Australian Soldiers' Repatriation Act 1938

Legislation au C1938A00055 Not in force Act

Legislation content

AUSTRALIAN SOLDIERS’ REPATRIATION.

 

No. 55 of 1938

An Act to amend the Australian Soldiers’ Repatriation Act 1920-1937.

[Assented to 10th December, 1938.]

[Date of commencement, 7th January, 1939.]

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 1938.

(2.) The Australian Soldiers’ Repatriation Act 1920-1937 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 1920-1938.

2. After section thirty-nine b of the Principal Act the following section is inserted:—

Pension of member afflicted with lunacy.

“40.—(1.) The war pension payable to an unmarried member of the Forces who is afflicted with lunacy, or to a married member so afflicted the pension of whose wife has been terminated in pursuance of section thirty-seven of this Act, may be retained by the Commission and expended or invested in accordance with this section.

(2.) The moneys retained by the Commission in accordance with this section, and the interest on any moneys invested by the Commission, may be applied towards—

(a) the provision of clothing or comforts for the member, or such other form of assistance to him as the Commission determines;

(b) the payment of such allowances (if any) as the Commission thinks fit to any members of the family of the member who are in necessitous circumstances; and

(c) the cost of maintenance of the member while he is an inmate of an institution:

Provided that the amount applied for the purpose specified in paragraph (c) of this sub-section shall not exceed one-half of the amount of the pension retained.

(3.) Any amounts not expended by the Commission for the purposes specified in the last preceding sub-section may be invested on behalf of the member in any of the investments authorized by the law of the Commonwealth or a State for the investment of trust funds.

(4.) The Commission may from time to lime vary or realize any investment made in pursuance of sub-section (3.) of this section.


(5.) On the recovery of the member from his affliction, the Commission shall render to him an account relating to the moneys retained invested and expended in pursuance of this section, and shall pay to him any balance held by the Commission on his behalf and an amount equal to that applied for the purpose specified in paragraph (c) of sub-section (2.) of this section, and shall transfer to him any investments held on his behalf or realize those investments and pay him the proceeds thereof.

(6.) On the death of the member the moneys held and investments made on his behalf by the Commission shall not form part of his estate, but the whole or part of such moneys and investments or the proceeds thereof, and the whole or part of an amount equal to that applied for the purpose specified in paragraph (c) of sub-section (2.) of this section, may be applied by the Commission towards the payments of allowances of the kind specified in paragraph (b) of sub-section (2.) of this section, whether granted by the Commission before or after his death, or may be distributed among such members of his family, and in such proportions, as the Commission determines.”.

Amendment of Fourth Schedule.

3. The Fourth Schedule to the Principal Act is amended by omitting the words “The pension payable to an unmarried member of the Forces afflicted with lunacy shall be held by the Commission and administered by it on behalf of the member in such manner as it thinks fit.”.

Application of Act.

4. The application of the amendments effected by this Act shall extend, and shall be deemed to have extended, to any pension payable to an unmarried member of the Forces afflicted with lunacy, or to a married member so afflicted the pension of whose wife has been terminated in pursuance of section thirty-seven of the Principal Act, which, on or before the commencement of this Act, is or has been held by the Commission and administered by it on behalf of the member in pursuance of the Fourth Schedule to the Principal Act.

Overview

The Australian Soldiers’ Repatriation Act 1938 was enacted by the Commonwealth Parliament to amend the Australian Soldiers’ Repatriation Act 1920-1937, addressing the specific issue of the administration of pensions for soldiers afflicted with lunacy. This legislation sought to provide more structured and effective management of the financial resources of those incapacitated by mental illness, ensuring that their pensions could be used to provide necessary support and care both during their affliction and upon their recovery or death. By inserting a new section into the Principal Act and amending the Fourth Schedule, the 1938 Act introduced measures to allocate pension funds towards the individual's care, family support, and institutional costs while retaining the flexibility for investment and distribution of any unexpended funds. This legislative amendment aimed to better support the affected soldiers and their families, ensuring that their needs were met comprehensively and efficiently.

Scope and Application

The Australian Soldiers’ Repatriation Act 1938 applies to pensions held by the Repatriation Commission for unmarried or married Australian soldiers afflicted with lunacy, whether such pensions were held prior to or after the commencement of this Act. The Act amends the Australian Soldiers’ Repatriation Act 1920-1937 to provide for the retention, expenditure, and investment of these pensions. This Act extends to any pension payable under the Principal Act that was held by the Commission before the commencement of this Act. The Act’s provisions also apply to pensions terminated in accordance with section thirty-seven of the Principal Act. The amendments made by this Act do not extend to pensions not held by the Commission or to those held under different circumstances. The application of this Act is not restricted by subordinate instruments.

Key Provisions

The Australian Soldiers’ Repatriation Act 1938 introduces significant amendments to the Australian Soldiers’ Repatriation Act 1920-1937, primarily concerning the handling of war pensions for members afflicted with lunacy. Section 40 of the Act provides that the war pension for an unmarried member or a married member whose wife’s pension has been terminated due to lunacy may be retained by the Commission. The retained funds and any interest from investments can be used to provide clothing, comforts, or other assistance to the afflicted member, pay allowances to family members in need, and cover the member's maintenance costs in an institution, with the latter not exceeding half of the retained pension. The Act imposes obligations on the Repatriation Commission to manage and administer these retained funds prudently. This includes ensuring that any unexpended amounts are invested in approved securities and that the Commission can vary or liquidate these investments as necessary. Upon the recovery of the afflicted member, the Commission must render an account of the retained, invested, and expended funds, and return any remaining balance along with an equivalent amount for the maintenance costs to the member. If the member dies, the Commission can apply the remaining funds and investments towards family allowances or distribute them among family members as deemed appropriate. Failure to comply with the provisions of this Act could result in legal consequences, although the Act itself does not explicitly state penalties for non-compliance. However, the careful management and transparent accounting of pension funds underscore the importance of adherence to the stipulated guidelines to avoid potential legal ramifications or financial mismanagement.

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Veterans Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Reporting & Disclosure Obligations
Administrative Discretion
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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.