War Service Homes Regulations (Amendment)

Overview

The Statutory Rules 1921, No. 191, titled Regulations under the War Service Homes Act 1918-1920, were enacted to provide detailed provisions and amendments to the War Service Homes Regulations 1919, aimed at better managing the War Service Homes Insurance Trust Account. The War Service Homes Act 1918-1920 itself was designed to provide housing for returned servicemen and their families, addressing the immediate post-war housing needs. The regulations were made by the Governor-General in Council, under the authority of the Act, and came into operation forthwith. The policy objective of these regulations was to ensure that the insurance trust account was used judiciously and effectively, particularly concerning claims related to natural disasters such as lightning, floods, and tempests, while also delineating the responsibilities of purchasers or borrowers in relation to property maintenance and insurance.

Scope and Application

The War Service Homes Regulations 1921, made under the War Service Homes Act 1918-1920, apply to various entities and individuals involved in the insurance and purchase of property, particularly in relation to war service homes. These regulations govern the circumstances under which property can be deemed damaged by events such as lightning, flood, or tempest, and the responsibilities of the insured party in preventing or mitigating such damage. Specifically, they outline the conditions under which water tanks and certain outbuildings cannot be insured against flood or tempest for the benefit of a purchaser or borrower, and the circumstances under which the purchaser or borrower may be required to contribute towards making good damage or loss. These regulations are applicable nationally within the Commonwealth of Australia and are enforced by the Commissioner who has the authority to refuse to draw from the War Service Homes Insurance Trust Account under certain conditions. The application of these regulations can be extended or restricted through subordinate instruments, allowing for amendments and additions to the original statutory rules.

Key Provisions

The War Service Homes Regulations, amended in 1921, introduce several key provisions under the War Service Homes Act 1918-1920. Regulation 43(2) specifies that for the purposes of this Part, property is only considered damaged by lightning if it is struck by lightning, and it excludes damage from flood or tempest if the damage results from the omission of reasonable precautions or from the property not being in good order and repair (Regulation 43(2)(a) and (b)). Regulation 43(2)(c) further stipulates that a dwelling-house is not considered damaged by tempest unless there is a breach made by the tempest. Regulation 48a prohibits the insurance of water tanks for the benefit of a purchaser or borrower against flood or tempest, and also prohibits the insurance of certain outbuildings specified by the Commissioner against any prescribed risk. Regulation 55a sets out the conditions under which the Commissioner may refuse to draw from the War Service Homes Insurance Trust Account for damage or loss from flood or tempest, and may require the purchaser or borrower to make good the damage or loss if it does not exceed five pounds in value. If the damage or loss exceeds five pounds, the Commissioner may draw an amount not exceeding the necessary amount to make good the damage or loss less five pounds, and may require the purchaser or borrower to make good the loss up to the amount of five pounds. The obligations imposed by these Regulations include the requirement for property owners to take reasonable precautions to safeguard building materials from damage and to maintain their dwellings, particularly the roofs, drains, and spouting, in good order and repair to prevent damage from flood or tempest. The Regulations also impose obligations on purchasers and borrowers to comply with the requirements of the Commissioner regarding the making good of damage or loss from flood or tempest. The Commissioner has the authority to exercise powers conferred by section 31 of the Act if a purchaser or borrower fails to comply with the requirements of the Regulations. There are no explicit offences, penalties, or civil/criminal consequences for breach stated in the Regulations. However, the Commissioner has the authority to exercise powers under section 31 of the Act if a purchaser or borrower fails to comply with the requirements of the Regulations. The specific consequences of non-compliance would depend on the powers conferred by section 31 of the Act, which may include enforcement actions, fines, or other penalties as prescribed by the Act.