Australian Soldiers' Repatriation Regulations (Amendment)

Legislation au C1923L00082 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1923. No. 82.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1922.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1920-1922, to come into operation forthwith.

Dated this second day of July, 1923.

FORSTER,

Governor-General.

By His Excellency’s Command,

THOS. W. CRAWFORD,

for Treasurer.

 

Amendment of Australian Soldiers’ Repatriation Regulations 1920-1922.

(Statutory Rules 1920, No. 112 as amended to this date.)

1. Regulation (3) of the Australian Soldiers’ Repatriation Regulations 1920-1922 is amended by omitting from the definition of Totally and Permanently Incapacitated Soldier” the words “a State Board” and inserting in their stead the words “the Commission”.

2. Regulation 45 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is hereby repealed and the following regulation inserted in its stead:

45. Applications for gifts and loans shall, where not otherwise provided for, be determined by a Deputy Commissioner or by the Executive of a Country Local Committee in accordance with these Regulations.”

3. Regulation 46 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is hereby repealed and the following regulation inserted in its stead:

“46. (1) Where a Board, Deputy Commissioner or the Executive of a Country Local Committee declines to grant the assistance applied for by an applicant, the applicant may appeal to the Commission against the decision and shall state in writing the grounds of the appeal.

(2) The decision of the Commission shall be final.”

Appeals.

4. Regulation 48 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is hereby repealed.

5. Regulations 50 and 51 of the Australian Soldiers’ Repatriation Regulations 1920-1922 are amended by omitting the word “Board” (wherever occurring) and inserting in its stead the words “Deputy Commissioner”.

C.9844.—Price 3d.


6. Regulation 52 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is amended:

(a) by omitting the word “Board” (second and third occurring) and inserting in its stead the words “Deputy Commissioner”, and

(b) by omitting the word “it” wherever occurring and inserting in its stead the word “he”.

7. Regulation 53 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is amended—

(a) by omitting the word “Board” (first occurring) and inserting in its stead the words “Deputy Commissioner”, and

(b) by omitting the words “a Board” (second occurring) and inserting in their stead the word “he”.

8. Regulation 54 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is amended by omitting the word “Board” and inserting in its stead the words “Deputy Commissioner”,

9. Regulation 56 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is amended—

(a) by omitting the word “Board” (second, third and fourth occurring) and inserting in its stead the words “Deputy Commissioner”, and

(b) by omitting the word “it” (wherever occurring) and inserting in its stead the word “he”.

10. Regulation 57 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is amended:

(a) by omitting the words “a Board or” appearing after the words “desirable by”, and

(b) by omitting the words “Board or” appearing after the words “such person as the”.

11. Regulation 93 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is amended—

(a) by omitting the word “Board” (wherever occurring) and inserting in its stead the words “Deputy Commissioner”, and

(b) by omitting the word “it” (wherever occurring) and inserting in its stead the word “he”.

12. Regulations 95, 107, 108 and 109 of the Australian Soldiers’ Repatriation Regulations 1920-1922 are amended by omitting the word “Board” (wherever occurring) and inserting in its stead the words “Deputy Commissioner”.

13. Regulation 112 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is amended—

(a) by omitting the words “A Board” (first occurring) and inserting in their stead the words “The Commission”;

(b) by omitting the word “Board” in paragraph (c) thereof and inserting in its stead the word “Commission”;


(c) by omitting the first proviso and inserting in its stead the following proviso:

“Provided that the Commission may in special circumstances advance an amount not exceeding £250.”

14. Regulations 113, 114, 115, 116, 117 and 121 of the Australian Soldiers’ Repatriation Regulations 1920-1922 are amended by omitting the word “Board” (wherever occurring) and inserting in its stead the words “Deputy Commissioner”.

15. Regulation 185 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is hereby repealed.

 

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 1923 No. 82, which are Regulations under the Australian Soldiers’ Repatriation Act 1920-1922, were enacted to address administrative and procedural gaps in the repatriation process for Australian soldiers following the First World War. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of these regulations is to streamline and centralise the decision-making process for repatriation benefits, particularly by replacing references to "State Boards" with "the Commission" and delineating roles more clearly between Deputy Commissioners and the Executive of Country Local Committees. The changes aim to ensure more efficient and consistent application of the Act’s provisions, thereby enhancing the support for soldiers and their families.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1923, made under the Australian Soldiers’ Repatriation Act 1920-1922, govern the administration of benefits, assistance, and support for soldiers who have been incapacitated due to their service. These regulations apply to all persons, including veterans and their dependents, who are eligible for benefits under the Act. They cover a range of conduct and transactions related to the assessment, approval, and disbursement of repatriation benefits, including pensions, medical care, and financial assistance. The regulations have a national jurisdictional reach, applying across the Commonwealth of Australia. They provide a framework for the administration of benefits by the Repatriation Commission, replacing the previous role of State Boards with the Commission and Deputy Commissioners. The regulations also outline the process for appeals against decisions made by the Commission or its delegates, ensuring that veterans have a mechanism to challenge adverse decisions. Subordinate instruments may further extend or restrict the application of these regulations, allowing for adjustments as needed to meet the changing needs of veterans and their families.

Key Provisions

The key operative sections of the Statutory Rules 1923, No. 82, made under the Australian Soldiers’ Repatriation Act 1920-1922, include amendments to various definitions and provisions within the Australian Soldiers’ Repatriation Regulations 1920-1922. Firstly, Regulation 3 amends the definition of a “Totally and Permanently Incapacitated Soldier” to replace the term “a State Board” with “the Commission” (paragraph 1). Secondly, Regulation 45 replaces the previous regulation regarding applications for gifts and loans, now requiring such applications to be determined by a Deputy Commissioner or by the Executive of a Country Local Committee, subject to the regulations (paragraph 2). Thirdly, Regulation 46 outlines the process for appeals, allowing an applicant to appeal to the Commission against a decision by a Board, Deputy Commissioner, or the Executive of a Country Local Committee, with the Commission's decision being final (paragraph 3). The Act imposes several obligations and requirements on the parties it governs. For instance, applicants for gifts and loans must submit their applications to a Deputy Commissioner or the Executive of a Country Local Committee as stipulated (Regulation 45). Additionally, applicants who have their assistance applications declined can appeal to the Commission, with a requirement to provide written grounds for the appeal (Regulation 46). The Act also mandates the replacement of references to “Board” with “Deputy Commissioner” in multiple regulations (Regulations 50, 51, 52, 53, 54, 56, 57, 93, 95, 107, 108, 109, 112, 113, 114, 115, 116, 117, and 121). The Statutory Rules also address the consequences of non-compliance. While the specific offences, penalties, or civil/criminal consequences for breaches are not explicitly detailed within the provided text, it can be inferred that adherence to the regulations is crucial. Non-compliance with the outlined processes for applications and appeals might result in legal repercussions, as the regulations aim to ensure a structured and fair process for the administration of assistance to soldiers. The finality of the Commission’s decision in appeals (Regulation 46) suggests that challenges to their decisions may be legally complex and potentially subject to judicial review if there are perceived procedural errors or injustices.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.