Australian Soldiers' Repatriation Regulations 1919 (Amendment)

Overview

The Statutory Rules 1920, No. 42, titled "Regulation under the Australian Soldiers' Repatriation Act 1917–1918," was enacted to amend the Australian Soldiers' Repatriation Regulations 1919. This legislative instrument was introduced to address the need for ongoing adjustments to the regulations governing the benefits and entitlements for Australian soldiers returning from service during and after World War I. The enacting body responsible for this regulation is the Governor-General in Council, acting on the advice of the Federal Executive Council. The overarching policy objective is to ensure that the regulations remain responsive to the evolving needs of the soldiers and their families as they repatriate and reintegrate into civilian life. This amendment, in particular, modifies Regulation 21 of the Australian Soldiers' Repatriation Regulations 1919 by omitting a specific sub-regulation, thereby streamlining the administrative processes for the benefit of the veterans.

Scope and Application

This statutory instrument amends the Australian Soldiers' Repatriation Regulations 1919, which operate under the Australian Soldiers' Repatriation Act 1917–1918. This regulation specifically modifies Regulation 21 by removing sub-regulation (1)(c), which previously existed within the legislative framework governing the repatriation of Australian soldiers. The act and its associated regulations apply to any individual who has served in the Australian military and their dependents, ensuring they are entitled to specific benefits and support upon their return. These benefits may include medical care, disability pensions, and other forms of assistance. The scope of the act is national, encompassing all states and territories of Australia, and the regulations extend to all individuals eligible under the act. Notably, the legislative instrument does not specify exclusions, exemptions, or thresholds for its application. However, further details and specific criteria may be outlined in subordinate instruments that provide additional guidance or specific application conditions.

Key Provisions

The main operative sections of this legislation, specifically the Australian Soldiers’ Repatriation Regulations 1919, include Regulation 21 which is amended by omitting paragraph (c) from sub-regulation (1). This amendment modifies the existing provisions concerning the repatriation of soldiers under the Australian Soldiers’ Repatriation Act 1917–1918. By omitting paragraph (c), the regulation adjusts the criteria or conditions that were previously in place, potentially impacting the eligibility or entitlements of soldiers seeking repatriation benefits. The Act imposes several obligations and requirements on the parties it governs. Firstly, it mandates that the Minister of State for Repatriation, in this case E. D. Millen, must ensure that the regulations are adhered to and enforced. This includes the administration of the amended provisions and ensuring that soldiers and their families receive the necessary support and benefits as outlined in the Act. Additionally, the Act requires that any changes to the regulations be formally documented and published, as evidenced by the printed and published nature of these statutory rules. There are potential offences, penalties, or consequences for breaches of this Act, although the specific details are not provided in the excerpt. Generally, breaches of regulations under the Australian Soldiers’ Repatriation Act could lead to civil or criminal penalties. Civil penalties might include fines or other financial repercussions, while criminal penalties could involve imprisonment, depending on the severity and nature of the breach. The exact maximum penalties would be defined in the main body of the Act or in subsequent regulations. Given the historical context of this legislation, which was enacted shortly after World War I, the provisions are designed to support soldiers who were injured or affected by their service. The amendments to the regulations likely aim to streamline or enhance the repatriation process, ensuring that soldiers receive the appropriate care and benefits. The overarching goal is to uphold the commitment to those who served, reflecting the nation’s duty of care towards its veterans.