Australian Soldiers' Repatriation Regulations (Amendment)

Overview

The Australian Soldiers’ Repatriation Regulations 1925 (Statutory Rules 1925, No. 76) were enacted by the Governor-General in accordance with the advice of the Federal Executive Council. This legislative instrument serves as an amendment to the Australian Soldiers’ Repatriation Regulations 1920, providing further provisions under the Australian Soldiers’ Repatriation Act 1920-1922. The primary objective of this regulation is to address the financial needs of dependents of soldiers who die after being discharged from the forces, but within seven years of that discharge. This regulation specifically aims to provide financial assistance to dependents who were reliant on the soldier’s income during the twelve months prior to enlistment or to parents without adequate means of support, ensuring they receive a reasonable income. The regulation stipulates that these allowances are subject to certain conditions and limitations, ensuring that the financial support provided is both fair and sustainable.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1920, as amended by Statutory Rules 1925, No. 76, extend their provisions to individuals who were dependent on the earnings of a deceased soldier during the twelve months immediately prior to his enlistment, or who, as parents, were without adequate means of support following the soldier's death. These regulations apply specifically to dependents under the definition provided in section 22 of the Australian Soldiers’ Repatriation Act 1920-1922, subject to the condition that the soldier's death occurred due to an incident during his service and more than seven years after his discharge. Notably, the regulations do not apply to widows and children of deceased soldiers who are already receiving a war pension under section 40 of the Act. The scope of the regulations is designed to ensure that the financial needs of the dependents are met, with allowances granted based on the soldier's rate of pay and capped at specified amounts as outlined in the First Schedule to the Act. The regulations operate under the authority of the Commonwealth of Australia and are enforced through subordinate instruments.

Key Provisions

The Australian Soldiers’ Repatriation Regulations 1920, as amended by Statutory Rules 1925, No. 76, include a new regulation (regulation 89o) that addresses the provision of allowances to the dependents of deceased soldiers under specific circumstances. This regulation applies to dependents who were reliant on the earnings of a deceased soldier during the twelve months immediately prior to his enlistment or to parents without adequate means of support, provided certain conditions are met. Specifically, the regulation permits the granting of allowances that cover the extent of dependence on the soldier's earnings or ensures parents receive an income not exceeding 30 shillings per week. However, it stipulates that such allowances should not exceed the specified amounts outlined in the First Schedule of the Act and limits the total amount granted to each parent to 20 shillings per week. The Act imposes certain obligations on the relevant authorities and dependents. The Commission is mandated to consider the circumstances of each case and determine the appropriate allowance based on the dependency of the applicant. It must ensure that the granted allowance adheres to the specified limits outlined in the regulation. Additionally, dependents must provide necessary documentation and information to substantiate their claims, such as proof of their reliance on the soldier’s earnings or their financial status. This includes submitting relevant records and evidence to support their eligibility for the allowance under the regulation. Breach of the provisions within the regulation may lead to various civil and criminal consequences. Although the regulation does not explicitly detail penalties for non-compliance, breaches of similar regulations under the Australian Soldiers’ Repatriation Act 1920-1922 may result in administrative actions, fines, or legal proceedings. The precise penalties can vary depending on the nature and severity of the breach, but they may include financial penalties or other enforcement actions taken by the relevant authorities to ensure compliance with the Act’s provisions.