Repatriation Acts Amendment Act 1979
No. 18 of 1979
An Act relating to repatriation and related matters.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title
1. This Act may be cited as the Repatriation Acts Amendment Act 1979.
Commencement
2. (1) 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.
(2) The remaining provisions of this Act shall come into operation on 1 July 1979.
PART II—AMENDMENTS OF THE REPATRIATION ACT 1920
Principal Act
3. The Repatriation Act 1920 is in this Part referred to as the Principal Act.
Interpretation
4. Section 6 of the Principal Act is amended—
(a) by adding at the end of sub-section (1) the following definition:
“‘Tribunal’ means the Repatriation Review Tribunal established by section 107vb.”; and
(b) by adding at the end thereof the following sub-section:
“(3) In this Act—
(a) 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;
(b) 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
(c) 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.”.
Boards to consult and co-operate with Commission
5. 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—
(i) statements of reasons for decisions of that Tribunal prepared in accordance with sub-section (1) of section 107vk; or
(ii) 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”.
6. After section 17 of the Principal Act the following section is inserted:
Delegation by Minister
“17a. (1) 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,…
Overview
The Repatriation Acts Amendment Act 1979 was enacted to address gaps and issues in the existing repatriation legislation, particularly in relation to the review and appeal processes for pension claims and decisions. The Act was passed by the Commonwealth Parliament, consisting of the Queen, the Senate, and the House of Representatives. One of the key policy objectives of this Act is to streamline the review and appeal processes for pension claims by establishing a Repatriation Review Tribunal, thereby reducing the burden on other tribunals and courts and ensuring a more efficient system for claimants. This Act amends several other Acts, including the Repatriation Act 1920, the Interim Forces Benefits Act 1947, the Repatriation (Far East Strategic Reserve) Act 1956, the Repatriation (Special Overseas Service) Act 1962, the Seamen's War Pensions and Allowances Act 1940, and the Repatriation Acts Amendment Act 1978.
Scope and Application
The Repatriation Acts Amendment Act 1979 amends the Repatriation Act 1920 and related legislation to establish the Repatriation Review Tribunal and provide for the review of certain decisions made under the Act. The Act applies to members of the Australian Defence Force, including veterans, their dependents, and other individuals who are eligible for benefits under the Act. The Repatriation Review Tribunal is responsible for reviewing decisions made by the Repatriation Commission and other authorities regarding eligibility for and the amount of pensions and other benefits. The Act also provides for the review of decisions by the Administrative Appeals Tribunal and the Federal Court of Australia. The Act extends to all States and Territories of Australia and includes provisions for the appointment, terms of office, and removal of members of the Repatriation Review Tribunal. The Act includes provisions for the referral of questions of law to the Federal Court of Australia and for appeals to that Court from decisions of the Tribunal. The Act also includes provisions for the review of decisions by the Administrative Appeals Tribunal and for the payment of costs in connection with references and appeals to the Federal Court of Australia.
Key Provisions
- The Repatriation Acts Amendment Act 1979 introduces several key amendments to the Repatriation Act 1920, primarily focusing on the establishment and operations of the Repatriation Review Tribunal, and the extension of certain provisions to other related acts. The Act mandates that the Commission or a Board grant a claim or application, and allow an appeal, unless it is satisfied beyond reasonable doubt that there are insufficient grounds for doing so. It requires that written records of decisions, including statements of reasons, be prepared and served on the claimant or a person authorized by the claimant. Additionally, the Act allows the Minister to delegate any of his powers under the Act, except for the power of delegation itself.
- The Act imposes obligations on parties and entities governed by it, including the requirement for the Commission or a Board to grant a claim or application unless it is satisfied beyond reasonable doubt that there are insufficient grounds for doing so. The Tribunal must also prepare written records of decisions, including reasons, and serve these on the claimant or an authorized person. Furthermore, the Act mandates that the Minister may delegate any powers, except the power of delegation itself.
- Breach of the Act's provisions can lead to civil or criminal consequences. For instance, failure to attend as a witness before the Tribunal without reasonable excuse is punishable by a fine of up to $1,000 or imprisonment for up to 3 months. Similarly, refusal to be sworn or to answer questions when required by a witness before the Tribunal carries the same penalty. Contempt of the Tribunal, such as insulting a member or creating a disturbance, is also subject to a fine of up to $1,000 or imprisonment for up to 3 months. These penalties underscore the seriousness with which the Act regards compliance with its provisions.
- Area of Law
- Repatriation & Military Welfare Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegation & Subordinate Legislation
- Review & Sunset Clauses
- Enforcement Powers
- Rights & Protections