Repatriation Regulations (Amendment)

Legislation au C1977L00167 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 167

REGULATIONS UNDER THE REPATRIATION ACT 1920*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920.

Dated this twenty-second day of September 1977.

JOHN R. KERR

Governor-General

By His Excellency’s Command,

R. V. GARLAND

Minister of State for Veterans’ Affairs

__________

AMENDMENTS OF THE REPATRIATION REGULATIONS†

Commencement

1. These Regulations shall come into operation on 1 October 1977.

Parts

2. Regulation 4 of the Repatriation Regulations is repealed.

Interpretation

3. Regulation 5 of the Repatriation Regulations is amended—

(a) by omitting the definition of “ Deputy Commissioner ” and substituting the following definition:

“ ‘ Deputy Commissioner ’ means a person for the time being performing the duties of Deputy Commissioner in the Department and, in relation to a State, means the Deputy Commissioner for that State;”; and

(b) by omitting the definitions of “ the Act ” and “ the Department ” and substituting the following definition:

“ ‘ the Act ’ means the Repatriation Act 1920;”.

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* Notified in the Commonwealth of Australia Gazette on 29 September 1977.

† Statutory Rules 1943, No. 233 as amended by Statutory Rules 1945, No. 48; 1946, No. 182; 1947, Nos. 72, 106, 149 and 169; 1948, Nos. 38, 43, 80, 135 and 137; 1950, No. 96; 1951, Nos. 7 and 58; 1952, Nos. 7, 88 and 101; 1953, No. 6; 1956, Nos. 32, 73 and 101; 1958, No. 22; 1960, Nos. 56 and 60; 1961, Nos. 74 and 139; 1962, No. 93; 1963, Nos. 57 and 104; 1965, No. 124; 1966, Nos. 65 and 168; 1967, No. 150; 1968, No. 122; 1969, No. 178; 1970, No. 150; 1972, Nos. 180 and 186; 1973. Nos. 25, 151 and 282; 1974, No. 57; and 1975, No. 93.

Claim for service pension to be in accordance with approved form

4. Regulations 10 and 11 of the Repatriation Regulations are repealed and the following regulation is substituted:

“ 10. (1) A claim for a service pension—

(a) shall be in accordance with the approved form; and

(b) shall be accompanied by such evidence available to the person making the claim as the person considers may support the claim.

“ (2) A claim for a service pension shall be forwarded to the Secretary at the appropriate address prescribed by paragraph 123ac (1) (a) of the Act or regulation 13.

Appropriate address

5. Regulation 13 of the Repatriation Regulations is repealed and the following regulations are substituted:

“ 13. (1) In this regulation, ‘ related Act ’ means—

(a) the Interim Forces Benefits Act 1947;

(b) the Repatriation (Far East Strategic Reserve) Act 1956; or

“ (2) For the purposes of paragraph 123ac (1) (b) of the Act or for the purposes of a related Act, the appropriate address to which a person who resides in a place referred to in column 2 of the following table in an item in the table may forward a claim, application, notification or other document to the Secretary is the address, or any address, of the Department in the Australian Capital Territory or the address referred to in column 3 of the table in that item:

Column 1	Column 2	Column 3
Item	Place of residence	Appropriate address
1.	An overseas country other than Eire, Fiji, New Zealand or Papua New Guinea	The office of an Australian Consular Officer or Australian Diplomatic Officer, as defined by the Consular Fees Act 1955, exercising his functions in relation to the place in which the person resides
2.	Eire..................	The Australian High Commission, London, United Kingdom
3.	Fiji...................	The Secretary, War Pensions Board, The Treasury, Suva, Fiji
4.	New Zealand............	The Director-General, Department of Social Welfare Wellington, New Zealand
5.	Papua New Guinea........	Department of Veterans’ Affairs, Brisbane, Queensland, Australia
6.	Australian Capital Territory	Department of Veterans’ Affairs, Sydney, New South Wales
7.	Jervis Bay Territory........	Department of Veterans’ Affairs, Sydney, New South Wales
3.	Norfolk Island...........	Department of Veterans’ Affairs, Sydney, New South Wales
9.	Northern Territory.........	Department of Veterans’ Affairs, Adelaide, South Australia
10.	Territory of Christmas Island	Department of Veterans’ Affairs, Perth, Western Australia
11.	Territory of Cocos (Keeling) Islands	Department of Veterans’ Affairs, Perth, Western Australia

Action on receipt of claims

“ 13a. Where a claim is lodged with the Department, a Deputy Commissioner shall cause the date on which it was lodged to be recorded on the claim.

Date of claim for pension for member or dependant—claim made by member or his representative

“ 13b. Where—

(a) a claim for pension for a member, being a claim that is not in accordance with sub-section 24aa (1) of the Act or sub-regulation 10 (1), is lodged in writing at the appropriate address prescribed by paragraph 123ac (1) (a) of the Act or regulation 13; and

(b) a claim for the pension, or for a pension for a dependant of the member, being a claim that is in accordance with subsection 24aa (1) of the Act or sub-regulation 10 (1), is made by the member or the legal personal representative of the member, or, if there is no legal personal representative of the member, the person approved by the Commission under section 24a of the Act as the representative of the member, and is so lodged not later than 3 months after the date on which the claim referred to in paragraph (a) was lodged,

the claim referred to in paragraph (b) shall, for the purposes of the Act, be regarded as having been lodged on the date on which the claim referred to in paragraph (a) was lodged.

Date of claim for pension for dependant—claim made by or on behalf of dependant

“ 13c. Where—

(a) a claim for pension for a dependant, being a claim that is not in accordance with sub-section 24aa (1) of the Act or sub-regulation 10 (1), is lodged in writing at the appropriate address prescribed by paragraph 123ac (1) (a) of the Act or regulation 13; and

(b) a claim for the pension, being a claim that is in accordance with sub-section 24aa (1) of the Act or sub-regulation 10 (1), is made by or on behalf of the dependant and is so lodged not later than 3 months after the date on which the claim referred to in paragraph (a) was lodged,

the claim referred to in paragraph (b) shall, for the purposes of the Act, be regarded as having been lodged on the date on which the claim referred to in paragraph (a) was lodged.”.

Overview

Statutory Rules 1977 No. 167, titled "Regulations under the Repatriation Act 1920," was enacted to amend the Repatriation Regulations to address the need for updated definitions and streamlined processes in accordance with the legislative framework established by the Repatriation Act 1920. The Regulations were made by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and came into effect on 1 October 1977. The primary objective of these Regulations was to ensure that the procedures for lodging claims for service pensions are clear and consistent with the requirements of the Act. The Regulations updated the definitions of key terms, specified the approved form for claims, and outlined the appropriate addresses for submitting claims to streamline the process for applicants residing in various locations, including overseas countries and Australian territories.

Scope and Application

The Repatriation Regulations 1977, made under the Repatriation Act 1920, apply to claims for service pensions, which must now be submitted in accordance with an approved form. This requirement affects all individuals or their representatives lodging a claim for a service pension, whether they reside in Australia or overseas. The Regulations provide specific instructions on where to submit claims based on the claimant's location, including various Australian territories and overseas countries, with designated addresses for submission. The Regulations also specify how the date of claim is recorded and how subsequent related claims are treated in terms of timing and validity. These Regulations govern the procedural aspects of making claims for pensions under the Act and related legislation, and they do not exclude any categories of claimants or claims based on the content or nature of the claim itself. The scope of the Regulations can be extended or further defined by additional subordinate instruments as necessary.

Key Provisions

The Repatriation Regulations 1977, which are amendments to the existing Repatriation Regulations, introduce specific requirements for claims related to service pensions. Regulation 10 outlines that claims for a service pension must adhere to an approved form and be supported by any available evidence that the claimant deems relevant (reg 10(1)). These claims should be sent to the Secretary at an address designated by section 123ac(1)(a) of the Act or regulation 13 (reg 10(2)). Regulation 13 further details the appropriate addresses to which claims, applications, notifications, or other documents should be forwarded, depending on the claimant's place of residence (reg 13). The Regulations impose clear obligations on claimants to ensure that their claims for service pensions are made in accordance with the approved form and are accompanied by supporting evidence (reg 10(1)). Additionally, claimants must direct their claims to the correct address, as specified in regulation 13, which lists the various addresses based on the claimant's place of residence (reg 13). The Regulations do not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with the requirements. However, the adherence to these provisions is crucial for the validity and timely processing of pension claims. Failure to comply with the stipulated requirements could potentially result in delays or rejections of claims, which could affect the claimant's eligibility for benefits under the Repatriation Act 1920.

Area of Law: Veterans' Affairs
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Reporting & Disclosure Obligations; Transitional Provisions

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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