Repatriation Act 1961

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REPATRIATION.

No. 46 of 1961.

An Act to amend the Repatriation Act 1920-1960, and for other purposes.

[Assented to 27th September, 1961.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Repatriation Act 1961.

(2.) The Repatriation Act 1920-1960 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920-1961.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Section eight of this Act shall be deemed to have come into operation on the twenty-ninth day of September, One thousand nine hundred and sixty.

Offices—how vacated.

3. Section eighteen of the Principal Act is amended by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—

“(b) he is wilfully absent from duty, except on leave granted—

(i) in the case of a Commissioner or Acting Commissioner—by the Governor-General; or

(ii) in the case of a member of a Board—by the Minister,

for twenty-one consecutive days or he becomes incapable of performing his duties; or”.

Determination of claim where claimant dies.

4. Section twenty-four a of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “requires,”, the words “and appeal to an Appeal Tribunal or an Assessment Appeal Tribunal,”;

(b) by inserting in sub-section (1.), after the word “determined” (last occurring), the words “or decided”; and

Pension payable to dependants on death of a member after termination of war service.

5. Section forty-five of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) The rate of a pension which a person is entitled to receive under this section by virtue of the death of a member of the Forces is the rate at which pension would have been paid or payable to that person if the member of the Forces had not died and the nature and extent of his incapacity had remained as they were immediately prior to his death.”.

Vacation of office—disqualification.

6. Section sixty-two of the Principal Act is amended by omitting paragraph (c) of sub-section (1.) and inserting in its stead the following paragraph:—

“(c) he is wilfully absent from duty, except on leave granted by the Minister, for twenty-one consecutive days.”.

Service pension in respect of a member permanently unemployable.

7. Section eighty-five of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “Ninety-one pounds per annum” and inserting in their stead the words “One hundred and twenty-three pounds ten shillings per annum”;

(b) by omitting from sub-section (1.) the words “Twenty-nine pounds eighteen shillings per annum” and inserting in their stead the words “Thirty-nine pounds per annum”;

(c) by omitting from sub-section (1.) the words “Thirty-six pounds eight shillings per annum” and inserting in their stead the words “Forty-five pounds ten shillings per annum”;

(d) by omitting from sub-section (1.) the words “Forty-two pounds eighteen shillings per annum” and inserting in their stead the words “Fifty-two pounds per annum”; and

(e) by omitting from sub-section (1.) the words “Forty-nine pounds eight shillings per annum” and inserting in their stead the words “Fifty-eight pounds ten shillings per annum”.

Regulations.

8. Section one hundred and twenty-four of the Principal Act is amended by omitting from paragraph (g) of sub-section (1.) the words “who are suffering from pulmonary tuberculosis”.

First Schedule.

9. The First Schedule to the Principal Act is amended by omitting the scale and inserting in its stead the following scale:—

Column 1.	Column 2.			Column 3.			Column 4.
Rank or Rating of the Member.	Pension payable to Widowed Mother on Death of Member.			Pension payable to Widow on Death of Member.			Pension payable to Member upon Total Incapacity.
	£	s.	d.	£	s.	d.	£	s.	d.
	Per fortnight.			Per fortnight.			Per fortnight.
All ranks and ratings below Leading Seaman, Corporal and relative ranks and ratings	4	10	0	11	10	0	11	10	0
Leading Seaman, Corporal and relative ranks and ratings.	5	0	0	11	10	0	11	10	0
Petty Officer, Sergeant and relative ranks and ratings	5	3	0	11	10	0	11	10	0
Chief Petty Officer, Staff Sergeant, Flight Sergeant and relative ranks and ratings	5	5	6	11	10	0	11	10	0
Warrant Officer and relative ranks................	5	13	6	11	10	0	11	10	0
All commissioned ranks below Lieutenant (Navy),Captain (Army), Flight Lieutenant (Air Force) and relative ranks	5	18	0	11	10	0	11	10	0
Lieutenant (Navy), Captain (Army), Flight Lieutenant (Air Force) and relative ranks	6	8	0	11	10	0	11	14	6
Lieutenant-Commander, Major, Squadron Leader and relative ranks	6	19	0	11	19	0	12	4	6
Commander, Lieutenant-Colonel, Wing Commander and relative ranks	7	11	0	12	11	0	12	14	6
Captain (Navy), Colonel, Group Captain and relative ranks	8	3	0	13	3	0	13	3	6
All ranks higher than Captain (Navy), Colonel, Group Captain and relative ranks	8	6	0	13	6	0	13	6	0

Second Schedule.

10. The Second Schedule to the Principal Act is amended—

(a) by omitting the words—

“Rate for Special Pensions—Twenty-five Pounds Ten Shillings per Fortnight.”

and inserting in their stead the words—

“Rate for Special Pensions—Twenty-six Pounds Ten Shillings per Fortnight.”;

(b) by omitting the words “Five pounds ten shillings” and inserting in their stead the words “Six pounds ten shillings”; and

Third Schedule.

11. The Third Schedule to the Principal Act is amended—

(a) by omitting from the column headed “Rate of Pension Payable.” in Table A the figures “£6 6s.” (wherever occurring) and inserting in their stead the figures “£7 3s.”;

(b) by omitting from that column the figures “£3 3s.” and inserting in their stead the figures “£3 18s.”; and

Fifth Schedule.

12. The Fifth Schedule to the Principal Act is amended by omitting the table in paragraph 1 and inserting in its stead the following table:—

Column 1.	Column 2.			Column 3.
Description of Disability.	Amount.			Allowances.
	£	s.	d.	£	s.	d.
	Per fortnight.			Per fortnight.
Two arms amputated...............................	15	0	0	10	10	0
Two legs and one arm amputated.......................	15	0	0	6	10	0
Two legs amputated above the knee.....................	15	0	0	6	10	0
Two legs amputated and loss of eye.....................	15	0	0		—
One leg and one arm amputated and one eye destroyed ........	15	0	0		—
One leg and one arm amputated........................	15	0	0		—
One leg amputated above, and one leg amputated below, the knee.	7	2	0		—
Two legs amputated below the knee.....................	4	15	0		—
One arm amputated and one eye destroyed.................	4	4	0		—
One leg amputated and one eye destroyed.................	4	4	0		—
One leg amputated above the knee......................	2	3	0		—
One leg amputated below the knee......................	1	7	0		—
One arm amputated above the elbow.....................	2	3	0		—
One arm amputated below the elbow.....................	1	7	0		—
Loss of vision in one eye............................	1	16	0		—

Application of amendments.

13. The amendments made by this Act, in so far as they affect instalments of pensions or of allowances, apply in relation to an instalment of pension or of an allowance, as the case may be, falling due on the first pension pay day after the day on which this Act receives the Royal Assent and to all subsequent instalments.

Leave granted by Governor-General to members of Repatriation Boards, &c.

14. Leave granted by the Governor-General before the commencement of this section to—

(a) a member of a Repatriation Board;

(b) a member or acting member of a War Pensions Entitlement Appeal Tribunal; or

shall, for the purposes of sub-section (2.) of section eighteen of the Principal Act as amended by this Act or sub-section (1.) of section sixty-two of the Principal Act as so amended, as the case requires, be deemed to be leave granted by the Minister.

Overview

The Repatriation Act 1961 was enacted to amend the Repatriation Act 1920-1960 and address certain gaps in the existing legislation. This Act was passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective of this Act is to enhance the administration of the Repatriation Act by making various amendments to the existing provisions. This includes changes to the process of determining claims, the rate of pensions payable to dependents, and the conditions for the vacation of office. Furthermore, the Act modifies the rates of pensions and allowances, as well as the criteria for the grant of leave to certain members of Repatriation Boards. The Repatriation Act 1961 makes several amendments to the Principal Act, including changes to the procedures for determining claims, the rates of pensions payable to dependents, and the conditions for the vacation of office. The Act also revises the rates of pensions and allowances for various categories of members, as well as the criteria for the grant of leave to certain members of Repatriation Boards. These amendments aim to improve the administration of the Repatriation Act and ensure that it continues to meet the needs of the beneficiaries it was designed to support.

Scope and Application

The Repatriation Act 1961 amends the Repatriation Act 1920-1960 to modify several provisions related to the administration and benefits of the Repatriation Department. This Act applies to individuals who are members of the Australian Defence Force, their dependants, and other persons or entities involved in the administration of benefits under the Repatriation Act. The scope of the Act encompasses both the geographic and jurisdictional reach of the Commonwealth of Australia, and it includes amendments to pensions, allowances, and the conditions under which certain officers can vacate their positions. Notably, the Act adjusts the rates of pensions and allowances payable to various categories of members and their dependants, and it also modifies the criteria for the disqualification of officers for wilful absence from duty. The amendments apply to all instalments of pensions or allowances due after the Act receives Royal Assent. While the Act itself sets out specific changes, its application may be further defined or extended through subordinate instruments, which are not detailed in the provided text.

Key Provisions

The Repatriation Act 1961, as cited in section 1, amends the Repatriation Act 1920-1960 and introduces new provisions for the administration of benefits and services for ex-service personnel and their dependents. The Act will come into effect on the day it receives Royal Assent, with certain sections, such as those concerning the vacation of office, deemed to have come into operation on a specified date (section 2). The Act modifies the criteria for vacating office due to absence without leave (section 3) and updates the process for determining claims when a claimant dies (section 4). It also revises the pension rates payable to dependants after the death of a service member (section 5) and adjusts the absence without leave threshold for vacating office (section 6). Furthermore, the Act updates the pension rates for members who are permanently unemployable due to service-related disabilities (section 7). The Act imposes several obligations on various parties, including the requirement for appeal processes to be followed when a claimant dies (section 4) and the obligation to adhere to updated pension rates and conditions (sections 5 and 7). It also mandates that any leave granted by the Governor-General to certain officials before the commencement of specific sections of the Act is deemed to be leave granted by the Minister for the purposes of those sections (section 14). In terms of requirements, the Act necessitates that amendments affecting pension and allowance instalments apply from the first pension pay day after the Act receives Royal Assent (section 12). The Repatriation Act 1961 imposes penalties and consequences for breaches of its provisions, although specific penalties are not detailed in the provided text. However, the Act's amendments and updates suggest a formal process for handling non-compliance, which may include administrative or legal actions to enforce the new provisions. The seriousness of non-compliance could potentially lead to civil or criminal consequences, depending on the nature of the breach and the discretion of the relevant authorities. The text does not specify the exact nature of these consequences, but they are implied to be significant enough to warrant legislative amendment and enforcement.

Area of Law: Administrative Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations

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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.

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