STATUTORY RULES.
1941. No. 94.
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REGULATION UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1940.*
I, THE DEPUTY OF 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 1920-1940.
Dated this second day of May, 1941.
WINSTON DUGAN
Deputy of the Governor-General.
By His Excellency’s Command,
GEORGE McLEAY
Minister of State for Repatriation.
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Amendment of the Australian Soldiers’ Repatriation Regulations.†
After regulation 90 of the Australian Soldiers’ Repatriation Regulations, the following regulation is inserted:—
Allowance in respect of member killed in Australia while travelling on leave.
90a. Where any member of the Forces, who, during the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, is enlisted in, or appointed to, the Naval, Military, or Air Forces of the Commonwealth or the Australian Army Nursing Service, for active service outside Australia, is, before proceeding outside Australia, incapacitated or killed as a result of an accident occurring to him while travelling on leave to or from his place of employment, the Commission may grant to or in respect of that member, by way of an allowance, the same benefits as it might have granted had the incapacity or death, as the case may be, been directly attributable to his employment as a member.
* Notified in the Commonwealth Gazette on 2nd May, 1941.
†Statutory Rules 1934, No. 16, as amended by Statutory Rules 1935, Nos. 7, 84 and 136; 1936, No. 134; 1937, No. 56; and 1938, Nos. 10, 42 and 71.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1941 No. 94, made under the Australian Soldiers’ Repatriation Act 1920-1940, were enacted to address the need for providing benefits to members of the Australian Defence Forces who were killed or incapacitated while on leave in Australia, prior to their departure for active service overseas during World War II. This regulation was introduced to ensure that the benefits and allowances normally granted due to service-related injuries or deaths were also extended to those who suffered accidents on leave. The regulation was enacted by the Deputy of the Governor-General, Winston Dugan, on advice from the Federal Executive Council and with the approval of George McLeay, the Minister of State for Repatriation, on 2nd May 1941. The policy objective was to offer comprehensive support to members of the Australian Defence Forces, recognising the risks they faced even before deployment overseas.
Scope and Application
This statutory rule, made under the Australian Soldiers’ Repatriation Act 1920-1940, applies specifically to members of the Australian Forces who were enlisted or appointed for active service outside Australia during World War II. The regulation provides for allowances to be granted in cases where a member is incapacitated or killed in an accident while travelling on leave to or from their place of employment, treating such incidents as if they were directly attributable to their employment. This rule applies across the Commonwealth of Australia, extending the scope of benefits to those who might have otherwise been excluded if the injury or death was deemed unrelated to their service. The regulation does not specify exclusions or exemptions and is designed to provide comprehensive coverage for the affected individuals and their families. The rule is an amendment to the existing Australian Soldiers’ Repatriation Regulations and is subject to further interpretation and application through subordinate instruments as may be necessary.
Key Provisions
The Australian Soldiers' Repatriation Regulations, as amended by Statutory Rules 1941, No. 94, introduce a new regulation (section 90a) under the Australian Soldiers' Repatriation Act 1920-1940. This new regulation pertains to members of the Australian Naval, Military, or Air Forces, or the Australian Army Nursing Service, who were enlisted or appointed for active service outside Australia during the war that commenced on 3rd September 1939. Specifically, it addresses the scenario where a member is incapacitated or killed due to an accident while travelling on leave to or from their place of employment in Australia, before they depart for overseas service. In such cases, the Repatriation Commission is empowered to grant benefits equivalent to those that would have been awarded if the incapacity or death had been directly attributable to their employment as a member of the forces.
The obligations imposed by this regulation primarily concern the Repatriation Commission. When a member of the forces is incapacitated or killed under the specified circumstances, the Commission must review the case and determine if the accident occurred while the member was travelling on leave. If it is determined that the incapacity or death was a result of such an accident, the Commission is required to grant the same benefits that would have been provided had the incapacity or death been due to employment as a member of the forces. This includes financial support, medical care, and other relevant benefits.
There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of this regulation within the legislative instrument itself. However, any failure by the Repatriation Commission to comply with its obligations under this regulation could potentially result in legal action being taken against the Commission for non-fulfilment of statutory duties, which may include claims for compensation by the affected members or their families. The regulation focuses on ensuring that members of the forces who suffer accidents on leave in Australia receive the appropriate benefits, thereby upholding their rights under the Act.