Statutory Rules 1982 No. 221¹

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Air Force Regulations² (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Force Act 1923.

            Dated 9 September 1982.

                                                                                                             N. M. STEPHEN

                                                                                                            Governor-General

     By His Excellency’s Command,

IAN SINCLAIR

Minister of State for Defence

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Interpretation of this Division

          1.    Regulation 616 of the Air Force Regulations is amended—

                (a)    by inserting “, maintenance and accommodation” after “means treatment” in the definition of “hospital treatment”;

               (b)    by inserting “, transport in an ambulance” after “dental treatment” in the definition of “medical or other treatment”; and

                (c)    by inserting after the definition of “member” the following definition:

“ ‘Repatriation hospital’ means a hospital established, controlled or administered by the Repatriation Commission under the Repatriation Act 1920.”.

Members having claims for damages—recovery of certain costs

          2.    Regulation 632A of the Air Force Regulations is amended—

                (a)    by omitting from sub-regulation (1) all words after “pay to the Commonwealth” and substituting “an amount, fixed by the Minister, not exceeding—

                         (c)    in respect of hospital treatment or medical or other treatment provided for the member when he was an in-patient at a service or Repatriation hospital in a State referred to in Schedule 5—an amount calculated in accordance with Schedule 5 in respect of each day on which the member was provided with that treatment; or

                         (d)    in respect of any other hospital treatment or medical or other treatment—the expense incurred by the Commonwealth for the treatment”; and

               (b)    by adding at the end thereof the following sub-regulations:

                        “(3)      In sub-regulation (1), the references to a member, other than the first of those references, shall be read as including a reference to a person—

                         (a)    who, when he was a member, was provided under this Part with hospital treatment or medical or other treatment at the expense of the Commonwealth; and

                         (b)    who has ceased to be a member.

                        “(4)      For the purpose of calculating an amount referred to in paragraph (1) (c), the day on which a member enters a hospital as an in-patient and the day on which he ceases to be an in-patient of the hospital shall be counted together as one day.”.

Schedule 5

          3.    The Air Force Regulations are amended by adding after Schedule 4 the following Schedule:

SCHEDULE 5

CHARGE FOR EACH DAY ON WHICH MEMBER WAS AN IN-PATIENT AT A SERVICE OR REPATRIATION HOSPITAL IN A STATE

1.       Notified in the Commonwealth of Australia Gazette on 17 September 1982.

2.       Statutory Rules 1927 No. 161 as amended to date. For previous amendments see Note 2 to Statutory Rules 1982 No. 3 and see also Statutory Rules 1982 Nos. 3, 6, 37, 51, 104, 109, 174, 182 and 203.