Australian Soldiers' Repatriation Regulations 1919 (Amendment)

Overview

The Australian Soldiers’ Repatriation Regulations 1920 were enacted to provide further amendments to the Australian Soldiers’ Repatriation Act 1917–1918, ensuring that the provisions of the Act were fully implemented and could effectively address the needs of returned soldiers and their dependents. This legislative instrument was made under the authority of the Governor-General, in accordance with the advice of the Federal Executive Council, and came into effect immediately upon promulgation. The primary objective of these regulations was to enhance the support provided to the families of deceased or incapacitated soldiers, particularly in terms of educational and vocational training allowances for their children. The intent was to ensure that the children of fallen or incapacitated soldiers could receive the necessary support to continue their education or training, thereby securing their future prospects and well-being.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1919, as amended by the Statutory Rules 1920 No. 44, provide specific provisions regarding the allowances for the children of deceased or totally and permanently incapacitated soldiers. These regulations are applicable to children who are over the age of sixteen and under eighteen years, aiming to assist them in receiving secondary education or training for a trade, calling, or occupation deemed suitable by the Deputy Comptroller. The allowance granted under this regulation ensures that the child achieves an income of twenty shillings per week, inclusive of the pension and any earnings they may have. Importantly, any bursary or scholarship received by the child is excluded from the calculation of this allowance. The Deputy Comptroller also retains the authority to revoke the allowance if it is determined that the child is not actively engaged in the specified training or education. These provisions are designed to offer support and opportunities for the children of soldiers who have made significant sacrifices for their country, ensuring their continued development and welfare.

Key Provisions

The key provisions of the Australian Soldiers’ Repatriation Regulations 1919, as amended, include new allowances for children of deceased or totally and permanently incapacitated soldiers. Regulation 145a introduces an allowance to assist children aged between 16 and 18 years in receiving secondary education or vocational training. According to section 145a(1), a Deputy Comptroller may grant an allowance that ensures the child receives an income of twenty shillings per week, inclusive of the pension and the child’s earnings. Importantly, any bursary or scholarship received by the child is not to be taken into account in calculating the allowance (section 145a(2)). Moreover, the Deputy Comptroller has the authority to revoke the allowance if it is determined that the child is not actively engaged in the training or education specified (section 145a(3)). Additionally, Regulation 27 is amended to include a proviso that allows for the appointment of a Secretary and additional officers by a Deputy Comptroller for Country Local Committees serving areas with a population of 20,000 or more, subject to the Minister’s direction (Regulation 27 proviso). The obligations under these regulations primarily concern the Deputy Comptroller, who is tasked with determining and potentially revoking allowances for eligible children. The Deputy Comptroller must ensure that the allowance is sufficient to support the child’s education or training, as outlined in section 145a(1). Furthermore, the Deputy Comptroller must verify that the child is indeed engaged in the specified activities to maintain the allowance, as per section 145a(3). For Country Local Committees in areas with a population of 20,000 or more, the regulation imposes an obligation on the Deputy Comptroller to appoint a Secretary and additional officers, as directed by the Minister, as per the amendment to Regulation 27. Failure to comply with these regulations could result in civil or administrative consequences. For instance, if a Deputy Comptroller fails to properly assess whether a child is receiving the necessary education or training, they may revoke the allowance under section 145a(3). However, the regulations do not specify any criminal penalties for such failures. Instead, any breaches of the regulations might lead to administrative actions or internal disciplinary measures within the Department of Repatriation. The precise consequences would depend on the nature of the breach and the internal policies of the Department at the time.