STATUTORY RULES.
1918. No. 1.
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REGULATION 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 Regulation under the Australian Soldiers’ Repatriation Act 1917-1918 to come into operation forthwith.
Dated this twentieth day of November, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
LITTLETON E. GROOM,
for the Minister of State for Repatriation.
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Amendment of Australian Soldiers’ Repatriation Regulations 1918.
(Statutory Rules 1918, No. 88, as amended by Statutory Rules 1918, Nos. 179, 197, 215, 254, and 296.)
Regulation 70 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—
Travelling to employment.
“70. Where an applicant is being sent through the agency of the Department to employment, a Deputy-Comptroller may—
(a) on the first occasion; and
(b) on subsequent occasions where the Deputy-Comptroller considers that by reason of special circumstances the fare of the applicant should be paid,
pay the fare of the applicant to the place of employment. Provided that this regulation shall not apply where in accordance with custom the employer pays such fare.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
Overview
The Australian Soldiers' Repatriation Act 1917-1918 was enacted to address the need for comprehensive care and support for soldiers returning from World War I. This legislation was introduced by the Commonwealth Parliament to ensure that Australian soldiers who were wounded, injured, or otherwise incapacitated during their service received the necessary medical treatment, rehabilitation, and assistance to reintegrate into civilian life. The Act aimed to provide a structured framework for the repatriation and ongoing support of these soldiers. The policy objective was to honour the service of these individuals by providing them with the care and opportunities necessary for a successful transition back into society, thereby recognising the sacrifices they had made for their country. The Act's provisions were designed to cover various aspects of repatriation, including medical treatment, financial support, and vocational training, thereby ensuring a holistic approach to their reintegration.
Scope and Application
The Australian Soldiers’ Repatriation Regulations 1918, as amended, apply to the administration and enforcement of the Australian Soldiers’ Repatriation Act 1917-1918, particularly focusing on the repatriation of soldiers. These regulations pertain to persons who are soldiers or former soldiers, and the entities involved in their repatriation, such as the Department responsible for the administration of these matters. The scope extends to the conduct and transactions related to the travel and employment of these individuals, specifically addressing the payment of travel fares. Geographically, these regulations operate within the Commonwealth of Australia, applying uniformly across all states and territories. The regulations do not apply where customary practices dictate that the employer should cover the travel fare. The application of these regulations can be further extended or modified through subordinate instruments, which provide the flexibility to adapt to changing circumstances or additional requirements as they arise.
Key Provisions
The main operative section of the regulation, Regulation 70, provides that a Deputy-Comptroller can pay for an applicant's fare to their place of employment under certain conditions. Specifically, Regulation 70(a) permits the Deputy-Comptroller to pay the fare on the first occasion the applicant is being sent to employment. Regulation 70(b) allows for the fare to be paid on subsequent occasions if the Deputy-Comptroller deems it appropriate due to special circumstances. However, this payment does not apply if the employer customarily covers the fare (Regulation 70(a) and (b)).
This Act imposes obligations on the Deputy-Comptroller to assess whether the payment of the applicant's fare is necessary. This includes evaluating the circumstances to determine if special conditions warrant such payment. The regulation also places a responsibility on the employer to ensure they are adhering to customary practices regarding fare payments, which would exempt them from the obligation to pay under the regulation.
Failure to comply with the conditions set forth in Regulation 70 may lead to administrative consequences, although specific penalties or consequences for breach are not detailed in the text provided. The regulation itself does not explicitly state the penalties for non-compliance, but it is likely that breaches could be subject to review or administrative action under the overarching Australian Soldiers’ Repatriation Act 1917-1918. For more detailed information on potential penalties, one would need to refer to the broader legislative framework.