Australian Soldiers' Repatriation Regulations (Amendment)

Overview

The Statutory Rules of 1928, No. 44, made under the Australian Soldiers' Repatriation Act 1920-1922, address a specific gap in the legislative framework concerning the payment of pensions to the dependants of deceased or incapacitated soldiers. Enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aim to provide an alternative to the ongoing pension payments by allowing for a lump sum settlement. This legislative instrument was designed to offer flexibility and potentially greater financial stability to the dependants of soldiers, fulfilling the policy objective of improving the welfare provisions available under the Act.

Scope and Application

The Statutory Rules 1928 No. 44, made under the Australian Soldiers’ Repatriation Act 1920-1922, concern the amendment of the Australian Soldiers’ Repatriation Regulations and specifically introduce Regulation 42a. This regulation applies to members of the Australian forces whose pensions have been approved for payment in a lump sum. The Commission, under the Act, is empowered to assess a lump sum equivalent to the pensions to which the member’s dependants would be entitled. This regulation facilitates the substitution of a lump sum payment for the ongoing pension payments, subject to the consent of the dependants. This regulation extends to all Commonwealth areas and applies to all members of the forces who have had their pensions approved for lump sum payment under Section 32 of the Act. There are no specific exclusions or thresholds mentioned in the regulation itself, but the approval process for lump sum payments is subject to the discretion of the Commission. The regulation does not explicitly extend or restrict its application through subordinate instruments, though such extensions or restrictions could be introduced in future amendments.

Key Provisions

The main operative sections of this legislative instrument, specifically Regulation 42a, allow for the Commission to assess and pay a lump sum to the dependants of a member of the Forces, in lieu of the pension they would otherwise be entitled to under Section 32 of the Australian Soldiers’ Repatriation Act 1920-1922 (Act). This is subject to the approval of the Commission and the consent of the dependants. If the Commission approves a lump sum payment, it will substitute the liability to pay the pension under the Act (Reg. 42a(1)). This regulation provides a flexible alternative to the standard pension payments, potentially offering greater financial flexibility to the dependants. The Act imposes several obligations and requirements on the parties involved. Firstly, the Commission must approve the lump sum payment in accordance with Section 32 of the Act (Reg. 42a(1)). The Commission is also tasked with assessing the lump sum that would be equivalent to the pensions to which the dependants would be entitled (Reg. 42a(1)). Additionally, the consent of the dependants is required before the lump sum liability can replace the pension liability (Reg. 42a(1)). This ensures that the dependants are in agreement with the proposed lump sum payment. Failure to comply with the provisions of this regulation may result in various civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not explicitly stated in this legislative instrument. It is essential to note that any breaches of the Act or its regulations may be subject to other relevant penalties under the Act or other applicable laws. Given the nature of the regulation, breaches could potentially lead to legal actions or disputes regarding the lump sum payment and the entitlements of the dependants.