STATUTORY RULES.
1919. No. 293.
REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918–1919.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Service Homes Act 1918–1919, to come into operation forthwith.
Dated this twentieth day of December, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. D. MILLEN,
Minister of State for Repatriation.
Amendment of War Service Homes Regulations 1919.
(Statutory Rules 1919, No. 177, as amended by Statutory Rules 1919, Nos. 191 and 265.)
1. Regulation 6 of the “War Service Homes Regulations is amended:—
(a) by inserting, after the words “Deputy Commissioner” (first occurring) the words “or such other person as the Commissioner may authorize”; and
(b) by inserting, after the words “Deputy Commissioner” (second occurring) the words “or the person so authorized.”
2. Regulation 7 (1) of the War Service Homes Regulations is amended by omitting the words “of a Deputy Commissioner.”
3. Regulation 17 of the War Service Homes Regulations is repealed and the following regulation inserted in its stead:—
“17 (1) Where the Commissioner effects repairs in pursuance of sub-section (2) of section 31 of the Act the expenses thereby incurred together with interest at the same annual rate as that which is payable on the purchase money shall be repayable by the purchaser over a period not exceeding three years in weekly, fortnightly, or monthly instalments as the Commissioner determines.
(2) The Commissioner shall estimate the cost of the repairs prior to the repairs being effected, and shall notify the estimated cost to the purchaser.
(3) Any failure by the Commissioner to notify the estimated cost of repairs to the purchaser or any notification of an estimated cost which is lower than the actual cost shall not relieve the purchaser from his liability to repay the expenses incurred in effecting the repairs, and the interest.”
4. Regulation 18 of the War Service Homes Regulations is repealed.
5. Regulation 19 of the War Service Homes Regulations is repealed and the following regulation inserted in its stead:—
“19. For the purposes of section 38 of the Act the other prescribed risks shall be lightning, flood, and tempest.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The War Service Homes Regulations 1919, as amended, were introduced under the War Service Homes Act 1918–1919 to provide comprehensive guidelines for the administration of service homes for returned soldiers. Enacted by the Governor-General in Council, these regulations aimed to address the immediate post-war housing needs of soldiers and their families, ensuring that they had suitable living conditions. The regulations were designed to facilitate repairs, establish payment terms for such repairs, and outline the risks that the government would cover under the scheme. This legislative instrument was intended to provide a structured approach to the management and maintenance of service homes, ensuring that they met the needs of returning service personnel and their families.
Scope and Application
The Regulations under the War Service Homes Act 1918–1919, as amended by Statutory Rules 1919 Nos. 177, 191, and 265, apply to the administration and implementation of war service homes provisions in the Commonwealth of Australia. These regulations specifically govern the activities of the Commissioner and authorised personnel, including the Deputy Commissioner or any other authorised individual, in relation to the execution and oversight of repairs to war service homes. The regulations also establish financial obligations for purchasers of such homes, stipulating that expenses for repairs, along with interest, must be repaid in instalments over a period not exceeding three years. The regulations further clarify that the Commissioner must estimate and notify the purchaser of the expected repair costs prior to the execution of repairs, with any failure to do so not absolving the purchaser of their financial responsibilities. Additionally, these regulations address the prescribed risks for which the Commonwealth is liable, namely lightning, flood, and tempest. This legislative instrument applies nationally across the Commonwealth, establishing a clear framework for the administration of war service homes and associated financial obligations within Australia.
Key Provisions
The War Service Homes Regulations 1919, as amended by Statutory Rules 1919, Nos. 177, 191, and 265, introduce several changes to the original regulations. Regulation 6 now allows the Commissioner or an authorised person to act in certain capacities, instead of solely the Deputy Commissioner. Regulation 7(1) removes the requirement of a Deputy Commissioner's involvement in certain actions, streamlining the process. Regulation 17 has been replaced to specify that the expenses incurred for repairs, together with interest, are repayable by the purchaser over a period not exceeding three years in instalments set by the Commissioner. Prior to repairs, the Commissioner must estimate and notify the purchaser of the cost, and any underestimation does not absolve the purchaser from their financial obligations. Regulation 18 has been repealed entirely, removing any previous provisions it contained. Regulation 19 has been updated to include lightning, flood, and tempest as additional prescribed risks under section 38 of the Act.
The amended regulations impose several obligations on the parties involved. The Commissioner, or an authorised person, must now estimate and notify the purchaser of the cost of any repairs before they are carried out. This notification must include the total expenses and interest, ensuring transparency and accountability. Purchasers are obligated to repay the repair costs and interest in the specified instalments. The failure to notify the purchaser of the estimated cost or providing an underestimation does not relieve the purchaser from their financial obligations, thus emphasising the need for accurate estimation and communication by the Commissioner.
Violations of the provisions set out in the amended regulations can lead to civil consequences. For example, failure by the Commissioner to notify the estimated cost of repairs to the purchaser, or providing an estimated cost that is lower than the actual cost, does not exempt the purchaser from their liability to repay the expenses. This creates a strict liability regime, ensuring that purchasers are held accountable for their commitments regardless of any shortcomings in the Commissioner's estimation process. While the regulations do not specify criminal penalties, non-compliance with these provisions could potentially lead to legal actions or disputes between the parties involved.