The Deputy Chairman of the Repatriation Commission has forwarded for advice the following memorandum:

1. In sections 22 and 23 of the Australian Soldiers' Repatriation Act 1920 provision is made for the granting of pensions to the parents of any deceased soldier who are without adequate means of support.
2. No definition of this term is contained in the Act, consequently the Commission has framed one which is contained in Ruling No. 8, attached hereto. From paragraph 5 of that Ruling you will see that the Commission declines to assume the obligations of children (other than those of deceased ex-soldiers) where the Commission possesses evidence that those children have the means to assist in their parents' maintenance.
3. The Commission has held that by assuming the filial responsibility of the deceased soldier son to his parents it is doing all that is equitable, and that it ought not to be saddled with a duty which devolves upon other sons and daughters even though they neglect to fulfil that duty.
4. The Commission desires to know whether, where parents claim to be without adequate means of support, and affirm that they receive no assistance from their other sons and daughters even though these persons are in a position to contribute, it is acting within its rights in following the method heretofore adopted.

Section 26 of the Australian Soldiers' Repatriation Act 1920-1921 provides inter alia, that each Repatriation Board shall be charged with the duty of assessing the rates of pensions of dependants of members of the Forces.

In my opinion the duty of determining whether the parent of a member of the Forces is without adequate means of support primarily falls on the Repatriation Board. In other words the Board must consider the means of support of the parent in order to assess the pension, if any, payable to the parent.

By section 7, however, the Repatriation Commission is, subject to the control of the Minister, charged with the general administration of the Act.

It is therefore, I think, competent for the Repatriation Commission within limits to lay down rules for the guidance of Repatriation Boards in determining the rates of pensions payable to parents. I do not, however, think that it can be said that a parent, who has a son able, but not willing, to support his parent, has adequate means of support, or that it is within the power of the Commission to lay down such a rule. The question whether a parent is or is not without adequate means of support is a question of fact which must be determined upon the facts of each case.

[Vol. 18, p. 475]