Repatriation Regulations (Amendment)

Overview

The Repatriation Act 1920-1960 was enacted to provide for the rehabilitation, resettlement, and care of returned service personnel, and to address the needs of their families. The Act was introduced to fill the gap in support for veterans and their dependents, ensuring that they received necessary medical care, financial assistance, and other benefits. Statutory Rules 1961, No. 74, issued under the authority of the Repatriation Act, aim to refine and update the existing Repatriation Regulations to better meet the evolving needs of the veteran community. These Regulations were made by the Deputy of the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, and they came into operation on 29 September 1960. The policy objective of these amendments is to ensure that the benefits provided under the Act are accessible and appropriately tailored to the current circumstances of veterans and their families.

Scope and Application

The Repatriation Regulations 1961, made under the Repatriation Act 1920-1960, apply to members of the Australian Defence Force, their families, and certain other individuals who are eligible for war pensions or service pensions. These regulations extend to all states and territories within Australia, establishing a national standard for the provision of medical treatment and allowances related to war service. The regulations clarify definitions, such as the inclusion of various types of children in the definition of "child," and specify conditions under which medical treatment for non-war-related diseases can be provided. Additionally, the regulations adjust financial allowances for certain widows and extend provisions to include children of women members of the forces, subject to certain conditions. The regulations also amend provisions to ensure that benefits are available to dependent children in specific circumstances, such as the incapacity or absence of the child's father. These amendments and clarifications aim to ensure that the provisions of the Repatriation Act are effectively and fairly implemented across Australia.

Key Provisions

The Repatriation Regulations, 1961, amend the existing Repatriation Regulations under the Repatriation Act 1920-1960 to update certain definitions and provisions, particularly those relating to the eligibility of family members for benefits and the conditions under which medical treatment can be provided. Regulation 1 amends the definition of "child" in relation to a member, specifying that a child must be under the age of sixteen years and must be the son, daughter, step-son, step-daughter, adopted child, or ex-nuptial child of the member, but excluding an ex-nuptial child born more than nine months after the termination of the member's war service unless the member has adopted the child. Regulation 2 modifies the conditions under which medical treatment can be provided for diseases or disabling conditions not due to war service, allowing treatment for members receiving certain types of war pensions, individuals covered by specific sections of the Act, or persons receiving a service pension. Regulation 3 increases the allowance for certain widows from five pounds ten shillings to six pounds. Regulation 4 extends certain provisions to members who served between 1914 and 1918, removing the exclusion of step-children and adopted children who became dependents after 1 July 1931. Regulation 5 amends the regulations to include children of female members, specifying that references to a member's child also include a woman member's child who is under the age of sixteen years and is her son, daughter, step-son, step-daughter, adopted child, or ex-nuptial child, excluding an ex-nuptial child born more than nine months after the termination of her war service unless she has adopted the child. It also sets conditions under which assistance or benefits can be provided to children of female members, such as the death or incapacity of the child's father or step-father, and the child's dependency on the member. These regulations impose obligations on the Repatriation Commission and the relevant beneficiaries to ensure compliance with the updated definitions and conditions for eligibility for benefits and medical treatment. Beneficiaries must meet the specified criteria to qualify for allowances or medical treatment, and the Commission must determine the conditions under which such benefits and treatment are provided. The regulations also require that certain provisions are extended to include specific categories of family members, such as step-children and adopted children of members who served between 1914 and 1918, and children of female members under particular conditions. There are no explicit offences, penalties, or civil or criminal consequences outlined in the regulations for breach of the provisions. However, failure to comply with the regulations or providing false information to the Repatriation Commission could potentially lead to legal consequences under the broader Repatriation Act 1920-1960 or other relevant legislation. Penalties for such offences would typically be determined by the courts, taking into account the severity and intent of the breach.