War Service Homes Regulations (Amendment)

Administered by Department of Veterans' Affairs

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STATUTORY RULES

1969 No.

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REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1968.*

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 1918-1968.

Dated this tenth day of October, 1969.

Paul Hasluck

Governor-General.

By His Excellency's Command,

Minister of State for Housing.

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Amendments of the War Service Homes Regulations†

Prescribe insurance risks.

1. Regulation 19 of the War Service Homes Regulations is amended—

(a) by adding at the end of paragraph (b) the words " including acts of a lawfully constituted authority in suppressing a riot, civil commotion, strike or labour disturbance ";

(b) by omitting from paragraph (d) the word " water " (wherever occurring) ;

(d) by omitting paragraph (f) and inserting in its stead the following paragraphs:—

" (f) impact of road vehicles, horses and cattle not belonging to, or under the control of, the assured or the occupier of the dwelling-house or a member of the family of the assured or that occupier;

" (g) impact of aircraft or missiles (including parts of, and objects falling from, aircraft or missiles) ;

" (h) sonic boom, that is to say, shock waves created when an aircraft or missile travels at a supersonic speed;

" (i) impact of a tree or a part of a tree; and

" (j) leakage of oil from an oil heater, being a heater that is only capable of being operated from the place where it is installed.".

Interpretation.

2. Regulation 45 of the War Service Homes Regulations is amended by omitting paragraphs (g) and (h) of sub-regulation (2.) and inserting in their stead the following paragraphs:—

" (g) property shall not be deemed to be damaged by a prescribed risk if the damage is caused by or arises out of war, invasion, act of foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped power;

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* Notified in the Commonwealth Gazette on 1969.

† Statutory Rules 1936, No. 74, as amended by Statutory Rules 1945, No. 202; 1946, No. 66; 1947, No. 93; 1949, Nos. 13 and 29; 1951, No. 16; 1956, No. 17; 1957, Nos. 18 and 54; 1962, No. 42 and 1964, No. 55.

14718/69—Price 5c 10/22.9.1969

" (ga) damage by tempest to a blind or awning affixed to the exterior of a dwelling-house, being a blind or awning made of a textile material, shall not be deemed to be damage to the dwelling-house caused by tempest;

" (gb) a dwelling-house shall not be deemed to be damaged by the impact of a tree or a part of a tree if the tree, or the tree from which the part was derived, is or was growing on the parcel of land on which the dwelling-house is erected and the impact is caused by, or is a consequence of, the felling or lopping of the tree;

" (gc) property shall not be deemed to be damaged by a leakage of oil from an oil heater where the damage is caused by defective vaporization or by smoke or smudge from the heater;

" (gd) damage to an oil heater as a result of a leakage of oil from the oil heater shall not be deemed to be damage to the dwelling-house caused by the leakage of oil;

" (ge) damage to a boiler, tank, pipe or associated apparatus caused by the bursting, leaking or overflowing of the boiler, tank, pipe or associated apparatus, as the case may be, shall not be deemed to be damage to the dwelling-house caused by the bursting, leaking or overflowing of the boiler, tank, pipe or associated apparatus;

" (h) property shall not be deemed to be damaged by the bursting, leaking or overflowing of boilers, tanks, pipes or associated apparatus where the applicant has failed to keep the same in good working order and repair; and ".

Determination of amount of insurance and premium.

3. Regulation 50 of the War Service Homes Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

" (1.) The Director shall, from time to time, determine—

(a) the amount for which any property shall or may be insured in pursuance of the Act, being an amount equal to the sum of—

(i) the amount determined by the Director to be the insurable value of the property; and

(ii) the amount determined by the Director to be the rental value of the property; and

(b) the amount of the premium payable for the insurance."; and

(b) by adding at the end thereof the following sub-regulation:—

" (3.) In this regulation, ' rental value ', in relation to property, means the amount of rent that might be expected to be offered for a lease of the property for a period of twelve months, it being assumed that a lease was offered on such reasonable terms and conditions as a bona fide lessor would require.".

Determination of amount of insurance.

4. Regulation 51 of the War Service Homes Regulations is repealed.

Amendments in relation to decimal currency.

5. The War Service Homes Regulations are amended as set out in the Schedule to these Regulations.

THE SCHEDULE Regulation 5.

AMENDMENTS IN RELATION TO DECIMAL CURRENCY

Provisions amended	Omit—.	Insert—
Regulation 12.............	Three pounds fifteen shillings	Three dollars seventy-five cents
Regulation 61 (1.)..........	Two pounds	Four dollars
Regulation 61 (2.)..........	exceeds Two pounds	exceeds Four dollars
Regulation 61 (2.)..........	less Two pounds	less Four dollars
Regulation 61 (2.)..........	extent of Two pounds	extent of Four dollars
Regulation 61 (4.) (a)........	Two pounds	Four dollars
Regulation 61 (4.) (b)........	Two pounds	Four dollars
The Schedule-.............
Form A...............	£	$

Printed for the Government of the Commonwealth by W. G. Murray at the
Government Printing Office, Canberra

Overview

The War Service Homes Regulations 1969, made under the War Service Homes Act 1918-1968, were introduced to amend the existing regulations governing insurance coverage for war service homes. Enacted by the Governor-General, Paul Hasluck, acting on the advice of the Federal Executive Council, these regulations aimed to update the coverage to include new risks such as impacts from road vehicles, aircraft, sonic booms, trees, and oil heater leaks. They also excluded certain types of damage caused by war, natural disasters, and maintenance failures from being covered under the insurance policy. The policy objective of these amendments was to ensure that the insurance coverage remained relevant and adequate in the face of evolving risks and changing societal conditions. The regulations also incorporated changes in currency to align with the decimal currency system introduced in Australia.

Scope and Application

The War Service Homes Regulations 1969, made under the War Service Homes Act 1918-1968, apply to insurance risks and the determination of insurance amounts and premiums for dwellings provided for war service personnel. These regulations apply to the Commonwealth of Australia and cover various types of damage to the insured property, including acts of lawfully constituted authorities, impacts from vehicles, aircraft, and trees, and leakages from oil heaters. However, the regulations exclude certain damages, such as those resulting from war, acts of a foreign enemy, and damage caused by the insured party's failure to maintain property in good order. The regulations also specify the method for determining the insurable and rental values of property, and adjustments are made to reflect decimal currency changes. The application and scope of these regulations can be further extended or restricted through subordinate instruments as deemed necessary.

Key Provisions

The War Service Homes Regulations, 1969, as amended, establish several key provisions related to the insurance of war service homes. Regulation 19, for instance, adds and removes various exclusions to the types of damage covered by insurance, including acts by authorities in suppressing riots, and the impact of certain external forces such as road vehicles, aircraft, and natural elements like trees. Regulation 45 clarifies what types of damage are not considered insured events, such as damage caused by war or tempest to specific parts of a dwelling. Additionally, Regulation 50 is amended to redefine how the Director determines the amount for which property can be insured, focusing on both the insurable value and the rental value of the property. These regulations impose specific obligations on the parties involved, particularly the Director of War Service Homes, who is tasked with determining the amount for which any property should be insured and the premium payable for such insurance. The Director must also ensure that the insurance policies exclude certain types of damage as specified in the regulations. The insured parties, such as the war service home owners, must ensure that their properties are kept in good condition and that they are aware of the exclusions in their insurance policies. Failure to comply with the provisions of these regulations can result in civil or criminal consequences. For example, if a property owner knowingly makes a false claim for damage not covered under the insurance policy, they could face penalties. Similarly, the Director, in their role of overseeing the insurance policies, must ensure that all provisions of the regulations are adhered to, and any breaches could result in administrative penalties or other legal actions. The specific penalties for breaches are not detailed within the text of the regulations themselves but would typically be outlined in the primary Act under which these regulations are made.

Area of Law: Insurance Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Offence Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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