Australian Soldiers' Repatriation Regulations (Amendment)

Legislation au C1945L00048 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 48.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1943.*

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 1920-1943.

 

Dated this nineteenth day of April, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

C. W. FROST

Minister of State for Repatriation.

 

Amendments of the Australian Soldiers Repatriation Regulations. †

Definitions.

1. Regulation 6 of the Australian Soldiers Repatriation Regulations is amended by omitting from the definition of “member” the figures “99” and “104” and inserting in their stead the figures “100” and “105” respectively.

Payment of undrawn instalment of pension of deceased pensioner.

2. Regulation 24 of the Australian Soldiers’ Repatriation Regulations is amended by omitting the word “An” and inserting in its stead the word “Any”.

Temporarily totally incapacitated member.

3. Regulation 31 of the Australian Soldiers’ Repatriation Regulations is amended by omitting all the words and figures from and including the word “if” to the end of the regulation and inserting in their stead the words “if the circumstances of his case are not such as, in the opinion of the Commission, do not warrant payment of the additional pension”.

Parent of deceased unmarried member.

4. Regulation 34 of the Australian Soldiers’ Repatriation Regulations is amended by omitting all the words from and including the words “who is resident” to the end of the regulation and inserting in their stead the words—

“and if that parent—

(i) prior to the enlistment of the member, was dependent upon him, or would have been dependent upon him but for his enlistment before he reached a reasonable earning capacity;

(ii) is resident in the Commonwealth or any Territory of the Commonwealth; and

(iii) would not be in receipt of an income from all sources (including the pension) exceeding the rate specified in the last-mentioned proviso.”.

 

 

* Notified in the Commonwealth Gazette on 19th April, 1945.

† Statutory Rules 1943, No. 233.

1302.—Price 3d.


Employment and sustenance while awaiting employment.

5. Regulation 75 of the Australian Soldiers’ Repatriation Regulations is amended by inserting in sub-regulation (5.), after the word “wife”, the words “, or sustenance is not payable under sub-regulation (4.) of this regulation”.

Allowance in respect of certain ex-nuptial children.

6. After regulation 176 of the Australian Soldiers’ Repatriation Regulations the following regulations are inserted:—

“176a. Where—

(a) a pension is not payable to or in respect of an ex-nuptial child of a member who is under the age of sixteen years but would be payable if that child were a child of the member other than an ex-nuptial child; and

(b) the parents of that child intermarry, or have intermarried,

the Commission may, having regard to the circumstances of the case, grant, in respect of the child, an allowance at a rate not exceeding the rate of pension which would be payable if the child were a child of the member other than an ex-nuptial child.

Allowance to member suffering disability specified in Fifth Schedule who is maintained in an establishment.

“176b. Where, by reason of the operation of sub-paragraph (i) of paragraph (c) of the proviso to the Fifth Schedule to the Act, an amount of pension specified in that Schedule is not payable to a member who is suffering from a disability specified in the first column of that Schedule, the Commission may grant to any such member, in any case where it considers the circumstances so warrant, an allowance at a rate not exceeding the amount of pension which would have been payable but for that sub-paragraph.

Allowance to member to whom full pension under the Fifth Schedule is not payable by virtue of paragraph (e) of proviso to that Schedule.

176c. Where the full amount of pension specified in the second column of the Fifth Schedule as payable to a member who has suffered loss of vision in one eye is reduced in accordance with paragraph (e) of the proviso to that Schedule, the Commission may grant to the member, in any case where it considers the circumstances so warrant, an allowance at a rate not exceeding the sum by which the amount of pension has been reduced.”.

Extension of certain provisions to 1914-1918 members (general service).

7. Regulation 193 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by inserting in sub-regulation (2.), after the figure “IX.” the figure “, X.”; and

(b) by omitting the words and figures “and the provisions of Part X. of these Regulations shall apply to and in relation to funds raised for the benefit of 1914-1918 members (general service),”.

South African veterans.

8. Regulation 197 of the Australian Soldiers’ Repatriation Regulations is amended by adding, at the end of sub-regulation (3.), the words “, or in an institution, or while proceeding to or from an institution to which he had been authorized to proceed by a Deputy Commissioner”.

Commencement.

9. These Regulations, other than regulations 3, 5 and 6, shall be deemed to have come into operation on the first day of April, 1943.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Australian Soldiers’ Repatriation Act 1920-1943 was enacted by the Parliament of Australia to address the needs of soldiers who had served in the Australian Defence Force, ensuring that they received adequate support and care upon their return from service. The Act aimed to provide comprehensive repatriation services, including medical care, financial support, and assistance in re-establishing their lives post-service. In 1945, the Australian Soldiers’ Repatriation Regulations were amended through Statutory Rules 1945, No. 48, made by the Governor-General under the authority of the Act. This legislative instrument was intended to refine and enhance the provisions of the original Act, addressing specific issues such as the payment of undrawn pensions to deceased pensioners, adjustments to pension rates and eligibility criteria for dependents, and the provision of allowances for certain ex-nuptial children and members suffering from disabilities. The policy objective behind these amendments was to ensure that the repatriation provisions remained relevant and supportive of the evolving needs of the veteran community.

Scope and Application

The Australian Soldiers' Repatriation Regulations, 1945, amend the existing Australian Soldiers' Repatriation Regulations to refine and update the benefits and provisions for members and their families, including the definition of "member" by adjusting specific figures, and the payment conditions for deceased pensioners and their dependents. The Regulations apply to members of the Australian Defence Force, their families, and certain other categories of individuals as defined in the Australian Soldiers' Repatriation Act 1920-1943. These Regulations are applicable throughout the Commonwealth of Australia and any territories under its jurisdiction. Notably, these Regulations do not explicitly state any exclusions or exemptions, but they do specify thresholds and conditions under which certain benefits are payable, such as the dependency status and income limits for parents of deceased unmarried members. The application of these Regulations can be further extended or restricted through subordinate instruments, allowing for additional flexibility in administering the provisions as needed.

Key Provisions

The Australian Soldiers Repatriation Regulations (1945) introduce several amendments to existing regulations under the Australian Soldiers’ Repatriation Act 1920-1943. Regulation 6 is amended to adjust the figures "99" and "104" to "100" and "105" in the definition of "member" (Reg. 1). Regulation 24 is modified to change the word "An" to "Any" concerning the payment of undrawn instalments of pension for deceased pensioners (Reg. 2). Regulation 31 is revised to omit the previous conditions for paying an additional pension and replaces it with a condition that payment should be made if the circumstances do not warrant it in the opinion of the Commission (Reg. 3). Regulation 34 is amended to specify new conditions for a parent of a deceased unmarried member to receive a pension, including dependency on the member, residency in Australia, and income limitations (Reg. 4). Additionally, Regulation 75 is updated to include a condition where sustenance is not payable under sub-regulation (4) (Reg. 5). The amended regulations impose specific obligations and requirements on various parties. The Repatriation Commission must review the eligibility and circumstances of applicants for pensions, allowances, and other benefits under the Act. This includes assessing the dependency status and residency of parents of deceased unmarried members, as well as the circumstances of ex-nuptial children whose parents have intermarried. The Commission must also evaluate the need for allowances in cases where a pension is not payable due to specific disabilities or other conditions outlined in the Fifth Schedule to the Act. Furthermore, the regulations require the Commission to extend certain provisions to 1914-1918 members (general service) and South African veterans, ensuring these individuals receive appropriate benefits and services. Breach of the regulations or failure to comply with the requirements can result in legal consequences. The Act may provide for offences and penalties, although specific penalties are not detailed in the provided text. Typically, under Australian law, penalties for breaches of regulations can include fines, imprisonment, or both, depending on the severity and nature of the offence. In cases involving the administration of pensions and benefits, non-compliance might also lead to civil consequences, such as the recovery of overpaid benefits or legal action to enforce compliance. The exact penalties would depend on the specific provisions of the Australian Soldiers’ Repatriation Act and any relevant case law.

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Veterans Law
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Definitions & Interpretation
Payment of Pension
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