Repatriation Act 1965

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Repatriation

No. 64 of 1965

An Act to amend the Repatriation Act 1920–1964.

[Assented to 6 October, 1965]

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 1965.

(2.) The Repatriation Act 1920–1964 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 1920–1965.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

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

3. Section 45 of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Where a member of the Forces has died or dies, after the termination of his war service, from causes other than the result of an occurrence that happened during his war service and a pension—

(a) was being paid, or was payable, to a dependant of the member under this Division immediately before the death of the member; or

(b) would have been payable to a dependant of the member under this Division immediately before the death of the member if—

(i) in a case where a claim for pension had been lodged by the dependant, but had not been determined, before the death of the member— it had been so determined;

(ii) in a case where a claim for pension had not been lodged by the dependant before the death of the member—a claim for pension had been lodged by the dependant, and had been determined, before the death of the member; or

(iii) in a case where the dependant is a posthumous child of the member—the dependant had been born, and a claim for pension had been lodged by him, and had been determined, before the death of the member,

the dependant is entitled to receive that pension.”.

Right of appellant to appear.

4. Section 72 of the Principal Act is amended by inserting after sub-section (4a.) the following sub-section:—

“(4b.) Where the Commission appeals to an Appeal Tribunal under sub-section (9.) of section sixty-four of this Act, sub-sections (1.) and (3.) of this section, and the regulations made by virtue of sub-section (4.) of this section, apply in respect of the appeal as if the person who made the claim to which the appeal relates were the appellant in relation to the appeal.”.

Deceased or mentally afflicted person.

5. Section 79 of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) If an appellant dies or becomes mentally afflicted after lodging an appeal to an Appeal Tribunal or an Assessment Appeal Tribunal, or after submitting further evidence to the Commission under sub-section (7.) of section sixty-four of this Act in relation to a claim for pension, the appeal may be continued, or the claim may be pursued and any subsequent appeal may be made, as the case may be, by a person approved by the Appeal Tribunal, the Assessment Appeal Tribunal or the Commission, as the case may be, as a proper representative of the appellant, and the approved person has, for the purposes of the appeal or of the claim and any subsequent appeal, all the rights of the appellant.”.

Definitions.

6. Section 83 of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (b) of the definition of “Child” in sub-section (1.) the words “eighteen years” and inserting in their stead the words “twenty-one years”; and

(b) by omitting sub-section (2.).

Grant of service pension on account of age.

7. Section 84 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) In the application of section twenty-eight of the Social Services Act 1947–1965 for the purposes of the last preceding sub-section—

(a) the reference in sub-paragraph (iii) of paragraph (a) of sub-section (1a.) of that section to a service pension under this Act shall be read as not including a reference to a service pension that is payable to the wife of a member of the Forces by reason of her being his wife; and

(b) a child of a member of the Forces shall be deemed to be in the custody, care and control of the member.

Pension in respect of a member permanently unemployable, &c.

8. Section 85 of the Principal Act is amended—

(a) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) A pension under this section shall not be granted to the wife or child of a member of the Forces unless—

(a) a pension under this Division is payable to or in respect of the member or the member would, in the opinion of the Commission or a Board, have been granted a pension under this Division but for his death before the determination of an application made by him before his death; and

(b) in the case of the wife of a member of the Forces whose pension is payable, or would have been granted, under the last preceding section—a pension under this section is payable to a child of the member.”; and

(b) by omitting from sub-section (3a.) the word and letter “paragraph (b)” and inserting in their stead the word and letter “ paragraph (a)”.

Variation of rate of service pension according to means.

9. Section 87 of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) A service pension shall not be granted at a rate that exceeds the highest rate at which an age pension could be payable to the service pensioner under Part III. of the Social Services Act 1947–1965 if—

(a) he were qualified to receive an age pension under that Part;

(b) the maximum rate of that age pension fixed by or in accordance with sub-sections (1a.) to (1e.) (inclusive) of section twenty-eight of that Act were a rate equal to the maximum rate at which his service pension could be granted under section eighty-four or section eighty-five of this Act; and

(c) his means as assessed, for the purposes of that Part of that Act, were an amount equal to his means as assessed for the purposes of this Division.”.

Supplementary assistance.

10. Section 98a of the Principal Act is amended—

(a) by omitting sub-sections (1.), (2.), (3.) and (4.) and inserting in their stead the following sub-sections:—

“(1.) This section applies to a person if—

(a) he is a service pensioner;

(b) the amount of his means as assessed is less than Seventy-eight pounds; and

(c) the Commission is satisfied that he requires supplementary assistance by reason that he pays rent and is entirely or substantially dependent on his pension.

“(2.) Subject to this section, there is payable to a person to whom this section applies, in addition to his service pension, an allowance by way of supplementary assistance.

“(3.) The rate at which an allowance under this section is payable to a person is—

(a) where the amount of his means as assessed is Twenty-six pounds or less—Fifty-two pounds per annum; or

(b) in any other case—an amount per annum equal to the amount by which Seventy-eight pounds exceeds the amount of his means as assessed.

“(4.) An allowance under this section is payable from a date determined by the Commission, which may be a date before the date of the determination.

“(4a.) An allowance under this section is not payable—

(a) to a married person in relation to whose income sub-section (2.) of section eighty-seven of this Act applies if the husband or wife of that person is in receipt of a service pension (other than a service pension granted to a person by reason of being a wife), an age pension or invalid pension under Part III. of the Social Services Act 1947–1965 or an allowance under section nine of the Tuberculosis Act 1948; or

(b) to a child of a member of the Forces.”;

(b) by omitting sub-section (7.); and

(c) by omitting from sub-section (9.) the words “a pension or allowance” and inserting in their stead the words “an age pension or invalid pension”.

Regulations.

11. Section 124 of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1.) the words “eighteen years” and inserting in their stead the words “twenty-one years”; and

(b) by omitting paragraph (h) of sub-section (1.) and inserting in its stead the following paragraph:—

“(h) by way of payment of funeral expenses in respect of—

(i) deceased members of the Forces;

(ii) deceased children of members of the Forces;

(iii) deceased spouses of members of the Forces;

(iv) deceased dependants (as defined by the regulations) of members of the Forces;

(v) deceased persons who, at the time of their death, were persons to whom section forty-two of this Act applied;

(vi) deceased persons who, at the time of their death, were persons specified in section one hundred and twenty of this Act; and

(vii) deceased spouses and deceased children of persons specified in section one hundred and twenty of this Act.”.

First Schedule.

12. The First Schedule to the Principal Act is amended by adding at the end thereof the following paragraph:—

“6. Where the incapacity of a member of the Forces is such that he is unable to earn a living wage by reason that he is unable to engage in a remunerative occupation except on a part-time basis or intermittently, the amount specified in relation to him in Column 4 of the scale in this Schedule shall be deemed to be Twenty pounds five shillings.”.

Fifth Schedule.

13. The Fifth Schedule to the Principal Act is amended by adding at the end thereof the following paragraph:—

“6. Where the total amount per fortnight of pension payable under this Act to a member of the Forces referred to in paragraph 6 of the First Schedule to this Act would, but for this paragraph, by reason of the payment to him in accordance with this Schedule of an amount per fortnight specified in column 2 of the table in paragraph 1 of this Schedule, exceed the amount per fortnight set out in the Second Schedule to this Act as the Rate for Special Pensions, the amount per fortnight payable to him under this Schedule shall be reduced by the amount of the excess.”.

Application of amendments.

14. In so far as an amendment made by this Act affects instalments of pensions or allowances, the amendment applies in relation to an instalment of a pension or an allowance, as the case may be, falling due on the first pension pay day after the commencement of this Act and to all subsequent instalments.

Overview

The Repatriation Act 1965 was enacted to amend the Repatriation Act 1920–1964, addressing various issues related to pensions and benefits for service members and their dependants. The Act was introduced to provide clearer provisions regarding the payment of pensions to dependants after the death of a service member, the continuation of appeals by proper representatives in cases where the appellant is deceased or mentally afflicted, and the eligibility of children for pensions. The policy objective, as outlined in the text, was to ensure that dependants continue to receive their entitled pensions and that appeals could be managed effectively even in the event of the appellant's incapacity or death. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and came into effect upon receiving Royal Assent.

Scope and Application

The Repatriation Act 1965 amends the Repatriation Act 1920–1964 and applies to individuals and entities involved in the administration of benefits and pensions for members of the Australian Defence Force and their dependants. The Act is of national reach, applying throughout the Commonwealth of Australia. The legislation provides for the continuation of pensions to dependants of deceased members who died after the cessation of their war service, provided the member was receiving or would have been entitled to receive a pension at the time of their death. It also extends the right of appeal to dependants and allows for the continuation of appeals by approved representatives if the appellant becomes deceased or mentally afflicted. The Act revises the age at which a child is considered dependent for pension purposes, from eighteen to twenty-one years, and modifies the conditions under which supplementary assistance is granted to service pensioners. The Act includes provisions for the payment of funeral expenses for members of the Forces, their children, spouses, and certain dependants. The Act allows for further specification of its provisions through subordinate legislation, enabling the Government to adapt the application of the Act to changing circumstances and needs.

Key Provisions

The Repatriation Act 1965 amends the Repatriation Act 1920–1964, introducing several changes to the pension and benefit provisions for members of the Forces and their dependants. Section 3 modifies the conditions under which a pension may be paid to the dependants of a member who dies after the cessation of their war service but from causes unrelated to their service. It specifies that a pension can be paid if it was already being paid or would have been payable had certain conditions been met (subsection 1). Section 4 allows an appellant to appear before an Appeal Tribunal if the Commission appeals a decision, treating the original claimant as the appellant (subsection 4b). Section 5 allows for an appeal to continue or be pursued by an approved representative if the appellant dies or becomes mentally afflicted after lodging an appeal or submitting evidence (subsection 1). Additionally, section 7 redefines the term "Child" to mean a person under twenty-one years of age (subsection 6(a)) and removes subsection 2 of section 83. Section 8 modifies the conditions for granting a pension to the wife or child of a member, requiring that a pension be payable to or granted to the member and, in the case of a wife, that a pension is also payable to a child of the member (subsection 3). Section 9 stipulates that a service pension must not exceed the highest rate of an age pension under the Social Services Act 1947–1965, considering the service pensioner's means (subsection 1). Section 10 revises the supplementary assistance provisions, setting new conditions for eligibility and the rate of payment (subsections 1 to 4). Section 11 expands the scope of funeral expenses payable under the Act to include deceased members of the Forces, their children, spouses, and dependants, among others (subsection 11(h)). Finally, the Fifth Schedule includes a provision to adjust the pension amount payable to a member who is unable to earn a living wage due to incapacity, ensuring it does not exceed the special pension rate (paragraph 6). The Act imposes several obligations on the relevant parties, including the requirement for dependants to meet specific conditions to be eligible for a pension (section 3), the allowance for an appellant to appear in an appeal proceeding (section 4), and the need for an approved representative to continue an appeal if the appellant dies or becomes mentally afflicted (section 5). It also mandates that service pensions not exceed the highest rate of an age pension under the Social Services Act 1947–1965, based on the pensioner's means (section 9). Additionally, the Act imposes obligations on the Commission to determine the eligibility for supplementary assistance and to ensure that the provisions regarding funeral expenses and pension adjustments are correctly applied (sections 10 and 11). Breach of the provisions of this Act may lead to various consequences. While the Act does not explicitly state penalties for non-compliance, breaches of related acts, such as the Social Services Act 1947–1965, may incur civil or criminal penalties as prescribed by those acts. For instance, providing false information to obtain benefits may result in fines or imprisonment, depending on the severity of the offence and the specific legislation under which the offence is prosecuted. The Act's focus is primarily on ensuring the correct administration and payment of pensions and benefits to eligible persons, with the penalties for non-compliance being determined by the relevant legislation governing the administration of those benefits.

Area of Law: Veterans' Affairs
Instrument: Amending Act
Concepts: Commencement Provisions; Repeal & Amendment; Transitional Provisions; Pension Provisions; Supplementary Assistance; Regulatory Standards

Interactions

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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