Defence Force Amendment (Repatriation of Bodies from Malaysia) Regulation 2016

Overview

The Defence Force Amendment (Repatriation of Bodies from Malaysia) Regulation 2016 was enacted to address the need for extending the powers of the Director of War Graves under the Defence Act 1903. The regulation was introduced to amend the Defence Force Regulations 1952, allowing the Director to deal with the bodies of dependants of Australian Defence Force (ADF) members who died while on service and are interred in the Terendak Military Cemetery in Malaysia. This legislation was brought forth by the Minister for Veterans’ Affairs under the administrative responsibility outlined in the Administrative Arrangements Order. The policy objective was to honour the commitment made by the then Prime Minister, the Hon Tony Abbott MP, to repatriate the bodies of Australian service personnel and their dependants from Malaysia, following consultations with relevant parties including the families of the dependants, Ex-Service Organisations, and the Chief of the Defence Force. The regulation was the result of extensive consultation within the government and with external stakeholders, all of whom supported the measure. There were no retrospective implications associated with the regulation, and it does not engage any human rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The regulation’s primary function is to extend the existing powers under the Defence Force Regulations 1952 to include the repatriation of dependants’ bodies from the Terendak Military Cemetery in Malaysia, thereby providing a legislative basis for these repatriation efforts.

Scope and Application

The Defence Force Amendment (Repatriation of Bodies from Malaysia) Regulation 2016 applies to the Director of War Graves under the Defence Act 1903, specifically expanding their powers in relation to the disposal of bodies of members and dependants of the Australian Defence Force who died while on service. The amendment pertains to the Defence Force Regulations 1952, modifying section 31 to include the repatriation of bodies of dependants of ADF members interred in the Terendak Military Cemetery in Malaysia. This regulation is issued under the administrative responsibility of the Minister for Veterans' Affairs and is intended to provide a legislative basis for the repatriation of bodies of dependants whose graves are located in Malaysia. The regulation does not contain any specific exclusions or exemptions but extends the existing powers of the Director of War Graves in a specified geographic location. The application of the regulation is limited to the context of repatriation services for military personnel and their dependants, and it does not engage any human rights or freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Defence Force Amendment (Repatriation of Bodies from Malaysia) Regulation 2016 (the Regulation) amends section 31 of the Defence Force Regulations 1952 (the Principal Regulations). This amendment extends the power of the Director of War Graves to include the bodies of persons who, at the time of their death, were dependants of members of the Australian Defence Force (ADF) who died while on service. Specifically, the amendment allows the Director to deal with the bodies of these dependants if they are interred in the Terendak Military Cemetery in Malaysia. Previously, the Director's powers were limited to dealing with the bodies of serving members of the ADF who died on service. This change in the law enables the Director to provide repatriation services for the dependants buried in Terendak Military Cemetery, thereby honouring the commitment made to their families. Under the Regulation, the Director of War Graves is now empowered to exhume, reinter, cremate, or otherwise dispose of the bodies of dependants of ADF members who died while on service and are interred in the Terendak Military Cemetery in Malaysia. The Regulation mandates that the Director must act in accordance with the wishes of the next of kin and comply with any relevant local laws and regulations in Malaysia. This includes obtaining necessary permissions from the Malaysian authorities and ensuring that the process is conducted with dignity and respect. The Regulation also requires the Director to maintain records of all actions taken under this authority, including communications with the next of kin and details of the exhumation and disposal process. The Defence Force Amendment (Repatriation of Bodies from Malaysia) Regulation 2016 does not explicitly outline specific offences, penalties, or consequences for breach. However, any actions taken by the Director of War Graves under this Regulation must be in compliance with both Australian and Malaysian laws. Failure to obtain the necessary permissions or to conduct the exhumation and repatriation process in accordance with the law could result in legal repercussions. For instance, non-compliance with Malaysian laws could lead to criminal charges under Malaysian law, while any failure to adhere to Australian legal requirements could result in administrative or civil consequences. The exact penalties would depend on the specific breaches and the relevant jurisdictions' laws. In summary, the Regulation extends the Director of War Graves' powers to include the repatriation of dependants of ADF members interred in the Terendak Military Cemetery in Malaysia, aligning with the commitment made to the families of those affected. The Director must act in accordance with the wishes of the next of kin and comply with relevant local and international laws. While the Regulation itself does not specify penalties for non-compliance, breaches could lead to legal consequences under both Australian and Malaysian laws.