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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This legislation makes a wide range of amendments to Australia's Repatriation Act 1920, which is the foundational law governing pensions, allowances, and support for Australian veterans and their families.
1. Pension rate increases Several pension rates are increased, including:
2. Extends coverage to peacetime Defence Force members (Division 10) This is the most significant change. The Act creates a new Division 10 of Part III, extending repatriation-style entitlements to members of the permanent Defence Force serving — that is, people serving in peacetime, not just in a war or declared conflict. To qualify as a "regular serviceman," a person generally needs to have completed , or to have died or been medically discharged. "National servicemen" serving in the Regular Army Supplement just before 7 December 1972 are also covered. This is a major expansion: previously, repatriation benefits were tied to war service or specific overseas operations.
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Direct links to the current provisions in Repatriation Act (No. 3) 1973.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
3. New rules on compensation and damages (Division 10) Where a Defence Force member (under the new Division 10) suffers an injury and is also entitled to damages or compensation from a third party (someone other than the government), the new provisions:
4. New protections for decision-makers A new section (47b) grants legal immunity (protection from being sued) to anyone who makes a statement, gives an opinion, or makes a determination in repatriation claims proceedings — similar to the protection given to witnesses in court.
5. Written reasons for decisions A new section (47a) requires repatriation authorities (such as Repatriation Boards and Appeal Tribunals) to produce written reasons for their decisions on prescribed matters, and to give a copy of those reasons to the claimant. This is an important accountability measure.
6. Tax deductions from service pensions The Act allows the Repatriation Commission to deduct income tax from service pension payments and forward it to the Tax Commissioner — bringing service pensioners into line with ordinary taxpayers.
7. Changes to the means test and income definitions Adjustments are made to what counts as "income" for the purposes of calculating pension entitlements. Notably, certain repatriation payments (like disability pensions) are to be counted at only 75% of their value (reduced by one-quarter) when assessing a person's means for service pension purposes — a concession to veterans.
8. Blind aged veterans — transitional benefit A new benefit (section 98aaa) is created for service pensioners who are permanently blind and have reached retirement age (60 for women, 65 for men), paying $156 per annum in addition to their existing pension, provided they are not already receiving a similar benefit under social services legislation.
9. Commission can establish hospitals The Commission is formally given power to establish, control, and administer hospitals and other institutions for the care of eligible veterans and their families. Previously this power existed only in regulations.
10. Excluding children from service pensions After the commencement of the relevant subsection, children of Defence Force members can no longer be granted a service pension under the permanently unemployable provisions — this entitlement is removed going forward.
11. Housekeeping and cross-reference fixes A large number of technical amendments update schedule references (e.g. "The First Schedule" becomes "Schedule 1"), correct column references within schedules, and tidy up cross-references to other Acts including the Social Services Act and various other Repatriation Acts.
The most consequential change is the extension of repatriation benefits to peacetime Defence Force members — a significant policy shift recognising that permanent military service, not just wartime service, creates risks and sacrifices deserving of government support. The rate increases also provide immediate financial relief to existing pensioners and their families.