National Security (Civil Defence Volunteers' Compensation) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 325.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this twenty-fourth day of July, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Admendments of the National Security (Civil Defence Volunteers’ Compensation) Regulations.

Citation.

1. Regulation 1 of the National Security (Civil Defence Volunteers’ Compensation) Regulations, and the heading to those Regulations, are amended by omitting the word “Volunteers’” and inserting in its stead the word “Workers’”.

Definitions.

2. Regulation 4 of the National Security (Civil Defence Volunteers’ Compensation) Regulations is amended—

(a) by inserting after the definition of “child” the following definition:—

“‘civil defence duties’ means duties, other than duties performed as a member of the armed forces of His Majesty or of any Ally of His Majesty, in connexion with measures for the protection of property and persons from the danger and results of enemy attacks, and for mitigating those results;”;

(b) by omitting the definition of “‘civil defence volunteer’ or ‘volunteer’”;

 

* Notified in the Commonwealth Gazette on  , 1942.

  Statutory Rules 1941, No. 288, as amended by Statutory Rules 1942, Nos. 53 and 91.

        

5414.—Price 5d. 25/22.7.1942.

(c) by inserting after the definition of “Deputy Commissioner” the following definition:—

“‘eligible person’ means—

(a) a person who is a member of an approved civil defence organization and has been duly attested and enrolled in the manner provided by the rules of the organization;

(b) a person who has been required, by or in pursuance of any law of the Commonwealth, or of a State or Territory of the Commonwealth, to perform civil defence duties or to undergo training for the performance of those duties; or

(c) where the Minister by order in writing determines that it is or was, during any period specified in the order, necessary for the maintenance of an essential service that a person, or every person included in a class of persons, specified in the order should continue to perform the duties of his employment or occupation, or perform duties of a similar nature, or remain in readiness to perform any such duties, during a period of enemy action or during a period immediately following a period of enemy action—the person so specified or any person included in that class;”;

(d) by inserting after the definition of “pension” the following definition:—

“‘period of enemy action’, in relation to a person described in paragraph (c) of the definition of ‘eligible person’, means a period between the sounding, under the direction of an authority of a State or Territory of the Commonwealth, of a ‘raid warning’ signal applicable to an area within which the place where the person performs, or remains in readiness to perform, duties is situated, and the sounding, under such direction, of a ‘raiders passed’ signal so applicable, and includes such other period as the Minister, in special circumstances, approves;”;

(e) by inserting after the definition of “separated wife” the following definition:—

“‘service injury’ means a personal injury (not being an injury in respect of which compensation of the kind specified in paragraph (a) of sub-regulation (1.) of regulation 55aof these Regulations (other than compensation of the kind specified in sub-regulation (2.) of that regulation) is payable) which is sustained by a person described in paragraph (a) or (b) of the definition of ‘eligible person’ in the course of the performance of civil defence duties, or of giving instruction or undergoing training, as such a person, and which is directly attributable to those duties, instruction or training;”;

(f) by omitting the definition of “training injury”; and

(g) by omitting the definition of “war injury” and inserting in its stead the following definition:—

“‘war injury’ means a personal injury which is sustained by a person described in paragraph (c) of the definition of ‘eligible person’ in the course of the performance of duties or of remaining in readiness to perform duties, as such a person, and which is—

(a) caused by—

(i) the discharge of any missile, liquid or gas;

(ii) the use of any weapon, explosive or other noxious thing; or

(iii) the doing of any other injurious act,

either by the enemy, or in combating the enemy, or in relation to any expected or suspected attack by the enemy, or any expected attack upon the enemy; or

(b) caused by the action of any enemy aircraft, or any aircraft in the service of His Majesty or of any Ally of His Majesty during the present war, or by the impact of, or of any part of, or of anything dropped from, any such aircraft;”.

General amendments.

3. The National Security (Civil Defence Volunteers’ Compensation) Regulations are amended—

(a) by omitting the words “a civil defence volunteer” (wherever occurring) and inserting in their stead the words “an eligible person”;

(b) by omitting the words “the civil defence volunteer” and “the volunteer” (wherever occurring) and inserting in their stead the words “the eligible person”;

(c) by omitting the words “a civil defence volunteer’s” (wherever occurring) and inserting in their stead the words “an eligible person’s”;

(d) by omitting the words “the volunteer’s” (wherever occurring) and inserting in their stead the words “the eligible person’s”;

(e) by omitting the words “civil defence volunteers” wherever occurring) and inserting in their stead the words “eligible persons”;

(f) by omitting the words “any civil defence volunteer” (wherever occurring) and inserting in their stead the words “any eligible person”;

(g) by omitting the words “that civil defence volunteer” (wherever occurring) and inserting in their stead the words “that eligible person”; and

(h) by omitting the words “training injury” (wherever occurring) and inserting in their stead the words “service injury”.

Approved civil defence organizations.

4. Regulation 7 of the National Security (Civil Defence Volunteers’ Compensation) Regulations is amended by omitting sub-regulation (3.).

5. After regulation 12 of the National Security (Civil Defence Volunteers’ Compensation) Regulations the following regulation is inserted:—

Informality in requirements.

“12a. The Commission may, in any case in which in its opinion the interests of justice so require, grant compensation in any case in which compensation would be payable in respect of the death or incapacity of a person but for an informality in, or mistake as to the scope or application of, a requirement or order specified in paragraph (b) or (c) of the definition of ‘eligible person’ made on or applicable to that person, or treated by him as made on, or applicable to, him.”.

6. After regulation 53 of the National Security (Civil Defence Volunteers’ Compensation) Regulations the following regulation is inserted in Part VI.:—

Compensation for loss of, or damage to, clothing, &c.

“53a.—(1.) Where any eligible person suffers loss or damage to clothing or personal property arising out of and in the course of the performance by him of duties, or of his remaining in readiness to perform duties, as such a person, and, in the opinion of the Commission, the loss or damage was not due to the negligence of that person, the Commission may authorize the payment of an amount of compensation determined by it for that loss or damage:

Provided that, where, in the opinion of the Commission, it was not reasonable, in the circumstances of the case, for that person to have been wearing, carrying or using that clothing or personal property, or clothing or personal property of the kind or quality of that clothing or personal property, the Commission shall either refuse to authorize payment of compensation under this regulation, or authorize the payment of compensation for such part only of the loss sustained as the Commission thinks just.

“(2.) A claim for compensation under this regulation shall be in accordance with a form approved by the Commission, and the decision of the Commission on any such claim shall be final and conclusive.”.

7. After regulation 55 of the National Security (Civil Defence Volunteers’ Compensation) Regulations the following regulation is inserted:—

Relief of employers, &c, from liability.

“55a.—(1.) There shall not be payable, whether to the person injured or to any other person, in respect of any injury caused by a matter specified in paragraph (a) or (b) of the definition of ‘war injury’ in regulation 4 of these Regulations, any such compensation or damages as, but for the provisions of this regulation—

(a) would be payable—

(i) under any law of the Commonwealth, or of a State or Territory of the Commonwealth, relating to compensation to workmen or employees (including employees of the Commonwealth) for injuries arising out of and in the course of, or out of or in the course of, their employment;

(ii) under any scheme or arrangement authorized or approved in pursuance of any such law; or

(iii) under any provision of any award or determination of any court or authority relating to compensation of the kind mentioned in sub-paragraph (i) of this paragraph; or

(b) would, whether by virtue of any law of the Commonwealth, or of a State or Territory of the Commonwealth, by virtue of any contract, or at common law, be payable by any person on the ground that the injury in question was attributable to some negligence, nuisance or breach of duty for which the person by whom the compensation or damages would be payable is responsible.

“(2.) Nothing in sub-paragraph (ii) of paragraph (a) of the last preceding sub-regulation shall affect the right of any person to so much of the compensation which would, but for the provisions of this regulation, be payable in respect of any injury under any such scheme or arrangement as is attributable to any contributions made by the person who sustained the injury under the scheme or arrangement.

“(3.) The failure to give a notice or make a claim or commence proceedings within the time required by any law of the Commonwealth or of a State or Territory of the Commonwealth, or by any scheme, arrangement, award or determination, shall not be a bar to the maintenance of proceedings in respect of any personal injury, if—

(a) within that time an application for compensation has been duly made in respect of the injury;

(b) the court or authority before which the proceedings are brought is satisfied that the application was made in the reasonable belief that the injury was such that compensation could be paid;

(c) the Commission certifies that the application was refused, or that a pension granted in pursuance of the application was cancelled, on the ground that the injury was not such an injury, and

(d) the proceedings are commenced within one month after the date of the certificate of the Commission.

“(4.) Where a claim for compensation under these Regulations arising out of any injury has been rejected on the ground that the injury was not caused by a matter specified in paragraph (a) or (b) of the definition of ‘war injury’ in regulation 4 of these Regulations, nothing in this regulation shall affect any right in relation to that injury.”.

    

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.