Repatriation (Special Overseas Service) Act 1965

Legislation au C1965A00110 Not in force Act

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Repatriation (Special Overseas Service)

No. 110 of 1965

An Act to extend Eligibility for Benefits under the Repatriation (Special Overseas Service) Act 1962–1964.

[Assented to 18 December, 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 end citation.

1.—(1.) This Act may be cited as the Repatriation (Special Overseas Service) Act 1965.

(2.) The Repatriation (Special Overseas Service) Act 1962–1964 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 (Special Overseas Service) Act 1962–1965.

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.) The amendments made by section 4 of this Act shall be deemed to have come into operation on the twenty-eighth day of May, One thousand nine hundred and sixty-three.

Title.

3. The title of the Principal Act is amended by omitting the words “on Special Service”.

Interpretation.

4. Section 3 of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the definition of “pension”, the following definition:—

“‘port’ includes airport;”;

(b) by omitting from sub-section (1.) the definition of “special service” and inserting in its stead the following definition:—

“‘ special service’, in relation to a person, means service of the person as a member of the Naval, Military or Air Forces during a period comprising—

(a) a period when he is outside Australia and he or his unit is allotted for special duty in a special area; and


(b) if, at the end of that period, he is outside Australia and travels to a place other than the place where he is at the end of that period, being a place to which he or his unit is allotted for duty other than special duty—the period commencing at the end of that period and ending at the time when—

(i) he arrives at that other place;

(ii) he commences a further period of special service; or

(iii) he ceases to be outside Australia,

whichever first occurs;”;

(c) by adding at the end of sub-section (1.) the following definition:—

“‘unit’, in relation to a person, means a body, contingent or detachment of the Naval, Military or Air Forces of which he is a member or to which he is attached.”; and

(d) by inserting after sub-section (1.) the following sub-section:—

“(1a.) For the purposes of the definition of special service ‘ in the last preceding sub-section—

(a) a person who travels from a place in Australia to a place outside Australia shall be deemed to have departed from Australia when he departs from the last port of call in Australia; and

(b) a person who travels to Australia from a place outside Australia shall be deemed to have arrived in Australia when he arrives at the first port of call in Australia.”.

5. After section 7 of the Principal Act the following section is inserted:—

Pensions in relation to service other than special service.

“7a.—(1.) Upon the incapacity or death of a person whose incapacity or death has resulted from an occurrence that happened, other than during a period of special service of the person but when the person was a member of the Naval, Military or Air Forces and in an area outside Australia, as a result of action by hostile forces, the Commonwealth is liable to pay a pension or pensions, in accordance with this Act, in respect of the incapacity or death as if the person had been serving on special service when the occurrence happened and the day on which the occurrence happened were the period of that special service.


“(2.) For the purposes of the last preceding sub-section, an occurrence that happened while a person was engaged in warlike operations against hostile forces in an area outside Australia shall be deemed to have happened as a result of action by hostile forces.

“(3.) In this section, ‘occurrence’, in relation to a person, includes the contracting of a disease by the person but does not include an occurrence that happened before the commencement of this section.”.

Regulations.

6. Section 14 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4.) Regulations under this section may make provision for and in relation to a person referred to in section seven a of this Act, and any children (including step-children, adopted children and ex-nuptial children) or other dependants of the person, as if the person were a member of the Forces for the purposes of this Act.”.

 

Overview

The Repatriation (Special Overseas Service) Act 1965 was enacted by the Parliament of Australia to address a gap in the eligibility criteria for benefits under the Repatriation (Special Overseas Service) Act 1962–1964. This Act aimed to extend the eligibility for benefits to cover service personnel who were outside Australia and became incapacitated or died due to occurrences resulting from hostile actions, even if those occurrences happened outside the designated periods of special service. The overarching policy objective of this legislation was to ensure that service members who were impacted by hostile actions outside of their designated special service periods were still entitled to the same benefits as those who were serving on special service at the time of the incident.

Scope and Application

The Repatriation (Special Overseas Service) Act 1965 amends the Repatriation (Special Overseas Service) Act 1962–1964 to extend the eligibility for benefits to members of the Naval, Military, or Air Forces who suffer incapacity or death from occurrences outside Australia, but not during periods designated as "special service". The Act applies to individuals who, while serving outside Australia, experience an occurrence, including contracting a disease, due to hostile actions or warlike operations, even if such occurrences happen outside designated special service periods. The amended Act redefines "special service" to include periods outside Australia when the service member or their unit is allotted for special duty in a specific area, as well as subsequent travel to other duty locations or return to Australia. This legislation broadens the scope of those eligible for Commonwealth pensions by deeming certain occurrences outside special service periods to be equivalent to special service for the purpose of pension eligibility. Furthermore, the Act allows for regulations to extend provisions to children and other dependants of eligible persons, thereby ensuring that the benefits are extended to the families of those affected.

Key Provisions

The Repatriation (Special Overseas Service) Act 1965 (C1965A00110) extends the eligibility for benefits under the Repatriation (Special Overseas Service) Act 1962–1964, which is referred to as the Principal Act. The Act amends the Principal Act in several key ways, as detailed in the sections that follow. The main operative sections, such as sections 4 and 5, redefine and expand the definitions of terms like "port," "special service," and "unit," while also incorporating new provisions for pensions related to service outside of special service but in areas outside Australia, as detailed in section 7a. The Act imposes specific obligations and requirements on parties governed by it. For example, section 4 amends the interpretation of "special service" to include more detailed criteria, such as when a member of the Naval, Military, or Air Forces is allotted for duty in a special area outside Australia and when they travel to another duty location or return to Australia. Similarly, section 7a requires the Commonwealth to pay pensions for incapacity or death from occurrences outside of special service but within areas outside Australia, treating such occurrences as if they happened during special service. These provisions ensure that those who served in specific conditions receive the benefits they are entitled to under the Act. The Act also establishes consequences for non-compliance with its provisions. Although the specific offences, penalties, or consequences for breaches are not explicitly detailed within the provided sections, it is understood that failure to comply with the provisions of the Act could result in legal repercussions. Typically, breaches of legislative requirements in Australia can lead to civil penalties, criminal charges, or both, depending on the nature and severity of the breach. The maximum penalties would be determined by the specific nature of the breach and would be outlined in other sections or related legislation.

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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.