Re-establishment and Employment (Allowances and Loans) Regulations (Amendment)

Overview

The Re-establishment and Employment (Allowances and Loans) Regulations were introduced in 1986 to amend the Re-establishment and Employment (Allowances and Loans) Regulations. These regulations were made under the authority of section 153 of the Re-establishment and Employment Act 1945, which empowers the Governor-General to make regulations for carrying out or giving effect to the Act, particularly for the payment of prescribed allowances to specified classes of persons. The policy objective behind these regulations was to update the administrative framework in light of the Veterans’ Entitlements Act 1986, which repealed the Repatriation Act 1920 and abolished the office of “Deputy Commissioner.” The aim was to ensure that the functions previously assigned to a Deputy Commissioner were effectively conferred upon the Repatriation Commission. This legislative action was essential to maintain the continuity and efficiency of the allowance and loan provisions, adapting them to the new governance structure.

Scope and Application

The Re-establishment and Employment (Allowances and Loans) Regulations 1986, made under Section 153 of the Re-establishment and Employment Act 1945, provide the framework for administering allowances and loans to individuals re-establishing in employment, with the Commonwealth responsible for these payments. The Act applies to individuals who have served in the defence forces and are now seeking re-employment, as well as to entities and industries that may be involved in the processing and disbursement of these allowances and loans. These regulations cover the geographic scope of Australia, with the Commonwealth's authority extending across all states and territories. The Act does not explicitly state exclusions or exemptions but implicitly excludes those not eligible for re-employment allowances or loans as defined within the regulations. The Veterans’ Entitlements Act 1986 repealed the Repatriation Act 1920, abolishing the office of “Deputy Commissioner,” and these regulations transfer the functions previously held by a Deputy Commissioner to the Repatriation Commission. The application of the Act is further extended and specified through subordinate instruments, which may detail additional criteria or procedures for the administration of allowances and loans.

Key Provisions

Section 153 of the Re-establishment and Employment Act 1945 allows the Governor-General to make regulations that are not inconsistent with the Act, specifically regarding the payment of allowances to prescribed classes of persons. Part VI of the Act pertains to re-employment allowances, re-establishment loans, and business re-establishment allowances, which are the primary focus of the Regulations. These Regulations seek to amend the Re-establishment and Employment (Allowances and Loans) Regulations to transfer the functions previously held by the Deputy Commissioner to the Commission. The Deputy Commissioner’s role was abolished with the repeal of the Repatriation Act 1920 by the Veterans’ Entitlements Act 1986. The Regulations impose certain obligations on the Commission. Specifically, Regulation 2 redefines the term “Deputy Commissioner” as “the Commission” across multiple sections of the Principal Regulations, thereby assigning the functions previously performed by the Deputy Commissioner to the Commission. Regulation 3, 4, 5, 6, 7, and 8 make similar amendments to other regulations, ensuring that references to a Deputy Commissioner are replaced with references to the Commission. These amendments ensure that the Commission is now responsible for overseeing and administering the allowances and loans provided under the Act. Under the Regulations, failure to comply with the prescribed requirements may lead to legal consequences. Although the text does not explicitly outline offences, penalties, or civil/criminal consequences for breach, it is implied that any non-compliance with the amended regulations could result in legal action. Given the administrative and financial nature of these regulations, breaches might involve administrative penalties or legal actions for non-fulfilment of statutory duties. The exact penalties would depend on the specific breach and would be determined in accordance with the broader legislative framework and applicable laws.