National Security (Internment Camps) Regulations (Cth)

STATUTORY RULES.

1940. No. 170.

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 first day of August, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

(Sgd.) ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

 

National Security (Internment Camps) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Internment Camps) Regulations.

Definitions.

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

“internee” means a person detained in pursuance of any instrument made or issued under any regulation made in pursuance of the Act, but does not include a prisoner of war within the meaning of the International Convention relative to the Treatment of Prisoners of War signed at Geneva on the twenty-seventh day of July, 1929;

“internment camp” means any place appointed or established in pursuance of regulation 3 of these Regulations;

“Internment Camp Orders” means Internment Camp Orders made by the Adjutant-General in pursuance of regulation 6 of these Regulations;

“officer” and” soldier” have the same meaning as in the Defence Act 1903-1939;

“the Act” means the National Security Act 1939, and includes that Act as amended from time to time;

“the Camp Commandant”, in relation to an internment camp, means the Camp Commandant of the camp, and includes any officer for the time being performing the duties of the Camp Commandant;

 

* Notified in the Commonwealth Gazette on , 1940.

4893.—8/14.8.1940.—Price 5d.

 

“the Camp Rules”, in relation to an internment camp, means the rules made by the Camp Commandant in pursuance of regulation 7 of these Regulations which are for the time being in force;

“the Minister” means the Minister of State for the Army.

Establishment of internment camps.

3. The Minister may appoint or establish such places as he considers necessary for the custody of internees.

Places at which internees may be detained.

4.—(1.) A person ordered to be detained in pursuance of any instrument made or issued under any regulation made in pursuance of the Act may be detained at any internment camp:

Provided that where any person ordered to be detained is entitled to apply for leave to make objection against the order, he may be detained in such place as the Minister directs pending the determination of the question of the grant of leave and (if leave is granted) of the objection.

(2.) In time of emergency the Camp Commandant of an internment camp may, if he considers it necessary for the safe custody of the internees, direct that they shall be removed to, and detained at, another place, and the internees may be removed and detained accordingly, and that place shall be deemed to be an internment camp for the purposes of these Regulations.

Control and management of internment camps.

5.—(1.) The Military Board shall exercise general control over internment camps, and shall make provision for the appointment of a Commanding Officer of each internment camp, to be known as the Camp Commandant, for such officers and soldiers to be detailed for duty at the camp as, in the opinion of the Board, are necessary for the safe custody of the internees, for the maintenance of discipline in the camp, and for its proper administration.

(2.) Subject to the directions of the Military Board, the Camp Commandant of each internment camp shall engage such civilian employees as are necessary for carrying out any work in connexion with the camp which cannot be carried out by the internees.

(3.) The rates of pay and conditions of employment of civilian employees in an internment camp shall be such as the Minister, from time to time, determines.

Internment camp orders.

8. Subject to these Regulations and any directions of the Military Board, the Adjutant-General may, from time to time, make orders, to be known as Internment Camp Orders, in relation to the management, inspection and internal economy of internment camps. Such orders shall make provision concerning the property (including money) which may be retained in his possession to an internee.

Power or Camp Commandant to make Rules.

7. The Camp Commandant of an internment camp shall have charge of the camp, and, subject to these Regulations, to the Internment Camp Orders, and to such instructions as are from time to time issued to him by the Military Board, may make such Camp Rules as he considers necessary for the proper management of the camp and for the enforcement of discipline in the camp.

Official Visitors.

8.—(1.) The Minister may appoint in respect of each internment camp one or more persons, to be known as Official Visitors, who shall visit the camp periodically.

(2.) An internee may submit petitions or complaints to an Official Visitor regarding the treatment received by him at the camp and the conditions of his internment.

(3.) The Camp Commandant shall take all necessary steps to ensure that facilities are available to every Official Visitor to carry out his functions.

(4.) An Official Visitor shall, from time to time, submit reports to the Military Board in relation to the camp which he is required to visit and to petitions or complaints made to him by internees, and shall forward a copy of each report to the Commandant of the Military District in which the camp is situated.

(5.) Copies of all reports received by the Military Board from Official Visitors shall be forwarded to the Minister for his information.

(6.) An internee shall not be liable to be punished for submitting a petition or complaint with regard to the conditions of his internment even though the petition or complaint is found to be groundless.

Action to be taken on arrival of internee.

9.—(1.) As soon as practicable after the arrival of an internee at an internment camp—

(a) particulars relating to him shall be recorded, and a serial number shall be assigned to him;

(b)he shall be searched and any property (including money) which he is not permitted to retain in his possession in the camp shall be taken from him, and particulars thereof shall be recorded;

(c) he shall be medically examined and a statement of his medical condition shall be recorded; and

(d)he shall be given a notice setting out such of these Regulations, the Internment Camp Orders and the Camp Rules as he is required to comply with, printed or typed in a language which he can understand.

(2.) The Commandant may, if he thinks fit, direct that—

(a) photographs of the internee; and

(b) prints of his fingers or thumbs or any of them,

shall be taken and the internee shall permit such photographs and prints to be taken.

Cash Accounts.

10.—(1.) All money taken from an internee or despatched to an internee or earned by him during his internment shall be placed to his credit in a cash account to be opened in his name at the internment camp, and he may be permitted to withdraw from that account from time to time such amounts as the Camp Commandant considers reasonable.

(2.) An internee shall sign his name in his own handwriting opposite entries in his cash account relating to amounts debited or credited to him.

(3.) Notwithstanding anything contained in the preceding provisions of this regulation, the Camp Paymaster may open a trust account at the Commonwealth Savings Bank or any branch thereof in the name of any internee, and may pay into any such account any moneys taken from the internee upon arrival at the camp or despatched to or earned by him during the period of his internment.

 

(4.) Moneys in any such trust account shall not be withdrawn or otherwise dealt with except by withdrawal forms signed by the internee and the Camp Paymaster.

Property of internee.

11.—(1.) All property, other than money, taken from an internee, shall be placed in a separate parcel, marked with the internee’s name and serial number, and kept in such place as the Camp Commandant directs until it can be returned to the internee, or otherwise disposed of in accordance with law.

(2.) A list of such property shall be made for purposes of record, and shall be signed by the internee.

(3.) The Camp Commandant may at any time require an internee to furnish a statement of his real and personal property in Australia and as to what arrangements he has made or desires to be made concerning the administration and control of such property.

Clothing.

12.—(1.) An internee may be permitted to wear his own clothing and may arrange for necessary replacement of articles of attire.

(2.) Clothing and other necessaries may be issued to any internee who is in need of them.

Exercise and recreation.

13.—(1.) Provision shall be made at each internment camp for games and recreation, and the Camp Commandant may require an internee who is medically fit to participate in out-door exercise.

(2.) Internees shall not be isolated except when undergoing disciplinary punishment, or under the orders of the Camp Medical Officer.

Medical treatment.

14.—(1.) The Military Board shall make such arrangements as are necessary to ensure proper medical supervision in internment camps.

(2.) In the event of the illness of an internee, the Camp Commandant may arrange for him to be taken to a hospital or other place for treatment and for the provision of such guards as are necessary to prevent his escape.

Visitors.

15. Internees may be allowed to see visitors at such times and under such conditions as are specified in the Internment Camp Orders or the Camp Rules, but the Camp Commandant may, in exceptional circumstances, permit an internee to see visitors at other times.

Communications.

16.—(1.) An internee shall be allowed to write and receive letters and other postal articles, subject to censorship, and to such restrictions and conditions as are imposed by the Internment Camp Orders:

Provided that communications from an internee to an Official Visitor shall not be subject to censorship.

(2.) An internee shall not be permitted—

(a) to send cables or wireless communications overseas, either direct or through a third person; or

(b) to send telegrams within Australia unless exceptional circumstances exist, and then only with the approval of the Camp Commandant.

Internees to pay for property wilfully damaged.

17. The cost of repairing or replacing any property which is damaged or lost as the result of any wilful act of an internee or any act of gross neglect shall be paid by the internee, and may be withdrawn from any money standing to the credit of the internee in his cash account or bank account or debited against him in his cash account.

 

Communications with persons outside camp.

18. An internee shall not converse with, communicate with, or signal to, any person outside the internment camp, except with the permission of the Camp Commandant.

Internees to comply with regulations, orders, &c.

19. An internee shall comply with the provisions of these Regulations and of the Internment Camp Orders and the Camp Rules which apply to him, and shall obey all lawful orders issued to him by officers or soldiers, or by any other persons having authority over him by virtue of such regulations, orders or rules.

Disciplinary offences.

20. An internee shall not—

(a) treat with disrespect any Official Visitor, any officer or soldier, or any other person employed in connexion with the internment camp;

(b)swear, curse or use any abusive, insolent, indecent, threatening or other improper language;

(c) commit any indecent act or make any indecent gesture;

(d) create unnecessary noise or disturbance;

(e) wilfully disfigure or damage any part of the internment camp or any Commonwealth property to which he has access;

(f) commit any nuisance;

(g)have in his quarters or possession any article in contravention of the Internment Camp Orders or the Camp Rules;

(h)use or offer personal violence to any officer or soldier, or any other person employed in connexion with the camp, to an Official Visitor, to another internee, or to any other person in the camp;

(i)escape or attempt to escape, or aid any escape or attempted escape, from the internment camp; or (j) offend in any way against good order and discipline.

Power of Camp Commandant to deal with certain offences.

21.—(1.) Where an internee is charged with any contravention of these Regulations, the Internment Camp Orders or the Camp Rules, the Camp Commandant shall hear the charge and the evidence against the internee and his defence (if any).

(2.) If the internee demands that the evidence against him be taken on oath, the evidence of all witnesses shall be taken on oath or affirmation.

(3.) If the internee admits his guilt or if the Camp Commandant finds the charge proved, he may, subject to the next succeeding sub regulation, impose one of the following disciplinary punishments:—

(a) Detention for any period not exceeding twenty-eight days during which period the internee may be confined in a place specially set apart for the purpose;

(b)Confinement to quarters for any period not exceeding fourteen days, during which period the offender may be required to answer his name at uncertain hours throughout the day, and may be employed on extra fatigue duties; or

(c) Suspension of any privileges.

(4.) Where, during the course or after the termination of a period of detention, an internee is punished by the imposition of a fresh term of detention, a period of at least three days shall intervene at

 

the termination of the former punishment or between any two periods of detention, as the case may be, if one of the periods is of ten days’ duration or more.

Offences against criminal law.

22.—(1.) Any internee accused of an offence against any law of the Commonwealth or of a State or Territory of the Commonwealth (other than these Regulations) may be prosecuted in any court of competent jurisdiction and dealt with in accordance with that law.

(2.) An internee who is to be tried by a civil court shall be afforded proper opportunity of preparing his defence, and, so far as practicable, shall be allowed to communicate freely with his witnesses, and any legal adviser with whom he may wish to consult, and, if necessary, shall be allowed to avail himself of the services of a competent interpreter.

 

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