Social Services
No. 41 of 1966
An Act to amend the Social Services Act 1947–1965.
[Assented to 30 September 1966]
BE it enacted by the Queen’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 Social Services Act 1966.
(2.) The Social Services Act 1947–1965 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947–1966.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Savings.
3. Section 4 of the Principal Act is amended by omitting; paragraph (a) of sub-section (1.).
Parts.
4. Section 5 of the Principal Act is amended—
(a) by omitting the words and figures—
“Part II.—Administration (Sections 7–17).”
and inserting in their stead the words and figures—
“Part II.—Administration (Sections 7–17a).”; and
(b) by omitting the words and figures—
“Division 7.—Claims for Pensions (Sections 37–38).”
and inserting in their stead the words and figures—
“Division 7.—Claims for Pensions (Section 37).”.
Interpretation.
5. Section 6 of the Principal Act is amended—
(a) by omitting the definition of “Magistrate”;
(b) by inserting after the definition of “member of the Forces” the following definitions:—
“‘mental hospital’ means premises declared by the Director-General under section seventeen a of this Act to be a mental hospital for the purposes of this Act;
‘mental hospital patient’ means a person who has been admitted to a mental hospital as a patient of the hospital and is shown on the records of the hospital as a patient, other than an out-patient, of the hospital;”; and
(c) by adding at the end thereof the following sub-section:—
“(2.) Where a mental hospital patient is transferred from one mental hospital to another mental hospital, he shall, for the purposes of this Act, be deemed to be a mental hospital patient during the period of the transfer notwithstanding that, during that period, he is not shown on the records of a mental hospital as a patient of a mental hospital.”.
Special Magistrates.
6. Section 11 of the Principal Act is repealed.
Powers as to taking of evidence and production of documents.
7. Section 16 of the Principal Act is amended by omitting the words “, a Magistrate” (wherever occurring).
8. After section 17 of the Principal Act the following section is inserted in Part II.:—
Declaration of mental hospitals.
“17a. Where the Director-General is satisfied that accommodation for mentally ill or mentally defective persons is provided in any premises, he may, by instrument in writing, declare the premises to be a mental hospital for the purposes of this Act.”.
Aliens.
9. Section 19 of the Principal Act is repealed.
Rate of age or invalid pension (including guardian’s allowance payable to an unmarried person).
10. Section 28 of the Principal Act is amended—
(a) by omitting from paragraph (a) of sub-section (1a.) the words “Three hundred and twelve pounds” and inserting in their stead the words “Six hundred and seventy-six dollars”; and
(b) by omitting from paragraph (b) of sub-section (1a.) the words “Two hundred and eighty-six pounds” and inserting in their stead the words “Six hundred and eleven dollars”.
Computation of income.
11. Section 29 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1.) the words “Twenty-six pounds” and inserting in their stead the words “One hundred and fifty-six dollars”.
Allowances not to be paid in certain circumstances.
12. Section 35 of the Principal Act is amended by omitting the words “hospital for the insane” (wherever occurring) and inserting in their stead the words “mental hospital”.
Reference to Magistrate.
13. Section 38 of the Principal Act is repealed.
Payment of pensions in instalments.
14. Section 41 of the Principal Act is amended by omitting from sub-section (3.) the words “,as affected by the Currency Act 1965,”.
15. Section 48 of the Principal Act is repealed and the following section inserted in its stead:—
Suspension of pension of mental hospital patient.
“48.—(1.) Subject to this section, where an age or invalid pensioner becomes a mental hospital patient, his pension is, by force of this section, suspended in respect of the period during which he is a mental hospital patient.
“(2.) Where a pensioner who is a mental hospital patient is, for a continuous period of more than six days, absent from a mental hospital, the last preceding sub-section does not apply in respect of any whole day included in the period during which he is so absent.
“(3.) Where—
(a) the pension of an age or invalid pensioner has been suspended by force of sub-section (1.) of this section; and
(b) he ceases to be a mental hospital patient otherwise than by reason of death,
he is, subject to this Part, entitled to payment of pension—
(c) in respect of each day in respect of which his pension was suspended; or
(d) if the number of days in respect of which his pension was suspended exceeds eighty-four—in respect of each of the last eighty-four of those days.
“(4.) Where a mental hospital patient is absent from a mental hospital for a continuous period of four weeks or more, he shall, for the purposes of the last preceding sub-section, be deemed to have ceased to be a mental hospital patient at the commencement of the absence, and, if he ceases to be so absent by reason of again becoming an inmate of a mental hospital, he shall, for the purposes of sub-section (1.) of this section, be deemed to have again become a mental hospital patient.”.
Inmates of benevolent homes.
16. Section 50 of the Principal Act is amended—
(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (1.) the words “One hundred and nine pounds four shillings” and inserting in their stead the words “Two hundred and thirty-four dollars”;
(b) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (1.) the words “One hundred and thirty-five pounds four shillings” and inserting in their stead the words “Two hundred and eighty-six dollars”; and
(c) by omitting from sub-paragraph (ii) of paragraph (a) of sub-section (1.) the words “One hundred and one pounds eight shillings” and inserting in their stead the words “Two hundred and eighteen dollars forty cents”.
Interpretation.
17. Section 59 of the Principal Act is amended—
(a) by omitting from paragraph (d) of the definition of “widow” in sub-section (1.) the words “an inmate of a hospital for the insane” and inserting in their stead the words “a mental hospital patient”; and
(b) by adding at the end thereof the following sub-section:—
“(3.) For the purposes of paragraph (d) of the definition of ‘widow’ in sub-section (1.) of this section, a mental hospital patient who is, for a continuous period of more than six days, absent from a mental hospital shall be deemed not to be a mental hospital patient during that period.”.
Condition of grant of widow’s pension.
18. Section 62 of the Principal Act is amended—
(a) by adding at the end of paragraph (b) of sub-section (1.) the word “or”;
(b) by omitting from paragraph (c) of sub-section (1.) the word “or” (last occurring); and
(c) by omitting paragraph (e) of sub-section (1.).
Rate of widow’s pension.
19. Section 63 of the Principal Act is amended—
(a) by omitting from paragraph (b) of sub-section (1.) the words “Two hundred and seventy-nine pounds ten shillings” and inserting in their stead the words “Six hundred and eleven dollars”; and
(b) by omitting from sub-section (3.) the words “Five pounds seven shillings and sixpence” and inserting in their stead the words “Eleven dollars seventy-five cents”.
Computation of income.
20. Section 64 of the Principal Act is amended—
(a) by omitting from paragraph (b) the words “Twenty-six pounds” and inserting in their stead the words “One hundred and fifty-six dollars”; and
(b) by omitting from paragraph (d) the words “Thirty-nine pounds” and inserting in their stead the words “One hundred and fifty-six dollars”.
Payment of pensions in instalments.
21. Section 70 of the Principal Act is amended by omitting from sub-section (3.) the words”, as affected by the Currency Act 1965,”.
22. Section 77 of the Principal Act is repealed and the following section inserted in its stead:—
Suspension of pension of mental hospital patient.
“77.—(1.) Subject to this section, where a pensioner becomes a mental hospital patient, her pension is, by force of this section, suspended in respect of the period during which she is a mental hospital patient.
“(2.) Where a pensioner who is a mental hospital patient is, for a continuous period of more than six days, absent from a mental hospital, the last preceding sub-section does not apply in respect of any whole day included in the period during which she is so absent.
“(3.) Where—
(a) the pension of a pensioner has been suspended by force of sub-section (1.) of this section; and
(b) she ceases to be a mental hospital patient otherwise than by reason of death,
she is, subject to this Part, entitled to payment of pension—
(c) in respect of each day in respect of which her pension was suspended; or
(d) if the number of days in respect of which her pension was suspended exceeds eighty-four—in respect of each of the last eighty-four of those days.
“(4.) Where a mental hospital patient is absent from a mental hospital for a continuous period of four weeks or more, she shall, for the purposes of the last preceding sub-section, be deemed to have ceased to be a mental hospital patient at the commencement of the absence, and, if she ceases to be so absent by reason of again becoming an inmate of a mental hospital, she shall, for the purposes of sub-section (1.) of this section, be deemed to have again become a mental hospital patient.”.
Inmates of benevolent homes.
23. Section 80 of the Principal Act is amended—
(a) by omitting from paragraph (a) of sub-section (1.) the words “One hundred pounds two shillings” and inserting in their stead the words “Two hundred and eighteen dollars forty cents”; and
(b) by omitting from paragraph (a) of sub-section (1.) the words “One hundred and twenty-six pounds two shillings” and inserting in their stead the words “Two hundred and seventy dollars forty cents”.
Interpretation.
24. Section 94 of the Principal Act is amended—
(a) by omitting from the definition of “institution” in sub-section (1.) the words “hospital for the insane” and inserting in their stead the words “mental hospital”; and
(b) by omitting from sub-section (3.) the words “hospital for the insane” and inserting in their stead the words “mental hospital”.
Child endowment
25. Section 95 of the Principal Act is amended by omitting from sub-section (7.) the words “but one or both of whose parents are aboriginal natives of Australia”.
Children of aboriginal natives of Australia.
26. Section 97 of the Principal Act is repealed.
Sickness benefit in lieu of unemployment benefit, &c.
27. Section 122 of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(3.) Where, upon a person ceasing to be in receipt of a sustenance allowance under the Repatriation Regulations, he becomes qualified to receive an unemployment benefit, the unemployment benefit may be paid from and including the day after the day up to which the sustenance allowance was paid to that person or, if the last-mentioned day is a Saturday, from and including the following Monday.”.
Benefits in respect of inmates of prisons, and mental hospital patients.
28. Section 133 of the Principal Act is repealed and the following section inserted in its stead:—
“133.—(1.) Subject to this section, benefit is not payable to a person in respect of any period during which—
(a) he is, following upon his conviction for an offence, imprisoned; or
(b) he is, while a mental hospital patient, an inmate of a mental hospital,
and, if a beneficiary becomes so imprisoned or becomes an inmate of a mental hospital, payment of benefit to him shall forthwith cease.
“(2.) Where—
(a) a person ceases to be a mental hospital patient otherwise than by reason of death; and
(b) he has, while a mental hospital patient, lodged a claim for sickness benefit or he lodges such a claim within thirteen weeks after he ceases to be a mental hospital patient or within such longer period as the Director-General, in special circumstances, approves,
sickness benefit may, subject to this Part (other than section one hundred and nineteen of this Act) and whether or not sickness benefit is payable to him in respect of any other period, be paid to the person in respect of each day during which he was a mental hospital patient, other than—
(c) any Sunday;
(d) a day in respect of which he has previously been paid sickness benefit;
(e) a day earlier than the last eighty-four days on which he was an inmate of a mental hospital; or
(f) a day earlier than the seventh day after the day on which he became incapacitated.
“(3.) Where a mental hospital patient is absent from a mental hospital for a continuous period of four weeks or more, he shall, for the purposes of the last preceding sub-section, be deemed to have ceased to be a mental hospital patient at the commencement of the absence, and, if he ceases to be so absent by reason of again becoming an inmate of a mental hospital, he shall, for the purposes of sub-section (1.) of this section, be deemed to have again become a mental hospital patient.
“(4.) Where sickness benefit is payable to a married person under sub-section (2.) of this section, he shall, for the purpose of determining the rate of sickness benefit payable to him in respect of any day on which he was an inmate of a mental hospital, be deemed to be an unmarried person.”.
Certain aboriginals not entitled to a pension, &c.
29. Section 137a of the Principal Act is repealed.
Recovery of overpayments.
30. Section 140 of the Principal Act is amended by omitting from sub-section (2.) the words “funeral benefit under Part III.” and inserting in their stead the words “funeral benefit under Part IVa.”.
Information as to pensioners, &c.
31. Section 141 of the Principal Act is amended by omitting the words “,a Magistrate”.
Amendments in relation to decimal currency.
32. The Principal Act is amended as set out in the Schedule to this Act.
Application of amendments.
33.—(1.) In so far as an amendment made by this Act affects instalments of pensions or allowances, the amendment applies in relation to an instalment of a pension or an allowance, as the case may be, falling due on the first pension pay day after the commencement of this Act and to all subsequent instalments.
(2.) The increase in the rate of service pension under the Repatriation Act 1920–1965 consequent upon the amendments made by section 10 of this Act applies in relation to an instalment of service pension falling due on the first service pension pay day after the commencement of this Act and to all subsequent instalments.
THE SCHEDULE Section 32.
——
Amendments of the Principal Act in Relation to Decimal Currency
Provisions amended | Omit— | Insert— |
Section 4(2.)................. | Nineteen pounds ten shillings | Thirty-nine dollars |
Section 16(2.)................ | Twenty pounds | Forty dollars |
Section 16(3.)................ | Twenty pounds | Forty dollars |
Section 17(2.)................ | Two hundred and fifty pounds | Five hundred dollars |
Section 18................... | One pound | Two dollars |
| Ten pounds | Twenty dollars |
| Two hundred pounds | Four hundred dollars |
Section 28(1aa.)............... | One hundred and four pounds | Two hundred and eight dollars |
Section 28(1b.)............... | Thirty-nine pounds | Seventy-eight dollars |
Section 28(1e.)................ | One hundred and eighty-two pounds | Three hundred and sixty-four dollars |
Section 28(2.)................ | One hundred and eighty-two pounds | Three hundred and sixty-four dollars |
Section 28(3.)(b)(i)............. | £182 | $364.00 |
Section 29(1.)(a).............. | Thirty-two pounds ten shillings | Sixty-five dollars |
Section 30(1.)(a)(iii) | Seven hundred and fifty pounds | One thousand five hundred dollars |
Section 30a (1.)(b)............. | Seventy-eight pounds | One hundred and fifty-six dollars |
Section 30a(3.)(a).............. | Twenty-six pounds | Fifty-two dollars |
| Fifty-two pounds | One hundred and four dollars |
Section 30a(3.)(b).............. | Seventy-eight pounds | One hundred and fifty-six dollars |
Section 30b.................. | Twenty pounds | Forty dollars |
Section 33(1.)................ | One hundred and fifty-six pounds | Three hundred and twelve dollars |
Section 33(2.)................ | One hundred and eighty-two pounds | Three hundred and sixty-four dollars |
Section 34(6.)................ | Thirty-nine pounds | Seventy-eight dollars |
Section 44................... | Twenty pounds | Forty dollars |
Section 45(4.)................ | Seven pounds | Fourteen dollars |
| Three pounds ten shillings | Seven dollars |
Section 45(6.)(h)(ii) | One hundred pounds | Two hundred dollars |
Section 45(8.)................ | Twenty pounds | Forty dollars |
Section 59(1.)................ | Two thousand two hundred and fifty pounds | Four thousand five hundred dollars |
| One pound | Two dollars |
| Ten pounds | Twenty dollars |
| One thousand pounds | Two thousand dollars |
| Two hundred pounds | Four hundred dollars |
Section 63(1.)(a).............. | One hundred and four pounds | Two hundred and eight dollars |
Section 63(1a.)................ | Thirty-nine pounds | Seventy-eight dollars |
Section 63(1b.)............... | One hundred and eighty-two pounds | Three hundred and sixty-four dollars |
Section 63(2.)................ | One hundred and eighty-two pounds | Three hundred and sixty-four dollars |
Section 63a.................. | Thirty-nine pounds | Seventy-eight dollars |
Section 64(a)................. | Thirty-two pounds ten shillings | Sixty-five dollars |
Section 65(1.)(a)(iii) | Seven hundred and fifty pounds | One thousand five hundred dollars |
The Schedule—continued
Provisions amended | Omit— | Insert— |
Section 65a(1.)(b)............ | Seventy-eight pounds | One hundred and fifty-six dollars |
Section 65a(2a.)(a)........... | Twenty-six pounds | Fifty-two dollars |
| Fifty-two pounds | One hundred and four dollars |
Section 65a(2a.)(b)........... | Seventy-eight pounds | One hundred and fifty-six dollars |
Section 65b................ | Twenty pounds | Forty dollars |
Section 73................. | Twenty pounds | Forty dollars |
Section 74(3.)............... | Three pounds ten shillings | Seven dollars |
Section 74(5.)(e)(ii)........... | One hundred pounds | Two hundred dollars |
Section 74(6.)............... | Twenty pounds | Forty dollars |
Section 83b(1.)(c)............ | Twenty pounds | Forty dollars |
Section 83b(3.)(c)............ | Twenty pounds | Forty dollars |
Section 83c(1.).............. | Ten pounds | Twenty dollars |
Section 87(1.)(a)............. | Fifteen pounds | Thirty dollars |
Section 87(1.)(b)............. | Sixteen pounds | Thirty-two dollars |
Section 87(1.)(c)............. | Seventeen pounds ten shillings | Thirty-five dollars |
Section 87(2.)............... | Five pounds | Ten dollars |
Section 89................. | Ten pounds | Twenty dollars |
Section 95(2.)(a)............. | Five shillings | Fifty cents |
Section 95(2.)(b)............. | Ten shillings | One dollar |
Section 95(2.)(c)............. | Fifteen shillings | One dollar fifty cents |
Section 95(3.)............... | Fifteen shillings | One dollar fifty cents |
Section 95(4.)............... | Fifteen shillings | One dollar fifty cents |
Section 95(7.)............... | Fifteen shillings | One dollar fifty cents |
Section 103a................ | endowment at the rate of Five shillings or Ten shillings | endowment at the rate of Fifty cents or One dollar |
| Five shillings or Ten shillings | Fifty cents or One dollar |
| Fifteen shillings | One dollar fifty cents |
Section 103b(b)............. | endowment at the rate of Five shillings or Ten shillings | endowment at the rate of Fifty cents or One dollar |
| Five shillings or Ten shillings | Fifty cents or One dollar |
Section 103b(c).............. | Five shillings | Fifty cents |
Section 103b(d)............. | Ten shillings | One dollar |
Section 103c(d).............. | Ten shillings | One dollar |
Section 103c(e).............. | Fifteen shillings | One dollar fifty cents |
Section 103d............... | Five shillings | Fifty cents |
| Ten shillings | One dollar |
Section 104a................ | Twenty pounds | Forty dollars |
Section 112(1.)(a)............ | One pound fifteen shillings | Three dollars fifty cents |
Section 112(1.)(b)............ | Two pounds seven shillings and sixpence | Four dollars seventy-five cents |
Section 112(1.)(c)............ | Four pounds two shillings and sixpence | Eight dollars twenty-five cents |
Section 112(2.).............. | Three pounds | Six dollars |
Section 112(2.)(a)............ | Three pounds | Six dollars |
Section 112(2.)(b)............ | Three pounds | Six dollars |
Section 112(3.).............. | Three pounds | Six dollars |
Section 112(4.)(d)............ | Three pounds | Six dollars |
Section 112(4.).............. | Three pounds | Six dollars |
Section 112(5.).............. | Fifteen shillings | One dollar fifty cents |
Section 112(6.)(c)............ | Fifteen shillings | One dollar fifty cents |
Section 114(1.)(a)............ | One pound | Two dollars |
Section 114(1.)(b)............ | Two pounds | Four dollars |
Section 114(4.).............. | Three pounds | Six dollars |
Section 130................ | Twenty pounds | Forty dollars |
The Schedule—continued
Provisions amended | Omit— | Insert— |
Section 135d(1.)....... | One pound ten shillings | Three dollars |
Section 135d(3.)(a)...... | One pound fifteen shillings | Three dollars fifty cents |
Section 135d(3.)(b)...... | Three pounds | Six dollars |
| One pound ten shillings | Three dollars |
Section 135d(3.)(c)...... | Three pounds | Six dollars |
Section 135l(1.)........ | Forty pounds | Eighty dollars |
Section 135ra(3.)....... | Two hundred pounds | Four hundred dollars |
Section 135ra(4.)....... | Four pounds ten shillings per centum | four and one-half per centum |
Section 136(3.)........ | Two hundred pounds | Four hundred dollars |
Section 138(1.)........ | Fifty pounds | One hundred dollars |
Section 141........... | Twenty pounds | Forty dollars |
Section 149........... | Fifty pounds | One hundred dollars |