AUSTRALIAN SOLDIERS’ REPATRIATION.
No. 6 of 1920.
An Act to make provision for the Repatriation of Australian Soldiers and for other purposes.
[Assented to 19th May, 1920.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
1. This Act may he cited as the Australian Soldiers’ Repatriation Act 1920.
Commencement.
2. This Act shall commence on a day to be fixed by Proclamation.
Repeal.
3. The Australian Soldiers’ Repatriation Act 1917-1918 and the War Pensions Act 1914-1916 are hereby repealed:
Provided that any right, privilege, obligation, or liability acquired, accrued or incurred under any Act repealed by this Act shall, subject to this Act, continue as if arising under this Act.
Parts.
4. This Act is divided into Parts as follows:—
Part I.—Preliminary.
Part II.—Administration.
Part III.—Pensions.
Part IV.—Assistance and Benefits.
Part V.—Miscellaneous.
Application of Act to Territories.
5. This Act shall apply to any Territory under the authority of the Commonwealth.
Definitions.
6. In this Act, unless the contrary intention appears—
“Board” means a Repatriation Board appointed under this Act;
“Commission” means the Repatriation Commission appointed under this Act;
“Commissioner” means a member of the Commission;
“Minister” means the Minister of State for Repatriation or the Minister for the time being administering this Act.
Part II.—Administration.
Commission.
7.—(1.) For the purposes of this Act there shall be a Repatriation Commission which shall, subject to the control of the Minister, be charged with the general administration of this Act.
(2.) The Commission shall be a body corporate with perpetual succession and a common seal and capable of suing and being sued.
(3.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice and shall deem that it was duly affixed.
Members of Commission.
8.—(1.) The Commission shall consist of three members who shall be appointed by the Governor-General.
(2.) Any organization representing returned soldiers throughout the Commonwealth, may submit to the Minister a list containing the names of not less than three persons from which the organization recommends that a selection be made of a person to be appointed as one of the Commissioners, and the Governor-General may appoint a person selected from any list so submitted to be one of the Commissioners.
(3.) The Governor-General shall appoint one of the Commissioners to be chairman of the Commission.
(4.) In the case of the illness, or absence from Australia, or suspension of any Commissioner, or in the event of the office of a Commissioner becoming vacant, the Governor-General may appoint a person to act during the illness, absence or suspension, or until the appointment of a Commissioner, as the case may be, and the person so acting shall have all the powers and perform all the duties of a Commissioner.
(5.) At their first…
Overview
The Australian Soldiers' Repatriation Act 1920 was enacted to address the needs of Australian soldiers who had served during the First World War, providing them with repatriation benefits and pensions. The Act was passed by the Australian Parliament and was assented to on 19 May 1920. It repealed previous acts related to the repatriation and pensions of soldiers, consolidating the provisions into this single Act. The policy objective was to ensure that Australian soldiers and their families received appropriate support and benefits following their service. The Act established a Repatriation Commission to oversee the administration of pensions and benefits, and it defined categories of dependants eligible for pensions, as well as the rates of those pensions. The Act also provided for the establishment of Local Committees to manage funds for local assistance and benefits, and it allowed for the creation of cooperative businesses with financial assistance from the Commission.
Scope and Application
The Australian Soldiers' Repatriation Act 1920 applies to Australian soldiers who served in the Naval or Military Forces during the First World War, including those who served outside of Australia or in the Army Medical Corps Nursing Service. This Act also extends to British reservists who served during the war and were domiciled in the Commonwealth at the time of their enlistment or call-up. The Act applies to both the Commonwealth and its territories. The Act's provisions cover pensions and other forms of assistance for soldiers and their dependants, and it empowers the Repatriation Commission to make regulations for the implementation of its provisions. The Act also includes provisions for the establishment of co-operative businesses and the appointment of Local Committees to administer assistance and benefits. The Act’s application may be extended or restricted through regulations made under its authority.
Key Provisions
- The Australian Soldiers’ Repatriation Act 1920 outlines provisions for the repatriation, pensions, assistance, and benefits for Australian soldiers who served during the First World War. The Act is divided into five parts: Preliminary, Administration, Pensions, Assistance and Benefits, and Miscellaneous. Key sections include the establishment of the Repatriation Commission and Repatriation Boards (sections 7–19), the provision of pensions for members of the Forces and their dependants (sections 23–43), and the granting of assistance and benefits to Australian soldiers and their families (sections 46–56). The Act also outlines the procedures for appeals and the imposition of penalties for breaches of the Act.
- The Act imposes several obligations on the parties it governs. The Repatriation Commission is responsible for the general administration of the Act, including the assessment and payment of pensions, and the approval of regulations (sections 7–11). The Repatriation Boards are responsible for determining claims for pensions, the extent of dependency, and the assessment of rates of pension (sections 19–26). Members of the Commission and Boards are appointed by the Governor-General and are subject to suspension or removal for inability, inefficiency, or misconduct (sections 15–16). Officers employed under the Act are also subject to specific conditions and may not be subject to the Commonwealth Public Service Act 1902-1918 (sections 20–21).
- The Act imposes penalties for breaches, including offences related to the fraudulent obtaining of pensions or instalments, the making of false statements or documents, and the improper use of gifts or loans (sections 44, 56). The maximum penalty for such offences is one hundred pounds or imprisonment for one year. Additionally, the Act provides for the review and suspension of pensions for members of the Forces who are convicted of an offence and sentenced to imprisonment (sections 30–31).
- In summary, the Australian Soldiers’ Repatriation Act 1920 establishes a comprehensive framework for the administration of pensions, assistance, and benefits for Australian soldiers and their families, with specific provisions for the appointment, powers, and duties of the Repatriation Commission and Boards, and the imposition of penalties for breaches of the Act.
- Area of Law
- Military Law
- Veterans Affairs
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Offence Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
