War Service Homes Regulations (Amendment)

Overview

The War Service Homes Regulations 1925, made under the War Service Homes Act 1918-1923, were enacted to provide insurance for property owned by returned service personnel against damage by fire, lightning, flood, and tempest. The War Service Homes Act 1918-1923, established to address the housing needs of returned service personnel, is administered by the Governor-General in Council. The policy objective behind these regulations is to ensure that the properties of returned service personnel are adequately protected against natural disasters, thereby supporting their post-war resettlement. The regulations provide for the terms and conditions under which insurance is to be provided, including the premiums payable, the amounts insured, and the exclusions from coverage. These provisions aim to offer a safety net to returned service personnel, allowing them to rebuild and maintain their homes without the undue burden of uninsured losses.

Scope and Application

The War Service Homes Regulations 1925, made under the War Service Homes Act 1918-1923, pertain to the insurance of war service homes against specified perils such as fire, lightning, flood, and tempest. These regulations apply to the properties listed in the schedule of the regulations, providing insurance benefits to both the War Service Homes Commissioner and the individual named as the assured in the insurance certificate. The scope of these regulations is limited to the geographic boundaries of the Commonwealth of Australia and extends to all properties included in the amended schedule. The regulations outline the conditions for insurance, including the commencement date, premium payment schedules, and specific exclusions, such as the first £5 of any claim caused by flood or tempest and the exclusion of water tanks from flood or tempest coverage. The regulations also stipulate that no explosive or dangerously inflammable substances are to be brought onto the property without the Commissioner’s written consent. The Commissioner retains the right to withdraw, cancel, or amend the insurance at any time. These regulations do not specify any exemptions or thresholds, and their application is further detailed through the subordinate instrument provided in the schedule.

Key Provisions

The War Service Homes Regulations, as amended, introduce a new form, Form I/4, which serves as a Certificate of Insurance for properties under the War Service Homes Act 1918-23. This form outlines the details of the insurance policy that the War Service Homes Commissioner has procured for the benefit of the Commissioner and the person listed in the Schedule (Section 1). It specifies the types of damages covered, including fire, lightning, flood, and tempest, and details the amount of insurance, which is determined by the description and value of the insured property (Section 2). The insured party is required to pay an initial premium immediately, followed by annual premiums on the 30th of April each year (Sections 3 and 4). Payments are to be made to the Deputy Commissioner for War Service Homes at the location specified in the Schedule (Section 5). Should the property suffer damage, the insured party must notify the Deputy Commissioner promptly (Section 6). The insurance is subject to various conditions, including restrictions on the use of explosive or dangerously inflammable substances, and the Commissioner’s right to withdraw or amend the policy at any time (Sections 10 and 11). Additionally, any changes in the property's use or any additions, alterations, or improvements must be reported to the Commissioner for potential policy adjustments (Sections 12 and 13). The Act imposes several obligations on the parties involved. The insured party, referred to as the Assured, must ensure that all premiums are paid on time and notify the Commissioner of any damage, changes in the property's use, or any additions, alterations, or improvements (Sections 4, 6, 12, and 13). The Commissioner retains the right to refuse claims under certain circumstances, such as the first £5 of damage caused by flood or tempest, and damage to a dwelling-house interior by tempest unless caused by a breach in the structure (Sections 10 and 11). The Assured is also prohibited from insuring the property through any other means without the Commissioner’s consent (Section 15). Furthermore, the Commissioner can refuse claims if additions, alterations, or improvements to the property are not reported (Section 14). Failure to comply with the requirements of the War Service Homes Regulations can lead to significant consequences. While the Regulations do not explicitly list specific offences or penalties, breaches of the conditions stipulated in the Certificate of Insurance could potentially result in the denial of claims, thereby leaving the insured party without financial protection for the specified damages. Additionally, the Commissioner’s authority to withdraw, cancel, or vary the insurance at any time (Section 8) underscores the importance of adhering to the terms outlined in the Certificate. Any failure to report necessary changes or damages as required by the Regulations could result in the forfeiture of insurance benefits. The absence of explicit penalties in the text suggests that the primary consequence of non-compliance would be the denial of insurance claims, impacting the financial security of the insured party.