War Pensions Act 1914

Legislation au C1914A00034 Not in force Act

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WAR PENSIONS.

 

No. 34 of 1914.

An Act to provide for the grant of Pensions upon the death or incapacity of Members of the Defence Force of the Commonwealth and Members of the Imperial Reserve Forces resident in Australia, whose death or incapacity results from their employment in connexion with warlike operations.

[Assented to 21st December, 1914.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the War Pensions Act 1914.

Definitions.

2. In this Act, unless the contrary intention appears—

“Child” means any dependant under the age of sixteen years, being a son, daughter, step-son, step-daughter, or adopted child of a member of the Forces;


“Dependants” means such of the members of the family of a member of the Forces, whose death or incapacity results from his employment in connexion with warlike operations, as were wholly or in part dependent upon his earnings at the time of his death, or who would, but for such incapacity, have been so dependent, and includes parents who though not dependent upon the earnings of the member at the time of his death are, at any time within five years after such death, without adequate means of support; and where the member—

(a) being the parent or grandparent of an ex-nuptial child, leaves the child so dependent upon his earnings, or

(b) being an ex-nuptial child, leaves a parent or grandparent so dependent upon his earnings,

includes such an ex-nuptial child and parent or grandparent respectively;

“Incapacity” includes incapacity of a member of the Forces arising from disease, not due to the default of the member, contracted by him while employed on active service;

“Instalment” means an instalment of a pension;

“Member of the Forces” means a member of the Commonwealth Naval or Military Forces enlisted or appointed for or employed on active service outside Australia or employed on a ship of war;

“Member of a family” means wife, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, stepdaughter, brother, sister, half-brother, half-sister, adopted child, or mother-in-law;

“Minister” means the Treasurer of the Commonwealth;

“Other dependants” means dependants of a member of the Forces other than his wife (or widow) and children;

“Pension” means a pension under this Act;

“The Pensions Board” means the Pensions Board appointed in pursuance of this Act;

“The rate of pay of the member” means the rate of pay received by the member of the Forces as a member at the time of the occurrence of the casualty or the contraction of the disease which resulted in his death or incapacity, and includes such allowances as are prescribed by the regulations under this Act;

“This Act” includes all regulations made thereunder.

Pensions upon…

Overview

The War Pensions Act 1914 was enacted by the Commonwealth Parliament to provide for the grant of pensions upon the death or incapacity of members of the Defence Force of the Commonwealth and members of the Imperial Reserve Forces resident in Australia, whose death or incapacity results from their employment in connection with warlike operations. The Act was designed to address the need for financial support for those affected by war, providing pensions to the dependants of members of the forces who died or became incapacitated as a result of their service. The policy objective of the Act was to ensure that those who had served their country and suffered as a result of their service received appropriate compensation and support. The Act established a Pensions Board to assess claims and determine the rates of pensions to be paid. The Pensions Board was also responsible for reviewing assessments and determinations, and its decisions were subject to the approval of the Minister. The rates of pensions were set out in a Schedule to the Act, with the maximum rate of pension payable to any one dependant of a member not exceeding the amount specified in the Schedule opposite to the rate of pay of the member. The Act also provided for the payment of lump sums in certain cases, and made it an offence to obtain a pension or instalment which was not payable, or to obtain payment by means of false or misleading statements.

Scope and Application

The War Pensions Act 1914 applies to members of the Defence Force of the Commonwealth and members of the Imperial Reserve Forces who were resident in Australia, whose death or incapacity results from their employment in connection with warlike operations. The Act extends its provisions to soldiers of the Imperial Reserve Forces who were bona fide residents in Australia at the commencement of the present state of war, provided they meet the residency requirement. The Act is applicable nationally across Australia, under the Commonwealth jurisdiction. It includes provisions for the appointment of a Pensions Board to assess claims and determine pension rates, subject to the approval of the Minister. The Act also includes detailed provisions for the rates of pensions payable to the dependants of deceased or incapacitated members, with specific provisions for lump sum payments in cases of partial incapacity. The Act provides for the absolute inalienability of pensions and outlines penalties for offences related to the fraudulent acquisition of pensions. Additionally, the Act extends to British reservists who were bona fide residents in Australia but excludes those who do not meet this residency criterion. The Governor-General has the power to make regulations to give effect to the Act.

Key Provisions

  • The War Pensions Act 1914 (sections 3, 8, 9, 10, and 12) provides for the grant of pensions upon the death or incapacity of members of the Defence Force of the Commonwealth and members of the Imperial Reserve Forces residing in Australia, whose death or incapacity results from their employment in connection with warlike operations. The Act mandates that the Commonwealth shall pay pensions to the member or their dependants. The pension rates are specified in the Act and are based on the member's rate of pay at the time of their death or incapacity. Pensions can also be paid as a lump sum in cases where the pension rate is less than 30% of the total incapacity pension rate. These pensions are payable only during the widowhood in case of the death of a member and cease upon the widow's remarriage. The pensions are subject to approval by the Governor-General and are payable from moneys appropriated by Parliament.
  • The Act imposes several obligations on the parties it governs. Claimants must lodge their claims within specific timeframes, such as within six months of the public notification of the member's death or within six months after the termination of the member's appointment or discharge in cases of incapacity (section 3). The Pensions Board, constituted under section 4, is responsible for determining the eligibility for pensions, assessing the rates of pensions, and reviewing assessments or determinations when necessary. The Pensions Board's decisions are subject to the approval of the Minister (section 6). Additionally, the Act requires that any person who obtains a pension or instalment that is not payable, or who makes a false statement to obtain a pension, commits an offence (section 14).
  • Breaches of the Act can result in both civil and criminal consequences. Under section 14, any person who obtains a pension or instalment that is not payable, who obtains payment by means of a false or misleading statement, or who presents a false statement or document to the Minister or the Pensions Board, is guilty of an offence. The penalties for such offences include a fine of up to one hundred pounds or imprisonment for up to one year. Failure to comply with the Act's requirements, such as not appearing before the Pensions Board or refusing to be sworn or to produce documents, also carries penalties of up to fifty pounds (section 5).

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Area of Law
Social Security Law
Military Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Licensing & Registration
Enforcement Powers
Regulatory Standards

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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.