SOCIAL SERVICES (No. 2).
No. 98 of 1956.
An Act to amend the Social Services Act 1947-1955, as amended by the Social Services Act 1956, in consequence of the enactment of the Repatriation (Far East Strategic Reserve) Act 1956.
[Assented to 15th November, 1956.]
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 and citation.
1.—(1.) This Act may be cited as the Social Services Act (No. 2) 1956.
(2.) The Social Services Act 1947–1955, as amended by the Social Services Act 1956, is in this Act referred to as the Principal Act.
(3.) Section one of the Social Services Act 1956 is amended by omitting sub-section (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947–1956.
Commencement.
2. This Act shall come into operation on the day on which the Repatriation (Far East Strategic Reserve) Act 1956 comes into operation.
Definitions.
3. Section six of the Principal Act is amended by omitting the definition of “member of the Forces” and inserting in its stead the following definition:—
“‘member of the Forces’ means a person who—
(a) is a member of the Forces for the purposes of any of the provisions of the Repatriation Act 1920–1956 ;
(b) is in receipt of a pension by virtue of section fifty-four of that Act; or
(c) is a member of the Forces for the purposes of the Repatriation (Far East Strategic Reserve) Act 1956;”.
Rate of pension.
4. Section twenty-eight of the Principal Act is amended by adding at the end of sub-section (4.) the words “or under the Repatriation (Far East Strategic Reserve) Act 1956”.
Restrictions as to dual pensions.
5. Section eighty-one of the Principal Act is amended—
(a) by omitting from paragraph (a) the word “or” ; and
(b) by adding at the end thereof the following word and paragraph:—
“; or (c) under the Repatriation (Far East Strategic Reserve) Act 1956 in respect of the death of her husband, including a pension allowed under section eight or nine of that Act in respect of a member of the Forces referred to in whichever of those sections is applicable.”.
Interpretation.
6. Section one hundred and six of the Principal Act is amended by inserting in paragraph (f) of the definition of “income” in sub-section (1.), after the words “(other than a service pension)”, the words “, a pension payable under the Repatriation (Far East Strategic Reserve) Act 1956”.
Certificate by Director-General as to amount of pension to be deducted under certain other laws.
7. Section one hundred and forty-three a of the Principal Act is amended by adding at the end of sub-section (3.) the words “or under the Repatriation (Far East Strategic Reserve) Act 1956”.
Overview
The Social Services Act (No. 2) 1956 was enacted to address the need for amendments to the Social Services Act 1947-1955 due to the introduction of the Repatriation (Far East Strategic Reserve) Act 1956. This Act was enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. It seeks to integrate and streamline the provisions of the Social Services Act 1947-1955 with the new Repatriation Act, ensuring that the definition of a "member of the Forces" and the pension rates are consistent across the various legislative instruments. The objective is to maintain coherence and fairness in the administration of social services and pensions to service personnel and their dependents.
Scope and Application
The Social Services (No. 2) Act 1956 amends the Social Services Act 1947–1955 to integrate provisions from the Repatriation (Far East Strategic Reserve) Act 1956. This Act applies to individuals and entities involved in social services, particularly those who are or were members of the forces, their dependants, and those receiving pensions under the Repatriation Act 1920–1956 or the Repatriation (Far East Strategic Reserve) Act 1956. It operates within the Commonwealth jurisdiction, thereby affecting individuals and entities across Australia. The Act modifies definitions, pension rates, and restrictions on dual pensions, ensuring consistency with the Repatriation (Far East Strategic Reserve) Act 1956. The application of this Act may be extended or restricted through subordinate instruments, aligning with the overarching legislative intent.
Key Provisions
The Social Services (No. 2) Act 1956 amends the Social Services Act 1947–1955, as previously amended by the Social Services Act 1956, primarily in consequence of the enactment of the Repatriation (Far East Strategic Reserve) Act 1956. This Act, referred to as the Social Services Act 1947–1956, comes into operation on the same day as the Repatriation (Far East Strategic Reserve) Act 1956 (s.2). One of the primary amendments is the redefinition of "member of the Forces" to include individuals who are members of the forces under the Repatriation Act 1920–1956, are in receipt of a pension under that Act, or are members of the forces under the Repatriation (Far East Strategic Reserve) Act 1956 (s.3).
The Act also modifies the rate of pension to include those who are entitled under the Repatriation (Far East Strategic Reserve) Act 1956 (s.4). Restrictions on dual pensions are updated to include pensions payable under the Repatriation (Far East Strategic Reserve) Act 1956 (s.5). The definition of "income" is expanded to include pensions payable under the Repatriation (Far East Strategic Reserve) Act 1956 (s.6). Additionally, the Act mandates that the Director-General's certificate regarding the amount of pension to be deducted must also consider pensions payable under the Repatriation (Far East Strategic Reserve) Act 1956 (s.7).
The obligations imposed by this Act on the relevant parties include ensuring that the pension provisions and definitions are accurately applied to include entitlements under the Repatriation (Far East Strategic Reserve) Act 1956. This involves administrative changes to ensure that the updated definitions and provisions are correctly implemented and that all relevant stakeholders are informed of these changes. The Director-General must issue appropriate certificates reflecting the pension amounts under the new and amended Acts, ensuring that all pension calculations are precise and comply with the updated legislative framework.
Failure to comply with the provisions of this Act may result in various civil or criminal consequences, although the specific penalties are not detailed within the text. Generally, non-compliance with social service legislation could lead to legal actions, fines, or other penalties as prescribed by relevant laws. For instance, inaccurate certification or failure to adhere to the pension provisions might result in administrative penalties, while more severe breaches could potentially lead to criminal charges. However, the exact penalties are not specified within the Act and would be determined by the relevant judicial or administrative authorities.