Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1921. No. 31.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS REPATRIATION ACT 1920.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers Repatriation Act 1920, to come into operation forthwith.

Dated this fifth day of February, 1921.

FORSTER,

Governor-General.

By his Excellency’s Command,

ARTHUR S. RODGERS,

Acting Minister of State for Repatriation.

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Amendment of Australian Soldiers Repatriation Regulations 1920.

(Statutory Rules 1920, No. 112, as amended by Statutory Rules 1920, Nos. 125, 150, 151, 236, 243, and 247.)

1. After Part VII. of the Australian Soldiers Repatriation Regulations the following Part and regulations are inserted:—

“VIIa.—Education and Training of Children of Deceased and Totally and Permanently Incapacitated Soldiers.

Definitions.

102a. In this Part, unless the contrary intention appears—

‘a Board’ means a Soldiers’ Children Education Board established under this Part.

‘eligible child’ means the child living at the date of the commencement of this regulation of a deceased Australian soldier or of an Australian soldier who is incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage where the death or incapacity of the Australian soldier—

(a) results or has resulted from any occurrence happening during the period he was actualy serving as an Australian soldier;

(b) does not or did not occur from intentionally self-inflicted injuries; and

(c) does not or did not occur from any circumstance happening during the commission of any breach of discipline by the Australian soldier.

‘Australian soldier’ has the same meaning as in Parts IV. and V. of the Act.

‘the scheme’ means the scheme prepared by the Commission under this Part.

Soldiers’ Children Education Boards.

102b.—(1) For the purpose of making available, for the benefit of eligible children, educational and training facilities, the Commission shall establish, in the capital city of each State, a Board to be called the Soldiers’ Children Education Board.

(2) Subject to the next succeeding sub-regulation a Board shall consist of three representatives to be nominated by the Director or other chief officer of education of a State and representing respectively the State Primary, the State Secondary, and the State Technical Educational Institutions in the State, one representative nominated by the governing body of the University in the State, one representative nominated by the State branch of Returned Sailors and Soldiers Imperial League of Australia, one representative of the Department nominated by the Commission, one representative in respect of each Trust Fund from which the sum of at least £5,000 is contributed for the purposes of the scheme, two representatives nominated in the manner determined by the Commission of such non-State Secondary Schools in the State as donate at least one full free scholarship for the purposes of the scheme, and one representative nominated in the manner determined by the Commission of Headmistresses of such Girls’ Secondary Schools in the State as donate at least one full free scholarship for the purposes of the scheme.

(3) Notwithstanding anything contained in the last preceding sub-regulation the Soldiers’ Children Scholarship Trust in the State of Western Australia and such other persons as are nominated in accordance with the last preceding sub-regulation as the representative of such of the bodies and persons mentioned in the last preceding sub-regulation as are not represented in the Trust shall be deemed to be the Board in the State of Western Australia.

(4) At their first meeting in each calendar year the members of a Board shall elect one of their number to be the Chairman of the Board and another member to be the Deputy Chairman of the Board.

(5) In the absence of the Chairman from any meeting of the Board, the Deputy Chairman shall preside, and in the absence of both the Chairman and the Deputy Chairman, the members present at the meeting shall elect one of their number to preside at the meeting.

(6) The Chairman, and, in his absence, the Deputy Chairman, and in the absence of both the member elected to preside at the meeting of a Board, shall have a casting vote only.

(7) Five members of a Board shall form a quorum.

Vacancies in Board.

102c.—(1) Any member of a Board who is absent without leave from three consecutive meetings of the Board shall cease to be a member of the Board.

(2) In the event of a vacancy occurring by reason of the death, resignation or forfeiture of office of any member of a Board, the vacancy shall be filled in the same manner as the member, whose death, resignation or forfeiture of office caused the vacancy, was chosen.

Education scheme.

102d.—The Commission shall prepare a scheme for providing facilities for the education and training of eligible children, and may co-operate with the Soldiers’ Children Education Boards in the execution of the scheme.

Powers of Board.

102e.—A Board shall, subject to the provisions of the scheme, have power—

(a) to secure the granting of free scholarships to eligible children;

(b) to require applicants to furnish such information in addition to that contained in their applications, as the Board thinks fit;

(c) to grant or refuse applications and place the children to be benefited in the proper courses of education or training selected;

(d) to obtain, from time to time, reports on the progress of children so placed;

(e) to grant maintenance allowances to children so placed or to their mothers or guardians;

(f) to make recommendations to the Commission with respect to the welfare of children so placed; and

(g) to delegate any of its powers under this Regulation except its powers of delegation to a sub-Committee of its members so that the delegated powers may be exercised by the sub-Committee.

Application for assistance.

102f.—Applications for benefits or assistance under this Part shall be made in the first instance to a Deputy Commissioner of Repatriation or to the Secretary of the Local Committee nearest to the place of residence of the applicant.

Appeal to Commission.

102g.—Where a Board refuses an application the applicant may appeal to the Commission stating the grounds of appeal, and the decision of the Commission shall be final.

Special cases.

102h.—A Board may refer to the Commission, with its recom­mendation, any application which cannot he dealt with under the scheme, but which, in the opinion of the Board, should receive special consideration, and the Commission may, in its discretion, grant or refuse the application.”

2. Before the forms in the Australian Soldiers Repatriation Regulations the heading “The Schedule” is inserted.

   

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