AUSTRALIAN SOLDIERS’ REPATRIATION.

No. 22 of 1943.

An Act to amend the Australian Soldiers’ Repatriation Act 1920–1941, and for other purposes.

[Assented to 1st April, 1943.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Soldiers’ Repatriation Act 1943.

(2.) The Australian Soldiers’ Repatriation Act 1920–1941 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920–1943.

Commencement.

2. This Act (other than paragraph (a) of section thirty, except to the extent to which it relates to a service pension to a member of the Forces, and sections thirty-three, thirty-nine, forty-six, forty-seven, forty-eight and forty-nine) shall come into operation on the day on which it receives the Royal Assent, section thirty-nine shall be deemed to have come into operation on the third day of September, One thousand nine hundred and thirty-nine and paragraph (a) of section thirty, except to the extent above-mentioned, and sections thirty-three, forty-six, forty-seven, forty-eight, and forty-nine shall come into operation on a date to be fixed by Proclamation, not being a date later than six weeks after the day on which this Act receives the Royal Assent.

Repeal of section 42 of Financial Emergency Act 1931–1938.

3. Section forty-two of the Financial Emergency Act 1931–1938 is repealed.

Parts.

4. Section four of the Principal Act is amended by omitting the words “Division 6.—Extension of Application of Provisions of Divisions 1 to 4.” and inserting in their stead the words—

“Division 6.—Extension of Application of Provisions of Divisions 1 to 5 to certain Male Members of the Forces.

Division 7.—Extension of Application of Provisions of Divisions 1 to 5 to Members of Women’s Services.”.

Definitions.

5. Section six of the Principal Act is amended—

(a) by adding at the end of the definition of “Commissioner” the words “and includes an acting member of the Commission”; and

(b) by inserting after that definition the following definition:—

“‘Member of a Board’ includes an acting member of a Board;”.

Members of the Commission.

6. Section eight of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word “three” and inserting in its stead the words “not less than three and not more than five”;

(b) by inserting in sub-section (4.), after the word “Australia”, the words “or absence for the purpose of performing the duties of another office”; and

(c) by adding at the end of sub-section (7.) the words “unless there are more than three Commissioners, when three Commissioners shall form a quorum.”.

Delegation by the Commission.

7. Section twelve of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) Where under this Act the exercise of any power or function by the Commission is dependent upon the opinion, belief or state of mind of the Commission in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of the delegate.”.

8. After section twelve of the Principal Act the following section is inserted:—

Assistant Commissioners.

“12a.—(1.) The Governor-General may appoint one or more Assistant Commissioners who shall, subject to this Act, hold office for such term and shall receive such remuneration as the Governor-General determines.

“(2.) An Assistant Commissioner may exercise such powers and perform such duties as are conferred upon him by the regulations or as are delegated to him in pursuance of this Act.”.

Suspension of Commissioner, Acting Commissioner or Assistant Commissioner.

9. Section fifteen of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “or an Acting Commissioner,” and inserting in their stead the words “an Acting Commissioner or an Assistant Commissioner”; and

(b) by omitting from sub-section (2.) the words “or Acting Commissioner” (wherever occurring) and inserting in their stead the words “, Acting Commissioner or Assistant Commissioner”.

Offices—how vacated.

10. Section seventeen of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) A Commissioner, an Acting Commissioner or an Assistant Commissioner shall be deemed to have vacated his office if, without the approval of the Governor-General, he engages, during his term of office, in any paid employment outside the duties of his office.

“(1a.) Where a Commissioner, an Acting Commissioner or an Assistant Commissioner is, with the approval of the Governor-General, appointed to any other office under the Commonwealth or an authority of the Commonwealth, he shall retain all his existing and accruing rights and shall be eligible for any additional rights conferred on Commissioners, Acting Commissioners or Assistant Commissioners as if his service in such office were a continuation of his term of office.”;

(b) by inserting in sub-section (2.), after the words “Acting Commissioner”, the words “, an Assistant Commissioner”; and

(c) by omitting from sub-section (3.) the words “or an Acting Commissioner” and inserting in their stead the words “, an Acting Commissioner, an Assistant Commissioner”.

Uncertificated insolvent not to be Commissioner, Assistant Commissioner or Member of a Board.

11. Section eighteen of the Principal Act is amended by inserting, after the words “Acting Commissioner”, the words “, Assistant Commissioner”.

Commissioners, Assistant Commissioners and Members of Boards not subject to Commonwealth Public Service Act.

12. Section twenty of the Principal Act is amended—

(a) by inserting, after the word “Commissioners”, the words “, Assistant Commissioners”; and

(b) by inserting, after the word “Commissioner” (wherever occurring), the words “, Assistant Commissioner”.

Appointment of officers.

13. Section twenty-one of the Principal Act is amended—

(a) by omitting from sub-section (2.) the words “Australian soldiers” and inserting in their stead the words “members of the Forces”;

(b) by inserting in sub-section (3b.), after the word “Commissioner” (wherever occurring), the words “,Assistant Commissioner”;

(c) by omitting from sub-section (7.) the words “an Australian soldier” and inserting in their stead the words “a member of the Forces”; and

(d) by inserting at the end thereof the following sub-section:—

“(9.) Where an officer appointed under this section is granted leave of absence by the Commission to serve in any other office under the Commonwealth or an authority of the Commonwealth, he shall retain all his existing and accruing rights and shall be eligible for any additional rights conferred on officers appointed under this section as if his service in such other office were a continuation of his service as such an officer.”.

Definitions.

14. Section twenty-two of the Principal Act is amended by adding to the definition of “Permanently unemployable” the words “in which, in the opinion of the Commission, he can reasonably be expected to obtain regular employment”.

Pensions upon death or incapacity.

15. Section twenty-three of the Principal Act is amended—

(a) by omitting paragraph (a) of sub-section (2.) and inserting in its stead the following paragraph:—

“(a) the incapacity from which the member is suffering or from which he has died has been contributed to in any material degree, or has been aggravated, by the conditions of his war service; and”; and

(b) by omitting from sub-section (3.) the word “Act” (second occurring) and inserting in its stead the word “Division”.

Duties of Boards.

16. Section twenty-six of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “the death or incapacity of a member of the Forces” and inserting in their stead the words “the incapacity from which a member of the Forces is suffering or from which he has died—”;

(b) by omitting from sub-paragraph (ii) of that paragraph the word “or” (last occurring); and

(c) by omitting sub-paragraph (iii) of that paragraph and inserting in its stead the following sub-paragraphs:—

“(iii) arose out of or is attributable to his service as a member; or

“(iv) has been contributed to in any material degree, or has been aggravated, by the conditions of his war service,”.

Pension granted on re-application.

17. Section twenty-seven a of the Principal Act is amended by omitting the word “three” and inserting in its stead the word “six”.

Re-grant of cancelled pension.

18. Section twenty-seven b of the Principal Act is amended—

(a) by omitting the word “three” (wherever occurring) and inserting in its stead the word “six”;

(b) by inserting in sub-section (1.), before the word “application” (second occurring), the word “latest”; and

(c) by inserting in sub-section (2.), before the word “application”, the word “latest”.

Pension for pulmonary tuberculosis.

19. Section thirty-one a of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) Where a member of the Forces—

(a) served in a theatre of war; and

(b) at any time after his discharge from the Forces, became or becomes incapacitated, or died or dies, from pulmonary tuberculosis,

and pension in respect of the incapacity or death would not, but for this sub-section, be payable, the Commonwealth shall, subject to this Act and upon receipt of an application in writing, be liable to pay to the member or his dependants, or both, as the case may be, from the date of the application, pension in accordance with Division 1 of this Part as if the incapacity or death resulted from an occurrence happening during the period he was a member of the Forces.”.

Pensions to certain female dependants of member.

20. Section thirty-six of the Principal Act is amended—

(a) by inserting before the proviso the following sub-section:—

“(2.) Any such pension may be allowed to any such person under this provision as well as to the widow of any member of the Forces.”; and

(b) by omitting the proviso.

21. Section thirty-nine b of the Principal Act is repealed and the following sections inserted in its stead:—

Determination, &c., of claims and appeals.

“39b.—(1.) The Commission, a Board, an Appeal Tribunal and an Assessment Appeal Tribunal, in hearing, determining or deciding a claim, application or appeal, shall act according to substantial justice and the merits of the case, shall not be bound by technicalities or legal forms or rules of evidence and shall give to the claimant, applicant or appellant the benefit of any doubt—

(a) as to the existence of any fact, matter, cause or circumstance which would be favourable to the claimant, applicant or appellant; or

(b) as to any question whatsoever (including the question whether the incapacity from which the member of the Forces is suffering or from which he has died was contributed to in any material degree, or was aggravated, by the conditions of his war service) which arises for decision under his claim, application or appeal.

“(2.) It shall not be necessary for the claimant, applicant or appellant to furnish proof to support his claim, application or appeal but the Commission, Board, Appeal Tribunal or Assessment Appeal Tribunal determining or deciding the claim, application or appeal shall be entitled to draw, and shall draw, from all the circumstances of the case, from the evidence furnished and from medical opinions, all reasonable inferences in favour of the claimant, applicant or appellant, and in all cases whatsoever the onus of proof shall lie on the person or authority who contends that the claim, application or appeal should not be granted or allowed to the full extent claimed.

Medical reports.

“39c.—(1.) A medical practitioner shall, in reporting on any claim in relation to a member of the Forces, set out in his report his opinion—

(a) in the case of a claim in respect of the death of the member—as to the cause of the death; and

(b) in the case of a claim in respect of the incapacity of the member—as to the nature, cause and extent of the incapacity,

and shall also set out whether, in his opinion, the incapacity from which the member is suffering or from which he has died—

(i) resulted from an occurrence happening during the period he was a member;

(ii) resulted from his employment in connexion with naval or military preparations or operations;

(iii) is directly attributable to his employment as a member;

(iv) arose out of or is attributable to his service as a member; or

(v) has been contributed to in any material degree, or has been aggravated, by the conditions of his war service.

“(2.) Where a medical practitioner entertains any doubt concerning any of the matters which by the last preceding sub-section he is required to report upon, he shall state in his report that he entertains such a doubt and shall indicate, as far as practicable, the nature and extent of his doubt.

“(3.) The provisions of this section shall extend to every medical practitioner, whether an officer of the Department of Repatriation or not, who is required by the Commission, a Board, an Appeal Tribunal or an Assessment Appeal Tribunal to report on a claim, and to the members of any medical board who examine a member of the Forces immediately prior to his discharge from the Forces.”.

Double pensions.

22. Section forty-one of the Principal Act is amended by inserting, after the words “section forty-five at” (wherever occurring), the words “or a member of the Forces within the meaning of section forty-five ay”.

Offences.

23. Section forty-four of the Principal Act is amended—

(a) by inserting in paragraph (d) of sub-section (1.), after the word “Commission”, the words “or an Assistant Commissioner or a Board”; and

(b) by omitting sub-section (3.).

Appeals.

24. Section forty-five k of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “section twenty-three of this Act” and inserting in their stead the words “this Act (other than a service pension)”;

(b) by inserting in paragraph (a) of that sub-section, after the word “member” (third occurring), the words “, or did not arise out of or is not attributable to his service as a member”;

(c) by omitting paragraph (b) of that sub-section and inserting in its stead the following paragraph:—

“(b) that the incapacity from which the member is suffering or from which he has died has not been contributed to in any material degree, or has not been aggravated, by the conditions of his war service,”; and

(d) by adding at the end thereof the following sub-section:—

“(10.) Where in connexion with any hearing of an appeal the Appeal Tribunal refers the case for further medical opinion, the appellant or a representative of the appellant or both may attend at any sittings at which the further medical opinion is considered by the Appeal Tribunal.”.

Assessment Appeal Tribunals.

25. Section forty-five l of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the word and figure “Division 1” and inserting in their stead the words and figures “Division 1, 6 or 7”.

Appeals to Assessment Appeal Tribunals.

26. Section forty-five n of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “Division 1 of this Part” and inserting in their stead the words “this Act (other than a service pension)”;

(b) by omitting from paragraph (b) of that sub-section the words “a pension under that Division” and inserting in their stead the words “such a pension”;

(c) by inserting in paragraph (b) of that sub-section, after the word “member” (second occurring), the words “or which arose out of or is attributable to his service as a member”; and

(d) by omitting from paragraph (b) of that sub-section the words “to which the conditions of his service have contributed to a material degree” and inserting in their stead the words “which has been contributed to in any material degree, or has been aggravated, by the conditions of his war service”.

Consideration of appeals.

27. Section forty-five w of the Principal Act is amended by omitting sub-sections (2.), (3.) and (4.) and inserting in their stead the following sub-section:—

“(2.) Subject to this Act, the hearing of any appeal under this Part shall be conducted in such manner as is prescribed.”.

Date of operation of decisions on appeals.

28. Section forty-five x of the Principal Act is amended by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-sections:—

“(2.) An Appeal Tribunal shall not give to any decision in respect of—

(a) a pension under Division 1 of this Part—any operation for a period prior to the date of lodgment with the Commission of a claim for pension which the Commission rejects, or the date of termination of a pension by the Commission, which rejection or termination (as the case may be) has been appealed from to the Tribunal or the date of commencement of the period of six months immediately preceding the date of appeal to the Tribunal, whichever is the later date; or

(b) a pension under Division 6 or 7 of this Part—any operation for a period prior to a date three months prior to the day of lodgment with the Commission of a claim for pension which the Commission rejects, or the date of termination of a pension by the Commission, which rejection or termination (as the case may be) has been

appealed from to the Tribunal or the date of commencement of the period of six months immediately preceding the date of the appeal to the Tribunal, whichever is the later date.

“(3.) An Assessment Appeal Tribunal shall not give to any decision—

(a) in any case where an appeal has been made to an Appeal Tribunal and the appeal has been upheld—any operation for a period prior to the date from which the decision of the Appeal Tribunal operates; or

(b) in any case where an appeal has not been so made and the appeal to the Assessment Appeal Tribunal is from a decision of the Commission or a Board whereby a pension has been refused, cancelled or reduced—any operation for a period prior to—

(i) in the case of a pension under Division 1 of this Part—the date of lodgment with the Commission of a claim for pension which the Commission rejects, or the date of cancellation or reduction of a pension, which rejection, cancellation, or reduction (as the case may be) has been appealed from to the Tribunal or the date of commencement of the period of six months immediately preceding the date of the appeal to the Assessment Appeal Tribunal, whichever is the later date.

(ii) in the case of a pension under Division 6 or 7 of this Part—a date three months prior to the day of lodgment with the Commission of a claim for pension which the Commission rejects, or the date of termination or reduction of a pension, which rejection, cancellation or reduction (as the case may be) has been appealed from to the Tribunal or the date of commencement of the period of six months immediately preceding the date of the appeal to the Assessment Appeal Tribunal, whichever is the later date.”.

Grant of service pensions.

29. Section forty-five ad of the Principal Act is amended—

(a) by omitting the words “not exceeding Forty-seven shillings per fortnight”;

(b) by inserting in paragraph (b), after the word “served”, the words “in a theatre of war or served”; and

(c) by adding at the end thereof the words “, at a rate per fortnight not exceeding one twenty-sixth of the maximum amount of pension payable per annum in pursuance of section twenty-four of the Invalid and Old-age Pensions Act 1908–1942, or in pursuance of any Act amending or affecting that Act.”.

Service pension in respect of a member permanently unemployable or suffering from pulmonary tuberculosis.

30. Section forty-five ae of the Principal Act is amended—

(a) by omitting from sub-section (1.) all the words after the word “class” and inserting in their stead the following words:—

(b) by inserting in sub-paragraph (ii) of paragraph (a) of sub-section (2.), after the word “served”, the words “in a theatre of war or served”;

(c) by inserting in sub-section (3b.), after the word “only”, the words “of the operation of section forty-five al of this Act or”;

(d) by omitting from that sub-section the words “, by virtue of that section,”; and

(e) by omitting sub-sections (4.) and (5.).

Net capital value of accumulated property.

31. Section forty-five aj of the Principal Act is amended by adding at the end thereof the following paragraph:—

“(d) Notwithstanding anything contained in this Act, where any applicant for a service pension or a service pensioner, or the husband or wife of an applicant or a service pensioner, possesses property which is subject to any encumbrances and which in the opinion of the Commission cannot be realized except at a considerable loss, the Commission may, in assessing the net capital value of his accumulated property, disregard the value of the interest of that person in the property.”.

Service pension payable to bona fide resident of Australia or Territories.

32. Section forty-five al of the Principal Act is amended—

(a) by omitting the words “the Commonwealth” (first occurring) and inserting in their stead the words “Australia or any Territory of the Commonwealth”; and

(b) by omitting the words “the Commonwealth” (second occurring) and inserting in their stead the words “Australia and the Territories of the Commonwealth”.

Service pensioner in a public institution.

33. Section forty-five ao of the Principal Act is amended by omitting the words “an asylum for the insane, a hospital, sanatorium, benevolent home or similar institution” and inserting in their stead

the words “a hospital for the insane or an institution proclaimed as a ‘Benevolent Asylum’ for the purposes of the Invalid and Old-age Pensions Act 1908–1943”.

Heading to Division 6, Part III.

34. The heading to Division 6 of Part III. is repealed and the following heading inserted in its stead:—

“Division 6.—Extension of Application of Provisions of Divisions 1 to 5 to certain Male Members of the Forces.”.

Extension of application of Act to certain male members of the Forces.

35. Section forty-five as of the Principal Act is amended—

(a) by omitting the figure “4” (wherever occurring) and inserting in its stead the figure “5”;

(b) by omitting the word “seven” (first and second occurring) and inserting in its stead the word “fifteen”; and

(c) by omitting from sub-paragraphs (v) and (vi) of paragraph (b) of sub-section (2.) the words “or appointment” (wherever occurring) and inserting in their stead the words “or at any time during his service from the time of his enlistment to the date of his death or discharge from the Forces or the termination of the war, whichever first happens”.

36. Section forty-five at of the Principal Act is repealed and the following section inserted in its stead:—

Interpretation.

“45at. For the purposes of this Division—

‘Active Service’ means any active service by a member of the Forces—

(a) on a ship of war engaged in seagoing operations beyond the territorial waters of Australia;

(b) outside Australia;

(c) in the case of a member who embarked for service abroad or in the Territories of the Commonwealth outside Australia, after the vessel or aircraft on which the member proceeded outside Australia had departed from the port or aerodrome at which the member embarked; or

(d) within Australia—

(i) in such areas as are prescribed as combat areas for the purposes of this Act, during such periods as are prescribed, and under such conditions as are prescribed;

(ii) at any place at which the member has been injured or has contracted disease as a result of enemy action;

(iii) in actual combat against the enemy; or

(iv) in such circumstances as, in the opinion of the Commission, should be deemed to be actual combat against the enemy;

‘dependant’ means a dependant specified in paragraph (b) of sub-section (2.) of section forty-five as of this Act;

‘enlisted’ includes appointed to, or called up for continuous service with, the Naval, Military or Air Forces of the Commonwealth;

‘enlistment’ includes appointment to, or call up for continuous service with, the Naval, Military or Air Forces of the Commonwealth;

‘Member of the Forces’ means any male person who, during the war, was—

(a) a member of the Permanent Naval, Military or Air Forces of the Commonwealth; or

(b) a member of the Citizen Forces enlisted or appointed or called up for continuous service for the duration of, and directly in connexion with, the war;

‘the war’ means the war which commenced on the third day of September, One thousand nine hundred and thirty-nine.”.

Liability of Commonwealth to pay pensions to certain male members of the Forces.

37. Section forty-five au of the Principal Act is amended—

(a) by omitting from sub-section (1.) all the words up to and including the words “this Part” and inserting in their stead the words—

“(1.) Upon the incapacity or death—

(a) of any member of the Forces who was employed on active service, whose incapacity or death has resulted from any occurrence happening during the period from the date of his enlistment to the date of the termination of his service in respect of that enlistment; or

(b) of any member of the Forces whose incapacity or death has arisen out of or is attributable to his service as a member,

the Commonwealth shall, subject to this Act, be liable to pay to the member, or his dependants, or both, as the case may be, pensions in accordance with Division 1 of this Part:”;

(b) by inserting in sub-paragraph (i) of paragraph (a) of the proviso to that sub-section, before the word “default”, the word “serious”;

(c) by inserting in sub-paragraph (iii) of that paragraph, before the word “breach”, the word “serious”;

(d) by adding at the end of paragraph (a) of the proviso to that sub-section the words—

“but, if the death of the member is, in the opinion of the Commission, due to venereal disease contracted during his period of service, the Commonwealth shall, subject to this Act, be liable to pay pensions to his widow and children”;

(e) by omitting from paragraph (b) of the proviso to that sub-section the word “and” (last occurring);

(f) by adding at the end of paragraph (c) of that proviso the following paragraphs:—

“; (d) in the case of a member who was enlisted in—

(i) the Permanent Naval Forces before the war, or during the war for a period other than the duration of the war; or

(ii) the Permanent Military or Air Forces before the war or during the war but was, by reason only of such membership, deemed to be an officer or employee within the meaning of the Superannuation Act 1922–1937 or of that Act as amended for the time being,

and who, after being employed on the service, not being active service, in respect of which the liability of the Commonwealth to pay pension arises, resumes or continues a period of service with those Forces which is continuous with the period of such first-mentioned service, the liability of the Commonwealth to pay pension to or in relation to the member shall not commence until the termination of the period of service so resumed or continued or any extension of that period; and

“(e) a pension shall not be payable to or in relation to any other member for any period prior to the termination of the service in respect of which the liability of the Commonwealth to pay pension arises.”;

(g) by inserting after sub-section (1.) the following sub-section:—

“(1a.) For the purposes of paragraph (b) of the last preceding sub-section but without affecting the generality thereof, the incapacity or death of a member shall be deemed to have arisen out of his service as a member if it was the result of an accident which happened to him while travelling directly to or from his place of employment as such member or was, in the opinion of the Commission, due to an accident occurring or to the contraction of a disease or an infection which would not have occurred or been contracted but for his being a member of the Forces or but for changes in his environment consequent upon his being such a member.”;

(h) by omitting from sub-section (2.) all the words after the word “Forces,” (first occurring) and ending with the word “appointment” (second occurring) and inserting

in their stead the words “who, after his enlistment served in camp in Australia for at least six months or was employed on active service, the origin or cause of his incapacity or death existed prior to his enlistment”;

(i) by omitting paragraph (a) of sub-section (2.) and inserting in its stead the following paragraph:—

“(a) the incapacity from which the member is suffering or from which he has died has been contributed to in any material degree, or has been aggravated, by the conditions of his war service; and”; and

(j) by adding at the end of that section the following sub-sections:—

“(3.) Where a pension is granted, the Commission or a Board may, subject to this Act, approve of the payment of the pension on and from a date not prior to three months before the date of lodgment of the claim for pension.

“(4.) Where a claim for pension was, prior to the commencement of this sub-section, rejected on the ground that the incapacity or death of the member of the Forces was not directly attributable to his employment as a member, the Commission shall, without further application, consider the claim as if it were a claim under this section and, if a pension is granted, the Commission may, subject to this Act, approve of the payment of the pension on and from a date not earlier than six months prior to the commencement of this sub-section.”.

Extension of Division in respect of other parts of King’s dominions.

38. Section forty-five av of the Principal Act is amended—

(a) by omitting the words “or Army Nursing Services”; and

(b) by inserting after the word “Australia” (wherever occurring) the words “or any Territory of the Commonwealth”.

39. After Division 6 of Part III. of the Principal Act, the following Division and sections are inserted:—

“Division 7.—Extension of Application of Provisions of Divisions 1 to 5 to Members of the Women’s Services.

Extension of application of Act to members of Women’s Services.

“45ax.—(1.) Subject to the provisions of this Division, the provisions of Divisions 1 to 5 (inclusive) of this Part of this Act (other than section twenty-three), sections forty-five at (other than the definitions of ‘dependant’ and ‘Member of the Forces’), forty-five au and forty-five aw of and of the Schedules to this Act shall extend to, and in relation to—

(a) members of the Forces within the meaning of section forty-five ay of this Act; and

(b) the dependants of such members.

“(2.) For the purposes of the extension of the provisions of Divisions 1 to 5 (inclusive) of this Part, of sections forty-five at, forty-five au and forty-five aw and of the Schedules to this Act as provided in the last preceding sub-section—

(a) any reference in those Divisions, sections or Schedules, or in any Act affecting those Divisions, sections or Schedules, to a member of the Forces or to a member shall, except where otherwise expressly provided, be read as a reference to a member of the Forces within the meaning of section forty-five ay of this Act; and

(b) any reference in those Divisions, sections or Schedules, or in any Act affecting those Divisions, sections or Schedules, to dependants shall, except where otherwise expressly provided, be read as a reference to—

(i) the husband or widower of a member of the Forces who was married to the member before or during her service, or before her discharge from the Forces or the termination of the war, whichever first happens;

(ii) the child of a member who is under the age of sixteen years and who is—

(1) a son or daughter born to the member of a marriage which took place before or during her service, or before her discharge from the Forces or the termination of the war, whichever first happens;

(2) a step-son, step-daughter or adopted child of the member who became dependent upon the member or her husband prior to her death or discharge from the Forces or the termination of the war, whichever first happens; or

(3) the ex-nuptial child of the member who was born before or within nine months after her discharge from the Forces or the termination of the war, whichever first happens; and

(iii) such other members of the family of a member or, in the case of a member who is an ex-nuptial child, such of the parents or grand-parents of the member, as were, wholly or in part, dependent upon her earnings at the time of her enlistment, or at any time during her service from the time of her enlistment to the date of her death or discharge from the Forces or the termination of the war, whichever first happens.

Interpretation.

“45ay. For the purposes of this Division—

‘dependant’ means a dependant specified in paragraph (b) of sub-section (2.) of section forty-five ax of this Act;

‘member of the Forces’ means a person who, during the war, was a member of the Royal Australian Naval Nursing Service, the Australian Army Nursing Service, the Royal Australian Air Force Nursing Service, the Women’s Royal Australian Naval Service, the Australian Women’s Army Service, the Australian Army Medical Women’s Service or the Women’s Auxiliary Australian Air Force or was employed on full-time paid duty as a member of the Voluntary Aid Detachment.

Pensions to dependants of members of Women’s Services.

“45az. A pension shall not be granted or continued to a person who is a dependant of a member of the Forces unless—

(a) in the case where a pension is payable in respect of the incapacity of the member—the member is being paid or was, in the case of a deceased member, being paid immediately prior to her death, a pension at a rate not less than fifty per centum of the rate for total incapacity and the dependant is wholly or substantially dependent upon the member, or would, but for the death or incapacity of the member, have been so dependent; or

(b) in the case where a pension is payable in respect of the death of the member—the dependant is, or would have been, so dependent,

and, unless—

(c) in the case of a dependant being the husband of a member—the husband is, by reason of physical or mental incapacity, unable to earn a livelihood and is without adequate means of support and is not separated from the member; or

(d) in the case of a dependant being a child of the member—the father of the child is a person mentioned in the last preceding paragraph or the father or step-father of the child is dead or separated or divorced from the member or has deserted her and the child is wholly or substantially dependent upon the member and is without adequate means of support, or the member is dead and the child is without adequate means of support.

Extension of Division in respect of other parts of King’s dominions.

“45aza. The provisions of this Division shall, in like manner as they extend to a member of the Forces, extend to, and in relation to, any member of a nursing service of, or other women’s service auxiliary to, the Naval, Military or Air Forces of any part of the King’s dominions, other than the Commonwealth, who, during the war, is serving or has served on active service outside that part of the King’s dominions, or in a theatre of war, on proof to the satisfaction of the

Commission that she was resident in Australia or the Territories of the Commonwealth within the period of twelve months prior to being enlisted:

Provided that a pension shall not be payable under this section to any person who is not bona fide resident in Australia or the Territories of the Commonwealth.”.

Definitions.

40. Section forty-six of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2.), all words after the word “Forces “, and inserting in their stead the following sub-paragraphs:—

“(i) enlisted or appointed for or employed on active service outside Australia or employed on a ship of war; or

(ii) enlisted or appointed for service in connexion with naval or military preparations or operations; or”;

(b) by omitting from sub-section (2.) the words “an Australian soldier” and inserting in their stead the words “a member of the Forces”;

(c) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) For the purpose of Parts IV. and V. of this Act, any person who—

(a) is or has been during the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, a member of the Naval, Military or Air Forces of the Commonwealth enlisted for or employed on active service outside Australia and the Territories of the Commonwealth;

(b) is or has been, during that war, a member of the Permanent Military Forces of the Commonwealth enlisted for service only within Australia or the Territories of the Commonwealth;

(c) is or has been, during that war, a member of the Citizen Forces enlisted during the war for continuous service for the duration of and directly in connexion with that war;

(d) is or has been, during that war, a member of the Royal Australian Naval Nursing Service, the Australian Army Nursing Service, the Royal Australian Air Force Nursing Service, the Women’s Royal Australian Naval Service, the Australian Women’s Army Service, the

Australian Army Medical Women’s Service or the Women’s Auxiliary Australian Air Force or was employed on full-time paid duty as a member of the Voluntary Aid Detachment;

(e) is or has been, during that war, a member of the Naval, Military or Air Forces of any part of the King’s dominions, other than the Commonwealth, and is serving or has served on active service outside that part of the King’s dominions, or in a theatre of war, on proof to the satisfaction of the Commission that he was resident in Australia or in the Territories of the Commonwealth within the period of twelve months prior to his enlistment for service; or

(f) is or has been, during that war, a member of any nursing service of, or other women’s service auxiliary to, the Naval, Military or Air Forces of any part of the King’s dominions, other than the Commonwealth, on proof to the satisfaction of the Commission, that she was resident in Australia or in the Territories of the Commonwealth within the period of twelve months prior to her acceptance by or appointment to that service,

shall be deemed to be a member of the Forces within the meaning of those Parts”; and

(d) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) For the purposes of the last preceding sub-section, the terms ‘enlisted’ and ‘enlistment’ have the same meaning as in section forty-five at of this Act, and the expression ‘served in a theatre of war’ has the same meaning as in section twenty-two of this Act.”.

Commission may make recommendations as to regulations.

41. Section forty-seven of the Principal Act is repealed.

Local Committees.

42. Section forty-nine of the Principal Act is amended—

(a) by omitting from sub-section (3.) the words “and (d) of section forty-seven” and inserting in their stead the words “(d) and (e) of section sixty”;

(b) by omitting from that sub-section the word and symbol “or (d)” and inserting in their stead the word and symbols “, (d) or (e)”; and

(c) by omitting from that sub-section the words “Australian soldier” and inserting in their stead the words “member of the Forces”.

Contributions for purposes of Act.

43. Section fifty-three of the Principal Act is amended by omitting from sub-section (1.) the words “any of the purposes specified in section forty-seven” and inserting in their stead the words “providing for the granting of assistance and benefits for any of the purposes specified in section sixty”.

44. After section fifty-five of the Principal Act the following section is inserted in Part IV.:—

Preference in employment to returned members of the Forces.

“55a.—(1.) Notwithstanding anything contained in any law of the Commonwealth or of any State or Territory of the Commonwealth or in any award, order or determination of any industrial tribunal or of any industrial agreement, preference shall, in the appointment of persons to the Public Service of the Commonwealth or to the service of an authority of the Commonwealth, be given to persons who have been members of the Forces and have served outside Australia or in any area prescribed as a combat area for the purposes of this Act and who are competent for the work required.

“(2.) All contracts entered into with the Commonwealth for the performance of works or services shall be deemed to contain a clause whereby the contractor with the Commonwealth binds himself, under a penalty of Fifty pounds in respect of each breach of the clause, to grant, in engaging employees for the purpose of executing the contract, preference to persons specified in sub-section (1.) of this section.

“(3.) For the purposes of this section, ‘authority of the Commonwealth’ includes any commission, board or other body created by or under any law of the Commonwealth or Territory of the Commonwealth or which is declared by the Governor-General by Proclamation to be an authority for the purposes of this section.”.

45.—(1.) Section sixty of the Principal Act is repealed, and the following section inserted in its stead:—

Regulations.

“60. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to this Act, and, in particular, for providing the form and effect of securities given for advances made under this Act, and for providing for the granting of assistance and benefits—

(a) to members of the Forces upon their discharge from service;

(b) to the children of incapacitated or deceased members of the Forces while those children are, by reason of physical or mental disability, incapable of contributing to their own support, or are under the age of eighteen years;

(c) to the children of incapacitated or deceased members of the Forces for the purposes of their education or training for any profession, trade or other calling;

(d) in the form of free passages—

(i) from abroad to Australia for the wives and children of members of the Forces still on active service or who have been discharged, or for the widows and children of deceased members; and

(ii) to abroad for incapacitated members of the Forces and their wives and children or the widows and children of deceased members;

(e) where by reason of special circumstances the Commission considers that assistance and benefits should be granted to—

(i) the widows of deceased members of the Forces,

(ii) the mothers or step-mothers of incapacitated or deceased members of the Forces—

(a) who are either widowed, divorced or deserted, or

(b) whose husbands are so incapacitated as to be unable to contribute materially to their support,

(iii) the incapacitated fathers of incapacitated or deceased members of the Forces who were, prior to the enlistment of those members, dependent upon them,

(iv) the mothers (being either widowed, divorced, deserted or unmarried) of members of the Forces who were born out of wedlock, and

(v) any person who was, prior to the death of a member of the Forces, recognized as his wife although not legally married to him;

(f) in the form of allowances to the persons specified in paragraphs (a), (b), (c) and (e) of this section;

(g) by way of medical treatment to persons specified in paragraphs (a) and (b) of section fifty-seven aa of this Act who are suffering from pulmonary tuberculosis; and

(h) by way of funeral expenses in respect of persons specified in paragraphs (a) and (b) of section fifty-seven aa of this Act.”.

(2.) The regulations made under the Principal Act and in force immediately prior to the commencement of this section shall continue in force as if made under that Act, as amended by this Act, and may be amended or repealed accordingly.

The First Schedule.

46.—(1.) The First Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—

“THE FIRST SCHEDULE.

GENERAL PENSIONS RATES.

Scale of Pensions payable subject to the provisions of the Third Schedule to Widowed Mother or Widow on Death of a Member of the Forces, or to a Member upon his total incapacity.

Where a member of the Forces is temporarily totally incapacitated to such an extent as to be precluded from earning other than a negligible percentage of a living wage while he is so incapacitated, the Commission may, subject to such conditions as are prescribed, grant a pension to the member, in addition to any pension payable under this Schedule, not exceeding Two pounds eight shillings per fortnight in the case of a member with a dependent husband, wife or children or One pound ten shillings per fortnight in the case of any other member for such period, whether in excess of six months or not, as the Commission determines.

The rate of pension (if any) which would, apart from this provision, be payable to the widow of a member of the Forces, who dies while serving as such, and her children until the expiration of the period of six months next succeeding the date on which the widow was first notified of the death of the member shall be increased to such extent as will ensure the payment of a pension in respect of herself and her children at an aggregate rate equivalent to the aggregate rate of payments which would have been made to her, by way of allotment and dependants allowance, during that period of six months if the member had not died, but not exceeding the aggregate rate of such payments by way of allotment at the standard rate, applying in respect of the member, and dependants allowance or, if there is no such standard rate, not exceeding such rate as is prescribed.”.

(2.) Notwithstanding anything contained in this Act, the second paragraph of the footnote to the First Schedule inserted in the Principal Act by this Act shall come into operation on and from the

day on which this Act receives the Royal Assent and shall extend to the case of any member of the Forces of whose death the widow was first notified within six months prior to that day but increased pension in accordance with that paragraph shall be payable only in respect of the period subsequent to that day.

Amendment of the Second Schedule.

47. The Second Schedule to the Principal Act is amended—

(a) by omitting the words “£8 per fortnight” and inserting in their stead the words “£9 12s. per fortnight”;

(b) by omitting the third paragraph;

(c) by omitting the fourth paragraph and inserting in its stead the following paragraph:—

“In the case of a member who has been granted the Special Rate of Pension, the husband or wife of such member shall not be entitled to receive a pension exceeding the rate specified in the Third Schedule for a husband or wife of a member.”; and

(d) by omitting from the fifth paragraph the words “Two pounds” and inserting in their stead the words “Two pounds eight shillings”.

The Third Schedule.

48. The Third Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—

“THE THIRD SCHEDULE.

The Third Schedule—continued.

Amendment of the Fifth Schedule.

49. The Fifth Schedule to the Principal Act is amended by omitting the table and inserting in its stead the following table:—

Adjustment of double payments.

50. Where, by reason of the operation of the amendments effected by the foregoing provisions of this Act, pension becomes payable in respect of the incapacity or death of any member of the Forces and any payment has already been made by the Commonwealth under any other Act (other than the Superannuation Act 1922–1937, or that Act as subsequently amended) or as an act of grace, in respect of that incapacity or death, the Commission shall have regard to all such payments under any other Act or as an act of grace and, for the purpose of making such adjustments as it thinks just and equitable, may determine the date of commencement of the pension or the amount thereof which may be paid from time to time.

Renumbering.

51.—(1.) Any section of the Principal Act, as amended by the foregoing provisions of this Act, the number of which is specified in the column headed “Existing Number” in the First Schedule to this Act, is re-numbered as specified opposite to that number in the next succeeding column headed “New Number” in that Schedule.

(2.) Any reference in any law of the Commonwealth or of any Territory of the Commonwealth, or in any instrument or document, to any section of the Principal Act shall, if that section has been re-numbered in pursuance of this section, be read as a reference to that section as so re-numbered.

Consequential amendments.

52. The sections of the Principal Act, as amended by the foregoing provisions of this Act (other than the provisions of the last preceding section), which are specified in the first column of the Second Schedule to this Act are amended as respectively specified opposite thereto in the second column of that Schedule.

THE SCHEDULES.

THE FIRST SCHEDULE. Section 51.

THE SECOND SCHEDULE. Section 52.

The Second Schedule—continued.