Australian Soldiers' Repatriation Regulations 1919 (Amendment)

Overview

The Australian Soldiers' Repatriation Regulations 1920 (Statutory Rules 1920, No. 78) were enacted to amend the Australian Soldiers' Repatriation Regulations 1919, addressing issues related to the eligibility criteria for sustenance payments for soldiers returning from service. This legislative instrument was made under the authority of the Australian Soldiers’ Repatriation Act 1917-1918, with the Governor-General acting on the advice of the Federal Executive Council. The policy objective of these regulations was to ensure that soldiers who had opportunities for suitable employment would not be eligible for further sustenance payments, thereby encouraging the reintegration of veterans into the workforce and reducing the financial burden on the government. The enacting body was the Parliament of Australia, which sought to refine the criteria for sustenance payments to better align with the post-war economic recovery efforts and support the welfare of returning soldiers.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1919, as amended by Statutory Rules 1920, No. 78, pertain to soldiers who have served in the Australian military and are in need of repatriation. These regulations primarily apply to individuals who have served in the military and are now seeking benefits and support from the Commonwealth government under the Australian Soldiers’ Repatriation Act 1917-1918. The amendments, particularly the insertion of sub-regulation 5, explicitly address soldiers who have failed to take up suitable employment when offered, thereby affecting their eligibility for further sustenance. The jurisdictional reach of these regulations is national, as they are made under the Commonwealth Act and apply across Australia. There are no stated exclusions or exemptions, although the conditions for eligibility under the Act and subsequent regulations may inherently exclude certain individuals based on their conduct or circumstances. These regulations are further extendable and modifiable through subordinate instruments, allowing for ongoing adjustments in response to evolving needs and circumstances of returned soldiers.

Key Provisions

The main operative sections of this legislative instrument involve amendments to Regulation 39 of the Australian Soldiers’ Repatriation Regulations 1919. Specifically, Regulation 39(4) has been altered by removing the phrase "or has failed to avail himself of an opportunity of employment," effectively eliminating this condition for disqualification from sustenance. Furthermore, Regulation 39(5) has been introduced, stipulating that a soldier who declines suitable employment when offered will not be eligible for further sustenance. These changes impose certain obligations on the parties involved, primarily targeting soldiers who are recipients of sustenance under the Australian Soldiers’ Repatriation Act 1917-1918. The amendments require that soldiers make an effort to engage in suitable employment opportunities. This obligation ensures that those who are able to work and support themselves do so, thereby reducing the financial burden on the government. Additionally, soldiers must demonstrate a willingness to avail themselves of employment opportunities to maintain their eligibility for sustenance benefits. The legislation also sets out specific consequences for breach of these obligations. Under the amended Regulation 39(5), any soldier who fails to take suitable employment when it is offered may lose their eligibility for sustenance. This represents a civil consequence, as it directly affects the soldier's financial support. There are no explicit criminal or civil penalties mentioned in the text, but the loss of sustenance can be considered a significant deterrent against non-compliance. The seriousness of the consequence lies in its potential to impact the soldier's ability to maintain a reasonable standard of living, which serves as a form of enforcement for the obligations set forth in the regulations.