WAR SERVICE HOMES.
No. 1 of 1941.
An Act to amend section four of the War Service Homes Act 1918–1937.
[Assented to 4th April, 1941.]
[Date of commencement, 2nd May, 1941.]
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 and citation.
1.—(1.) This Act may be cited as the War Service Homes Act 1941.
(2.) The War Service Homes Act 1918–1937, as amended by this Act, may be cited as the War Service Homes Act 1918–1941.
Definitions.
2. Section four of the War Service Homes Act 1918–1937 is amended—
(a) by inserting in the definition of “Australian Soldier”, after the word “fourteen”, the “words” or during the continuance of the war which commenced in the year One thousand nine hundred and thirty-nine;
(b) by omitting from paragraph (a) of that definition the words “or Military”, and inserting in their stead the words “, Military or Air”;
(c) by omitting paragraph (b) of that definition and inserting in its stead the following paragraph:—
“(b) was a member of any nursing service maintained by the Commonwealth in connexion with the Defence Force of the Commonwealth or any part thereof accepted or appointed for service outside Australia; or”;
(d) by omitting from paragraph (c) of that definition the words “or Military”, and inserting in their stead the words “, Military or Air”;
(e) by omitting from paragraph (d) of that definition the words “the Army Medical Corps Nursing Service” and inserting in their stead the words any nursing service maintained by the Government of “any part of the King’s Dominions in connexion with the Naval, Military or Air Forces of that part”;
(f) by inserting in paragraph (d) of the definition of “Eligible person”, after the word “who”, the words “, during the continuance of the war which commenced in the year One thousand nine hundred and fourteen,”;
(g) by omitting from that paragraph the word “or” (second occurring);
(h) by inserting after paragraph (e) of the definition of “Eligible person” the following word and paragraph:—
“or (f) during the continuance of the war which commenced in the year One thousand nine hundred and thirty-nine, was employed under agreement as master, officer or seaman, or under indenture as apprentice, in sea-going services on any ship engaged in trading between a port of a State or Territory of the Commonwealth and any port other than a port of a State or Territory of the Commonwealth, and who was during such employment domiciled in Australia,”;
(i) by omitting from the definition of “Eligible person” the word and symbol “or (e)” (second occurring), and inserting in their stead the word and symbols “, (e) or (f)”; and
(j) by omitting from paragraph (a) of the definition of “Female dependant” the word and symbol “or (e)”, and inserting in their stead the word and symbols “, (e) or (f)”.
Overview
The War Service Homes Act 1941 was enacted to address the evolving needs of veterans and their families by amending the existing War Service Homes Act 1918–1937. This Act was introduced to expand the eligibility criteria for war service homes to include additional categories of service personnel and their dependants, particularly those involved in the Second World War, which began in 1939. Enacted by the Parliament of Australia, the policy objective of the Act was to provide adequate housing solutions for a broader range of veterans, ensuring they received the support necessary for their service and sacrifices. By updating the definitions and eligibility criteria, the Act aimed to encompass the changing dynamics of military service and the associated needs of those who served during both World Wars.
Scope and Application
The War Service Homes Act 1941 amends the War Service Homes Act 1918–1937 to extend the eligibility criteria for certain benefits related to war service. The Act applies to individuals who have served as Australian soldiers during the war that commenced in 1939, as well as those who were members of any nursing service maintained by the Commonwealth or any part of the King’s Dominions in connection with the Defence Force, Naval, Military or Air Forces, and those who were employed in sea-going services on ships trading between ports within and outside the Commonwealth during the same war period. This legislation targets a broad range of service personnel, including those who were previously excluded from certain benefits, by expanding the definitions of "Australian Soldier" and "Eligible person". The Act operates nationally across the Commonwealth of Australia, with its provisions applying to all states and territories within the jurisdiction. There are no stated exclusions or exemptions in the Act itself, but it is possible that further details and operational guidelines are provided in subordinate instruments or regulations.
Key Provisions
The War Service Homes Act 1941 makes significant amendments to the War Service Homes Act 1918–1937, expanding the eligibility criteria for individuals to qualify for housing under the Act. Section two of the 1941 Act modifies the definition of "Australian Soldier" (section 4 of the 1918–1937 Act) to include those who served or were accepted for service during the war that began in 1939, as well as members of any nursing service maintained by the Commonwealth or any part of the King's Dominions. It also extends the definition of "Eligible person" to include those who were employed in sea-going services during the 1939 war and were domiciled in Australia at the time. Additionally, it modifies the definition of "Female dependant" to align with the new criteria for "Eligible person".
The amended Act imposes obligations on the relevant authorities to administer the housing provisions in accordance with the updated eligibility criteria. It requires these authorities to assess applications for housing from individuals who meet the new definitions and to provide suitable accommodation to those who qualify. The Act also mandates that the authorities ensure that the housing provided is of a standard that meets the needs of the eligible persons and their dependants.
Failure to comply with the provisions of the Act may result in legal consequences. While the Act does not explicitly outline specific offences or penalties, breaches of the Act could potentially lead to legal action for non-compliance, including the possibility of fines or other penalties as prescribed by relevant laws. The maximum penalties would depend on the specific nature of the breach and the applicable legislation at the time of enforcement.