STATUTORY RULES
1927 No. 135.
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 as from the twentyninth day of September 1927.
Dated this 23rd day of November one thousand nine hundred and
Governor-General
By His Excellency’s Command
Minister in Charge of Repatriation.
Amendment of Australian Soldiers’ Repatriation Regulations.
(Statutory Rules 1925, No. 110, as amended to this date.)
After Regulation 89P of the Australian Soldiers’ Repatriation Regulation, the following regulations are inserted:—
Allowance to dependent child over the age of 16 years.
“89. The commission, having regard to the circumstances of the case, may grant to a dependant being the son, daughter, step-son, step-daughter, adopted son or adopted daughter who
(a) is over the age of 16 years;
(b) was in receipt of a pension as the ‘child’ of a soldier;
(c) was, upon the termination of the ‘child’s’ pension, in the opinion of the commission, unable to earn a livelihood; and
(d) is not otherwise entitled to a pension under the regulations,
an allowance not exceeding the rate specified in column 2 of the First Schedule to the Act opposite the rate of pay of the member.
“89r. The commission or a Board may, subject to such conditions as are from time to time laid down by the commission, grant such allowance to the third or any subsequent child of a deceased or incapacitated soldier as will provide, together with pension payable in respect of that child, a sum equal to the pension payable to the second child of that soldier.”
Overview
The Australian Soldiers’ Repatriation Regulations 1927 were enacted to address issues and gaps within the existing framework of benefits and support for dependents of soldiers who were incapacitated or deceased as a result of their service. These regulations were made under the authority of the Australian Soldiers’ Repatriation Act 1920-1922, by the Governor-General in Council, and came into operation on 29 September 1927. The policy objective of these regulations was to provide additional support to dependents of soldiers who were unable to support themselves following the termination of a pension received on account of their relationship with the soldier. This included extending benefits to dependent children over the age of 16 years who were deemed unable to earn a livelihood, ensuring a more comprehensive safety net for families affected by the service and subsequent incapacitation or death of a soldier.
Scope and Application
The Australian Soldiers’ Repatriation Regulations, as amended by Statutory Rules 1927 No. 135, apply to individuals who are dependents of soldiers, specifically sons, daughters, step-sons, step-daughters, adopted sons, or adopted daughters, over the age of 16 years. These individuals must have previously been in receipt of a pension as the 'child' of a soldier and, upon the termination of that pension, must have been deemed unable to earn a livelihood by the relevant commission. The Act also extends to provide allowances for third or subsequent children of deceased or incapacitated soldiers, ensuring that the total pension and allowance for these children equals that of the second child. The regulations are made under the Australian Soldiers’ Repatriation Act 1920-1922 and apply nationally across Australia. There are no specific exclusions or thresholds mentioned in these regulations, but allowances are subject to the conditions laid down by the commission. The scope of the application is further defined and potentially extended through subordinate instruments, which may include detailed conditions or further specifications regarding eligibility and allowance rates.
Key Provisions
The main operative sections of these regulations introduce provisions related to allowances for dependent children over the age of 16 years who were previously in receipt of a pension as a 'child' of a soldier but are now unable to earn a livelihood (Regulation 89). This allowance is granted if the child is not otherwise entitled to a pension under the regulations. Additionally, the regulations allow for the grant of an allowance to a third or subsequent child of a deceased or incapacitated soldier, which, when combined with any pension payable in respect of that child, will provide a sum equal to the pension payable to the second child of that soldier (Regulation 89r).
The obligations and requirements imposed by these regulations necessitate that the commission considers the circumstances of each case before granting an allowance to a dependent child over the age of 16 who was previously in receipt of a pension as a 'child' of a soldier but is now unable to earn a livelihood. The commission must also determine that the child is not otherwise entitled to a pension under the regulations. Furthermore, when considering allowances for a third or subsequent child of a deceased or incapacitated soldier, the commission or a Board must ensure that the combined amount of the allowance and any pension payable to that child is equivalent to the pension payable to the second child of that soldier. This process involves adhering to conditions laid down by the commission from time to time.
Failure to comply with these regulations may result in various civil or administrative consequences. While the specific penalties are not detailed in the provided text, breaches of regulations under the Australian Soldiers’ Repatriation Act 1920-1922 generally attract penalties as prescribed by the Act or other relevant legislation. These penalties could include fines, administrative sanctions, or other forms of redress depending on the nature and severity of the breach. The precise nature and extent of penalties are typically outlined in the main Act or subsequent legislative instruments.