National Security (Hirings Administration) Regulations (Cth)

STATUTORY RULES.

1942. No. 401.

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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 eighteenth day of September, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

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NATIONAL SECURITY (HIRINGS ADMINISTRATION) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the National Security (Hirings Administration) Regulations.

Object and basis.

2. The object of these Regulations is to control, facilitate and guide the exercise of the powers of the Commonwealth under regulations 53, 54 and 55 of the National Security (General) Regulations and to facilitate and expedite the assessment and payment of compensation to persons suffering loss or damage by reason of the exercise of any of those powers. These Regulations recognize the current practice whereby the exercise of such powers for the purpose of all Services and Departments is in general carried out on their behalf by the Hirings Section, Quartermaster-General’s Branch, Department of the Army.

Administration.

3. These Regulations shall be administered by the Minister of State for the Army.

Application of Regulations.

4.—(1.) Subject to sub-regulations (2.) and (3.) of this regulation, these Regulations shall apply throughout the whole of Australia except in those parts to which the National Security (Emergency Control) Regulations apply.

 

* Notified in the Commonwealth Gazette on  , 1942.

6667.—Price 5d. 25/17.9.1942.

 

(2.) The Minister may, by order, direct that the whole or any part of these Regulations shall apply to any part of Australia to which the National Security (Emergency Control) Regulations apply and these Regulations shall apply accordingly.

(3.) The Minister may, by order, exclude any part of Australia from the operation of all or any of these Regulations.

Parts.

5. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Hirings Committees.

Division 1.—Constitution, Procedure and Remuneration of Members.

Division 2.—Powers and Functions in relation to Matters other than Compensation.

Division 3.—Powers and Functions in relation to Compensation.

Definitions.

6. In these Regulations, unless the contrary intention appears—

“authorized person” means a person to whom the powers of the Minister under regulation 53, 54 or 55 of the National Security (General) Regulations have been delegated;

“Department” means any Department of the Public Service (not being a Department which is a Service) and includes any authority of the Commonwealth;

“hiring” means the exercise on behalf of or for the purposes of or at the request of any Department or Service of any power under regulation 53, 54 or 55 of the National Security (General) Regulations;

“Hirings Service” means the staff of an authorized person, charged with the duty of assisting him in carrying out his duties in relation to hirings;

“Quartermaster-General” means the officer for the time being holding that office in the Department of the Army;

“Service” means the Department of the Navy, the Department of the Army, the Department of Air, the United States Forces in Australia, and such other forces as the Minister, by order, declares to be Services for the purposes of these Regulations.

Part II.—Hirings Committees.

Division 1.—Constitution, Procedure and Remuneration of Members.

Central Hirings Committee.

7.—(1.) There shall be a Central Hirings Committee.

(2.) The Central Hirings Committee shall in the first place consist of—

(a) a Chairman;

(b) a representative of the Department of the Treasury or, in his absence from any meeting, such person as is appointed by the Minister to attend in his stead;

(c) the person for the time being holding the office of Director of Hirings, Quartermaster-General’s Branch, Department of the Army or, in his absence from any meeting, such person as is appointed by the Quartermaster-General to attend in his stead.

 

(3.) When the business of any meeting includes the consideration of a hiring or proposed hiring by or for any Service or Department, or of an order or proposed order prescribing the standards of accommodation which may be provided by way of hirings for Services or Departments, the Central Hirings Committee shall have added to it as a member for the whole of that meeting (other than any portion of the meeting at which any question under Division 3 of this Part is to be considered or determined) a representative of and appointed by the Service or Department or the Services or Departments concerned.

(4.) The Central Hirings Committee may co-opt as a member for any meeting a representative of any Service or Department which the Committee considers to be concerned in or affected by any matter included in the business of the meeting, but any representative so co-opted may not take part in any portion of the meeting at which any question under Division 3 of this Part is to be considered or determined.

(5.) The Chairman and the representative of the Department of the Treasury shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(6.) The Chairman shall preside at meetings of the Central Hirings Committee, and, in his absence from any meeting, the members present at that meeting may elect one of their number to preside at that meeting.

(7.) A statement in writing under the hand of the Secretary or other like executive officer of any Service or Department that a person is the representative of, and appointed by, that Service or Department under any of the provisions of this regulation, shall for all purposes be sufficient evidence of the facts so stated.

Local Hirings Committees.

8.—(1.) There shall be a Local Hirings Committee in and for each such area of Australia as the Minister by order specifies.

(2.) Each Local Hirings Committee shall in the first place consist of—

(a) the Chairman of the Central Hirings Committee;

(b) a Deputy Chairman;

(c) a representative of the Department of the Treasury or, in his absence from any meeting, such person as is appointed by the Minister to attend in his stead; and

(d) an officer of the Hirings Section, Quartermaster-General’s Branch, Department of the Army, appointed by the Quartermaster-General or, in his absence from any meeting, such person as is appointed by the Quartermaster-General to attend in his stead.

(3.) When the business of any meeting includes the consideration of a hiring or proposed hiring by or for any Service or Department, the Local Hirings Committee shall have added to it as a member for the whole of that meeting (other than any portion of the meeting at which any question under Division 3 of this Part is to be considered or determined) a representative of and appointed by that Service or Department.

 

(4.) The Local Hirings Committee may co-opt as a member for any meeting a representative of any Service or Department which the Committee considers to be concerned in or affected by any matter included in the business of the meeting, but any representative so co-opted may not take part in any portion of the meeting at which any question under Division 3 of this Part is to be considered or determined.

(5.) The Deputy Chairman and the representative of the Department of the Treasury shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(6.) The Chairman of the Central Hirings Committee, or, in his absence the Deputy Chairman, shall preside at meetings of a Local Hirings Committee and, in the absence of both the Chairman of the Central Hirings Committee and the Deputy Chairman from any meeting, the members present at that meeting may elect one of their number to preside at that meeting.

(7.) A statement in writing under the hand of the Secretary or other like executive officer of any Service or Department that a person is the representative of, and appointed by that Service or Department under any of the provisions of this regulation, shall for all purposes be sufficient evidence of the facts so stated.

Meetings.

9.—(1.) The Central Hirings Committee shall meet at such times and places as the Chairman directs.

(2.) A Local Hirings Committee shall, subject to any direction by the Chairman of the Central Hirings Committee, meet at such times and places as the Deputy Chairman directs.

(3.) Three members present at any meeting of a Hirings Committee, of which all members entitled to be present at that meeting have had notice, shall form a quorum.

(4.) All questions before any Hirings Committee shall be decided by a majority of votes.

(5.) The person presiding at any meeting of a Hirings Committee shall have a deliberative vote, and, in the event of an equality of votes, shall have a casting vote.

Secretarial and executive arrangements.

10. The Director of Hirings shall, subject to the superintendence of the Quartermaster-General, arrange for the carrying out of the necessary secretarial work for and the implementation of the decisions of the Central Hirings Committee and Local Hirings Committees.

Remuneration.

11. There shall be payable to any member of the Central Hirings Committee or a Local Hirings Committee such remuneration (if any) for his services and such travelling allowances (if any) as the Minister determines.

Division 2.—Powers and Functions in relation to Matters other than Compensation.

Advisory functions of Central Hirings Committee.

12. The Central Hirings Committee may advise the Minister, any Local Hirings Committee, any authorized person, and any member of the Hirings Service with respect to any matter in connexion with hirings.

 

Executive functions of Central Hirings Committee.

13.—(1.) The Central Hirings Committee shall have power, subject to disallowance by the Minister, to make general orders in relation to hirings, and, without prejudice to the generality of the foregoing, any such general order may make provision in relation to—

(a) the classes of premises which shall not be the subject of hirings without the approval of the Minister or some other authority specified in the order;

(b) the conditions to apply to the hiring of any particular classes of premises;

(c) standards of accommodation which may be provided by way of hirings for Services or Departments;

(d)the circumstances in which and the conditions under which such general orders may be departed from;

(e) the procedure to be followed and the forms to be used in any hiring;

(f) the making by Local Hirings Committees or authorized persons of reports with regard to any matters in relation to hirings in their respective areas; and

(g) the inspection of premises the subject of hirings and reports of such inspections.

(2.) No hiring shall be invalidated by reason only of non-compliance with any general order.

Other powers and functions of Central Hirings Committee.

14. Where any matter is referred to the Central Hirings Committee under these Regulations that Committee may—

(a) subject to any order by the Minister to the contrary, but notwithstanding any previous determination of a Local Hirings Committee, determine—

(i) whether a request from any Service or Department for any hiring shall or shall not be satisfied in whole or in part;

(ii) in any case where more than one Service or Department, or a Service and a Department, are in competition for the hiring of the same premises, which request (if any) shall be satisfied;

(b) recommend to the Minister—

(i) that any premises which are the subject of any hiring or proposed hiring should be compulsorily acquired under the Lands Acquisition Act 1906-1936;

(ii) that any existing hiring should be terminated immediately or from any future date; and

(c)report to the Minister or to any authorized person that any general order or direction applicable to a matter has not been complied with and to recommend what action (if any) should be taken with respect thereto.

References to Central Hirings Committee.

15.—(1.) Except in a case of operational urgency, an authorized person shall refer to the Central Hirings Committee—

(a) any matter arising in any area for which there is no Local Hirings Committee, which, if there were such a Local Hirings Committee, would be referred to the Local Hirings Committee; and

 

(b) any matter which the Minister or the Central Hirings Committee directs him so to refer.

(2.) A Local Hirings Committee shall refer to the Central Hirings Committee any matter which the Minister or the Central Hirings Committee directs it so to refer.

Advisory functions of Local Hirings Committees.

16. Subject to direction by the Central Hirings Committee, each Local Hirings Committee may advise any authorized person and any members of the Hirings Service with respect to any matter in connexion with hirings arising in its area.

Other powers and functions of Local Hirings Committees.

17. Where any case or matter is referred to a Local Hirings Committee under these Regulations, that Committee may—

(a) subject to any order by the Minister or any determination by the Central Hirings Committee to the contrary, determine—

(i) whether a request from any Service or Department for any hiring shall or shall not be satisfied in whole or in part;

(ii) in any case where more than one Service or Department, or a Service and a Department, are in competition for the hiring of the same premises, which request (if any) shall be satisfied;

(b) recommend to the Central Hirings Committee that any premises which are the subject of any hiring or proposed hiring should be compulsorily acquired under the Lands Acquisition Act 1906-1936;

(c) report to the Central Hirings Committee or to any authorized person that any general order or direction applicable to a matter has not been complied with, and recommend what action (if any) should be taken with respect thereto; and

(d) refer to the Central Hirings Committee, with or without any recommendation thereon, any matter or any question in relation to any matter which in its opinion should be determined by the Central Hirings Committee.

References to Local Hirings Committees.

18. An authorized person shall, except in a case of operational urgency, refer to the Local Hirings Committee in any area the following matters arising in that area:—

(a) Any case in which more than one Service or Department, or a Service and a Department, are in competition for the hiring of the same premises;

(b) Any matter which the Minister, the Central Hirings Committee, or the Local Hirings Committee required to be referred to the Local Hirings Committee;

(c) Any matter which in the opinion of the Quartermaster-General or such authorized person should be determined by the Local Hirings Committee; and

(d)Any class of matters which the Minister, on the advice of the Central Hirings Committee, from time to time directs to be referred to Local Hirings Committees generally or to a Local Hirings Committee in a particular area.

 

Division 3.—Powers and Functions in Relation to Compensation.

Advisory powers of Central Hirings Committee.

19. The Central Hirings Committee may advise the Minister that any order under regulation 60h of the National Security (General) Regulations in respect of hirings should, in its opinion, be made, or amended, or rescinded.

Address at which claims may be made.

20. Claims made in pursuance of regulation 60d of the National Security (General) Regulations for compensation in respect of hirings may be addressed to the Minister at such address as the Central Hirings Committee by notice published in the Gazette specifies.

Determinations by Central Hirings Committee.

21.—(1.) Sub-regulation (1.) of regulation 60b of the National Security (General) Regulations shall not apply to claims for compensation in respect of hirings.

(2.) Where a claim for compensation in respect of a hiring is made in pursuance of regulation 60d of the National Security (General) Regulations, the Central Hirings Committee or its delegate acting under sub-regulation (3.) of this regulation shall determine—

(a) the amount of compensation in the form of a lump sum, or in the form of a periodical payment, or both, which it considers just and reasonable, or

(b) that no compensation be paid,

as the case may be, and shall, as soon as practicable, serve on the claimant personally, or by post at the address given in the claims, a notice stating the effect of the determination.

Delegation by Central Hirings Committee of powers with relation to compensation.

(3.) The Central Hirings Committee may, by resolution—

(a) delegate to one of its members or to a member of a Local Hirings Committee or to a Local Hirings Committee or an authorized person or any member of the Hirings Service all or any of its powers under sub-regulation (2.) of this regulation;

(b) vary or revoke any such delegation;

(c) prescribe the procedure to be followed and the forms to be used with respect to determinations and notices under sub-regulation (2.) of this regulation;

(d)make rules for the guidance of Committees or persons to whom it has made a delegation under this regulation as to the basis upon which determinations under sub-regulation (2.) of this regulation should be made.

(4.) The provisions of sub-regulations (2.), (3.) and (4.) of regulation 60e of the National Security (General) Regulations shall, in their application to claims for compensation in respect of hirings, be read as if—

(a) in sub-regulation (2.) of regulation 60e, after the words “paragraph (a) of sub-regulation (1.) of this regulation”, there were inserted the words “or paragraph (a) of sub-regulation (2.) of regulation 21 of the National Security (Hirings Administration) Regulations”;

 

(b) in sub-regulation (3.) of regulation 60e, after the words “paragraph (b) of sub-regulation (1.) of this regulation”, there were inserted the words “or paragraph (b) of sub-regulation (2.) of regulation 21 of the National Security (Hirings Administration) Regulations”; and

(c) in sub-regulation (4.) of regulation 60e, after the words “sub-regulation (1.) of this regulation”, there were inserted the words “or sub-regulation (2.) of regulation 21 of the National Security (Hirings Administration) Regulations”.

 

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