AUSTRALIAN SOLDIERS’ REPATRIATION.
No. 74 of 1930.
An Act to repeal Sections Forty-five n and Forty-five p of the Australian Soldiers’ Repatriation Act 1920-1929 and to enact other sections in lieu thereof.
[Assented to 16th December, 1930.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Australian Soldiers’ Repatriation Act 1930.
(2.) The Australian Soldiers’ Repatriation Act 1920-1929 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920-1930.
Commencement.
2. This Act shall be deemed to have commenced on the first day of June One thousand nine hundred and twenty-nine.
3. Sections forty-five n and forty-five p of the Principal Act are repealed and the following sections inserted in their stead:—
Appeals to Assessment Appeal Tribunals.
“45n.—(1.) Any member of the Forces—
(a) who is in receipt of a pension under this Act; or
(b) who is not in receipt of a pension but as to whom the Commission or an Appeal Tribunal has determined that he has an incapacity the result of any occurrence happening during the period he was a member of the Forces, or of his employment in connexion with naval or military preparations or operations, as the case may be, and the Commission has decided that the incapacity is so slight that it does not warrant a pension assessment,
may, within three months after—
(c) the commencement of this section;
(d) the date of the notification of the assessment by the Commission of his pension, or the date of refusal by the Commission to alter the existing assessment; or
(e) the date of the notification by the Commission that the incapacity of the member of the Forces did not warrant a pension assessment,
whichever is the later, lodge with the prescribed person an appeal in the prescribed form against the current assessment of the rate of his pension, or against the decision that a pension assessment is not warranted, as the case may be.
“(2.) The person with whom an appeal is lodged under the last preceding sub-section shall forward it to the Commission which shall transmit it to an Assessment Appeal Tribunal with all the records relative to the assessment appealed against, or to the decision that a pension assessment was not warranted, as the case may be.
Decision of appeals.
“45p. An Assessment Appeal Tribunal shall, after considering an appeal lodged by a member of the Forces in pursuance of the last preceding section, decide the appeal and may increase or continue any assessment of such pension or make an assessment, and the Tribunal shall forthwith give notice in the prescribed form to the Commission and to the appellant of the decision.”.
Overview
The Australian Soldiers’ Repatriation Act 1930 was enacted to address issues related to the assessment and appeals process for pensions of Australian soldiers who had served in the forces. This Act replaced sections forty-five n and forty-five p of the Australian Soldiers’ Repatriation Act 1920-1929, providing a revised framework for pension assessments and appeals. Enacted by the Commonwealth Parliament, the Act was designed to streamline the process and ensure fairness in the determination of pension rates for soldiers who had suffered incapacity due to their service. The policy objective behind this Act was to provide a more effective and responsive mechanism for addressing the needs of soldiers who had been affected by their military service, ensuring that their claims for pension and assessment were properly and promptly considered.
Scope and Application
The Australian Soldiers’ Repatriation Act 1930 applies to any member of the Forces who is currently receiving a pension under the Act or who has previously been assessed for a pension but has not been awarded one, where the assessment determined that their incapacity was too slight to warrant a pension. This Act pertains to individuals who were injured or became incapacitated during their service or due to their involvement in naval or military preparations or operations. The Act's jurisdiction is national, as it is a Commonwealth Act, and it extends to all members of the Forces throughout Australia. The Act does not specify any exclusions, exemptions, or thresholds, but it does provide a mechanism for the appeal of pension assessments through the Assessment Appeal Tribunals. Additionally, the Act may extend its application through subordinate instruments, which would be detailed in regulations or other legal documents issued under the authority of the Act.
Key Provisions
The Australian Soldiers’ Repatriation Act 1930, commencing on the first day of June 1929, modifies specific sections of the Australian Soldiers’ Repatriation Act 1920-1929. Sections forty-five n and forty-five p of the Principal Act are repealed and replaced with new provisions. Under section 45n, any member of the Forces receiving a pension or determined to have an incapacity, but not warranted for a pension, can appeal the pension assessment or the decision not to assess within three months of the relevant date. This date can be the commencement of the section, the date of notification of the pension assessment, the date of refusal to alter the assessment, or the date of notification that an assessment is not warranted, whichever is the latest. The appeal must be lodged with the prescribed person in the prescribed form.
The obligations imposed by this Act require the Commission to forward any appeals to an Assessment Appeal Tribunal along with relevant records. Section 45n mandates that the Tribunal, after considering the appeal, must decide on it and may either increase, continue, or make an assessment of the pension. The Tribunal is also required to notify both the Commission and the appellant of the decision in the prescribed form. These provisions ensure that there is a formal process for reviewing pension assessments for members of the Forces who believe they are unfairly treated.
Breaches of the provisions under this Act may result in administrative or legal consequences, although specific penalties are not detailed within the text provided. Generally, failure to comply with the requirements of lodging an appeal within the specified time frame or providing incomplete information could lead to the dismissal of the appeal or other administrative actions. It is also possible that more severe civil or criminal penalties could apply depending on the nature of the breach and the discretion of the Tribunal or relevant authorities.