{"id":"C2004A02301","name":"War Graves Act 1980","slug":"war-graves-act-1980","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"100 of 1980","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7698,"registerId":"commonwealth-C2004A02301-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the War Graves Act 1980.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Director means the Director of War Graves.\n\n> Secretary means the Secretary of the Department.\n\n  (2) A reference in this Act to war graves shall be read as including a reference to all graves, cemeteries and memorials in respect of which the Department has responsibilities.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Director of War Graves","content":"#### 3 Director of War Graves\n\n  There shall be a Director of War Graves.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Functions of Director","content":"#### 4 Functions of Director\n\n  The Director shall, under the Secretary, administer, on behalf of the Department, both in and outside Australia, matters relating to the responsibilities of the Department in respect of war graves.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Appointment of Director","content":"#### 5 Appointment of Director\n\n  (1) The Director shall be appointed by the Governor‑General.\n  (2) Subject to this Act, the Director holds office for such period, not exceeding 3 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.\n  (4) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Remuneration and allowances of Director","content":"#### 6 Remuneration and allowances of Director\n\n  (1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.\n  (2) The Director shall be paid such allowances as are prescribed.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Leave of absence of Director","content":"#### 7 Leave of absence of Director\n\n  (1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.\n  (2) The Minister may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Resignation of Director","content":"#### 8 Resignation of Director\n\n  The Director may resign his or her office by writing signed by him or her and delivered to the Governor‑General.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Termination of office of Director","content":"#### 9 Termination of office of Director\n\n  (1) The Governor‑General may terminate the appointment of the Director for misbehaviour or physical or mental incapacity.\n  (2) If the Director:\n    (a) engages in paid employment outside the duties of his or her office without the approval of the Minister;\n    (b) is absent from duty except on leave of absence for 14 consecutive days or for 28 days in any 12 months; or\n    (c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;\n  the Governor‑General shall terminate his or her appointment.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Acting Director","content":"#### 10 Acting Director\n\n  The Minister may appoint a person to act as Director:\n    (a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or\n    (b) during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any reason, unable to perform the functions of his or her office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Staff","content":"#### 12 Staff\n\n  The staff necessary to assist the Director shall be officers of, or performing duties in, the Department or employees employed in the Department.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Annual Report","content":"#### 13 Annual Report\n\n  (1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the operations of the Department in relation to war graves during the 12 months ending on that date.\n  (2) The Minister shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by him or her.","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"#### 14 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not indicate a change from its apparent original purpose: it establishes and defines the office, responsibilities and administrative framework for managing war graves and related memorials (ss.2–4,12–13). No provisions expand or contract the defined subject matter beyond those duties; operational detail is delegated to Departmental practice and regulations."},"complexity_factors":["Narrow subject matter: establishes a single statutory office with administrative duties limited to war graves and related memorials (s.2, s.4).","Executive appointment and termination regime concentrated in Governor‑General and Minister, with limited statutory procedures (s.5, s.9, s.10).","Remuneration and leave tied to external body (Remuneration Tribunal) and to Ministerial discretion, creating dependency on other instruments (s.6, s.7).","Administrative dependencies: staff are ordinary Department officers (s.12) and reporting flows through the Secretary to Parliament (s.13), so practical operation relies on Departmental processes.","Cross‑jurisdictional reach: functions extend outside Australia but no procedural detail is provided for overseas operations (s.4).","Minimal regulatory detail: power to make regulations is broad but standard; substantive decision‑making rules and operational standards are left to the Department or regulations (s.14).","Interplay with other Acts (Remuneration Tribunal Act 1973; Acts Interpretation Act 1901 note) adds minor legal cross‑references that practitioners must check."],"plain_english_summary":"This Act creates the statutory office of Director of War Graves to administer the Department’s responsibilities for war graves, cemeteries and memorials in Australia and overseas. The Director works under the Department Secretary and is supported by Department staff. Appointments, pay and removal are decided by executive bodies (Governor‑General, Minister, Remuneration Tribunal) and the Secretary must provide an annual report to Parliament, so the Act sets out the administrative, remuneration and reporting rules that govern management of war‑grave responsibilities (ss.2–13)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its original intent — establishing and regulating the office of Director of War Graves. The broad definition of 'war graves' in section 2(2) (extending to all graves, cemeteries and memorials for which the Department has responsibilities) is the only notable interpretive stretch, but this is explicitly stated in the text rather than representing scope creep."},"complexity_factors":["Very short Act with limited provisions","Largely standard public service appointment boilerplate","Minimal substantive legal obligations — mostly administrative/structural","Cross-references to only two other Acts (Remuneration Tribunal Act 1973 and Acts Interpretation Act 1901), both well-established","No complex definitions, offences, penalties, or multi-party legal relationships"],"plain_english_summary":"The War Graves Act 1980 creates the statutory office of Director of War Graves to provide a clear, accountable authority for managing Australia’s war graves, cemeteries and memorials at home and overseas. It primarily governs an administrative government role and reporting, ensuring Australia can meet its domestic and international obligations to maintain the dignity and upkeep of service personnel’s burial sites."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing and regulating the office of Director of War Graves. The scope has not expanded beyond administrative machinery for war graves management."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Director' and 'Secretary')","Straightforward administrative structure with no nested conditions or exceptions","No cross-references to other legislation except a single note about the Acts Interpretation Act 1901 and the Remuneration Tribunal Act 1973","Linear structure: appointment → functions → termination → reporting","Missing section 11 (appears to be a numbering gap, possibly repealed or never enacted)","Minimal conditional logic - mostly straightforward 'if X then Y' provisions without layering"],"plain_english_summary":"This law creates a government position called the **Director of War Graves** to look after military cemeteries and memorials, both in Australia and overseas.\n\n**What it does:**\n- Establishes the Director of War Graves as a statutory office (meaning the position is created by Parliament, not just by the government of the day)\n- Sets out how the Director is appointed (by the Governor-General), how long they serve (up to 3 years, with possible reappointment), and how they can be removed from office\n- Gives the Director the job of managing war graves, cemeteries and memorials that the Department of Veterans' Affairs (or its predecessor) is responsible for\n- Specifies that the Director works under the Secretary of the Department\n- Covers practical matters like pay (set by the Remuneration Tribunal), leave, and who acts as Director when the position is vacant\n- Requires the Secretary to prepare an annual report to Parliament about war graves operations\n\n**Who it affects:**\n- The Director of War Graves and their staff\n- The Department (now Veterans' Affairs) which provides staff to support the Director\n- Families of deceased service personnel and the public who visit or maintain an interest in war cemeteries and memorials\n\n**Why it matters:**\nAustralia has war graves and memorials across the world (from Gallipoli to Papua New Guinea to France). This law ensures there is a dedicated, accountable official responsible for maintaining these sites with dignity and respect, and ensures Parliament is kept informed about this work each year."}},"importantCases":[],"_links":{"self":"/api/acts/war-graves-act-1980","history":"/api/acts/war-graves-act-1980/history","analysis":"/api/acts/war-graves-act-1980/analysis","conflicts":"/api/acts/war-graves-act-1980/conflicts","importantCases":"/api/acts/war-graves-act-1980/important-cases","documents":"/api/acts/war-graves-act-1980/documents"}}