Repatriation (Special Overseas Service) Act 1968

Overview

The Repatriation (Special Overseas Service) Act 1968 was enacted to address issues related to the payment of service pensions and the extension of special service periods for members of the Naval, Military or Air Forces who return to Australia under specific circumstances. This Act, assented to on 31 October 1968, amends the Repatriation (Special Overseas Service) Act 1962–1966 to ensure that certain periods of service in Australia are deemed as being outside Australia for the purposes of defining special service. The policy objective of this Act is to provide clarity and consistency in the application of repatriation benefits, ensuring that members of the armed forces and their families receive appropriate support and recognition for their service, including when they return to Australia for reasons such as rest and recuperation, compassionate leave, duty, or medical treatment.

Scope and Application

The Repatriation (Special Overseas Service) Act 1968 applies to members of the Naval, Military, or Air Forces who are serving on special service and their dependants, extending the provisions of the Repatriation Act to cover these individuals in relation to special service rather than traditional war service. The Act is applicable to any member of the Forces who returns to Australia under certain conditions, such as for rest and recuperation, emergency or compassionate leave, duty, or medical treatment. The legislation extends the interpretation of special service to include periods of up to fourteen days in Australia following such returns. The Act is a Commonwealth statute and thus has a national jurisdictional reach, impacting all members of the forces and their families across Australia. The Act also makes specific amendments to the Principal Act, ensuring that references to war service and theatre of war are aligned with the context of special service, thereby extending certain benefits and protections to these service members and their dependants.

Key Provisions

The Repatriation (Special Overseas Service) Act 1968 amends the Repatriation (Special Overseas Service) Act 1962–1966 by making several key changes. Section 3 introduces a new sub-section to the definition of 'special service', which includes periods of service in Australia for members of the Naval, Military, or Air Forces who return for specific reasons, such as rest and recuperation, emergency or compassionate leave, duty, or medical treatment. These periods are considered as being outside Australia for the purpose of defining 'special service'. Section 4 amends the Principal Act by modifying the scope of its provisions. Specifically, it removes certain references to sections of the Principal Act and replaces them with new sub-sections that extend the application of the Repatriation Act to members of the Forces, their wives, and their children. This amendment ensures that the benefits and provisions outlined in the Repatriation Act are applicable to these groups. Under the amended Act, members of the Forces, their wives, and their children are now covered by the provisions of the Repatriation Act. This extension includes benefits related to incapacity or death of the member, with specific references to dependants being those defined under section 83 of the Repatriation Act. Additionally, references to 'war service' and 'service in a theatre of war' are now interpreted as 'special service' and'service on special service', respectively. The Act also clarifies that pensions under section 6 of the Principal Act are considered to be pensions under Division 1 of Part III of the Repatriation Act. The Act does not explicitly state any new offences or penalties for breaches of its provisions. However, the amendments are designed to clarify and extend the application of existing provisions under the Repatriation Act. Therefore, any breach of the provisions of the Repatriation Act, as now extended by this Act, would be subject to the existing penalties and consequences under the Repatriation Act. These could include fines, imprisonment, or other civil or criminal penalties as stipulated in the Repatriation Act. The exact penalties would depend on the specific breach and the relevant sections of the Repatriation Act being contravened.