Australian Soldiers' Repatriation Regulations (Amendment)

Legislation au C1927L00151 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1927. No. 151.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1922.

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 1920-1922, to come into operation forthwith.

Dated this fourteenth day of December, One thousand nine hundred and twenty-seven.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

NEVILLE HOWSE

Minister in Charge of Repatriation.

 

Amendment of Australian Soldiers’ Repatriation Regulations.

(Statutory Rules 1925, No. 110, as amended to this date.)

1. Regulation 77 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is hereby repealed and the following Regulations inserted in its stead:—

Rates of Sustenance while undergoing medical treatment.

“77 (1) Where a soldier lodges an application for medical treatment and a Departmental Medical Officer certifies that the applicant is unable through disabilities due to or materially aggravated by war service to accept employment or has been compelled through those disabilities to leave his employment and has been ordered by a Departmental Medical Officer to undergo medical treatment, a Deputy Commissioner may, for such a period as a Departmental Medical Officer specifies in his certificate, grant sustenance allowance at such a rate as will ensure—

(a) to a soldier without dependants a weekly income inclusive of pension of 42s.;

(b) to a soldier with a wife a weekly income, inclusive of their combined pensions, of 60s.;

(c) to a soldier with a wife and one child a weekly income inclusive of their combined pensions of 70s.;

(d) to a soldier with a wife and two children a weekly income, inclusive of their combined pensions, of 77s. 6d.;

(e) to a soldier with a wife and more than two children a weekly income, inclusive of their combined pensions equivalent to the amount specified in sub-paragraph (d), plus 7s. 6d. in respect to each additional child.

1552.—Price 3d.


(2) A widower with a child shall be entitled to the same sustenance allowance under this regulation as if his wife were living.

(3) An unmarried soldier with an ex-nuptial child shall be entitled to the same sustenance allowance under this regulation as a widower with a child, but in respect of the child, not exceeding the amount contributed by him to its support.

(4) Friendly Society benefits, salary, wages, sick pay or other income whatsoever shall not be taken into consideration in determining the rate of sustenance under this regulation.

(5) Where a soldier who enlisted irregularly is discharged on account of such irregular enlistment, no sustenance shall be paid to him under this regulation.”

2. Regulation 79 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by deleting from the proviso to Sub-regulation (1) the words “sub-regulation (2) of” and—

(b) by deleting from the proviso to Sub-regulation (4) the words “sub-regulation (2) of”.

Fares for medical treatment and pension purposes.

3. Regulation 123 of the Australian Soldiers’ Repatriation Regulations 1920-1922 is hereby repealed and the following Regulation inserted in its stead:—

“123 (1) A Deputy Commissioner may, in the case of an applicant who is required, on the advice of a Departmental Medical Officer or Local Medical Officer to travel—

(a) to obtain medical treatment;

(b) for restoration of his health;

(c) to be fitted for artificial replacements or other surgical appliances;

(d) to proceed to hospital; or

(e) for pension purposes,

grant his fare to and from his place of treatment or examination, together with sustenance in accordance with Regulation 77, and a travelling allowance of 10s. per day when travelling by land, and 3s. per day when travelling by sea:

Provided that travelling allowance shall not be payable unless the travelling necessitates the applicant’s absence from his home for one or more nights.

(2) A Deputy Commissioner may, on the advice of a Departmental Medical Officer or Local Medical Officer, as the case may be, authorize an attendant to accompany a soldier who is travelling to hospital and may provide for the attendant on the forward journey a fare of the same class as the patient, and on the return journey a second-class fare, and in addition an allowance not exceeding 10s. per day for such period as is considered reasonable to complete the forward and return journeys.

(3) A Deputy Commissioner may, only in special cases, on the advice of a Departmental Medical Officer or Local Medical Officer, as the case may be, authorize the payment of first class fares with or without sleeping berths.”

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Australian Soldiers' Repatriation Regulations 1927, enacted under the Australian Soldiers' Repatriation Act 1920-1922, aim to address the need for clear and updated regulations regarding the provision of sustenance and travel allowances to soldiers who require medical treatment due to disabilities incurred during war service. The Australian Federal Parliament, acting through the Governor-General and the Federal Executive Council, introduced these regulations to provide a structured framework for the administration of benefits to soldiers in need. The policy objective is to ensure that soldiers, their families, and dependants receive adequate support to cover their basic needs while undergoing medical treatment, thereby facilitating their recovery and reintegration into civilian life. The regulations outline specific rates for sustenance allowances based on the soldier’s family circumstances and establish guidelines for travel allowances to ensure soldiers can access necessary medical care without financial hardship.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1927, made under the Australian Soldiers’ Repatriation Act 1920-1922, provide detailed provisions regarding the sustenance and travel allowances for soldiers who require medical treatment or are undergoing restoration of their health. These regulations apply to eligible soldiers who are unable to accept or have left employment due to disabilities arising from or materially aggravated by war service. The regulations stipulate specific rates of sustenance allowance based on the soldier's dependents, ensuring a certain weekly income for the soldier and their family. Additionally, the regulations cover the payment of fares for soldiers required to travel for medical treatment, restoration of health, or pension purposes, along with allowances for travel and for attendants accompanying the soldier. Exclusions apply to soldiers discharged due to irregular enlistment, and the allowances are not subject to deductions for any other income the soldier may receive. The application of these regulations is governed by the approval of Departmental Medical Officers or Local Medical Officers, and the Deputy Commissioner has the authority to make specific decisions in special cases regarding the class of travel and other allowances.

Key Provisions

The Australian Soldiers' Repatriation Regulations (1927) under the Australian Soldiers' Repatriation Act 1920-1922 outline provisions for sustenance and travel allowances for soldiers undergoing medical treatment or required to travel for health-related reasons. Regulation 77, for example, details the rates of sustenance allowance for soldiers based on their dependent status (Regulation 77(1)), which ensures that soldiers receive a weekly income inclusive of their pensions. Widowers and unmarried soldiers with ex-nuptial children are also covered under these provisions (Regulations 77(2) and 77(3)), ensuring equitable treatment. Regulation 123 specifies the fare allowances for soldiers required to travel for medical treatment or pension purposes, including daily travelling allowances and provisions for an attendant (Regulations 123(1)-(3)). The Regulations impose specific obligations on parties involved, including the Deputy Commissioner, who is responsible for granting sustenance and travel allowances based on the advice of Departmental or Local Medical Officers. The Deputy Commissioner must ensure that the allowances are provided as specified in the Regulations, taking into account the soldier's dependent status and travel needs. The Regulations also mandate that income from other sources such as Friendly Society benefits, salary, wages, or sick pay not be considered when determining the rate of sustenance (Regulation 77(4)). Breaches of these Regulations could lead to significant consequences. For instance, providing sustenance or travel allowances not in accordance with the stipulated rates could be considered non-compliance, potentially leading to legal ramifications. The Regulations do not explicitly state penalties for non-compliance, but given the context of military and veteran support, any deviation from these provisions could be viewed seriously, possibly resulting in disciplinary actions or financial repercussions for the involved parties. The severity of penalties might depend on the extent of the non-compliance and the impact on the affected soldiers.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.