Australian Soldiers' Repatriation Regulations 1918 (Amendment)

Legislation au C1919L00044 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1919. No. 44.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917-1918.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1917-1918 to come into operation forthwith.

Dated this twenty-sixth day of February, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN,

Minister of State for Repatriation.

 

Amendment of Australian Soldiers’ Repatriation Regulations 1918.

(Statutory Rules 1918 No. 88, as amended by Statutory Rules 1918, Nos. 179, 197, 215, 254, 296, 308, 325, Statutory Rules 1919, Nos. 20 and 28.)

1. After regulation 8a of the Australian Soldiers’ Regulations, the following regulation is inserted:—

Delegation by Minister.

8b.—(1) The Minister may by writing under his hand and seal delegate any of his powers under these Regulations (except this power of delegation) in relation to any matters or class of matters or to any particular State or Territory so that the delegated powers may be exercised by the delegate with respect to the matters specified or the State or Territory defined in the Instrument of Delegation.”

(2) Every delegation by the Minister shall be revocable in writing at will, and no delegation shall prevent the exercise of any power by the Minister.

(3) Any such delegation by the Minister shall be deemed to operate from the date specified in the said delegation.

2. After regulation 9 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted: —

Homes for blinded soldiers.

“9a.—(1) In addition to any other benefits which a blinded soldier is eligible to receive under the Act or these Regulations, the Minister may provide a blinded soldier with a home at the rental prescribed by this regulation.

“(2) The total cost of such home shall not exceed the sum of £700.


“(3) The blinded soldier may occupy the home for such period as he thinks fit on payment to the Minister of a rental of one shilling per annum.

Provided that where a blinded soldier is not provided with a home under this regulation or under the War Service Homes Act 1918, the Minister may grant him in lieu thereof an allowance of £52 per annum.’’

Allowances to soldiers in hospital.

3. Regulation 48 of the Australian Soldiers Repatriation Regulations is repealed and the following regulation is inserted in its stead:—

48. (a) Where a soldier who is not totally and permanently incapacitated but has dependants, is, after discharge, with the approval of the Departmental Medical Officer or a Local Medical Officer appointed under the Act, under treatment in a hospital or elsewhere for disabilities due to or aggravated by war service, he shall, on production to Deputy Comptroller or a Local Committee outside the metropolitan area of a certificate from the D.M.O. or L.M.O. that he is receiving such treatment, be deemed for the period specified in such certificate to be a totally and permanently incapacitated soldier for the purpose of regulations 47 and 47a inclusive.

(b) A Local Committee outside the metropolitan area may, on production of the certificate required by this regulation, grant the assistance for which the soldier is thereby made eligible without reference to a Deputy Comptroller.

4. Regulation 50 of the Australian Soldiers’ Repatriation Regulations is amended by omitting the words “or professional” in line 2, and by inserting the words “the vocational or professional training of” before the words “a dependant” in line 2.

5. After regulation 50 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted: —

University and professional training.

“50a.—(1) Where an applicant for assistance under this regulation produces evidence to the satisfaction of the State Board that he had, prior to enlistment, entered or intended to enter upon a university course or other course of professional training, the State Board may grant to the applicant assistance in accordance with sub-regulation (2) of this regulation.

Provided that an applicant who had not before enlistment entered upon such a course shall only be granted assistance under this regulation if—

(a) he is not more than 30 years of age at the date of his application, and

(b) he applies for the assistance within six months after his discharge.

“(2) Where the State Board is satisfied that assistance should be granted under this regulation to any applicant the State Board may if it approves of the course selected—

(a) pay by way of gift from time to time the fees payable in connexion with the course;

(b) grant to the applicant, by way of loan, such sum as is necessary to purchase the books, instruments and other articles required by him in connexion with the course;

(c) pay to the applicant, by way of gift, such allowance as will insure to him a weekly income (inclusive of his own pension) of 42s. for one academic year, including the period ordinarily required to enable him to attend the qualifying examination for that year;

(d) pay to the applicant, by way of loan, such allowance as will insure to him a weekly income (inclusive of pension) of 42s. for each subsequent academic year of his course, including the period ordinarily required to enable him to attend the qualifying examination for that year.

Provided that no allowance shall be paid under this regulation during the period between the termination of one academic year and the commencement of the next except for such periods as the attendance of the applicant at the University or other institution, is compulsory,

“(3) The applicant shall give personal security for the repayment of the amounts granted under paragraphs (b) and (d) of the last preceding sub-regulation.

“(4) The continuance of the granting of the assistance provided by sub-regulation (2) shall be subject to the receipt from time to time by the State Board from the University or other institution of a report that the applicant is making satisfactory progress with his studies.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Statutory Rules 1919 No. 44, titled "Regulations Under the Australian Soldiers’ Repatriation Act 1917-1918," were enacted by the Governor-General in accordance with the advice of the Federal Executive Council to address the needs of soldiers returning from service in World War I. These regulations aim to enhance the benefits and support available to blinded soldiers and those with disabilities, ensuring they receive appropriate assistance and accommodation. The enacting body was the Federal Executive Council, with the policy objective being to provide comprehensive care and support for the rehabilitation and reintegration of soldiers into civilian life. These regulations introduced new provisions for blinded soldiers, including the provision of homes at a prescribed rental, or in lieu, an allowance. Additionally, the regulations revised provisions for soldiers undergoing treatment for disabilities due to war service, enabling them to receive certain benefits as if they were totally and permanently incapacitated. Furthermore, they provided for financial assistance for university and professional training for soldiers who had previously been engaged in such studies or intended to pursue them, subject to age and application timelines. The amendments aimed to address the specific needs of returning soldiers, ensuring they could access necessary support and continue their education or training.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1919, made under the Australian Soldiers’ Repatriation Act 1917-1918, apply specifically to soldiers who have served in the armed forces and their dependants, extending the benefits and provisions outlined in the Act. These regulations cover a broad range of support mechanisms including financial assistance, vocational and professional training, and accommodation for blinded soldiers. The application of these regulations is governed at the Commonwealth level and applies across all states and territories. Notably, the Minister has the authority to delegate certain powers under these regulations, though this delegation can be revoked at any time and does not impede the Minister’s own authority. Exclusions and exemptions are not explicitly stated within the text, but the regulations do specify conditions under which benefits can be provided, such as age limits and the requirement for satisfactory progress in studies. Additionally, the regulations may be further extended or modified through subordinate instruments, indicating a flexible approach to implementation and adaptation based on evolving needs.

Key Provisions

The main operative sections of these regulations are designed to amend and supplement the Australian Soldiers' Repatriation Regulations 1918. Firstly, regulation 8b (paragraph 1) allows the Minister to delegate certain powers under these Regulations, except the power of delegation itself, to a delegate for specific matters or to a particular state or territory. This delegation is revocable at will and does not prevent the Minister from exercising any power. Secondly, regulation 9a (paragraph 2) provides that blinded soldiers may be granted a home at a specified rental, not exceeding £700, or alternatively, an allowance of £52 per annum if a home is not provided. Thirdly, regulation 48 (paragraph 3) deems soldiers receiving treatment for war-related disabilities as totally and permanently incapacitated for the purposes of certain regulations, allowing them to be treated accordingly. Lastly, regulation 50a (paragraph 4) provides assistance for university or professional training for eligible soldiers, subject to specific conditions and the approval of the State Board. The obligations and requirements imposed by these regulations primarily focus on the Minister and the State Board. The Minister has the authority to delegate certain powers as specified in regulation 8b. Additionally, the Minister must provide blinded soldiers with either a home at the prescribed rental or an annual allowance as outlined in regulation 9a. The State Board must assess applications for university or professional training assistance under regulation 50a, ensuring that the applicants meet the specified criteria. The State Board must also monitor the progress of students receiving assistance and ensure that the applicants provide personal security for the repayment of any loans granted. Breach of these regulations may result in civil or criminal consequences, though specific offences and penalties are not explicitly stated in the regulations themselves. However, under the Australian Soldiers' Repatriation Act 1917-1918, any person who wilfully contravenes the Act or the regulations may be liable for a penalty. The maximum penalty may include fines and imprisonment, depending on the severity of the offence. For example, under section 46 of the Act, a person found guilty of a contravention may be liable to a fine not exceeding £100 or imprisonment for a term not exceeding six months, or both. These penalties serve as a deterrent against non-compliance and ensure that the provisions of the Act and its regulations are adhered to.

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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.