Maternity Allowance Act 1912

Overview

The Maternity Allowance Act 1912 was enacted to provide for the payment of maternity allowances to women in Australia, establishing a social safety net for mothers following childbirth. The Act was assented to on 10th October 1912 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, addressing the gap in support for women who gave birth. The policy objective was to support new mothers by providing financial assistance, ensuring a basic level of care and support for both the mother and the newborn child. The Act established a Commissioner of Maternity Allowances, under the control of the Minister, to administer the allowance and handle claims, with provisions for Deputy Commissioners and Assistants as needed. The Act specifies that a maternity allowance of Five pounds is payable to eligible women, with certain conditions and exclusions, such as the ineligibility of Asiatics and aboriginal natives of Australia, Papua, or the islands of the Pacific. The Act also outlines the procedure for claiming the allowance, methods of payment, and penalties for offences related to fraudulent claims.

Scope and Application

The Maternity Allowance Act 1912 establishes a framework for the payment of maternity allowances to women who give birth to a child either in Australia or on a ship proceeding between ports within the Commonwealth or a Territory of the Commonwealth. This Act applies specifically to women who are inhabitants of the Commonwealth or intend to settle therein, excluding women who are Asiatics or aboriginal natives of Australia, Papua, or the islands of the Pacific. The Act mandates the appointment of a Commissioner of Maternity Allowances, who, under the control of the Minister, is responsible for the execution of the Act. The Commissioner has the authority to appoint Assistant and Deputy Commissioners, who will have the powers and functions assigned to them by the Commissioner or as prescribed by regulations. The Act specifies that a maternity allowance of Five pounds is payable for each occasion of a birth where the child is born alive or is a viable child, with only one allowance payable even if multiple children are born. A claim for payment must be made within three months of the birth, and the allowance may be paid via a money order sent by post to the claimant or a designated recipient, with no further liability for the Commonwealth if paid in this manner. The Act also includes provisions for the payment of allowances in the event of the mother's death, as well as penalties for offences related to the fraudulent acquisition of allowances. Additionally, the Governor-General has the authority to make regulations necessary for the implementation of the Act, including those relating to the powers and duties of the Commissioner and other officers, as well as the procedures for obtaining maternity allowances.

Key Provisions

The Maternity Allowance Act 1912 (section 4) provides for the payment of a maternity allowance of five pounds to any woman who gives birth to a child either in Australia or on board a ship proceeding between ports within the Commonwealth or a Territory. This allowance is payable on each occasion of a birth where the child is born alive or is a viable child, but only one allowance is payable even if more than one child is born at the same time (section 5(1)). For cases where the child is not born alive or dies within twelve hours of birth, a medical certificate must be provided to confirm the child was viable (section 5(2)). However, if no medical practitioner was available to attend the birth, the Commissioner may dispense with the requirement for a medical certificate if satisfied by other evidence that the child was born alive or was viable (section 5(3)). The Act imposes certain eligibility criteria on claimants, such as being an inhabitant of the Commonwealth or intending to settle there, and explicitly excludes Asiatics or aboriginal natives of Australia, Papua, or the Pacific islands from receiving the allowance (section 6). It is also stipulated that claims for payment must be made to the proper officer within three months after the birth, or the allowance will not be paid (section 7). Payment can be made via a money order sent by post, and the Commonwealth will not be liable for any further payment once the money order has been sent (section 8). Offences under the Act include obtaining an allowance that is not payable, obtaining payment through false or misleading statements, or presenting false statements or documents to the Commissioner or an officer (section 10). Penalties for these offences include a fine of up to one hundred pounds or imprisonment for up to one year. Additionally, aiding and abetting any offence against the Act, or being knowingly involved in the commission of any offence, is deemed to be committing that offence and subject to the same penalties (section 11). The Governor-General has the authority to make regulations necessary for carrying out the Act, including the powers and duties of the Commissioner and other officers, and the procedures for obtaining maternity allowances (section 12).