Repatriation Legislation Amendment Act 1985

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Repatriation Legislation Amendment Act 1985

No. 90 of 1985

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE REPATRIATION ACT 1920

3. Principal Act

4. Interpretation

5. Pensions upon death or incapacity

6. Who may make claim or application

7. Failure of pensioner to attend at review

8. Repeal of sections 35a and 35b

9. Pension payable for limited period in certain cases

10. Pensions to spouses to cease upon dissolution of marriage

11. Gratuity to certain persons on re-marriage or marriage

12. Maximum pension payable to widowed mother

13. Pensions to certain dependent females

14. Pension to divorcee of member

15. Pension payable to dependants on death of member after termination of war service

16. Hearing and determination of claims, &c.

17. Extension of application of Act to certain male members of the Forces

18. Liability of Commonwealth to pay pensions to certain male members of the Forces

19. Extension of application of Act to certain female members of the Forces

20. Repeal of section 106 and substitution of new section—

106. Pensions to dependants of certain female members of the Forces

TABLE OF PROVISIONS—continued

Section

21. Extension of application of Act to certain male members of the Forces

22. Liability of Commonwealth to pay pensions to certain male members of the Forces

23. Extension of application of Act to certain female members of the Forces

24. Extension of application of Act to members to whom this Division applies

25. Interpretation

26. Liability of Commonwealth to pay pensions to certain members of the Forces, &c.

27. Repeal of section 107n and substitution of new section—

107n. Conditions of payment of pension to certain dependants of female members to whom this Division applies

28. Pensions payable to certain dependent females of members of the Forces

29. Pensions payable to certain dependent females of members of a Peacekeeping Force

30. Dual entitlement

31. Application for review

32. Decision of Board

33. Schedule 1

34. Schedule 2

35. Repeal of Schedule 3 and substitution of new Schedule

PART III—AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940

36. Principal Act

37. Interpretation

38. Grant of pensions

39. Repeal of sections 16 and 17

40. Rates of pension on death or total incapacity

41. Pension to de facto wife

42. Pension of separated widow

43. Limit of payments in certain cases

44. Pensions for limited periods in certain cases

45. Pensions to spouses to cease upon dissolution of marriage

46. Pensions to female dependants to cease on marriage or re-marriage

47. Schedule 1

PART IV—AMENDMENTS OF THE INTERIM FORCES BENEFITS ACT 1947

48. Principal Act

49. War pensions for male members of the Interim Forces

50. War pensions for female members of the Interim Forces

PART V—AMENDMENTS OF THE REPATRIATION (FAR EAST STRATEGIC RESERVE) ACT 1956

51. Principal Act

52. Interpretation

53. Liability of the Commonwealth to pay pensions to members of the Forces

54. Extension of certain…

Overview

The Repatriation Legislation Amendment Act 1985No. 90 of 1985 was enacted to address gaps and inconsistencies in the existing legislation governing war pensions and benefits for Australian military personnel and their dependants. This Act amends several existing Acts, including the Repatriation Act 1920, the Seamen’s War Pensions and Allowances Act 1940, the Interim Forces Benefits Act 1947, the Repatriation (Far East Strategic Reserve) Act 1956, and the Repatriation (Special Overseas Service) Act 1962. The amendments aim to clarify eligibility criteria, update definitions, and streamline the application and review processes for pension claims. The policy objective is to ensure that pension provisions are fair, up-to-date, and aligned with the evolving needs of veterans and their families. The Act was assented to on 6 June 1985 by the Queen, in accordance with the authority of the Parliament of Australia.

Scope and Application

The Repatriation Legislation Amendment Act 1985 amends a range of Acts that govern the payment of pensions to members of the Australian Defence Force and their dependants. The Acts amended are the Repatriation Act 1920, the Seamen’s War Pensions and Allowances Act 1940, the Interim Forces Benefits Act 1947, the Repatriation (Far East Strategic Reserve) Act 1956, and the Repatriation (Special Overseas Service) Act 1962. These amendments apply across the Commonwealth of Australia and affect current and former members of the Australian Defence Force and their dependants, including widows and children. The Act includes amendments to eligibility criteria, the types of pensions available, and the conditions under which pensions are paid, such as the requirement that dependants be without adequate means of support. Certain provisions of the Act cease to be in force six months after its commencement, with the relevant Acts reverting to their pre-amendment state, except in relation to decisions made after that period. The amendments made by the Act extend to subordinate instruments and reviews by the Administrative Appeals Tribunal.

Key Provisions

  • The Repatriation Legislation Amendment Act 1985 primarily amends several existing pieces of legislation concerning repatriation benefits for members of the Australian Defence Force (ADF) and their dependants. The Act modifies the Repatriation Act 1920, the Seamen’s War Pensions and Allowances Act 1940, the Interim Forces Benefits Act 1947, the Repatriation (Far East Strategic Reserve) Act 1956, and the Repatriation (Special Overseas Service) Act 1962. Key amendments include changes to the definition of "dependant," the conditions for pension payments, and the criteria for pension eligibility. The Act also introduces transitional provisions to manage the implementation of these changes.
  • The Act stipulates that pensions are payable to the dependants of a deceased member or to an incapacitated member themselves, contingent on the connection between their war service and the death or incapacity. It also modifies the definition of "dependant" to include only the widow or child of a member, excluding other relatives. Other significant changes include the cessation of pensions for divorced spouses, the cessation of pensions for female dependants upon marriage or remarriage, and the introduction of conditions under which pensions to dependent females are granted. The Act also modifies the criteria for granting pensions to members of peacekeeping forces and hazardous service, ensuring that such pensions are only granted if the dependant is without adequate means of support.
  • The Act imposes obligations on the Repatriation Commission, the Veterans' Review Board, and the Administrative Appeals Tribunal to adhere to the new criteria and conditions for pension eligibility and payment. It also mandates that pensions granted before the commencement of the Act continue to be paid at the existing rates unless the new legislation would have rendered them ineligible for payment.
  • Breach of the provisions of the Act may result in civil or criminal consequences, depending on the nature of the breach. For example, intentionally providing false information to obtain a pension could lead to criminal charges under the Crimes Act 1914. The penalties for such offences could include fines and imprisonment. The Act does not specify maximum penalties within its text but refers to the penalties prescribed in other legislation, such as the Crimes Act 1914. The specific penalties for breaches would depend on the severity and intent behind the breach. Additionally, failure to comply with the Act's provisions could result in the denial or cessation of pension payments, impacting the financial support of the member's dependants.

Legal classification tags

Area of Law
Veterans' Affairs
Social Security & Welfare
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.