Australian Soldiers' Repatriation Regulations (Amendment)

Overview

The Australian Soldiers’ Repatriation Regulations, 1925, were established to provide additional support to soldiers who had lost vision in one eye but were ineligible for the higher benefits available to those totally incapacitated. Enacted under the Australian Soldiers’ Repatriation Act 1920-1922, these regulations were made by the Governor-General in Council, reflecting the Commonwealth Parliament's commitment to adequately support war veterans. The policy objective was to ensure that soldiers who had partially lost their vision still received financial assistance, albeit at a lower rate, to help them cope with their disabilities. This legislative instrument aimed to fill a gap in the existing pension framework by providing an additional allowance for those with partial vision loss who did not qualify for the higher total incapacity benefits.

Scope and Application

The Australian Soldiers' Repatriation Regulations 1925, made under the Australian Soldiers' Repatriation Act 1920–1922, pertain to soldiers who are receiving pensions for the loss of vision in one eye and who do not qualify for any amount under the Fifth Schedule of the Act. These regulations, which came into operation on 1 July 1925, extend to the whole Commonwealth of Australia. The regulations specifically provide for an allowance, in addition to the pension, not exceeding seven shillings and sixpence per week for eligible soldiers. However, the combined total of pension and allowance must not exceed the amount that would be payable if the soldier were totally incapacitated, as outlined in Column 4 of the First Schedule of the Act. These regulations were made with the advice of the Federal Executive Council and were issued by the Governor-General on behalf of the Commonwealth of Australia. The regulations aim to ensure that soldiers who have suffered specific disabilities receive adequate financial support, while maintaining a cap to prevent excessive payments.

Key Provisions

The Australian Soldiers’ Repatriation Regulations 1925, specifically regulation 89p, provide for an allowance to soldiers who have lost vision in one eye and are receiving a pension under the Fourth Schedule of the Australian Soldiers’ Repatriation Act 1920–1922. This allowance is in addition to their existing pension but cannot exceed seven shillings and sixpence per week. Moreover, the total amount of pension and allowance must not surpass what would be payable if the soldier were totally incapacitated, as outlined in Column 4 of the First Schedule to the Act. These regulations impose specific obligations on both the soldiers and the Repatriation Commission. Soldiers must meet the eligibility criteria, which includes having lost vision in one eye and being ineligible for any amount under the Fifth Schedule to the Act. They must also provide necessary documentation to substantiate their claims for the allowance. The Repatriation Commission, on the other hand, is tasked with assessing the claims, ensuring that the soldiers meet the eligibility requirements, and determining the appropriate amount of the allowance. The Commission must also ensure that the combined pension and allowance do not exceed the statutory limit. Breach of these regulations or failure to comply with the stipulated requirements can result in legal consequences. The specific offences and penalties are not detailed within the text of the regulations but generally, under the Australian Soldiers’ Repatriation Act 1920–1922, non-compliance could lead to civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. The precise penalties would be governed by other sections of the Act and the relevant criminal or civil law in place at the time.