STATUTORY RULES.
1931. No. 6.
REGULATION UNDER THE AUSTRALIAN SOLDIERS’
REPATRIATION ACT 1920-1930.
I, THE person administering the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1920-1930, to be operative as from the sixteeth day of December, 1930.
Dated this twenty-first day of January, One thousand nine hundred and thirty-one.
SOMERS
Administering the Government of the
Commonwealth of Australia.
By His Excellency’s Command,
FRANK ANSTEY
Minister of Health and Repatriation.
Amendment of Australian Soldiers’ Repatriation Regulations.
1. After regulation 42g of the Australian Soldiers’ Repatriation Regulations, the following regulation is inserted:—
Appeal against Commission’s decision that war incapacity so slight that it does not warrant grant of pension.
“42ga. Any member of the Forces whose accepted war incapacity has been deemed by the Commission to be so slight as not to warrant a pension assessment, may lodge under section 45n of the Act with a Deputy Commissioner, an appeal in accordance with Form TJ against the Commission’s refusal to grant him a pension.”.
2. After Form TH of the Schedule to the Australian Soldiers’ Repatriation Regulations, the following form is inserted:—
Form TJ.
Registered No.............
R. No.............
C. No.............
Australian Soldiers’ Repatriation Act 1920-1930, S. 45n.
——
APPEAL BY MEMBER OF THE FORCES (NOT IN RECEIPT OF A PENSION) TO ASSESSMENT APPEAL TRIBUNAL.
I, hereby appeal against the decision of the Repatriation Commission that my accepted war disability is so slight that incapacity resulting therefrom does not warrant a pension assessment, and declare that the following particulars are correct.
66.—Price 3d
I agree to submit to such medical examinations as are, in the opinion of the Assessment Appeal Tribunal, deemed necessary in order to determine this appeal.
Signature of Appellant........................................
Postal Address........................................
Date........................................
1. Name—Surname in block letters)... | |
Christian names................ | |
|
2. Regimental No., Rank, Unit, or other service particulars | Regtl. No.: | Rank: | Unit: |
| | | |
| | | |
3. Present address in full.......... | | | |
4. Nature of war disability in respect of which pension has been refused | | | |
5. Grounds of appeal............. | | | |
To the
Deputy Commissioner for Repatriation,
*..........................................
* Insert capital city of State in which appellant resides.
If acknowledgment of receipt of this form is not received within one week, appellant should communicate with the Deputy Commissioner.
By Authority: H. J. Green, Government Printer, Canberra
Overview
The Australian Soldiers' Repatriation Regulations 1931 were enacted to amend existing regulations under the Australian Soldiers' Repatriation Act 1920-1930. These regulations were introduced to address the need for an appeal process for soldiers whose war incapacity was deemed too slight to warrant a pension. The Australian Government, acting with the advice of the Federal Executive Council, established these regulations to provide a structured avenue for affected soldiers to contest the Commission's decision. The policy objective was to ensure fairness and due process in the pension assessment process for war-affected personnel, providing them with a legitimate means to challenge decisions they believed to be unjust. This legislative instrument aimed to enhance the overall support system for returning soldiers by giving them the right to appeal through a formal process, as outlined in the new regulation 42ga and the accompanying Form TJ.
Scope and Application
The Australian Soldiers’ Repatriation Regulations, established under the Australian Soldiers’ Repatriation Act 1920-1930, pertain specifically to members of the military forces who have served in conflicts and are seeking pensions or other benefits due to war-related incapacity. These regulations apply to individuals who have been formally recognised for their service and who have subsequently faced incapacity as a result of their wartime experiences. The application of these regulations is governed by the Commonwealth of Australia, reflecting the national scope of the legislation designed to assist former service members. The regulations provide a structured process for those whose war incapacity is deemed too slight to warrant a pension, allowing them to lodge an appeal against the Repatriation Commission's decision. This provision ensures that all affected individuals have the opportunity to contest decisions that directly impact their eligibility for financial support and related benefits. The insertion of new regulations and forms, such as Form TJ for appeals, demonstrates the Act's commitment to ensuring comprehensive and accessible recourse for eligible members of the forces.
Key Provisions
The main operative sections of these regulations pertain to the process of appealing a decision by the Repatriation Commission regarding the grant of a pension for members of the Forces whose war incapacity is deemed too slight. Regulation 42ga (1) introduces a new regulation, allowing a member of the Forces to appeal to a Deputy Commissioner if their war incapacity has been considered too slight to warrant a pension assessment. This appeal must be lodged in accordance with the newly introduced Form TJ, as per section 45n of the Australian Soldiers' Repatriation Act 1920-1930 (2). Form TJ, which is added to the schedule of the regulations, outlines the procedure for lodging an appeal, including the necessary information to be provided by the appellant.
The regulations impose specific obligations on the parties involved. The member of the Forces has the responsibility to submit an appeal to the Deputy Commissioner within the stipulated timeframe if they disagree with the Repatriation Commission's decision (Regulation 42ga). They must fill out Form TJ accurately, providing details such as their name, service particulars, nature of their war disability, and the grounds for their appeal (Form TJ). The Deputy Commissioner, on the other hand, must acknowledge receipt of the appeal form within one week and proceed to consider the appeal based on the provided information and any necessary medical examinations.
Failure to comply with the provisions of these regulations can lead to various consequences. Although the regulations themselves do not explicitly outline specific offences or penalties for non-compliance, breaches of the Australian Soldiers' Repatriation Act 1920-1930 or the associated regulations could potentially lead to legal action under the Act. The Act may impose administrative penalties, fines, or other sanctions for non-compliance, and serious breaches could result in civil or criminal charges, with penalties varying according to the nature and severity of the breach. It is important for all parties to adhere to the requirements set out in these regulations to avoid any adverse legal consequences.