WAR PENSIONSELIGIBILITY FOR GRANT AND PAYMENT OF PENSION UNDER AUSTRALIAN SOLDIERS REPATRIATION ACT 1920: ELIGIBILITY OF PERSONS WHO SERVED IN MILITARY FORCES OF BRITISH DOMINIONS OTHER THAN AUSTRALIA: CIRCUMSTANCES IN WHICH A PERSON MAY BE REGARDED AS HAVING BEEN ‘RESIDENT’ IN AUSTRALIA WITHIN THE 12 MONTHS PRIOR TO BEING CALLED UP, ENLISTED OR APPOINTED: CIRCUMSTANCES IN WHICH A PERSON MAY BE REGARDED AS BONA FIDE RESIDENT IN AUSTRALIA TO QUALIFY FOR PAYMENT OF PENSION: MEANING OF ‘BONA FIDE RESIDENT IN AUSTRALIA’: MEANING OF ‘RESIDE’: MEANING OF ‘RESIDENCE’: MEANING OF ‘DOMICIL’: MEANING OF ‘PROHIBITED IMMIGRANT’
AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920 ss 102, 107: IMMIGRATION ACT 1912 s 3(h): WAR PENSIONS ACT 1914 s 15: ADMINISTRATION ACT 1903 (WA) s 86
The Chairman of the Repatriation Commission has forwarded the following memorandum for advice:
A condition of eligibility for a grant of pension under section 102 is that the claimant was resident in Australia or any Territory of the Commonwealth within the period of twelve months prior to his enlistment. The same condition applies in respect of section I07—members of the Women’s Services.
2. In a case under section 102, the member enlisted in the Imperial Forces in 1939 and was killed in September, 1943. His mother lodged a claim for pension and the evidence was to the effect of the following. The member graduated in Arts and Law at the Melbourne University, and in 1937 proceeded to England to pursue his studies. The intention was that he would return to Australia and set up in practice here.
3. Assuming that the evidence on all points is confirmed, would it be correct to regard the member as being resident in Australia during the twelve months prior to his enlistment with the Imperial Forces, or must the word ‘resident’ be taken as meaning ‘actually resident’?
4. As regards ‘payment’ of the pension, here also it is a condition that the pensioner must be bona fide resident in Australia. This is a condition of the equivalent provision, viz., section 54, relating to the 1914 war. In the War Pensions Act 1914–1916 the provision was section 15, and in Opinion No. 296 of 24.6.1916 you advised in regard to this aspect that a person who is a bona fide resident would not cease to be such if he left Australia to pay a visit to another country, intending to return to Australia.1
5. The condition as to payment could be regarded as a minor one compared with that concerning eligibility. Would you say that the ruling given in 1916 could be applied with equal force to the major condition?
6. Another case has arisen on the same point but from quite a different angle. The claimant is a prohibited immigrant, and from that aspect you possibly have papers relating to the case concerning