Australian Soldiers' Repatriation Regulations (Amendment)

Overview

The Statutory Rules 1937 No. 56, enacted by the Governor-General in Council under the Australian Soldiers’ Repatriation Act 1920-1936, serves to amend the Australian Soldiers’ Repatriation Regulations. The objective of these regulations is to address the needs of soldiers who have died under specific circumstances, ensuring that their families receive appropriate support in the form of financial assistance for funeral expenses. The 1937 amendment specifically targets the regulation concerning grants for funeral expenses, allowing Deputy Commissioners to provide financial aid for funeral costs and the transportation of remains under certain conditions, thereby extending support to the bereaved families of soldiers who died as a result of war service, in indigent circumstances, or while in an institution authorised under the Act. This legislative instrument reflects the Commonwealth's commitment to the welfare of veterans and their families, ensuring they receive the necessary support during times of bereavement.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1937, as amended, govern the financial assistance provided to soldiers who have died under specific circumstances. This regulation applies to deceased soldiers who have served in war and meet the criteria of death due to war service, death in indigent circumstances, or death in an institution or while proceeding to or from such an institution under certain regulations. The regulation allows a Deputy Commissioner to grant financial assistance, up to a specified limit, towards funeral expenses and the transportation of the soldier’s remains to their usual place of residence or another deemed appropriate location. The scope of the regulation is geographically limited to the Commonwealth of Australia, as it is a federal regulation under the Australian Soldiers’ Repatriation Act 1920-1936. The regulation does not specify any exclusions or exemptions but provides a financial threshold for the grants. The application of these regulations can be further detailed or modified through subordinate instruments as deemed necessary by the Deputy Commissioner.

Key Provisions

The regulation, numbered 187, under the Australian Soldiers’ Repatriation Regulations, provides for grants towards funeral expenses for soldiers who die under specific circumstances. It amends the existing sub-regulation by introducing new criteria for eligibility. According to regulation 187(1), a Deputy Commissioner may grant a sum, not exceeding £15, towards funeral expenses if the soldier dies as a result of war service, in indigent circumstances, or in an institution, or while proceeding to or from an institution, to which the soldier had been authorized to proceed under specified regulations. In cases where the soldier falls under the criteria in sub-regulation (c), a further sum, not exceeding £15, may be granted for the cost of transporting the soldier’s remains either to their usual place of residence or to another place deemed desirable by the Deputy Commissioner. However, the total grant for transportation must not exceed the amount that would have been granted for transportation to the soldier’s usual place of residence. The Act imposes several obligations and requirements on the parties involved, particularly the Deputy Commissioner. They must assess the circumstances of the soldier's death to determine eligibility for the grants. This involves verifying whether the soldier died as a result of war service, in indigent circumstances, or in an institution, as well as ensuring that the soldier was authorized to proceed to the institution under the specified regulations. Additionally, the Deputy Commissioner is tasked with determining the appropriate destination for the soldier’s remains and ensuring that the grant for transportation does not exceed the prescribed limits. These obligations are crucial to ensure that the financial assistance provided under the regulation is both fair and within the bounds set by the legislation. Failure to comply with the provisions of the regulation may result in civil or criminal consequences. While the specific offences, penalties, or consequences for breach are not detailed within the text of the regulation itself, the Act generally provides for penalties for non-compliance with its provisions. This could include fines, imprisonment, or other legal repercussions, depending on the nature and severity of the breach. The maximum penalties are not specified within the text of this particular regulation but would be outlined in the broader legislative framework of the Australian Soldiers’ Repatriation Act 1920-1936. It is therefore essential for the Deputy Commissioner and other relevant parties to adhere strictly to the guidelines set forth in the regulation to avoid any potential legal ramifications.