The Chairman of the Repatriation Commission has forwarded for advice the following memorandum:

A pensioner was granted a full pension on 2.2.1916 which was subsequently reduced to half rate on 12.10.1916 and latterly increased to three-quarter rate as from 7.10.1920. This was on the examining medical officer's assessment at each review.

Pensioner now applies for the pension to be amended to three-quarter rate as from 12.10.1916 to date of increase, 7.10.1920.

Pensioner's claim is supported by the evidence of the Medical Board which shows that the pension granted on 12.10.1916 at half rate was for defective vision only; whereas other serious head injuries which were existent at the date of casualty were not discovered until recently disclosed through an X-ray examination, and were not taken into consideration prior to 7.10.1920 when assessing the degree of incapacity.

The Commission now desires an opinion as to whether it has power to approve of pensioner's claim for three-quarter rate as from 12.10.1916 to 30.6.1920, in view of the fact that the administration of the War Pensions Act prior to 1 July 1920-when it was incorporated in the Australian Soldiers' Repatriation Act No. 6 of 1920-was administered by the Treasury. Section 3 of the Australian Soldiers' Repatriation Act 1920 provides as follows:

The Australian Soldiers' Repatriation Act 1917-1918 and the War Pensions Act 1914-1916 are hereby repealed:

Provided that any right, privilege, obligation, or liability acquired, accrued or incurred under any Act repealed by this Act shall, subject to this Act, continue as if arising under this Act. Sections 27 and 28 of that Act provide as follows:

28. An appeal shall lie to the Commission from any assessment or determination of a Board under this Part.
29. Whenever it appears to the Commission that, under this Act, sufficient reason exists for reviewing any assessment or determination under this Part the Commission may review the assessment or determination.

Under section 6 of the War Pensions Act 1914-1916 an appeal lay to the Commissioner of Pensions from any assessment or determination of a Deputy Commissioner under that Act.

By section 7 of the War Pensions Act 1914-1916 the Commissioner had power to review any assessment or determination under that Act.

In my opinion section 3 of the Australian Soldiers' Repatriation Act preserves that right of appeal and liability to review as if the assessment or determination had been made under the Australian Soldiers' Repatriation Act 1920, and the Commission in the present case has power to approve of the pensioner's claim for three-quarter rate as from 12 October 1916 to 30 June 1920.

[Vol.17, p. 498]