STATUTORY RULES.
1919. No. 295.
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 on and from the 10th day of September, 1919.
Dated this twenty-fourth day of December, 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 1919.
(Statutory Rules 1919, No. 123, as amended by Statutory Rules 1919, Nos. 263, 274 and 276.)
Regulation 78 of the Australian Soldiers’ Repatriation Regulations is amended by omitting the first proviso thereto and inserting in its stead the following proviso:—
“Provided that the State Board may in a Special Case, with the concurrence of the Deputy Comptroller, advance an amount not exceeding £250, and where in connexion with any such case, any difference of opinion arises between the State Board and the Deputy Comptroller, the case shall be forwarded to the Commission for final decision.”
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. 295, under the Australian Soldiers’ Repatriation Act 1917–1918, was enacted to amend the existing Australian Soldiers’ Repatriation Regulations 1919, specifically Regulation 78. This legislative instrument was introduced to address issues related to the financial support and decision-making processes for soldiers requiring repatriation. The Governor-General, acting with the advice of the Federal Executive Council, made these regulations effective from 10th September 1919. The amendment aims to streamline the process by which the State Board can advance funds in special cases, up to £250, with the concurrence of the Deputy Comptroller, while also establishing a mechanism for resolving disagreements between the State Board and the Deputy Comptroller by referring the matter to the Commission for a final decision. This legislative change reflects a policy objective of enhancing the efficiency and effectiveness of the repatriation process for soldiers.
Scope and Application
The Australian Soldiers' Repatriation Regulations 1919, as amended by Statutory Rules 1919, Nos. 263, 274 and 276, extend their application to individuals who have served in the military forces of the Commonwealth and who require repatriation services as stipulated under the Australian Soldiers’ Repatriation Act 1917–1918. This legislative instrument governs the process by which State Boards may advance funds to assist with the repatriation of soldiers, with specific provisions allowing for an advance of up to £250 in special cases, subject to the concurrence of the Deputy Comptroller. In instances where there is a disagreement between the State Board and the Deputy Comptroller, the matter is escalated to the Commission for a final decision. The regulations apply on a national level, as they are enacted under Commonwealth law, thereby ensuring a consistent approach to the repatriation process across all states and territories in Australia. The regulations do not specify any exclusions, exemptions, or thresholds beyond the outlined procedures for fund advancements and dispute resolution.
Key Provisions
The regulation under the Australian Soldiers' Repatriation Act 1917–1918 primarily focuses on the amendment of Regulation 78 of the Australian Soldiers’ Repatriation Regulations 1919. Specifically, it modifies the proviso to allow the State Board to advance an amount not exceeding £250 in special cases, subject to the concurrence of the Deputy Comptroller (Reg. 78). If any difference of opinion arises between the State Board and the Deputy Comptroller concerning such cases, the case must be forwarded to the Commission for a final decision (Reg. 78).
The amended regulation imposes several obligations on the State Board and the Deputy Comptroller. The State Board is now authorised to advance a specified amount in special cases, but this action requires the concurrence of the Deputy Comptroller. Additionally, the State Board is required to forward any cases where a difference of opinion arises with the Deputy Comptroller to the Commission for a final decision. This ensures a structured process for resolving disagreements and provides a mechanism for ensuring consistency and fairness in the application of the Act.
Breaching the provisions of this regulation could lead to several consequences. The State Board may face administrative or disciplinary actions if it advances amounts without the necessary concurrence of the Deputy Comptroller or fails to forward cases to the Commission when required. The Deputy Comptroller could also face repercussions for not fulfilling their role in the decision-making process. Although the regulation does not specify particular penalties, breaches could potentially lead to civil or criminal consequences depending on the severity and intent of the violation.
Overall, the regulation aims to streamline the financial and administrative processes for repatriating soldiers by clearly defining roles and responsibilities and establishing a protocol for resolving disputes. By doing so, it helps ensure that the benefits and support provided under the Act are administered efficiently and effectively.