MATERNITY ALLOWANCE.
No. 4 of 1942.
An Act to amend the Maternity Allowance Act 1912-1937.
[Assented to 18th May, 1942.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and’ the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(l.) This Act may be cited as the Maternity Allowance Act 1942.
(2.) The Maternity Allowance Act 1912-1937 is in this Act referred to as the Principal Act.
(3.) The Principal Act as amended by this Act, may be cited as the Maternity Allowance, Act 1912-1942.
Commencement
2. This Act shall come into operation on the ninth day of July, One thousand nine hundred and forty-two.
Who may be claimants.
3. Section six of the Principal Act is amended—
(a) by inserting after sub-section (2.) the following sub-section :—
“(2a.) Nothing in the last preceding sub-section shall apply to an aboriginal native of Australia—
(a) who is for the time being exempt from the provisions of the law of the State or Territory of the Commonwealth in which she resides relating to the control of aboriginal natives; or
(b) who resides in a State or Territory of the Commonwealth the law of which does not make provision for such exemption, and with respect to whom the Commissioner is satisfied that, by reason of the character, standard of intelligence and development of the aboriginal native, it is desirable that the last preceding sub-section should not apply to her.”; and
(b) by inserting in sub-section (3.), after the word “relates”, the words “(but not including, in the case of a married or widowed claimant, any income of the claimant from personal exertion earned, derived or received during any portion of that period prior to her marriage)”.
4. After section nine of the Principal Act the following section is inserted:—
Payment of allowances of aboriginal natives.
“9a. ‘Where, in the opinion of the Commissioner, it is desirable to do so, he may direct that payment of any sum payable by way of maternity allowance to an aboriginal native of Australia shall be made to an authority of a State or Territory of the Commonwealth controlling the affairs of aboriginal natives, or to some other authority or person whom the Commissioner considers to be suitable for the purpose, for the benefit of the aboriginal native and payment shall be made accordingly.”.
5. After section eleven a of the Principal Act the following section is inserted:—
Annual report to be prepared.
“11b. (1.) The Director-General of Social Services shall, within three months after the end of each financial year, prepare and furnish to the Minister, for presentation to the Parliament, a report, with statistics, as to the administration and operation of this Act.
“(2.) The report may deal with the administration and operation of any other Act administered by the Minister administering this Act.”.
Overview
The Maternity Allowance Act 1942 was enacted to amend the Maternity Allowance Act 1912-1937 and address certain gaps in the provision of maternity allowances, particularly concerning Aboriginal women. This Act was assented to on 18 May 1942 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation was to ensure that maternity allowances were accessible to all eligible women, including Aboriginal natives, by making specific amendments to the Principal Act. These amendments included provisions for the exemption of certain Aboriginal women from eligibility requirements and the direction of payments to suitable authorities for the benefit of Aboriginal women. Additionally, the Act mandated the preparation of an annual report by the Director-General of Social Services to the Minister for presentation to Parliament, focusing on the administration and operation of the Act.
Scope and Application
The Maternity Allowance Act 1942 amends the Maternity Allowance Act 1912-1937, and applies to individuals who are eligible to claim maternity allowance, with specific provisions for Aboriginal natives of Australia who may be exempt under certain conditions. This Act applies to the entire Commonwealth of Australia, governing the administration and payment of maternity allowances within the jurisdiction. The Act excludes Aboriginal natives who are exempt from state or territory laws relating to the control of Aboriginal natives, or who, in the opinion of the Commissioner, should not be subject to the general provisions due to their character, standard of intelligence and development. Additionally, the Act allows for payments to be made to authorities or persons deemed suitable by the Commissioner for the benefit of eligible Aboriginal natives. The Act also mandates an annual report by the Director-General of Social Services to the Minister, providing statistics on the administration and operation of the Act, which may include other Acts administered by the Minister.
Key Provisions
The Maternity Allowance Act 1942 introduces significant changes to the original Maternity Allowance Act 1912-1937, particularly concerning the eligibility of Aboriginal natives to receive maternity allowances. Section 3(a) amends subsection (2) of the Principal Act by excluding certain Aboriginal natives from the application of the last preceding subsection, namely those who are exempt from state or territory laws governing Aboriginal natives or those residing in jurisdictions without such exemptions but deemed unsuitable for the maternity allowance due to their character, intelligence, or development. Section 3(b) further refines subsection (3) to exclude any income from personal exertion earned by a married or widowed claimant prior to marriage when determining the maternity allowance. Additionally, section 4 introduces a new subsection 9a, which allows the Commissioner to direct that maternity allowance payments to Aboriginal natives be made to a state or territory authority or another suitable person or authority, as deemed appropriate.
Under the Maternity Allowance Act 1942, the obligations of the parties involved are clearly defined. The Commissioner has the authority to make determinations about the eligibility of Aboriginal natives for maternity allowances and can direct the payment of such allowances to appropriate authorities or individuals. The Director-General of Social Services is required to prepare and submit an annual report to the Minister within three months after the end of each financial year. This report must include statistics and information regarding the administration and operation of the Act, as well as any other related Acts administered by the Minister.
The Act also outlines specific consequences for breaches. While the Act does not explicitly state penalties or offences, breaches of statutory requirements under the Maternity Allowance Act 1942 could potentially lead to civil or administrative consequences, such as the withholding of allowances or other remedial actions as deemed necessary by the Commissioner. Given the nature of the amendments and their focus on eligibility and administration, the primary repercussions would likely involve administrative adjustments rather than criminal penalties.