National Security (Man Power) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 102.

 

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 sixth day of March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of the National Security (Man Power) Regulations.

Provisions relating to persons employed in protected undertakings.

1. Regulation 14 of the National Security (Man Power) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the words “, except for serious misconduct,”; and

(b) by omitting from sub-regulation (3.) the words “not less than one week’s notice shall be given, except where the employment of any person is terminated for serious misconduct” and inserting in their stead the words “not less than one week’s notice shall, if the Director-General so requires, be given”.

2. After regulation 16 of the National Security (Man Power) Regulations the following regulation is inserted:—

“Suspension from employment of persons engaged in protected undertakings.

16a.—(1.) Where any employer carrying on a protected undertaking has reason to believe that any person employed therein has been guilty of serious misconduct, the employer may suspend that person from duty and shall forthwith submit to the Director-General,

 

* Notified in the Commonwealth Gazette on 6th March, 1942.

  Statutory Rules 1942, No. 34.

1705.—Price 3d.

or to a person in the State in which the undertaking is carried on authorized by the Director-General to act under this regulation, a statement in writing setting out the grounds of the suspension.

“(2.) On receipt of any statement in pursuance of the last preceding sub-regulation, the Director-General or person so authorized shall make a thorough examination of the grounds of suspension set out in the statement and shall decide whether the suspension should be removed or confirmed and shall convey his decision, by notice in writing, to the parties concerned.

“(3.) If either party is aggrieved by any decision given under the last preceding sub-regulation, he may lodge with a Local Appeal Board, within seven days from the date of the notice, an objection in writing against the decision, stating fully and in detail the grounds on which he relies.

“(4.) On receipt of the objection, the Local Appeal Board shall consider the objection and shall decide whether the decision against which the objection is lodged should be revoked or confirmed, and shall convey its decision to the parties concerned.

“(5.) Where—

(a) a decision that the suspension of any person should be removed is given under sub-regulation (2.) of this regulation, and an objection against the decision is not lodged with a Local Appeal Board in pursuance of sub-regulation (3.) of this regulation; or

(b) where an objection against such a decision is so lodged and the decision of the Local Appeal Board is that the decision against which the objection is lodged should be confirmed; or

(c) where a decision that the suspension of any person should be confirmed is given under sub-regulation (2.) of this regulation, and an objection against that decision is lodged with a Local Appeal Board in pursuance of sub-regulation (3.) of this regulation, and the decision of the Local Appeal Board is that the decision against which the objection is lodged should be revoked,

the employer shall—

(d) in the case of a decision specified in paragraph (a) of this sub-regulation—as soon as practicable after the expiration of seven days from the date of the notice to him of the decision; or

(e) in the case of a decision of the Local Appeal Board specified in paragraph (b) or paragraph (c) of this sub-regulation—as soon as practicable after the decision is conveyed to him,

reinstate the person suspended in his employment in an occupation and under conditions not less favorable to him than those which were applicable to him immediately prior to his suspension, and shall pay to him the wages of which he was deprived during the term of his suspension.

 

“(6.) Where—

(a) a decision that a suspension should be confirmed is given under sub-regulation (2.) of this regulation, and an objection against the decision is not lodged with a Local Appeal Board in pursuance of sub-regulation (3.) of this regulation; or

(b) where an objection against such a decision is so lodged and the decision of the Local Appeal Board is that the decision against which the objection is lodged should be confirmed; or

(c) where a decision that a suspension should be removed is given under sub-regulation (2.) of this regulation, and an objection against that decision is lodged with a Local Appeal Board in pursuance of sub-regulation (3.) of this regulation, and the decision of the Local Appeal Board is that the decision against which the objection is lodged should be revoked,

the employment of the person suspended shall be deemed to have been terminated on the date on which he was suspended.”.

 

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