STATUTORY RULES.
1930 No. 63.
REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1929.
I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulation under the Australian Soldiers Repatriation Act 1920-1929 to come into operation as from 12th February 1930.
Dated this eleventh day of June, 1930.
(sgd.) STONEHAVEN
Governor-General.
By His Excellency’s Command,
(Sgd.) Frank Anstey
Minster for Repatriation.
Amendment of Australian Soldiers’ Repatriation Regulation.
(Statutory Rules 1925, No.110, as amended to date.)
Regulation 191 of the Australia soldiers’ Repatriation Regulations is hereby repealed and the following regulation is inserted in its stead:-
Grants for Funeral Expenses
“191 (1) A Deputy Commissioner may grant a sum not exceeding £15 towards the funeral expenses of a discharged soldier who dies-
(a) at any time as a result of war service;
(b) whilst an inmate of any institution under the control of the Department, or while he is a patient in any institution or while he is a patient in any institution or hospital to which he has been sent under arrangement with the Department or in which the cost of his treatment and maintenance is paid by the Department; or
(c) in indigent circumstances.
(2) A Deputy Commissioner may grant a sum not exceeding £15 towards the funeral expenses of any of the following persons who die in indigent circumstances:—
(a) the widow of a soldier whose death has resulted from war service;
(b) any person who was, prior to the death of a soldier whose death has resulted from war service, recognized as his wife though not legally married to him, and who is allowed a pension under the Act;
(c) the orphan (being a child under 16 years of age) of a soldier whose death has resulted from war service; and
(d) the widowed mother of an unmarried soldier whose death has resulted from war service.
(3) For the purpose of this regulation, “widowed mother of an unmarried soldier” means any of the following persons who become a widow prior to, or within three years after, the death of the soldier, namely:—
(a) the widowed mother of such a soldier;
(b) the widowed stepmother of such a soldier; and
(c) the widowed mother of such a soldier who was born out of wedlock and brought up by her, and includes the unmarried mother of such a soldier who is recognized as the widow of the father of the soldier, who died prior to, or within three years after, the death of the soldier.”.
By Authority: H. J. Green, Government Printer Canberra.
Overview
The Statutory Rules 1930 No. 63, Regulations under the Australian Soldiers’ Repatriation Act 1920-1929, were enacted by the Governor-General in Council on 11 June 1930 and came into operation on 12 February 1930. This legislative instrument was introduced to amend the existing regulations concerning funeral expenses for discharged soldiers and their families, providing financial support to cover funeral costs for soldiers and their dependents under specific circumstances, thereby addressing the need for financial assistance to alleviate the economic burden on the families of deceased soldiers. The policy objective is to provide financial relief to the families of soldiers who have died as a result of their service, thereby ensuring that they receive necessary support during a difficult time.
Scope and Application
The Australian Soldiers’ Repatriation Regulations, enacted under the Australian Soldiers’ Repatriation Act 1920-1929, pertain to specific categories of individuals affected by military service, including deceased soldiers, their widows, orphans, and widowed mothers. These regulations govern the provision of grants towards funeral expenses, applicable to those who have died as a result of war service or while under the care of the Department of Repatriation, or in indigent circumstances. The Act applies to discharged soldiers and their immediate family members, including widows, orphans, and widowed mothers, who meet the criteria outlined in the legislation. The geographic reach of these regulations is national, operating within the jurisdiction of the Commonwealth of Australia. The regulations do not specify exclusions or exemptions but set a financial threshold of £15 for grants towards funeral expenses. The application of these provisions can be further extended or modified through subordinate instruments, allowing for adjustments in the financial limits or eligibility criteria in response to changing circumstances or policy decisions.
Key Provisions
The Australian Soldiers’ Repatriation Regulations, specifically Regulation 191 as amended, outlines the provisions for grants towards funeral expenses for eligible persons. According to Regulation 191(1), a Deputy Commissioner may grant up to £15 towards the funeral expenses of a discharged soldier who dies as a result of war service, while being an inmate of a Department-controlled institution or a patient in an institution where the Department pays for treatment and maintenance, or in indigent circumstances. Under Regulation 191(2), similar grants are available for the funeral expenses of the widow, a person recognised as the soldier's wife but not legally married, the orphan child of the soldier, and the widowed mother of an unmarried soldier, provided these individuals die in indigent circumstances. The definition of "widowed mother of an unmarried soldier" in Regulation 191(3) includes the biological or stepmother, and the unmarried mother who is recognised as the widow of the soldier's father, provided she was widowed before or within three years of the soldier's death.
These provisions impose obligations on the Deputy Commissioner to assess and process applications for grants towards funeral expenses, ensuring that the criteria set out in the Regulations are met. The Deputy Commissioner must verify the eligibility of the applicant, which includes confirming the circumstances of death and the relationship to the deceased soldier, as well as the financial status of the applicant. The Regulations require that the Deputy Commissioner acts within the limits of the grant amount specified, ensuring that funds are used appropriately for funeral expenses.
Failure to comply with the requirements set out in the Regulations could result in legal consequences. While the specific penalties are not detailed in the text, breaches of statutory provisions regarding the administration of funds or misapplication of grants could potentially lead to civil or criminal liability. In such cases, the Deputy Commissioner could face disciplinary action, and there may be implications for the improper use of public funds. The exact penalties would depend on the nature and severity of the breach, as well as any relevant laws governing public administration and financial accountability.