Repatriation Act 1967

Overview

The Repatriation Act 1967, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, aimed to address the inadequacy of the pension rates provided to children following the death of a member of the forces under the Repatriation Act 1920–1966. The policy objective was to increase the rates of pensions for children to better reflect the living costs and provide adequate support to families who had lost a member of the forces. This Act amended the Third Schedule of the Principal Act to revise the pension rates, ensuring that children of deceased members, particularly those not being maintained by another parent, would receive a more substantial financial benefit. The increased pension rates came into effect from the first pension pay day following the Act's commencement, with the Consolidated Revenue Fund appropriated to cover the additional expenditure resulting from these amendments.

Scope and Application

The Repatriation Act 1967 is an amendment to the Repatriation Act 1920–1966, designed to enhance the rates of pensions payable to children in the event of the death of a member of the forces. This Act applies to children of deceased members of the forces, including ex-nuptial children, and it adjusts the pension rates based on specific circumstances such as the death of both the member and their spouse or the financial dependency of the child. The Act comes into operation immediately upon receiving Royal Assent and applies to pension instalments due after its commencement. Financially, it is supported by appropriations from the Consolidated Revenue Fund to cover the additional expenditure necessitated by the increased pension rates, with a specific appropriation made for expenditures incurred before 30 June 1968. The legislation does not explicitly mention exclusions or exemptions but rather sets out the criteria under which the increased pension rates apply.

Key Provisions

The main provisions of the Repatriation Act 1967 (C1967A00064) are contained in the Third Schedule of the Principal Act, the Repatriation Act 1920–1966. This Act amends the pension rates payable to children in the event of the death of a member of the forces. Specifically, section 3 of the Third Schedule replaces the previous pension rates with new rates. For children where both the member and their spouse are deceased, or where the child is not being maintained by a parent, adoptive parent or step-parent, the new rate is $16.30 per fortnight. For other cases, the first child receives $8.80 per fortnight, and each subsequent child receives $6.50 per fortnight. The application of these new rates begins with the first pension instalment due after the Act's commencement, as detailed in section 4. Additionally, section 5 ensures that the Consolidated Revenue Fund is appropriated to cover the necessary expenditure resulting from this Act, up until 30 June 1968. The obligations imposed by this Act primarily concern the payment of increased pension rates to eligible children. The Repatriation Commission is mandated to ensure that the new pension rates are applied correctly and disbursed as per the specified conditions. This includes verifying the eligibility of the child based on the circumstances of the member’s death and the maintenance status of the child. The Act requires the Commission to review and adjust the pension payments to align with the new rates as outlined in the amended Third Schedule. Breach of the obligations imposed by this Act could result in legal consequences, although the Act itself does not explicitly detail specific offences or penalties for non-compliance. However, failure to adhere to the mandated pension rates and conditions could lead to potential legal actions for non-payment or incorrect payment of pensions, which might result in civil liabilities or administrative penalties. The maximum penalties, if applicable, would be determined by the relevant administrative or judicial processes rather than the Act itself.