STATUTORY RULES.
1924. No. 97.
REGULATION UNDER 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 Regulation under the Australian Soldiers’ Repatriation Act 1920–1922, to come into operation as on and from the 1st day of June, 1924.
Dated this third day of July, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for Treasurer.
Amendment of Australian Soldiers’ Repatriation Regulations 1920.
(Statutory Rules 1920, No. 112, as amended to this date.)
After regulation 103 of the Australian Soldiers’ Repatriation Regulations, the following regulation is inserted:—
Medical treatment for widows, &c.
“103a. (1) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for widows and orphans of deceased soldiers and for widowed mothers of deceased unmarried soldiers.
(2) For the purposes of this regulation—
‘Deceased soldier, means a deceased soldier whose death, the Commission has decided, was due to war service;
‘Orphan’ means a child under the age of 16 years of a deceased soldier, but does not include the child of a widow who remarries;
‘Widow’ includes a person who is allowed a pension under section 36 of the Act, by reason of the death of a member of the Forces;
‘Widowed mother of a deceased unmarried soldier’ means any of the following persons who became a widow prior to, or within three years after the death of the deceased unmarried soldier, namely:—
(a) The widowed mother of a deceased soldier who was unmarried;
(b) the widowed stepmother of such a soldier;
(c) the widowed fostermother of such a soldier; and
(d) he 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.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.
C 10334.—Price 3d.
Overview
The Statutory Rules 1924, No. 97, made under the Australian Soldiers’ Repatriation Act 1920–1922, introduce regulations to provide medical treatment for widows, orphans, and widowed mothers of deceased soldiers who died as a result of their war service. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations aimed to address the gap in support for the families of soldiers who perished in service. The policy objective of these regulations is to ensure that the families of deceased soldiers receive necessary medical treatment, thereby providing them with essential care and support in their time of need.
Scope and Application
The Regulation under the Australian Soldiers’ Repatriation Act 1920–1922 primarily applies to the widows, orphans, and widowed mothers of deceased soldiers who have been determined by the Repatriation Commission to have died due to war service. Specifically, it enables a Deputy Commissioner to provide medical treatment for these individuals under conditions set by the Commission. The definition of a "deceased soldier" is restricted to those whose deaths have been attributed to war service. The term "orphan" refers to a child under 16 years of age of a deceased soldier, excluding the child of a widow who remarries. "Widow" includes anyone granted a pension under section 36 of the Act due to the death of a member of the Forces, while a "widowed mother of a deceased unmarried soldier" includes the widowed mother, stepmother, fostermother, or the unmarried mother of a deceased unmarried soldier who was recognised as the widow of the soldier's father and who died within three years after the soldier's death. The scope of the regulation is nationwide, operating under the Commonwealth jurisdiction, and any further extensions or restrictions are to be determined by the Commission through subordinate instruments.
Key Provisions
The Australian Soldiers’ Repatriation Regulations 1924 (No. 97) amend the existing Australian Soldiers’ Repatriation Regulations 1920 by inserting a new regulation, 103a, which addresses medical treatment for widows, orphans, and widowed mothers of deceased soldiers. Regulation 103a(1) allows a Deputy Commissioner to provide medical treatment to these groups, subject to conditions set by the Repatriation Commission. The definition section 103a(2) outlines who qualifies as a "deceased soldier" (a soldier whose death is attributed to war service), "orphan" (a child under 16 of a deceased soldier, excluding those whose widows remarry), "widow" (a person receiving a pension due to the death of a member of the Forces), and "widowed mother of a deceased unmarried soldier" (including various relationships such as biological, stepmother, fostermother, or the mother of a soldier born out of wedlock).
Under these regulations, the Repatriation Commission is responsible for determining the specific conditions under which medical treatment is provided. This includes setting criteria for eligibility and potentially the extent and nature of the medical services offered. The Deputy Commissioner, while authorised to provide treatment, must adhere strictly to these conditions as they are periodically updated by the Commission.
Failure to comply with the conditions set by the Repatriation Commission could result in legal ramifications for both the Deputy Commissioner and the affected parties. The regulations do not explicitly state penalties for breaches; however, non-compliance with conditions set by a statutory authority can typically lead to legal action, including potential fines or other administrative sanctions. The exact penalties would be determined by the courts or relevant tribunals, based on the nature and severity of the breach.
The regulations do not detail specific offences or penalties within the text itself, but the breach of statutory conditions can result in civil or administrative penalties. The severity of these penalties would depend on the discretion of the court or relevant authority and the specific circumstances of the breach. In general, non-compliance with conditions set by the Repatriation Commission could lead to actions seeking compliance, injunctions, or financial penalties.