Australian Soldiers' Repatriation Regulations (Amendment)

Overview

The Australian Soldiers’ Repatriation Regulations of 1947, issued under the Australian Soldiers’ Repatriation Act 1920-1947, were introduced to address the need for amendments to the existing regulations governing the allowances and benefits for the children of deceased members of the Australian military forces. Enacted by the Governor-General in Council, these regulations aim to provide further clarity and structure to the allowances granted to children who have lost their parents while serving in the military. The policy objective, as stated in the text, is to ensure that the children of deceased members receive appropriate financial support to assist them during their period of bereavement and dependency, thereby reflecting the government’s commitment to the welfare of the families of fallen soldiers.

Scope and Application

The Regulations under the Australian Soldiers' Repatriation Act 1920-1947, as amended, govern the allowance to be paid to the children of deceased members of the armed forces, specifically targeting widows and their children. These Regulations apply to the children of deceased members who are entitled to a pension under the Act, with specific provisions for widows who may have one or two children. The Regulations are designed to provide financial support to these children until they reach a certain age or until they are no longer in need of such support. The allowance rate is set at 15 shillings per fortnight for widows with one or two children, with adjustments possible if the widow passes away before the pension ceases to be payable for the child or children. Furthermore, if a widow with a child or children has already passed away prior to the commencement of these Regulations, the allowance may still be granted under certain conditions, ensuring continued support for eligible children. The Regulations are part of the broader legislative framework that aims to support the families of deceased members of the Australian armed forces.

Key Provisions

The key provisions of these Regulations, introduced under the Australian Soldiers’ Repatriation Act 1920-1947, establish specific allowances for the children of deceased members, as outlined in regulation 176d (paragraph 2). This regulation stipulates that Deputy Commissioners may grant allowances to the children of deceased members, subject to certain conditions determined by the Commission. The allowance rates vary depending on the number of children and the circumstances of the widow’s death, with a maximum of 15 shillings per fortnight for one or two children. If the widow dies before the pension ceases, the allowance may be adjusted to reflect any increase in the pension of the children. In cases where the widow has died and the child or children are already in receipt of a pension, the allowance rate is set similarly to the adjusted rate under other conditions. The Regulations impose several obligations on the Deputy Commissioners and the Commission. Firstly, Deputy Commissioners must assess the specific circumstances of each case to determine the appropriate allowance, adhering to the conditions set by the Commission (regulation 176d(a), (b), and (c)). The Commission is responsible for setting these conditions and ensuring that the allowances are granted fairly and appropriately. Furthermore, the Deputy Commissioners must maintain records and documentation to justify the allowances granted, ensuring transparency and accountability in the process. There are no explicit provisions within these Regulations detailing offences, penalties, or consequences for breaches. However, as these Regulations are made under the Australian Soldiers’ Repatriation Act 1920-1947, any breaches of the Act or the Regulations could lead to legal consequences as prescribed by the Act. Typically, breaches of provisions under such legislation could result in penalties including fines or other civil consequences, depending on the nature and severity of the breach. It is essential for Deputy Commissioners and the Commission to adhere strictly to the conditions and processes outlined in the Regulations to avoid any potential legal repercussions.