widow had not married again.
31. An instalment of a pension payable to a trustee shall not in any case be paid unless there is presented to the postmaster or other officer at the time of payment a declaration in Form M showing that, on the due date of such instalment, the person on behalf of whom the pension is payable is alive.
32. Where the Commissioner or a Deputy Commissioner is satisfied that a pensioner is misspending money, the Commissioner or a Deputy Commissioner, if he considers it to be in the interests of the pensioner to do so, may suspend payment of the pension: Provided that in such a case the amount of the pension accrued during the period of suspension shall at a later date be paid to the pensioner or a trustee.
33. The Commissioner or a Deputy Commissioner may, with the consent of the pensioner, make payment of the pension to a trustee.
34. If a pensioner or a trustee loses his pension certificate, he may make application, in accordance with Form G, to a Deputy Commissioner for a duplicate certificate; and if the Deputy Commissioner issues a duplicate he shall notify the postmaster or other officer who is authorized to pay the pension. The duplicate shall bear across its face the word “duplicate,” together with a note in writing, under the hand of the Deputy Commissioner, stating the date on which the duplicate is issued.
35. If a pensioner or a trustee desires to permanently leave the place at which he resides to reside in another place, he may make application in Form ZZ to the postmaster or other officer authorized to pay the pension, and if such postmaster or other officer is satisfied that the request is a reasonable one, he shall make a note on the identification card and on the pension certificate, as follows:—”Payment to be made in future at . Also he shall make a note on the identification card as follows:— “The last payment made at this office was due on ‘pension Thursday,’ the 191 .” To such notes he shall add his signature, and shall forward the identification card by post to the office to which payment is to be transferred. After the receipt of the identification card at that office, the postmaster or other officer there shall, subject to any instructions issued by the Commissioner or a Deputy Commissioner, make payment of the pension as it falls due.
36. The application in accordance with Form ZZ shall, if approved by the postmaster or other officer, be transmitted to a Deputy Commissioner.
37. Any undrawn instalment of a pension due at the date of a pensioner’s decease, if applied for within six months after such decease, may be paid to such person as in the opinion of the Deputy Commissioner has a legal or equitable claim thereto. Provided that the Deputy Commissioner shall not authorize payment to any person who is not a legal representative of the deceased, until the Deputy Commissioner has satisfied himself that probate of will or letters of administration will not be applied for.
38. (1) Whenever the death of any person is reported to a Registrar of Deaths for registration, the Registrar of Deaths may inquire whether the deceased was a pensioner under the War Pensions Act 1914, and the person reporting the death shall state, to the best of his knowledge, whether the
deceased was a pensioner or not. It the decease
This is an opening excerpt, not the complete document.