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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
Establishes a federal Repatriation Commission with State Repatriation Boards to administer pensions, assistance and cooperative‑business loans for Australian soldiers, their dependants and certain Dominion reservists, and repeals earlier repatriation laws (ss 7, 14, 48, 3, 45). Pensions are paid from Parliamentary appropriations (s 42); the Commission and Boards decide eligibility, rates, reviews and may suspend or forfeit payments and attach conditions to loans, creating administrative discretion and measurable compliance obligations (ss 25–33, 48, 56).
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Direct links to the current provisions in Australian Soldiers’ Repatriation Act 1920.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
AUSTRALIAN SOLDIERS’ REPATRIATION.
No. 6 of 1920.
An Act to make provision for the Repatriation of Australian Soldiers and for other purposes.
[Assented to 19th May, 1920.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
Commencement.
Repeal.
Provided that any right, privilege, obligation, or liability acquired, accrued or incurred under any Act repealed by this Act shall, subject to this Act, continue as if arising under this Act.
Parts.
Part I.—Preliminary.
Part II.—Administration.
Part III.—Pensions.
Part IV.—Assistance and Benefits.
Part V.—Miscellaneous.
Application of Act to Territories.
Definitions.
“Board” means a Repatriation Board appointed under this Act;
“Commission” means the Repatriation Commission appointed under this Act;
“Commissioner” means a member of the Commission;
“Minister” means the Minister of State for Repatriation or the Minister for the time being administering this Act.
Part II.—Administration.
Commission.
7.—(1.) For the purposes of this Act there shall be a Repatriation Commission which shall, subject to the control of the Minister, be charged with the general administration of this Act.
(2.) The Commission shall be a body corporate with perpetual succession and a common seal and capable of suing and being sued.
(3.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice and shall deem that it was duly affixed.
Members of Commission.
8.—(1.) The Commission shall consist of three members who shall be appointed by the Governor-General.
(2.) Any organization representing returned soldiers throughout the Commonwealth, may submit to the Minister a list containing the names of not less than three persons from which the organization recommends that a selection be made of a person to be appointed as one of the Commissioners, and the Governor-General may appoint a person selected from any list so submitted to be one of the Commissioners.
(3.) The Governor-General shall appoint one of the Commissioners to be chairman of the Commission.
(4.) In the case of the illness, or absence from Australia, or suspension of any Commissioner, or in the event of the office of a Commissioner becoming vacant, the Governor-General may appoint a person to act during the illness, absence or suspension, or until the appointment of a Commissioner, as the case may be, and the person so acting shall have all the powers and perform all the duties of a Commissioner.
(5.) At their first meeting in each calendar year the members of the Commission may elect one of their number to be deputy chairman until the first meeting of the Commission in the next calendar year.
(6.) In the absence of the chairman from any meeting, the deputy chairman shall preside.
(7.) At any meeting of the Commission two Commissioners shall form a quorum.
Remuneration of Commissioners.
Term of office of Commissioners.
10.—(1.) Subject to this Act, the members of the Commission first appointed under this Act shall hold office for the term of three years, and shall be eligible for re-appointment.
(2.) Upon the happening of a vacancy in the office of Commissioner, the Governor-General may appoint a person to the vacant office and such person shall, subject to this Act, hold office until the expiration of the term for which his predecessor was appointed:
Provided that any appointment to fill a vacancy in the office of the Commissioner appointed in pursuance of sub-section (2.) of section eight, shall be made upon a recommendation in accordance with that sub-section.
Powers and duties of Commission.
11.—(1.) The Commission may exercise such powers, and shall perform such duties, as are conferred upon it by this Act or as are prescribed.
(2.) Before exercising any power under this Act which involves the expenditure of more than Five thousand pounds, the Commission shall submit its proposal for, and obtain, the approval of the Minister.
(3.) All real and personal property, securities and funds, and all rights of action in respect of any such property, securities and funds, vested, in pursuance of any Act repealed by this Act, in the Minister or in a State Repatriation Board, or in any person on behalf of or in trust for the Minister or any such Board, shall, upon the commencement of this Act, become vested in the Commission subject to the trusts upon which the same are held by the Minister or by that Board or person.
(4.) All the rights of State War Councils in respect of advances made by them under the Australian Soldiers’ Repatriation Fund Act 1916 shall, upon the commencement of this Act, become vested in, and exercisable by, the Commission.
Delegation by Commission.
12.—(1.) The Commission may, by writing under its seal with the approval of the Minister, delegate any of its powers and functions under this Act in relation to any matters or class of matters, or to any particular State or Territory, so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters specified, or the State or Territory defined, in the instrument of delegation.
(2.) Every delegation by the Commission shall be revocable in writing at will, and no delegation shall prevent the exercise of any power by the Commission.
Boards.
13.—(1.) There shall be a Repatriation Board for each State to consist of three members.
(2.) Where the Governor-General notifies by Proclamation that for the purposes of the administration of this Act any portion of a State or Territory is attached to any adjoining State the Board of that adjoining State shall be the Board of the portion so attached.
Appointment of members of Board.
14.—(1.) The Governor-General shall, upon the recommendation of the Commission, as soon as conveniently practicable, appoint in each State three persons to be the members of the Board for that State.
(2.) Any organization representing returned soldiers throughout the Commonwealth, may, in respect of each State, submit to the Commission a list, containing the names of not less than three persons, from which the organization recommends that a selection be made of a person to be appointed as one of the members of the Board for the State in respect of which the list is submitted, and the Governor-General may appoint a person, selected from any list so submitted by the Commission, to be a member of that Board
(3.) On the happening of any vacancy in the office of a member of a Board the Governor-General shall upon the recommendation of the Commission appoint a person to the vacant office and such person shall hold office until the expiration of the term for which his predecessor was appointed:
Provided that any appointment to fill a vacancy in the office of a member appointed on the recommendation specified in the last preceding sub-section, shall be made upon a similar recommendation.
(4.) The Governor-General shall appoint one of the members of a Board to be chairman of the Board.
(5.) In the event of a vacancy occurring in the office of chairman of a Board the Governor-General may appoint a member of the Board to the vacant office.
(6.) A member of a Board shall, subject to this Act, hold office for a term of two years and shall be eligible for re-appointment.
(7.) In the case of the illness, absence from the State for which he is appointed, or suspension of a member of a Board, or in the event of the office of a member of a Board becoming vacant, the Governor-General may appoint a person to act during the illness, absence or suspension, or until the appointment of a member, as the case may be, and the person so acting shall have all the powers and perform all the duties of a member of a Board.
(8.) At their first meeting in each calendar year the members of a Board may elect one of their number to be Deputy Chairman until the first meeting of the Board in the next calendar year.
(9.) In the absence of the Chairman from any meeting, the Deputy Chairman shall preside.
(10.) At any meeting of a Board two members shall form a quorum.
(11.) The members of a Board shall receive such remuneration or fees as the Governor-General determines.
Suspension of Commissioner or Acting Commissioner.
15.—(1.) The Minister may suspend a Commissioner, or an Acting Commissioner, from office for inability, inefficiency or misbehaviour or neglect or failure to carry out any of the provisions of this Act or the regulations.
(2.) The Minister shall, within seven days after the suspension, if the Parliament is then sitting, or if the Parliament is not then sitting, within seven days after the next meeting of the Parliament, cause to be laid before both Houses of the Parliament a full statement of the grounds of suspension, and if within sixty days thereafter an address is presented to the Governor-General by the Senate and the House of Representatives praying for the restoration of the Commissioner or Acting Commissioner, as the case may be, to office he shall be restored accordingly; but if no such address is so presented the Governor-General may confirm the suspension and declare the office of the Commissioner or Acting Commissioner, as the case may be, to be vacant and the office shall thereupon be and become vacant.
Suspension of member of a Board.
16.—(1.) The Commission may suspend a member or acting member of a Board from office for inability, inefficiency or misbehaviour or neglect or failure to carry out any of the provisions of this Act or the regulations.
(2.) The Commission shall, within seven days after the suspension, forward to the Minister a full statement of the grounds of suspension and the Governor-General may, on the recommendation of the Minister, order the restoration to office of the member or acting member, as the case may be, or may confirm the suspension.
Offices—how vacated.
17.—(1.) A Commissioner or an Acting Commissioner shall be deemed to have vacated his office if he engages, during his term of office, in any paid employment outside the duties of his office.
(2.) A Commissioner, an Acting Commissioner or a member of a Board shall be deemed to have vacated his office if—
(a) he becomes bankrupt or insolvent, or applies to take the benefit of any Act or State Act for the relief of bankrupt or insolvent debtors, or compounds with his creditors or makes an assignment of his salary for their benefit; or
(b) he is wilfully absent from duty for a period of fourteen consecutive days except on leave granted by the Governor-General (which leave the Governor-General is hereby authorized to grant), or becomes incapable of performing his duties; or
(c) he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of more than twenty-five persons—
(i) becomes concerned or interested in any contract or agreement made by or on behalf of the Commission; or
(ii) participates, or claims to be entitled to participate, in the profit of any such contract or agreement or in any benefit or emolument arising there from.
(3.) If a Commissioner or an Acting Commissioner or a member of a Board becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Commission, or in any way participates or claims to be entitled to participate in the profit thereof, or in any benefit or emolument arising there from, otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons, he shall be guilty of an indictable offence.
Penalty: Five hundred pounds, or imprisonment for three years, or both.
Uncertificated insolvent not to be Commissioner or member of a Board.
Powers and duties of Boards.
Commissioners and members of Boards not subject to Commonwealth Public Service Act 1902-1918.
Appointment of officers.
21.—(1.) The Commission may appoint such officers as it thinks necessary for the purposes of this Act.
(2.) In the appointment of officers in pursuance of this section the Commission shall, where the qualifications of applicants are equal, give preference to persons who have been Australian soldiers within the meaning of section forty-six of this Act.
(3.) Officers employed under this Act shall not be subject to the Commonwealth Public Service Act 1902-1918, but shall be engaged for such periods and shall be subject to such conditions as are prescribed.
(4.) An officer of the Commonwealth Public Service or of the Public Service of a State who becomes an officer under this Act shall retain all his existing and accruing rights.
(5.) An officer of the Commonwealth Public Service who becomes an officer under this Act shall not thereby be required to resign from the Commonwealth Public Service but may be granted leave of absence for the period of his employment under this Act, and the period of leave so granted shall, for all purposes, be included as part of the officer’s period of service.
(6.) Upon the termination of the employment under this Act of any such officer, who has not been dismissed for misconduct, he shall be entitled to re-appointment to a position in the Commonwealth Public Service with such advancement in status and salary, beyond those held and received by him in that Service immediately prior to his appointment under this Act, as the Public Service Commissioner in the circumstances thinks just.
(7.) In determining the status and salary to which the officer shall be advanced, the Public Service Commissioner shall take into consideration the time (if any) which the officer served as an Australian soldier and the period of his service as an officer of the Department of Repatriation.
(8.) For the purposes of this section the service of an officer under any Act repealed by this Act shall be deemed to be service under this Act.
Part III.—Pensions.
Definitions.
“Child” means any dependant under the age of sixteen years, being a son. daughter, step-
This is an opening excerpt, not the complete document.