Australian Soldiers' Repatriation Regulations (Amendment)

Legislation au C1947L00072 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1947. No. 72.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1947.*

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 1920-1947.

Dated this fourth day of June, 1947.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

H. C. BARNARD

Minister of State for Repatriation.

 

Amendments of the Australian Soldiers’ Repatriation Regulations.†

1.—(1.) After regulation 76 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

Payment of trainee’s fare to places of employment.

“76a. In the case of a member who is a trainee, or who has been approved for training, under the Commonwealth Reconstruction Training Scheme, and who is being sent to an employer for employment for the purpose of training, continuation of training, or completion of training, within the provisions of that Scheme, a Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, pay the fare of the member to the place of employment.”.

(2.) The amendment effected by the last preceding sub-regulation shall be deemed to have come into operation on the first day of March, 1947.

2. After regulation 102 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

Removal expenses of trainees.

“102a.—(1.) In the case of a member with a family who is a trainee, or who has been approved for training, under the Commonwealth Reconstruction Training Scheme, who has been sent or is being sent to an employer for employment for the purpose of training, continuation of training, or completion of training, within the provisions of that Scheme, and who desires to establish his home in the locality where he is employed or is to be employed for that purpose, a Deputy Commissioner may, subject to such conditions as the Commission from time to

 

* Notified in the Commonwealth Gazette on 5th June, 1947.

† Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48, and 1946, No. 182.

1955.—Price 3d.


time determines, pay such fares and freights and other reasonable charges, directly related to removal to the locality of his employment, as are necessarily incurred in so removing the trainee and his family.

“(2.) The amount payable to meet freight charges shall be such sum, not exceeding £15 on household belongings, as the Deputy Commissioner considers reasonable.”.

Removal expenses of widow and children.

3. After regulation 103 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

“103a.—(1.) Where a widow of a deceased member—

(a) has no established home and is removing herself and the children of the deceased member from the locality where she and the children are living to another locality for the purpose of establishing a home for herself and the children in that locality; or

(b) is, in circumstances that appear to the Commission sufficient to warrant assistance, removing herself and the children from the locality in which she has an established home to another locality for the purpose of establishing a home for herself and the children in that locality,

a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to such conditions as the Commission from time to time determines, pay such fares and freights and other reasonable charges, directly related to the removal, as are necessarily incurred in removing the widow and children.

“(2.) The amount payable to meet freight charges shall be such sum, not exceeding £15 on household belongings, as the Deputy Commissioner considers reasonable.

“(3.) Assistance under this regulation shall not be granted—

(а) where the application for assistance is made after the expiration of two years after the date of—

(i) the death of the member; or

(ii) the commencement of this regulation,

whichever last happens; or

(b) on more than one occasion.

“(4.) In this regulation—

“member ” means a member who died while serving with the Forces or within five years after the date of his discharge from the Forces.”.

Funeral expenses.

4. Regulation 179 of the Australian Soldiers’ Repatriation Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A Deputy Commissioner may grant a sum, not exceeding £15, towards the funeral expenses of a member—

(a) whose death is due to war service;

(b) who dies in indigent circumstances; or

(c) who dies—

(i) in an institution; or

(ii) while proceeding to or from an institution,

to which he had been authorized to proceed for any purpose under regulation 64, 65, 66 or 72 of these Regulations,

and, in addition, may grant a sum, not exceeding £15, towards the cost of transportation of the remains of the member to whom paragraph (a) or (c) of this sub-regulation applies to the place where the member usually resided or such other place as the Deputy Commissioner approves.”.

South African Veterans.

5. Regulation 197 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from sub-regulation (3.) the words “institution to which” and inserting in their stead the words “institution, to which”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1947 No. 72, Regulations Under the Australian Soldiers’ Repatriation Act 1920-1947, was enacted by the Governor-General in Council, with the aim of addressing specific gaps in the repatriation process for Australian soldiers, particularly regarding the support of trainees, removal expenses for widows and children, and funeral expenses. This legislative instrument seeks to provide financial assistance for the relocation of trainees under the Commonwealth Reconstruction Training Scheme, as well as for the removal expenses of widows and children of deceased members. Additionally, it aims to ensure that funeral expenses for eligible members are covered. The policy objective behind these regulations is to offer comprehensive support to soldiers and their families, ensuring that they are not left to bear the financial burden of essential relocation and funeral-related costs.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1947, as amended by Statutory Rules 1943, No. 233, and further by Statutory Rules 1945, No. 48, and 1946, No. 182, pertain specifically to the provision of assistance to members of the Australian Forces who have died or are in need of support due to their service. This legislation applies to deceased members who died in the course of war service or within five years after discharge, their widows, and children, as well as to trainees under the Commonwealth Reconstruction Training Scheme. The geographic scope of these regulations is nationwide, reflecting the Commonwealth’s jurisdiction over matters related to war veterans. The regulations allow for the payment of travel expenses for trainees to their places of employment and for their removal to the locality of employment, as well as the payment of funeral expenses and removal expenses for widows and children. The regulations also include specific exclusions and conditions, such as a two-year limit on when assistance can be applied for and a restriction on the number of times assistance can be granted for the same purpose.

Key Provisions

The Regulations under the Australian Soldiers’ Repatriation Act 1920-1947, made in 1947, introduce several provisions to support members of the armed forces and their families. Regulation 76a (1) allows a Deputy Commissioner to pay the fare for trainees or those approved for training under the Commonwealth Reconstruction Training Scheme to their place of employment for the purpose of training, continuation, or completion of training, subject to certain conditions determined by the Commission. Regulation 102a (1) permits a Deputy Commissioner to cover the removal expenses of a trainee and their family to the locality of their employment, including fares, freights, and other related charges, up to a maximum of £15 for household belongings, again subject to conditions set by the Commission. Regulation 103a (1) extends assistance to the widows of deceased members, allowing them to receive payment for removal expenses to establish a new home if they have no established home or if the circumstances warrant assistance, again subject to conditions and limited to one occasion. Regulation 179 (1) allows a Deputy Commissioner to grant up to £15 towards funeral expenses for members who died due to war service, in indigent circumstances, or while in an institution or en route to or from one, and may also cover the cost of transporting the remains to the member's usual residence or another approved location. Finally, Regulation 197 (3) amends the definition to include "institution, to which" rather than "institution to which". The obligations imposed by these regulations primarily fall on Deputy Commissioners, who are responsible for assessing eligibility and determining the conditions under which assistance may be granted. They must ensure that the expenses covered are directly related to the purpose stated in the regulations and adhere to the stipulated conditions and limitations, such as the £15 cap on household freight charges and the one-time assistance rule for widows. Breaches of the regulations, while not explicitly detailed in the provided text, could potentially lead to civil or administrative consequences. For instance, if a Deputy Commissioner improperly grants assistance beyond the stipulated conditions or amounts, this could be considered a breach of their obligations, potentially leading to disciplinary actions or financial penalties. However, the specific legal consequences for such breaches are not outlined in the provided text.

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Area of Law
Veterans' Affairs
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Removal expenses of trainees

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