Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Friday, 16 May 1930

Senator McLACHLAN (South Australia) . - The provisions of clause 78 and the immediately following clause, to which I direct the attention of honorable senators, have been inserted to meet the very point elaborated by Sena- tor Payne. The proponent may represent himself to he of certain age, and the onus is thrown on the company to serve him with a reminding notice until proof of age is finally established. That is essential before anything can be received under the policy. I cannot see that we can adopt any machinery similar to that embodied in clause 79.

Senator Payne - Would it not be possible to adopt machinery similar to that provided in clause 77? Then, if the company declined to accept the proof of age tendered, the court would decide the matter. The policies covered by clause 77 are onlythose issued prior to the passage of this bill.

Senator McLACHLAN - I am glad that Senator Payne has drawn my attention to that fact. I shall look into the matter and bring the clause before the committee again.

Senator SirGEORGEPEARCE (Western Australia) [12.1] . -Senator McLachlan might also consider the advisability of adding to this clause a provision similar to clause 79, which enables an application to be made to the court to establish proof of death. In the clause now under consideration, provision is made for proof of age, but the company is the sole judge and judgment is not given until after death. I think that provision should be made to permit the beneficiary to make an application to the court for an order directing the company to accept the proof of age tendered.

Senator McLachlan - I shall endeavour to make provision for that in clause77.

SenatorRAE (New South Wales) [12.3].- When it is difficult to establish proof of age in the case of applicants for old-age pensions, police magistrates are asked to give a judgment on the apparent age of an applicant, on his physical appearance and on other corroborative evidence. I think we should make the procedure simple, and at the same time we should see that every opportunity is given to get the age of the policy-holder admitted prior to death.

Clause agreed to.

Clause 79 agreed to.

Clause 80-

(1)   The property and interest of any per son in a policy effected upon his own life shall not be liable to be applied or made available in payment of his debts by any judgment, order or process of any Court, and shall not, in the event of his bankruptcy or any assignment made by him for the benefit of his creditors, pass to the trustee, receiver or assignee of his estate.

Suggest corrections