WAR SERVICE HOMES (No. 2).
No. 93 of 1962.
An Act to amend section four of the War Service Homes Act 1918-1961, as amended by the War Service Homes Act 1962, in consequence of the enactment of the Repatriation (Special Overseas Service) Act 1962.
[Assented to 14th December, 1962.]
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 War Service Homes Act (No. 2) 1962.
(2.) The War Service Homes Act 1918-1961, as amended by the War Service Homes Act 1962, is in this Act referred to as the Principal Act.
(3.) Section one of the War Service Homes Act 1962 is amended by omitting sub-section (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the War Service Homes Act 1918-1962.
Commencement.
2. This Act shall come into operation on the day on which the Repatriation (Special Overseas Service) Act 1962 comes into operation.
Interpretation.
3. Section four of the Principal Act is amended—
(a) by adding after paragraph (f) of the definition of “Australian Soldier” in sub-section (1.) the words “, and includes a person who is a member of the Forces for the purposes of the Repatriation (Special Overseas Service) Act 1962;”;
(b) by inserting in paragraph (d) of sub-section (2.), after the words “Repatriation (Far East Strategic Reserve) Act 1956”, the words “and before the commencement of the Repatriation (Special Overseas Service) Act 1962”; and
(c) by adding at the end thereof the following sub-section:—
“(3.) Where, in the case of a person, being a female, who is a member of the Forces for the purposes of the Repatriation (Special Overseas Service) Act 1962, the whole or any part of the service by reason of which she is such a member was service as a member of a nursing service, she shall, for the purposes of sub-section (1a.) of section nineteen, or of sub-section (2.) of section twenty, of this Act be deemed to be a person included in paragraph (b) of the definition of ‘Australian soldier’ in section four of this Act.”.
Overview
The War Service Homes Act (No. 2) 1962 was enacted to address a legislative gap created by the introduction of the Repatriation (Special Overseas Service) Act 1962. This legislation amends the War Service Homes Act 1918-1961 to ensure consistency and alignment with the new repatriation provisions. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act specifically modifies the definition of "Australian Soldier" to include members of the Forces under the new Repatriation Act, thereby extending eligibility for war service homes to these individuals. The policy objective is to provide comprehensive support to all eligible veterans, ensuring that they receive the benefits and services they are entitled to under the updated legislative framework.
Scope and Application
The War Service Homes Act (No. 2) 1962 applies to persons who are or were members of the Australian Forces, including those covered under the Repatriation (Special Overseas Service) Act 1962. Specifically, it amends the definition of "Australian Soldier" to include individuals who are members of the Forces for the purposes of the Repatriation (Special Overseas Service) Act 1962 and extends this to females who served in nursing services. The Act modifies the eligibility criteria for war service homes by ensuring that these individuals are considered under the provisions of the War Service Homes Act 1918-1962. The jurisdictional reach of this Act is national, operating within the Commonwealth of Australia, and it is enacted to align with the broader legislative framework concerning war service benefits and repatriation. The Act does not specify any exclusions or exemptions but operates under the overarching conditions set by the Principal Act and the Repatriation (Special Overseas Service) Act 1962. Subordinate instruments may further define the application of these provisions as required.
Key Provisions
The War Service Homes Act (No. 2) 1962 primarily amends the War Service Homes Act 1918-1961 to account for the enactment of the Repatriation (Special Overseas Service) Act 1962. Section three of the Act modifies the definition of "Australian Soldier" in the Principal Act to include individuals who are members of the Forces for the purposes of the Repatriation (Special Overseas Service) Act 1962. Additionally, it adjusts the time frame within which a member of the Forces must have served before the commencement of the Repatriation (Special Overseas Service) Act 1962. Furthermore, it specifies that a female member of the Forces who served in a nursing service, as defined in the Repatriation (Special Overseas Service) Act 1962, will be considered under the definitions of "Australian Soldier" for certain provisions of the Act.
The Act imposes specific obligations on the parties it governs. It requires that the definition of "Australian Soldier" be updated to include those members of the Forces as defined by the Repatriation (Special Overseas Service) Act 1962, ensuring that these individuals are eligible for benefits under the War Service Homes Act 1918-1962. It also mandates that the service period for these individuals must fall within the specified time frame to be eligible for certain provisions.
There are no explicit offences or penalties outlined in the text of the Act regarding breaches of its provisions. However, failure to comply with the amended definitions and eligibility criteria could potentially lead to disputes over entitlement to benefits or services provided under the War Service Homes Act 1918-1962. Any such disputes would likely be resolved through the existing legal mechanisms within the Act or through the courts, although specific penalties for non-compliance are not detailed in the provided text.