REPATRIATION REGULATION (AMENDMENT) 1985 NO. 45 REPATRIATION REGULATION (AMENDMENT) 1985 NO. 45 - TABLE OF PROVISIONS 1. Interpretation 2. Repeal of regulations 7 and 8 3. Repeal of regulation 10 4. Declarations by claimants 5. Repeal of regulation 13 6. Repeal of regulations 13B and 13C 7. 8. Repeal of regulations 15 and 16 9. Repeal of regulations 19, 20, 21, 22 and 23 10. Repeal of regulation 28 11. 12. Allowance while undergoing medical treatment, &c. 13. Repeal of regulation 72 14. Attendance allowance 15. Funeral expenses 16. Repeal of regulation 182 17. 18. 19. 20. Extension of certain provisions to certain members of the Defence Force 21. Schedule 1 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 1 Interpretation 1. Regulation 5 of the Repatriation Regulations is amended- (a) by omitting from sub-regulation (1) the definition of "claimant" and substituting the following definition: " 'claimant' means a person who- (a) has made a claim under the Act for a pension payable to that person or applied for an increase in the rate of a pension payable under the Act to that person; or (b) has, in accordance with section 27 of the Act, made a claim under the Act on behalf of another person for a pension payable to that other person or has, in accordance with that section, applied for an increase in the rate of a pension payable to another person under the Act;"; and (b) by omitting from sub-regulation (1) the definitions of "Registrar" and "Special Magistrate". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 2 Repeal of regulations 7 and 8 2. Regulations 7 and 8 of the Repatriation Regulations are repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 3 Repeal of regulation 10 3. Regulation 10 of the Repatriation Regulations is repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 4 Declarations by claimants 4. Regulation 12 of the Repatriation Regulations is amended- (a) by omitting from sub-regulation (1) "a Special Magistrate, a Registrar,"; (b) by omitting from sub-regulation (1) "a secretary to a Local Committee,"; (c) by omitting from sub-regulation (1) "an officer of the Department of Trade and Customs, a member of the Police Force of the Commonwealth or of a State or of a Territory of the Commonwealth" and substituting "a member of the Australian Federal Police or a member of the police force of a State or of the Northern Territory"; and (d) by omitting from sub-regulation (1) "a Registrar under the Social Services Consolidation Act 1947,". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 5 Repeal of regulation 13 5. Regulation 13 of the Repatriation Regulations is repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 6 Repeal of regulations 13B and 13C 6. Regulations 13B and 13C of the Repatriation Regulations are repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 7 7. Regulation 14A of the Repatriation Regulations is repealed and the following regulation substituted: Payment or reimbursement of expenses for the production of medical reports, &c. "14A. (1) Where the Commission allows a claim or application, whether wholly or in part, and the claimant or applicant has incurred expense in support of the claim or application in providing for the production of certificates, reports or other documents from medical practitioners or from a hospital or similar institution in which the claimant or applicant has obtained medical treatment, the Commission may, in accordance with such scale as is approved by the Commission, pay or reimburse the claimant or applicant the expense so incurred in support of the whole, or such part, as the case may be, of the claim or application as is allowed. "(2) Where, on the review of a decision of the Commission under sub-section 90C (1) of the Act- (a) a claimant is granted a service pension; or (b) a decision cancelling or suspending a service pension is set aside, and the claimant has incurred expense in connection with the review in providing for the production of certificates, reports or other documents from medical practitioners or from a hospital or similar institution in which the claimant has obtained medical treatment, the Commission may, in accordance with such scale as is approved by the Commission, pay or reimburse the claimant the expense so incurred. "(3) Expenses shall not be paid or reimbursed under this regulation unless the production of the certificates, reports or other documents was reasonable for supporting the claim or application, or the claimant's case on the review. "(4) In this regulation- 'applicant' means a person by or on behalf of whom an application has been made; 'application' means- (a) an application under sub-section 26 (1) of the Act for an increase in the rate of a pension payable to a member of the Forces; or (b) an application under sub-section 26 (2) of the Act for a pension for a member of the Forces; 'claim' means- (a) a claim under section 25 of the Act for a pension for a member of the Forces or for a dependant of a deceased member of the Forces; or (b) a claim under section 88 of the Act for a service pension; 'claimant' means a person by or on behalf of whom a claim has been made.". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 8 Repeal of regulations 15 and 16 8. Regulations 15 and 16 of the Repatriation Regulations are repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 9 Repeal of regulations 19, 20, 21, 22 and 23 9. Regulations 19, 20, 21, 22 and 23 of the Repatriation Regulations are repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 10 Repeal of regulation 28 10. Regulation 28 of the Repatriation Regulations is repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 11 11. Division 3 of Part II of the Repatriation Regulations is repealed and the following Division substituted: "Division 3-Veterans' Review Board Interpretation "40. In this Division 'applicant' has the same meaning as in Part IIIA of the Act. Allowances payable to members of the Veterans' Review Board "41. For the purposes of sub-section 107VZE (2) of the Act the following allowances are prescribed, namely the allowances payable to an officer of the Australian Public Service. Travelling expenses payable to applicants "42. For the purposes of sub-section 107VZR (1) of the Act the following travelling expenses are prescribed: (a) the cost of conveyance; (b) the cost of accommodation for each night during which the applicant is necessarily absent overnight from the applicant's place of residence for the purpose of attending at the hearing of the review by the Board. Fees for witnesses "43. (1) Subject to sub-regulation (2), a person, other than the applicant, summoned to appear as a witness at a hearing before the Board shall be paid the fees and allowances for expenses, in respect of the attendance, that are determined by the member of the Board presiding at the hearing in accordance with the scale in Schedule 2 to the Administrative Appeals Tribunal Regulations as in force from time to time. "(2) No amount is payable under this regulation in respect of travel undertaken by a witness outside Australia. Summons "44. A summons under paragraph 107VV (2) (a) of the Act- (a) shall be in accordance with Form T; and (b) shall be served on a person by- (i) delivering a copy of the summons to the person personally; and (ii) showing the original of the summons to the person at the time at which the copy is delivered.". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 12 Allowance while undergoing medical treatment, &c. 12. Regulation 71 of the Repatriation Regulations is amended by omitting from paragraph (16) (d) "regulation 72" and substituting "sub-section 28 (1) of the Act". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 13 Repeal of regulation 72 13. Regulation 72 of the Repatriation Regulations is repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 14 Attendance allowance 14. Regulation 74A of the Repatriation Regulations is amended- (a) by omitting from sub-regulation (1) " 'the appointed place' " and substituting "the 'appointed place' "; and (b) by omitting sub-regulations (2) and (3) and substituting the following sub-regulations: "(2) Where a member to whom this regulation applies- (a) is required by a Deputy Commissioner to attend at an appointed place in accordance with sub-regulation (1); (b) attends the appointed place as required; (c) loses salary or wages as a result of that attendance; and (d) furnishes to the Deputy Commissioner a certificate from the member's employer, in an approved form, stating the loss of salary or wages incurred by the member as a result of the attendance, the member is, subject to sub-regulations (3) and (5), entitled to be paid an allowance in respect of the attendance. "(3) A Deputy Commissioner may require a member who has applied for an allowance under sub-regulation (2) to produce a certificate from the member's employer, in an approved form, giving particulars of- (a) the hours during which the member would, but for the member's attendance at the appointed place, have been employed on the day or days of the attendance; (b) the rate at which salary or wages would have been payable to the member in respect of that day or those days; and (c) the amount of the loss (if any) of salary or wages incurred by the member by reason of the member's absence from the member's employment on that day or those days. "(4) Where a member to whom this regulation applies- (a) is not employed by another person; (b) is required by a Deputy Commissioner to attend at an appointed place in accordance with sub-regulation (1); (c) attends the appointed place as required; and (d) satisfies a Deputy Commissioner- (i) that the member would, but for the member's attendance, have been occupied during the whole or part of the period of the attendance in earning the member's living; and (ii) that the member has, because of not being so occupied, suffered a loss of earnings, the member is, subject to sub-regulation (5), entitled to an allowance in respect of the attendance. "(5) A member shall not be entitled to be paid an allowance under sub-regulation (2) or (4) in respect of an attendance at an appointed place during a period in respect of which the member is entitled to be paid an allowance under regulation 71 or 72A. "(6) The allowance payable under sub-regulation (2) or (4) in respect of the attendance of a member at an appointed place is- (a) an amount calculated in accordance with the formula- (B - C) A ------ , 80 where- A is the number of hours in the period in respect of which the member loses salary, wages or earnings; B is the Special Rate of Pension that may be granted under Schedule 2 to the Act to members who are totally and permanently incapacitated; and C is the total of any amounts payable to the member in respect of the period by way of war pension in respect of the incapacity of the member (other than the amount of any allowance payable to the member in accordance with Schedule 2 or 5 of the Act); or (b) an amount equal to- (i) in the case of a member to whom sub-regulation (2) applies, the loss of salary or wages incurred by the member as set out in the certificate of the member's employer; or (ii) in the case of a member to whom sub-regulation (4) applies, the loss of earnings, whichever is the less.". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 15 Funeral expenses 15. Regulation 179 of the Repatriation Regulations is amended by omitting from paragraph (1) (c) ", 66 or 72" and substituting "or 66 or for the purpose of an investigation under sub-section 28 (1) of the Act". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 16 Repeal of regulation 182 16. Regulation 182 of the Repatriation Regulations is repealed. 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 17 17. Regulation 183 of the Repatriation Regulations is repealed and the following regulation substituted: Exercise or performance by Commission of powers or functions of Deputy Commissioner or Education Board "183. (1) A power or function given by these Regulations to a Deputy Commissioner or an Education Board may be exercised or performed by the Commission. "(2) Where the exercise of a power, or the performance of a function, by a Deputy Commissioner or an Education Board under these Regulations is dependent upon the opinion or belief of the Deputy Commissioner or Education Board in relation to a matter, that power may be exercised, or the function may be performed, by the Commission upon the opinion or belief of the Commission in relation to the matter. "(3) For the purposes of sub-regulation (2), 'Commission' includes, in relation to a power or function delegated by the Commission under section 12 of the Act, the person to whom that power or function has been delegated.". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 18 18. After regulation 187 of the Repatriation Regulations the following regulation is inserted: Prescribed travelling expenses for the purposes of sub-section 29D (1) of the Act "187A. For the purposes of sub-section 29D (1) of the Act the following travelling expenses are prescribed: (a) the cost of conveyance; (b) the cost of accommodation for each night during which the claimant, applicant or person likely to be affected by the review is necessarily absent overnight from that person's place of residence for the purpose of attending before the Commission, or the delegate of the Commission, for the discussion in relation to the claim, application or review.". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 19 19. Regulation 188 of the Repatriation Regulations is repealed and the following regulations are substituted: Summons under paragraph 29B (1) (a) of the Act "188. A summons under paragraph 29B (1) (a) of the Act- (a) shall be in accordance with Form U; and (b) shall be served on a person by- (i) delivering a copy of the summons to the person personally; and (ii) showing the original of the summons to the person at the time at which the copy is delivered. Summons under sub-section 90C (2) of the Act "188A. A summons issued under the powers conferred by sub-section 90C (2) of the Act- (a) shall be in accordance with Form V; and (b) be served on a person by- (i) delivering a copy of the summons to the person personally; and (ii) showing the original of the summons to the person at the time at which the copy is delivered. Prescribed travelling expenses for the purposes of sub-section 107VZZA (1) of the Act "188B. For the purposes of sub-section 107VZZA (1) of the Act the following travelling expenses are prescribed: (a) the cost of conveyance; (b) the cost of accommodation for each night during which the party to the proceedings is necessarily absent overnight from the party's place of residence for the purpose of attending before the Administrative Appeals Tribunal in connection with the review.". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 20 Extension of certain provisions to certain members of the Defence Force 20. Regulation 200 of the Repatriation Regulations is amended by omitting from sub-regulation (2) "10,". 1985 No. 45 REPATRIATION REGULATION (AMENDMENT) - REG 21 Schedule 1 21. Schedule 1 to the Repatriation Regulations is amended- (a) by omitting from Form T "Regulation 46D" and substituting "Regulation 44"; (b) by omitting from Form T "Repatriation Review Tribunal" (twice occurring) and substituting "Veterans' Review Board"; (c) by inserting in Form T "the Repatriation Commission" after "decision by"; and (d) by adding at the end thereof the following forms: FORM U Regulation 188 REPATRIATION COMMISSION SUMMONS In the matter of the application by for a pension or an increased pension To (name and address of witness) YOU ARE HEREBY SUMMONED to appear before (the Repatriation Commission or a person to whom the Repatriation Commission has delegated its powers under section 29A or 31 of the Repatriation Act 1920) at (place, time and date of hearing) and on each subsequent day of the hearing conducted in relation to the abovementioned application until you are excused or released from further attendance to give evidence (* and to produce the following documents) .............................................................................. .. (Signature of person issuing summons and capacity in which that person issues the summons) Date.......................................................................... .. * Delete if inappropriate -------- FORM V Regulation 188A REPATRIATION COMMISSION SUMMONS In the matter of the application by for review of a decision of the Repatriation Commission To (name and address of witness) YOU ARE HEREBY SUMMONED to appear before (the Repatriation Commission or a person to whom the Repatriation Commission has delegated its powers under section 90C of the Repatriation Act 1920) at (place, time and date of hearing) and on each subsequent day of the hearing conducted in relation to the abovementioned matter until you are excused or released from further attendance to give evidence (* and to produce the following documents) .............................................................................. .. (Signature of person issuing summons and capacity in which that person issues the summons) Date.......................................................................... .. * Delete if inappropriate. - NOTES 1985 No. 45*1* REPATRIATION REGULATION*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 24 April 1985. *2* Statutory Rules 1943 No. 233 as amended by 1945 No. 48; 1946 No. 182; 1947 Nos. 72, 106, 149 and 169; 1948 Nos. 38, 43, 80, 135 and 137; 1950 No. 96; 1951 Nos. 7 and 58; 1952 Nos. 7, 88 and 101; 1953 No. 6; 1956 Nos. 32, 73 and 101; 1958 No. 22; 1960 Nos. 56 and 60; 1961 Nos. 74 and 139; 1962 No. 93; 1963 Nos. 57 and 104; 1965 No. 124; 1966 Nos. 65 and 168; 1967 No. 150; 1968 No. 122; 1969 No. 178; 1970 No. 150; 1972 Nos. 180 and 186; 1973 Nos. 25, 151 and 282; 1974 No. 57; 1975 No. 93; 1977 No. 167; 1978 No. 184; 1979 Nos. 53, 116, 172 and 223; 1980 No. 321; 1981 No. 310; 1982 No. 297; 1983 Nos. 83 and 252; 1984 No. 292.