Australian Soldiers' Repatriation Regulations (Amendment)

Overview

Statutory Rules 1942 No. 505, the Australian Soldiers' Repatriation Regulations Amendment (Grants for Funeral Expenses) 1942, was enacted to address gaps in the provision of funeral expenses for soldiers who died under specific circumstances during wartime. This regulation was made under the authority of the Australian Soldiers' Repatriation Act 1920-1941 by the Deputy of the Governor-General, acting on the advice of the Federal Executive Council. The policy objective was to ensure that the families of deceased soldiers who died as a result of war service or in indigent circumstances received financial assistance for funeral expenses. The regulation amended existing provisions to extend eligibility for these grants, reflecting the evolving needs of soldiers and their families during wartime.

Scope and Application

The Australian Soldiers’ Repatriation Regulations, specifically Statutory Rules 1942, No. 505, pertain to amendments under the Australian Soldiers’ Repatriation Act 1920-1941. These regulations apply to members who are in need of financial assistance for funeral expenses, particularly those who die as a result of their war service or under indigent circumstances, as well as those who pass away while in an institution or while travelling to or from such an institution under certain authorisations. The amendment modifies the existing regulations to refine the eligibility criteria for funeral expense grants, effectively removing previous sub-paragraphs and adjusting the numbering to ensure clarity and accuracy in the application process. The regulation came into effect on the seventeenth day of December, 1941. The jurisdictional reach of these regulations is Commonwealth-wide, as they are issued under the authority of the Australian government and are intended to govern the provision of benefits and support to soldiers and their families across the nation.

Key Provisions

The main operative sections of this Statutory Rules document are found in Regulation 187 of the Australian Soldiers’ Repatriation Regulations, which is amended by this legislation. Under this amendment, sub-paragraph (iii) of paragraph (a) in sub-regulation (1) now reads “as a result of war service or in indigent circumstances; or any member who dies in an institution, or while proceeding to or from an institution to which he has been authorized to proceed for any purpose under regulation 109, regulation 112 or regulation 114 of these Regulations; and”. The amendment also changes the figure from “(v)” to “(iii)” in paragraph (b) of sub-regulation (1). This regulation came into effect on 17 December 1941. The obligations and requirements imposed by this legislation primarily concern the provision of grants for funeral expenses. The amended Regulation 187 now extends eligibility for funeral grants to members who die in an institution or while travelling to or from an institution under specific regulations. This extension ensures that more members who pass away under certain circumstances are eligible for these grants, reflecting a broader interpretation of who should be supported in their final expenses. The legislation does not explicitly detail offences or penalties for non-compliance. However, the Australian Soldiers’ Repatriation Act 1920-1941, under which this regulation is made, likely includes provisions for breaches of the regulations. Generally, breaches of such acts can lead to civil or criminal consequences, including fines or imprisonment, depending on the severity of the breach and the specific regulations involved. The maximum penalties would be stipulated within the Act itself.