Defence Service Homes Regulations (Amendment)

Administered by Department of Veterans' Affairs

Legislation au F1997B01874 Regulations Not in force Legislative Instrument

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Statutory Rules

1980 No. 289

REGULATIONS UNDER THE DEFENCE SERVICE HOMES ACT
19181

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Service Homes Act 1918.

 Dated this nineteenth day of September 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

 

EVAN ADERMANN

Minister of State for Veterans’ Affairs

_______________

AMENDMENTS OF THE DEFENCE SERVICE HOMES
REGULATIONS2

 Interpretation

 1. Regulation 4 of the Defence Service Homes Regulations is amended—

 (a) by omitting from sub-regulation (1) the definition of “delegate”;

 (b) by omitting from sub-regulation (1) the definitions of “Regional Director” and “the Act” and substituting the following definitions:

  “ ‘State Manager’ means a person for the time being occupying, or performing the duties of, an office in the Australian Public Service designated as—

 (a) State Manager, Defence Service Homes Corporation; or

 (b) Manager, Defence Service Homes Corporation;

  ‘the Act’ means the Defence Service Homes Act 1918.”;

 (c) by omitting from sub-regulation (2) “a husband and wife” and substituting “persons”; and

 (d) by omitting sub-regulations (3) and (4).

 Repeal of Part V

 2. Part V of the Defence Service Homes Regulations is repealed.

 Repeal of regulation 34

 3. Regulation 34 of the Defence Service Homes Regulations is repealed.

 Repeal of regulation 41

 4. Regulation 41 of the Defence Service Homes Regulations is repealed.

 Evidence in proceedings under section 30A

 5. Regulation 78 of the Defence Service Homes Regulations is amended by omitting sub‑regulation (2).

 Repeal of regulation 80

 6. Regulation 80 of the Defence Service Homes Regulations is repealed.

 7. Regulation 81 of the Defence Service Homes Regulations is repealed and the following regulation substituted:

 Prescribed authority of Department of Veterans' Affairs

 “81. Each person who is a Deputy Commissioner within the meaning of the Repatriation Regulations is, for the purposes of section 47 of the Act, a prescribed authority of the Department of Veterans’ Affairs.”.

 The Schedule—Form B

 8. Form B of the Schedule to the Defence Service Homes Regulations is amended—

 (a) by omitting “Defence Service Homes Act 1918-19” (wherever occurring) and substituting “Defence Service Homes Act 1918”;

 (b) by omitting “Director of Defence Service Homes” (wherever occurring) and substituting “Defence Service Homes Corporation”;

 (c) by omitting “him” and substituting “it”; and

 (d) by omitting “Director” (wherever occurring) and substituting “Corporation”.

 The Schedule—Form C

 9. Form C of the Schedule to the Defence Service Homes Regulations is amended—

 (a) by omitting “Defence Service Homes Act 1918-19” and substituting “Defence Service Homes Act 1918”;

 (b) by omitting “Director of Defence Service Homes” (wherever occurring) and substituting “Defence Service Homes Corporation”; and

 (c) by omitting “Director” (wherever occurring) and substituting “Corporation”.

 The Schedule—Form D

 10. Form D of the Schedule to the Defence Service Homes Regulations is amended—

 (a) by omitting “Defence Service Homes Act 1918-19” (wherever occurring) and substituting “Defence Service Homes Act 1918”;

 (b) by omitting “Director of Defence Service Homes” (wherever occurring) and substituting “Defence Service Homes Corporation”; and

 (c) by omitting “Director” (wherever occurring) and substituting “Corporation”.

 The Schedule—Form E

 11. Form E of the Schedule to the Defence Service Homes Regulations is amended—

 (a) by omitting “Defence Service Homes Act 1918-19” (wherever occurring) and substituting “Defence Service Homes Act 1918”;

 (b) by omitting “Director of Defence Service Homes” (wherever occurring) and substituting “Defence Service Homes Corporation”;

 (c) by omitting “him” and substituting “it”; and

 (d) by omitting “Director” (wherever occurring) and substituting “Corporation”.

 Further amendments of the Defence Service Homes Regulations

 12. The Defence Service Homes Regulations are further amended as set out in the Schedule.

____________

 SCHEDULE Regulation 12

FURTHER AMENDMENTS OF THE DEFENCE SERVICE HOMES REGULATIONS

 

Provision amended

Amendment

Sub-regulation 4 (1) (definition of “authorized person”)

Omit “Director”, substitute “Corporation”.

Sub-regulation 4 (2)

Omit “Director”, substitute “Corporation”.

Regulation 5

 (a) Omit “Regional Director or an authorized person”, substitute “State Manager”.

 

 (b) Omit “Director”, substitute “Corporation”.

Regulation 6

Omit “Director”, substitute “Corporation”.

Regulation 7

Omit “Regional Director” (wherever occurring), substitute “State Manager”.

Sub-regulation 8 (1)

Omit “Regional Director”, substitute “State Manager”.

Sub-regulation 8 (2)

 (a) Omit “Regional Director”, substitute “State Manger”.

 

 (b) Omit “Director”, substitute “Corporation”.

Sub-regulation 8 (3)

Omit “Director”, substitute Corporation”.

Regulation 10

Omit “Director” (wherever occurring), substitute “Corporation”.

Sub-regulation 11 (1)

Omit “Director” (wherever occurring), substitute “Corporation”.

Sub-regulation 11 (2)

Omit “Director”, substitute “Corporation”.

Regulation 13

Omit “Director” (wherever occurring), substitute “Corporation”.

Regulation 15

 (a) Omit “signed by the Director, a delegate or an authorized person”, substitute “given by the Corporation”.

 

 (b) Omit “Director”, substitute “Corporation”.

Regulation 16

Omit “Director” (wherever occurring), substitute “Corporation”.

Regulation 17

Omit “Director” (wherever occurring), substitute “Corporation”.

Sub-regulation 18 (1)

Omit “Director” (wherever occurring), substitute “Corporation”.

Sub-regulation 18 (2)

Omit “Director”, substitute “Corporation”.

Sub-regulation 18 (3)

Omit “Director”, substitute “Corporation”.

Regulation 20

 (a) Omit “Director” (wherever occurring), substitute “Corporation”.

 

 (b) Omit “him”, substitute “it”

Regulation 21

 (a) Omit “Director” (wherever occurring), substitute “Corporation”.

 

 (b) Omit “him”, substitute “it”

Sub-regulation 22 (1)

 (a) Omit “Director”, substitute “Corporation”.

 

 (b) Omit “he”, substitute “it”.

Sub-regulation 22 (2)

Omit “signed by the Director, a delegate or an authorized person,”, substitute “given by the Corporation”.

Sub-regulation 22 (3)

Omit “Director”, substitute “Corporation”.

Regulation 23

Omit “Director” (wherever occurring), substitute “Corporation”.

Regulation 24

Omit “Director”, substitute “Corporation”.

Sub-regulation 26 (1)

Omit “Director” (wherever occurring), substitute “Corporation”.

Sub-regulation 26 (2)

Omit “Director” (wherever occurring), substitute “Corporation”.

Regulation 29

Omit “Director”, substitute “Corporation”.

Regulation 31

Omit “Director, a delegate or an authorized person,”, substitute “Corporation”.

Sub-regulation 32 (2)

Omit “Director” (wherever occurring), substitute “Corporation”.

Regulation 35

Omit “Director”, substitute “Corporation”.

Sub-regulation 36 (2)

Omit “Director or a delegate”, substitute “Corporation”.

Regulation 38

Omit “Director” (wherever occurring), substitute “Corporation”.

Regulation 39

 (a) Omit “Director”, substitute “Corporation”.

 

 (b) Omit “he”, substitute “it”.

Regulation 42

 (a) Omit “Director” (wherever occurring), substitute “Corporation”.

 

 (b) Omit “Director’s satisfaction”, substitute “satisfaction of the Corporation”.

Sub-regulation 43 (1)

Omit “Director” (wherever occurring), substitute “Corporation”.

Sub-regulation 43 (2)

Omit “Director” (wherever occurring), substitute “Corporation”.

Regulation 43A

Omit “Director” (wherever occurring), substitute “Corporation”.

Paragraph 44 (1) (a)

Omit “Director”, substitute “Corporation”.

Paragraph 44 (1) (b)

Omit “Director” (wherever occurring), substitute “Corporation”.

Sub-regulation 44 (2)

Omit “Director”, substitute “Corporation”.

Sub-regulation 74B (2)

 (a) Omit “Director”, substitute “Corporation”.

 

 (b) Omit “him”, substitute “it”.

Sub-regulation 74C (1)

Omit “Director”, substitute “Corporation”.

Regulation 74D

Omit “Director” (wherever occurring), substitute “Corporation”.

Regulation 74DA

 (a) Omit “Director”, substitute “Corporation”.

 

 (b) Omit “he”, substitute “it”.

Sub-regulation 74G (1)

Omit “Director”, substitute “Corporation”.

Paragraph 75 (2) (a)

 (a) Omit “Director”, substitute “Corporation”.

 

 (b) Omit “he”, substitute “it”.

Paragraph 75 (2) (b)

Omit “Director”, substitute “Corporation”.

Paragraph 76 (a)

Omit “Director”, substitute “Corporation”.

Sub-paragraph 76 (b) (ii)

Omit “Director”, substitute “Corporation”.

Regulation 77

Omit “Director, a delegate,”, substitute “Secretary, his delegate”.

Sub-regulation 78 (1)

 (a) Omit “Director”, substitute “Corporation”.

 

 (b) Omit “signed by the Director or delegate or an authorized person”, substitute “given by the Corporation”.

Sub-paragraph 78 (1) (a) (i)

Omit “Director of War Service Homes”, substitute “Defence Service Homes Corporation”.

Sub-paragraph 78 (1) (a) (ii)

Omit “Director of War Service Homes”, substitute “Defence Service Homes Corporation”.

Sub-regulations 78 (3)

 (a) Omit “Director or a delegate or authorized officer”, substitute “Corporation”.

 

 (b) Omit “Director or of a Regional Director, as the case may be,”, substitute “Corporation”.

Regulation 79

Omit “signed by the Director, a delegate or an authorized person,”, substitute “given by the Corporation”.

Regulation 83

Omit “Director”, substitute “Corporation”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 September 1980.

2. Statutory Rules 1936 No. 74 as amended by Statutory Rules 1945 No. 202; 1946 No. 66; 1947 No. 93; 1949 Nos. 13 and 29; 1951 No. 16; 1956 No. 17; 1957 Nos. 18 and 54; 1962 No. 42; 1964 No. 55; 1969 No. 164; 1972 No. 172; 1973 Nos. 50 and 173; 1974 No. 117; 1975 No. 90.

 

 

Overview

The Defence Service Homes Regulations 1980, made under the Defence Service Homes Act 1918, were introduced to provide a framework for the administration of Defence Service Homes. These regulations were enacted by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective of these regulations is to ensure that Defence Service Homes are managed in a manner that appropriately recognises and supports the needs of veterans and their families. This legislative instrument provides a series of amendments and clarifications to the existing regulations, aiming to modernise the administration and terminology used in the context of Defence Service Homes, while maintaining the core intent of supporting veterans and their families. The changes include the substitution of terms such as “Director of Defence Service Homes” with “Defence Service Homes Corporation,” and the redefinition of roles such as “Regional Director” to “State Manager.”

Scope and Application

The Defence Service Homes Regulations 1980, made under the Defence Service Homes Act 1918, govern the administration and operation of the Defence Service Homes Corporation, which was established to provide housing and related services to Australian Defence Force veterans. These regulations apply to the Defence Service Homes Corporation and its officers, employees, and agents, as well as to any other persons or entities involved in the administration or operation of Defence Service Homes. The regulations cover a wide range of matters, including the acquisition and management of properties, the provision of housing services, the imposition and collection of fees, and the resolution of disputes. The regulations also include provisions for the repeal of certain outdated or redundant regulations, and for the substitution of new definitions and terms to better reflect the current structure and operation of the Corporation. The regulations have a national reach, as they apply to the Corporation and its activities across Australia. While the primary focus of the regulations is on the administration and operation of Defence Service Homes, there are no specific exclusions or exemptions mentioned in the text. The scope and application of the regulations may be extended or restricted through subordinate instruments, such as guidelines, policies, or procedures issued by the Corporation or the Department of Veterans' Affairs.

Key Provisions

The Defence Service Homes Regulations, as amended by Statutory Rules 1980 No. 289, primarily revise the definitions and roles within the Defence Service Homes framework. For instance, Regulation 1 redefines "State Manager" to mean a person designated as such in the Australian Public Service, specifically within the Defence Service Homes Corporation, and clarifies the Act as the Defence Service Homes Act 1918. Regulation 2 repeals Part V, while Regulation 3 repeals Regulation 34, and Regulation 4 repeals Regulation 41. Regulation 5 modifies Regulation 78 by omitting sub-regulation (2), and Regulations 6, 7, and 8 repeal Regulations 80 and 81, substituting them with a new regulation that designates each Deputy Commissioner as a prescribed authority for the Department of Veterans' Affairs under section 47 of the Act. The Regulations impose specific obligations on the parties involved. For instance, by amending definitions and roles, they necessitate that certain duties and responsibilities previously assigned to the Director of Defence Service Homes are now to be performed by the Defence Service Homes Corporation or its State Manager. This includes the authority to issue documents and approvals, which must now be given by the Corporation rather than signed by the Director or a delegate. The Regulations also mandate that forms and references within the Schedule must be updated to reflect the new entity names and roles, ensuring consistency and clarity in documentation. The Regulations do not explicitly outline offences or penalties for breaches. However, as they are made under the Defence Service Homes Act 1918, any breach of the Act or the Regulations could potentially result in legal consequences as prescribed by the Act. These may include fines or other penalties as determined by the relevant courts. The specific maximum penalties would be defined within the Defence Service Homes Act 1918 itself, and would apply to any non-compliance with the Act or the Regulations. In summary, the Regulations primarily focus on redefining roles and responsibilities within the Defence Service Homes framework, updating references to reflect the new entity names, and ensuring that the obligations and authorities are clearly assigned to the appropriate bodies. While the Regulations themselves do not detail specific penalties for breaches, any non-compliance with the Act or the Regulations could result in legal consequences as outlined in the Defence Service Homes Act 1918.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.