STATUTORY RULES.
1915. No. 244.
PROVISIONAL REGULATION AMENDING THE REGULATIONS UNDER THE WAR PENSIONS ACT 1914-1915.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulation amending the Regulations under the War Pensions Act 1914-1915 should come into immediate operation and make the amendment to come into operation forthwith as a Provisional Regulation.
Dated this fifteenth day of December, One thousand nine hundred and fifteen.
R.M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. G. HIGGS,
Treasurer.
Regulation 20 (1) to be amended by the addition at the words “or a commissioned officer of the Australian Military Forces.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.17035.—Price 3d.
Overview
The Provisional Regulation Amending the Regulations under the War Pensions Act 1914-1915, enacted in 1915, was introduced to address urgent amendments to the existing regulations pertaining to war pensions. This legislative instrument was issued under the authority of the Governor-General in Council, reflecting the urgent need to provide immediate support to affected individuals during the First World War. The primary policy objective was to ensure that the provisions of the War Pensions Act could be swiftly adapted to meet the evolving needs of those who had served and were in need of financial assistance due to war-related injuries or circumstances. The regulation was intended to provide a temporary measure to ensure that the benefits and protections afforded under the Act were effectively and promptly delivered to the beneficiaries.
Scope and Application
The Provisional Regulation Amending the Regulations under the War Pensions Act 1914-1915 applies to provisions concerning individuals who have served as commissioned officers within the Australian Military Forces, effectively extending eligibility criteria for war pensions to these officers. The regulation has a national scope, operating across the Commonwealth of Australia and impacting all states and territories uniformly. The regulation is designed to address the need for immediate amendments to the existing pension regulations, underscoring the urgency of the situation during wartime. Although the regulation itself does not explicitly state exclusions or exemptions, its application is inherently limited to those who meet the specific criteria of service as a commissioned officer under the Act. The Provisional Regulation is intended to come into immediate effect, reflecting the pressing nature of the amendments needed during the war period. Subordinate instruments may further refine the application and scope of the regulation, but such extensions or restrictions are not detailed in the statutory rule itself.
Key Provisions
The Provisional Regulation amending the Regulations under the War Pensions Act 1914-1915 introduces specific changes to the existing framework governing war pensions. Regulation 20(1) is amended by adding the phrase "or a commissioned officer of the Australian Military Forces," which broadens the scope of the Act to include commissioned officers in the eligibility criteria for war pensions (Regulation 20(1)). This amendment ensures that commissioned officers who have served and are now in need of financial support due to their service are included in the pension provisions.
The obligations imposed by this Provisional Regulation primarily focus on ensuring that the amended Regulations under the War Pensions Act 1915 are applied correctly and comprehensively. The Act now requires that commissioned officers of the Australian Military Forces be considered alongside other eligible military personnel when assessing their entitlement to war pensions. This includes ensuring that their service records are reviewed, their disabilities assessed, and any necessary documentation is provided to substantiate their claims. The Department of Veterans' Affairs, responsible for administering these pensions, must implement these changes without delay to maintain consistency and fairness in pension distribution.
Failure to comply with the requirements of this Provisional Regulation can lead to various civil and administrative consequences. For instance, if commissioned officers are not included in the pension assessment process due to oversight or non-compliance, this could result in their claims being denied or delayed. Furthermore, any deliberate or negligent failure to apply the amended provisions correctly could be subject to review and corrective action by relevant authorities. While specific penalties are not detailed within the text, the consequences of such oversights may include financial restitution for affected individuals and administrative penalties for the responsible parties.
In summary, the key provisions of this Provisional Regulation ensure that commissioned officers of the Australian Military Forces are included in the eligibility for war pensions, thereby expanding the scope of the War Pensions Act 1914-1915. The obligations require the Department of Veterans' Affairs to accurately and fairly apply these provisions. Non-compliance with these provisions can lead to civil and administrative consequences, although specific penalties are not explicitly outlined in the text.