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This Act may be cited as the Repatriation Acts Amendment Act 1979.
Sections 1, 2 and 3, paragraph 4(a) and section 26 shall come into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act shall come into operation on 1 July 1979.
PART II—AMENDMENTS OF THE REPATRIATION ACT 1920
The Repatriation Act 1920 is in this Part referred to as the Principal Act.
Section 6 of the Principal Act is amended—
by adding at the end of sub-section (1) the following definition:
“‘Tribunal’ means the Repatriation Review Tribunal established by section 107vb.”; and
by adding at the end thereof the following sub-section:
“(3) In this Act—
a reference to a period of 3 months after the service on a person, in accordance with section 47a, of a copy of a decision of the Commission or a Board;
a reference to a period of 3 months after the service on a person, in accordance with section 107vk, of a copy of a decision of the Tribunal; or
a reference to a period of 3 months after the service on a person, in accordance with sub-section (3) of section 43 of the Administrative Appeals Tribunal Act 1975, of a copy of a decision of the Administrative Appeals Tribunal,
shall, in relation to a person who was at any time during that period of 3 months a resident of the Torres Strait Islands, be read as including a further period of 3 months commencing on the expiration of that first period of 3 months.”.
Section 15 of the Principal Act is amended by omitting paragraph (b) of sub-section (2) and substituting the following paragraph:
“(b) statements of principles governing decisions of the Repatriation Review Tribunal, being principles deduced by the Commission from—
statements of reasons for decisions of that Tribunal prepared in accordance with sub-section (1) of section 107vk; or
statements of reasons for decisions of the Administrative Appeals Tribunal on reviews in accordance with directions under sub-section (8) of section 107vzzb of this Act prepared in accordance with sub-section (2) of section 43 of the Administrative Appeals Tribunal Act 1975; and”.
After section 17 of the Principal Act the following section is inserted:
Delegation by Minister
“17a.
The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under this Act other than this power of delegation.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
“(3) A delegation under this section does not prevent the exercise of a power by the Minister.”.
Section 23 of the Principal Act is amended by omitting the definition of “Appeal Tribunal”.
Section 24a of the Principal Act is repealed and the following section substituted:
Death or mental affliction of claimant
“24a. (1) On the death of a claimant, the legal personal representative of the claimant or, if there is no legal personal representative of the claimant, a person approved by the Commission as a representative of the claimant may, for any purpose in connection with the claim of the claimant, in respect of any period before the death of the claimant, take such action as the claimant could have taken if he had not died and, for that purpose, the legal personal representative, or the person so approved as the representative, of the claimant shall be treated as if he were the claimant.
“(2) A person approved by the Commission as the representative of a member of the Forces, or a dependant of a member of the Forces, who is mentally afflicted may—
lodge a claim on behalf of the afflicted person and, for any purpose in connection with that claim, take such action as the afflicted person could have taken if he were not mentally afflicted; or
for any purpose in connection with a claim lodged by the afflicted person, take such action as the afflicted person could have taken if he had not become mentally afflicted,
and, for that purpose, the representative shall be treated as if he were the afflicted person.
“(3) In this section, ‘claim’ means a claim for a pension, and includes an application under Part IIIa for a review of a decision of the Commission or a Board, and ‘claimant’ has a corresponding meaning.”.
Section 29 of the Principal Act is amended—
by omitting from sub-section (1) “making” and substituting “service on the claimant, in accordance with section 47a, of a copy”; and
by omitting sub-section (2).
Section 31 of the Principal Act is amended—
by omitting from sub-section (1) “under this Division” and substituting “(other than a service pension)”; and
by adding at the end thereof the following sub-section:
“(3) This section—
does not apply in relation to—
a decision of the Repatriation Review Tribunal referred to in section 107vzb;
a decision of the Administrative Appeals Tribunal referred to in section 107vzb in its application by virtue of section 107vzze;
a decision of the Repatriation Review Tribunal referred to in sub-section (1) of section 107vzc that is binding on the Commission by reason that the appropriate period specified in that sub-section has not expired; or
a decision of the Administrative Appeals Tribunal referred to in sub-section (1) of section 107vzc, in its application by virtue of section 107vzze, that is binding on the Commission by reason that the appropriate period specified in that sub-section has not expired; and
subject to section 107vj and sub-section (2) of section 107vzc, does not apply in relation to an assessment made by a decision to which sub-paragraph (iii) or (iv) of paragraph (a) applies.”.
Hearing and determination of claims, &c.
Section 47 of the Principal Act is amended—
by omitting from sub-section (1)—
“, a Board, an Appeal Tribunal or an Assessment Appeal Tribunal, in hearing, considering, determining or deciding a claim, application or appeal”
and substituting—
“or a Board, in hearing, considering, determining or deciding a claim or application, and the Commission, in hearing, considering or deciding an appeal”; and
by omitting sub-section (2) and substituting the following sub-section:
“(2) The Commission or a Board shall grant a claim or application, and the Commission shall allow an appeal, unless it is satisfied, beyond reasonable doubt, that there are insufficient grounds for granting the claim or application or allowing the appeal, as the case may be.”.
Section 47b of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:
“(b) the service on a person, in accordance with section 47a, of a copy of a determination, decision or assessment.”.