STATUTORY RULES.
1921. No. 188.
REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920.
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, to come into operation as from the first day of October, 1921.
Dated this twenty-eighth day of September, 1921.
FORSTER,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN,
Minister of State for Repatriation.
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Amendment of Australian Soldiers’ Repatriation Regulations 1920.
(Statutory Rules 1920, No. 112, as amended by Statutory Rules 1920, Nos. 125, 151, 243, and 247, and by Statutory Rules 1921, Nos. 31 and 50.)
1. Regulation 85 of the Australian Soldiers’ Repatriation Regulations is amended—
(a) by omitting therefrom the words “sustenance at the rate provided under regulation 77”; and
(b) by inserting before the words “and may” the words and paragraphs “such sustenance as will insure:—
(i) to an applicant without dependants a weekly income, inclusive of pension, of 42s.;
(ii) to an applicant with a wife a weekly income, inclusive of pension, of 60s.;
(iii) to an applicant with a wife and one child a weekly income, inclusive of their combined pensions, of 65s.;
(iv) to an applicant with a wife and two children a weekly income, inclusive of their combined pensions, of 70s.;
(v) to an applicant with a wife and three children a weekly income, inclusive of their combined pensions, of 75s.; and
(vi) to an applicant with a wife and four children or more a weekly income, inclusive of their combined pensions, of 80s.”
2. Regulation 94 of the Australian Soldiers' Repatriation Regulations is amended by omitting from paragraphs (a) and (b) of the second proviso thereto, the figures “77” and inserting in their stead the figures “85”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Australian Soldiers' Repatriation Regulations 1921 were made under the authority of the Australian Soldiers' Repatriation Act 1920. Enacted by the Governor-General in Council, these regulations were designed to address the needs of soldiers returning from service during World War I, ensuring they received appropriate sustenance and pensions based on their circumstances. This legislative instrument aimed to provide a more equitable and needs-based approach to the financial support of repatriated soldiers and their families. The regulations, which came into effect on 1 October 1921, adjusted the weekly income rates for different family compositions, reflecting the policy objective of providing adequate financial support to ensure the wellbeing of repatriated soldiers and their dependents.
Scope and Application
The Australian Soldiers’ Repatriation Regulations 1921, made under the Australian Soldiers' Repatriation Act 1920, apply to former Australian military personnel who are eligible for repatriation benefits, including pensions and sustenance. These regulations are intended to ensure that returned soldiers receive a weekly income that is adequate for their circumstances, taking into account the number of dependants they have. The scope of these regulations extends across the Commonwealth of Australia, applying uniformly to all eligible veterans, regardless of where they reside within the nation. The regulations specify detailed income thresholds to be met for different family compositions, thus ensuring that the sustenance provided is appropriate for the support of the veteran and their dependants. Notably, these regulations do not explicitly state any exclusions or exemptions; however, they do establish criteria that determine the level of support each applicant is entitled to receive. The application of these regulations can be further defined or modified through additional subordinate instruments, allowing for adjustments as necessary to meet the changing needs of the veteran community.
Key Provisions
The Australian Soldiers’ Repatriation Regulations 1921, made under the Australian Soldiers’ Repatriation Act 1920, primarily focus on the adjustments to the sustenance rates for different categories of applicants. Regulation 85 is particularly noteworthy as it revises the income levels that applicants must meet to qualify for the sustenance benefits. Specifically, Regulation 85(a) removes the previous reference to the sustenance rate under Regulation 77 and instead inserts detailed provisions on the income thresholds for various family compositions. These new provisions are detailed in Regulation 85(b) and outline the weekly income requirements for applicants with different family sizes, ranging from an applicant without dependants to an applicant with a wife and four or more children.
The obligations imposed by these regulations are clear and specific. Applicants seeking sustenance benefits must ensure their combined pension income meets the specified thresholds. For example, an applicant without dependants must have a weekly income, inclusive of pension, of 42s. Similarly, an applicant with a wife and two children must have a combined weekly income of 70s. This requirement is stringent and ensures that only those meeting the stipulated income levels are eligible for the benefits. The regulations aim to provide adequate financial support to soldiers based on their family responsibilities, ensuring that the sustenance provided is commensurate with their needs.
Failure to comply with the stipulations set forth in these regulations can result in serious consequences. While the statutory rules do not explicitly detail the penalties for non-compliance, it is reasonable to infer that breaches could lead to legal ramifications under the Australian Soldiers’ Repatriation Act 1920. Such breaches might involve civil penalties or legal actions to rectify the non-compliance, ensuring that the intended support is provided to the rightful beneficiaries. The precise nature of these penalties is not outlined in the regulations but would likely be governed by the broader legislative framework within which these rules operate.