War Service Homes Regulations (Amendment)

Overview

The War Service Homes Act 1918-1920 was enacted by the Australian Parliament to provide for the establishment of homes for returned service personnel and their families. The Act aimed to address the housing needs of ex-servicemen and their families by providing financial assistance and support for the construction of homes. This legislation was a response to the housing crisis that arose after World War I, as many soldiers returned home without adequate housing. The War Service Homes Regulations 1919, as amended, provide further details on the implementation of the Act, including the process for insuring the properties constructed under the Act. The policy objective of the Act is to ensure that returned service personnel and their families have access to adequate housing and financial support to rebuild their lives after serving their country.

Scope and Application

The War Service Homes Regulations, as amended, apply to the insurance of properties for the benefit of the War Service Homes Commissioner and the assured individual, as specified in the prescribed form. These regulations implement provisions of the War Service Homes Act 1918-20, providing a structured framework for insuring properties against specified perils such as fire, lightning, flood, and tempest. The regulations stipulate the method of calculating insurance amounts, the premiums payable, and the conditions under which the insurance can be varied or cancelled. Notably, the insurance does not cover the first £5 of any claim for damage by flood or tempest and excludes certain damages by tempest to the interior of a dwelling-house unless caused by a breach in the structure. Additionally, water tanks are not insured against flood or tempest, and the presence of explosive or dangerously inflammable substances on the property is prohibited without written consent from the Commissioner. The regulations extend to the entire Commonwealth of Australia, with premiums payable at designated locations as indicated in the prescribed form. Any changes in the use of the property or adjoining properties must be promptly reported to the Commissioner, and the property must not be insured elsewhere in contravention of the Act.

Key Provisions

The key provisions of the War Service Homes Act 1918-20, as evidenced in the Statutory Rules 1923 No. 80, revolve around the issuance of a Certificate of Insurance No. 1 for war service homes. Section 1 of the document states that the War Service Homes Commissioner has insured specified properties against fire, lightning, flood, and tempest. The insurance is for the benefit of both the War Service Homes Commissioner and the Assured, who is mentioned in Column 1 of the attached Schedule. The amount of insurance is stipulated in Column 6, with the first premium payable immediately as shown in Column 2. Annual premiums are due each year on 30th April, as indicated in Column 4, and are payable to the Deputy Commissioner for War Service Homes at the location specified in Column 5. The obligations under the Act include the requirement for the Assured to give notice in writing to the Deputy Commissioner for War Service Homes if the property is destroyed or damaged (section 6). Additionally, if there is a change in the purpose for which the property or any adjoining property is occupied, the Assured must notify the Commissioner in writing (section 14). The properties must not be insured or kept insured outside the terms of the Act and its amendments (section 15). The Commissioner has the right to withdraw, cancel, vary, or amend the insurance and all related matters at any time (section 8). The Act also sets forth specific exclusions and limitations to the insurance coverage. For instance, the Commissioner is not responsible for the first £5 of any claim caused by flood or tempest (section 10). Claims for damage by tempest to the interior of a dwelling-house are only allowed if the damage was due to a breach caused by the tempest (section 11). Furthermore, water tanks are not insured against damage by flood or tempest (section 12), and no explosive or dangerously inflammable substances are permitted on the property without written consent from the Commissioner (section 13).