AUSTRALIAN SOLDIERS’ REPATRIATION (NO. 3).
No. 42 of 1937.
An Act to amend sections twenty-two and thirty-nine of the Australian Soldiers’ Repatriation Act 1920–1937.
[Assented to 13th. December, 1937.]
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 (No. 3) 1937. .
(2.) The Australian Soldiers’ Repatriation Act 1920–1936, as amended by the Australian Soldiers’ Repatriation Act 1937 and by the Australian Soldiers’ Repatriation Act (No. 2) 1937, is in this Act referred to as the Principal Act.
(3.) Section one of the Australian Soldiers’ Repatriation Act (No. 2) 1937 is amended by omitting sub-section (4.).
(4.) The Principal Act, as amended by this Act, may be cited as the Australian Soldiers’ Repatriation Act 1920–1937.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Definition of “Dependants”.
3. Section twenty-two of the Principal Act is amended by omitting from the definition of “Dependants” the words “first day of October One thousand nine hundred and thirty-one” and inserting in their stead the words “thirtieth day of June One thousand nine hundred and thirty-eight”.
4. Section thirty-nine of the Principal Act is repealed and the following section inserted in its stead:—
Pension payable to dependants on death of a member after discharge.
39.—(1.) The dependants of a person who has been a member of the Forces and who has died or dies, after the date of his discharge, from causes other than the result of an occurrence happening during the period during which he was a member of the Forces, shall, subject to this Act, be entitled to receive such pension (if any) as—
(a) was being paid;
(b) was payable;
(c) would, but for the fact that a claim although lodged had not been determined, have been payable; or
(d) would, if a claim for a pension had been lodged prior to the death of the member, have been payable,
to them under this Division, immediately prior to the death of the member.
“(2.) Where a person who has been a member of the Forces has died or dies from causes, other than the result of an occurrence happening during the period during which he was a member of the Forces, and has left or leaves a widow who had married him at any time during the period commencing on the second day of October One thousand nine hundred and thirty-one and ending on the thirtieth day of June One thousand nine hundred and thirty-eight or a child born to him during that period, the widow and any such child shall, subject to this Act, be entitled to receive such pension (if any) as could have been granted to them under this Division had they, prior to the death of the member, been dependants and applied for such pension.”.
Date of commencement of pensions.
5. No pension the right to which arises from the amendment effected by section three of this Act or from sub-section (2.) of section thirty-nine inserted in the Principal Act by section four of this Act shall be payable in respect of any period prior to the date of the commencement of this Act or the date of the receipt by the Repatriation Commission of the application for the pension, whichever is the later.
Overview
The Australian Soldiers' Repatriation Act (No. 3) 1937 was enacted to amend certain provisions of the Australian Soldiers' Repatriation Act 1920-1937. This Act was introduced to address the need for updating the eligibility criteria for dependants of soldiers who had served in the Australian Forces and to ensure that dependants receive pensions in the event of the soldier's death after discharge from service. Enacted by the Commonwealth Parliament, the policy objective of this Act was to provide updated and more inclusive provisions for the pensions of the dependants of deceased soldiers. The Act specifically modifies the definition of "dependants" and adjusts the pension payment criteria for dependants of soldiers who died after their discharge from the Forces.
Scope and Application
The Australian Soldiers’ Repatriation Act (No. 3) 1937 amends the Australian Soldiers’ Repatriation Act 1920–1937, with a focus on the definition of "Dependants" and the conditions under which pensions may be payable to the dependants of deceased soldiers. This legislation applies to individuals who were members of the Australian Forces and their dependants, specifically targeting the period between the second day of October 1931 and the thirtieth day of June 1938. It provides clarification and adjustments to the eligibility criteria for pensions, ensuring that dependants who meet specific criteria are entitled to receive pensions that would have been payable had the deceased soldier applied for them prior to their death. The Act's provisions extend to the Commonwealth of Australia and are applicable to all relevant persons and entities within this jurisdiction. The commencement date of the Act is to be fixed by proclamation, and pensions payable under the amended Act will not be retroactive to any period before the Act's commencement or the date the Repatriation Commission receives the pension application, whichever is later.
Key Provisions
The Australian Soldiers’ Repatriation Act (No. 3) 1937 primarily amends two sections of the Australian Soldiers’ Repatriation Act 1920–1937, namely sections 22 and 39. Section 3 of the Act changes the definition of “Dependants” by altering the date from which certain dependencies are recognized, shifting it from 1 October 1931 to 30 June 1938. This change ensures that the eligibility criteria for dependants are updated, potentially affecting who qualifies for benefits under the Act. Section 4 repeals section 39 of the Principal Act and replaces it with a new section that specifies the conditions under which pensions are payable to the dependants of a member who dies after discharge from service, provided the death was not a result of an occurrence during their service. If the deceased had a widow or child born during a specific period (from 2 October 1931 to 30 June 1938), these dependants also become eligible for pension payments.
The Act imposes specific obligations on the Repatriation Commission and the dependants it governs. The Commission is required to ensure that pensions are calculated and disbursed in accordance with the amended provisions, specifically considering the updated dependency dates and conditions. Dependants, on the other hand, must submit applications for pensions within the stipulated timeframes, and these applications must be received by the Commission on or after the Act's commencement date or the date of receipt of the application, whichever is later. The Act mandates that no pension be backdated to a period before the Act’s commencement or the receipt of the pension application, whichever is later.
Breaching the obligations set forth in the Act may lead to civil or administrative consequences. For instance, if the Repatriation Commission fails to process pension applications in accordance with the amended provisions, it may be subject to legal challenges or administrative reviews. Dependants who do not adhere to the application deadlines may not be eligible for the benefits they are entitled to under the Act. While the Act does not explicitly state criminal penalties for breaches, non-compliance with its provisions could result in disputes that may need to be resolved through the courts, potentially leading to financial penalties or other civil remedies.