STATUTORY RULES.
1924. No. 158.
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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-22.
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 1920-22, to come into operation as from the second day of October, 1924.
Dated this fifteenth day of October, 1924.
FORSTER,
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for Treasurer.
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Amendment of Australian Soldiers’ Repatriation Regulations 1920.
(Statutory Rules 1920, No. 112, as amended to this date.)
1. After regulation 89m of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted in Part VI.a.:—
“89n.—(1) The Commission may grant to a totally blinded soldier, who is in receipt of a pension under the Second Schedule to the Act, an allowance, not exceeding One pound per week, to provide for the services of an attendant.
“(2) In the case of a soldier whose eyesight is, in the opinion of the Commission, so defective that he has no useful sight, and who is in receipt of a pension under the Second Schedule to the Act, the Commission may in its discretion grant to the soldier an allowance, not exceeding One pound per week, to provide for the services of an attendant, if and so long as the Commission is satisfied that the services of an attendant are necessary.
“(3) No allowance under this regulation shall be payable to any soldier who is maintained in an establishment at the public expense.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
C.16048.—Price 3d.
Overview
The Australian Soldiers’ Repatriation Regulations 1924 were enacted to provide further regulation under the Australian Soldiers’ Repatriation Act 1920-22. This legislative instrument aimed to address the need for more detailed provisions regarding the allowances for blinded or visually impaired soldiers receiving pensions. The Regulations were made under the authority of the Governor-General in Council, and the policy objective was to ensure that these soldiers, who were unable to provide for themselves due to their disabilities, could receive the necessary assistance in the form of an attendant allowance. This allowance was intended to improve their quality of life and support their daily needs, while ensuring that it did not apply to soldiers already maintained in public establishments.
Scope and Application
The Australian Soldiers' Repatriation Regulations 1924, established under the Australian Soldiers' Repatriation Act 1920-22, apply to soldiers who are recipients of pensions under the Second Schedule of the Act. These regulations extend to the entire Commonwealth of Australia, indicating a national jurisdictional reach. The specific application of these regulations includes provisions for allowances for totally blinded soldiers and those with severely defective eyesight to cover the cost of an attendant, provided the necessity for such an attendant is deemed appropriate by the Repatriation Commission. Notably, the allowance does not extend to soldiers who are already maintained in an establishment at public expense, thereby setting an exclusion to the application of these benefits. The Regulations also allow for the amendment and supplementation of the existing framework through subordinate instruments, thus extending or restricting their application as necessary.
Key Provisions
The Regulations under the Australian Soldiers’ Repatriation Act 1920-22, introduced by Statutory Rules 1924, No. 158, amend the Australian Soldiers’ Repatriation Regulations 1920. A key addition, found in regulation 89n, allows the Repatriation Commission to provide financial support to blinded or severely visually impaired soldiers who are receiving a pension. This support can cover the cost of an attendant's services, up to a maximum of one pound per week, if the Commission deems it necessary (1). The allowance is not available to soldiers who are already being cared for at a public establishment (2).
The Regulations impose several obligations on the Repatriation Commission. Primarily, they require the Commission to assess the needs of blinded or visually impaired soldiers to determine if they require the services of an attendant (3). If the soldier's condition warrants it, the Commission must grant an allowance to cover the attendant's services, ensuring the soldier receives the necessary support (4). Additionally, the Commission must ensure that the allowance does not extend to soldiers who are already receiving care in a public establishment (5).
Failure to adhere to these provisions could result in legal consequences. The Regulations do not explicitly state any penalties for non-compliance, but breaches of the Act or its regulations may lead to civil or criminal liabilities, depending on the nature and severity of the breach. Typically, such breaches might result in fines, imprisonment, or other penalties as prescribed by law. It is also possible that affected parties could pursue legal action for damages resulting from non-compliance.
In summary, the Regulations enhance the support available to blinded or visually impaired soldiers by providing allowances for attendant services. The Repatriation Commission is tasked with assessing and granting these allowances where appropriate, while ensuring that public resources are not duplicated. Although specific penalties for non-compliance are not detailed in the Regulations, breaches may result in significant legal consequences.