National Service Regulations (Cth)
NATIONAL SERVICE REGULATIONS
- In force under the National Service Act 1951
- Reprinted as at 31 January 1983 (HISTREG CHAP 91 #DATE 31:01:1983)
- In force under the National Service Act 1951
- Reprinted as at 31 January 1983 (HISTREG CHAP 91 #DATE 31:01:1983)
*1* The National Service Regulations (in force under the National Service Act 1951) as shown in this reprint comprise Statutory Rules 1951 No. 32 amended as indicated in the Tables below.
Year and Date of
notification Date of Application,
saving or
number in Gazette commencement transitional
provisions
-----------------------------------------------------------------------------
1951 No. 32 30 Apr 1951 30 Apr 1951
156 7 Dec 1951 7 Dec 1951 -
1953 No. 48 14 May 1953 14 May 1953 -
1954 No. 36 21 Apr 1954 21 Apr 1954 -
1956 No. 41 17 May 1956 17 May 1956 -
1957 No. 23 7 June 1957 7 June 1957 -
1958 No. 79 23 Dec 1958 23 Dec 1958 -
1965 No. 1 8 Jan 1965 8 Jan 1965 -
1966 No. 180 22 Dec 1966 22 Dec 1966 -
1968 No. 8 8 Feb 1968 8 Feb 1968 -
132 31 Oct 1968 31 Oct 1968 -
1970 No. 116 27 Aug 1970 27 Aug 1970 R. 13
-----------------------------------------------------------------------------
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
R. 2 . . . . . . . . am. 1953 No. 48; 1954 No. 36; 1957 No. 23; 1965
No. 1; 1966 No. 180; 1970 No. 116
R. 3 . . . . . . . . am. 1953 No. 48; 1957 No. 23; 1965 No. 1; 1966 No.
180
R. 3A . . . . . . . . ad. 1954 No. 36
rep. 1965 No. 1
ad. 1966 No. 180
R. 5A . . . . . . . . ad. 1965 No. 1
R. 6 . . . . . . . . am. 1965 No. 1
rs. 1966 No. 180
R. 7 . . . . . . . . rs. 1966 No. 180
R. 9 . . . . . . . . am. 1966 No. 180
R. 11 . . . . . . . . am. 1966 No. 180
R. 12 . . . . . . . . rs. 1956 No. 41
R. 12A . . . . . . . ad. 1956 No. 41
am. 1966 No. 180
R. 13 . . . . . . . . am. 1966 No. 180
R. 14 . . . . . . . . am. 1953 No. 48; 1966 No. 180; 1968 No. 8
R. 15 . . . . . . . . am. 1966 No. 180
R. 16 . . . . . . . . am. 1953 No. 48; 1966 No. 180; 1968 No. 8
R. 17 . . . . . . . . am. 1953 No. 48; 1968 No. 8
Part III (rr. 19, 20) rs. 1970 No. 116
Rr. 19, 20 . . . . . rs. 1970 No. 116
Part IV (r. 21) . . . rs. 1970 No. 116
R. 21 . . . . . . . . rs. 1968 No. 132; 1970 No. 116
R. 22 . . . . . . . . am. 1953 No. 48
rep. 1957 No. 23
R. 23 . . . . . . . . am. 1953 No. 48
R. 25 . . . . . . . . rs. 1953 No. 48
R. 26 . . . . . . . . am. 1953 No. 48
R. 27 . . . . . . . . rs. 1953 No. 48
R. 28 . . . . . . . . am. 1953 No. 48
R. 29 . . . . . . . . am. 1953 No. 48; 1966 No. 180
R. 30 . . . . . . . . am. 1953 No. 48
R. 31 . . . . . . . . rs. 1953 No. 48
am. 1957 No. 23
rs. 1970 No. 116
R. 32 . . . . . . . . am. 1953 No. 48; 1970 No. 116
R. 32A . . . . . . . ad. 1970 No. 116
R. 33 . . . . . . . . rs. 1953 No. 48
am. 1970 No. 116
R. 34 . . . . . . . . am. 1953 No. 48; 1957 No. 23
rs. 1970 No. 116
R. 35 . . . . . . . . rs. 1970 No. 116
R. 36 . . . . . . . . am. 1953 No. 48
rs. 1970 No. 116
R. 37 . . . . . . . . am. 1957 No. 23
R. 38 . . . . . . . . am. 1953 No. 48; 1966 No. 180
rep. 1970 No. 116
R. 38A . . . . . . . ad. 1953 No. 48
am. 1970 No. 116
R. 40 . . . . . . . . am. 1951 No. 156; 1953 No. 48; 1968 No. 8
R. 41 . . . . . . . . am. 1951 No. 156; 1953 No. 48
R. 43 . . . . . . . . am. 1953 No. 48
R. 44 . . . . . . . . am. 1953 No. 48; 1966 No. 180
Part VIII (r. 45) rep. 1957 No. 23
R. 45 . . . . . . . . am. 1953 No. 48
rep. 1957 No. 23
R. 46 . . . . . . . . am. 1953 No. 48
rs. 1957 No. 23
R. 47 . . . . . . . . am. 1953 No. 48; 1970 No. 116
R. 48 . . . . . . . . am. 1953 No. 48; 1956 No. 41; 1970 No. 116
R. 49 . . . . . . . . am. 1966 No. 180
Rr. 51, 52 . . . . . ad. 1951 No. 156
am. 1966 No. 180
R. 53 . . . . . . . . ad. 1953 No. 48
am. 1966 No. 180
The Schedule . . . . am. 1951 No. 156; 1953 No. 48; 1956 No. 41; 1957
No. 23; 1958 No. 79; 1965 No. 1
Heading to The
Schedule . . . . . . rep. 1966 No. 180
Heading to The
Schedules . . . . . . ad. 1966 No. 180
Heading to First
Schedule . . . . . . ad. 1966 No. 180
First Schedule . . . am. 1968 No. 8; 1970 No. 116
Second Schedule . . . ad. 1966 No. 180
-----------------------------------------------------------------------------
NATIONAL SERVICE REGULATIONS - TABLE OF PROVISIONS
TABLE
PART I-PRELIMINARY
Regulation
1. Citation
2. Parts
3. Interpretation
PART II-REGISTRATION
3A. Prescribed class of persons
4. Persons deemed to be in charge of incapable persons
5. Signature on behalf of incapable person
5A. Prescribed age for the purposes of section 16 (1) (a)
6. Form of registration
7. Manner of registering early
8. Certificate of registration
9. Completion, by signature, of certificate of registration
10. Custody of certificates of registration
11. Possession of certificates of registration issued to incapable
persons
12. Change of address of registered persons
12A. Incorrect address in certificate
13. Temporary change of address
14. Lost, destroyed and defaced certificates
15. Surrender of certificate by person presenting himself for service
16. Surrender of certificate by person not called up for service
17. Death of registered person
18. Definition of aboriginals
PART III-EXAMINATION AS TO FITNESS
19. Standards of medical fitness
20. Notification as to fitness
PART IV-OBLIGATION TO RENDER NATIONAL SERVICE
21. Liability of certain persons to render service until thirty years
of age
PART V-EXEMPTION FROM SERVICE
23. Prescribed physical or mental disabilities
24. Theological colleges and theological students
25. Application for certificate of exemption
26. Manner of making application
27. Reference to court
28. Grant of certificate of exemption
29. Signature on, production and surrender of, certificate of exemption
30. Notice of dismissal of application
PART VI-CONSCIENTIOUS OBJECTORS
31. Application for exemption on grounds of conscientious belief
32. Manner of making application
32A. Procedure where no application made
33. Forwarding of application or reference to court
34. Order of the court
35. Evidence
36. Copy of the order to be forwarded to the person and to the Registrar
37. Duties of persons liable for non-combatant duties
38A. Appeals under section 29C
PART VII-DEFERMENT OF SERVICE ON THE GROUNDS OF
EXCEPTIONAL HARDSHIP
39. Application for deferment of service
40. Manner of making application
41. Reference of application to court
42. Procedure
43. Order of the court
44. Signature on, production and surrender of, order
PART IX-MISCELLANEOUS
46. Volunteering for service under the Act
47. Representation
48. Fees and costs
49. False or misleading statements
50. Compliance with forms
51. Notification of place of living on return to Australia
52. Failure to leave Australia after permission has been granted
53. Time within which questions are to be answered
THE SCHEDULES
FIRST SCHEDULE
FORMS
SECOND SCHEDULE
FORM OF REGISTRATION
NATIONAL SERVICE REGULATIONS - PART I
PART I-PRELIMINARY
NATIONAL SERVICE REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the National Service Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
NATIONAL SERVICE REGULATIONS - REG 2
Parts
2. These Regulations are divided into Parts, as follows: Part I-Preliminary (Regulations 1-3)
Part II-Registration (Regulations 3A-18)
Part III-Examination as to Fitness (Regulations 19-20)
Part IV-Obligation to Render National Service (Regulation 21)
Part V-Exemption from Service (Regulations 23-30)
Part VI-Conscientious Objectors (Regulations 31-38A)
Part VII-Deferment of Service on the Grounds of Exceptional Hardship (Regulations 39-44)
Part IX-Miscellaneous (Regulations 46-53).
NATIONAL SERVICE REGULATIONS - REG 3
Interpretation
3. (1) In these Regulations, unless the contrary intention appears-
"District Employment Office" means a District Employment Office or a Branch Employment Office of the Commonwealth Employment Service established under the Re-establishment and Employment Act 1945;
"District Employment Officer" means the officer for the time being in charge of a District Employment Office;
"competent court of summary jurisdiction" means a court of summary jurisdiction constituted by a police, stipendiary or special magistrate;
"incapable person" means a person who is insane or so mentally or physically incapacitated as to be unable to comply with the requirements of the Act;
"registered person" means a person who is registered under the Act and-
(a) has not commenced to render service under the Act;
(aa) is not a person included in a class of persons prescribed for the purposes of sub-section (3) of section seventeen of the Act; and
(b) has not attained the age-
(i) of twenty-six years; or
(ii) in the case of a person included in the class of persons prescribed by regulation 21 of these Regulations-the age of thirty years;
"the Act" means the National Service Act 1951.(2) Any reference in these Regulations to a form by number shall be read as a reference to the form, so numbered, in the First Schedule to these Regulations.
NATIONAL SERVICE REGULATIONS - PART II
PART II-REGISTRATION
NATIONAL SERVICE REGULATIONS - REG 3A
Prescribed class of persons
3A. For the purposes of sub-paragraph (ii) of paragraph (a) of sub-section (1) of section 10 of the Act, a prescribed class of persons comprises male persons (being persons who are not British subjects) who are ordinarily resident in Australia except such a person who has permission to remain in Australia for a limited period only by reason of the fact that-
(a) he is the holder of, or is to be deemed to be included in, a temporary entry permit within the meaning of the Migration Act 1958-1966, being a temporary entry permit that is in force; or
(b) he is exempted, under sub-section (1) of section 8 of the Migration Act 1958-1966, from a requirement of Division 1 of Part II of that Act relating to entry permits or included in a class of persons so exempted.
NATIONAL SERVICE REGULATIONS - REG 4
Persons deemed to be in charge of incapable persons
4. For the purpose of sub-section (3) of section 11 of the Act and of these Regulations the person deemed to be in charge of an incapable person is-
(a) in the case of an incapable person who is a patient in or an inmate of a hospital, asylum or institution-the chief resident officer or other person for the time being in charge of the hospital, asylum or institution; or
(b) in any other case-any person for the time being having the actual custody, care or control of an incapable person.
NATIONAL SERVICE REGULATIONS - REG 5
Signature on behalf of incapable person
5. A person complying on behalf of an incapable person with the requirements of the Act or of these Regulations shall, when signing on behalf of the incapable person, write immediately below his signature the name of the incapable person and the reason for which the incapable person does not sign personally.
NATIONAL SERVICE REGULATIONS - REG 5A
Prescribed age for the purposes of section 16 (1) (a)
5A. For the purposes of paragraph (a) of sub-section (1) of section 16 of the Act, the prescribed age is eighteen years and nine months.
NATIONAL SERVICE REGULATIONS - REG 6
Form of registration
6. For the purposes of section 13 of the Act, the form of registration is a form specifying the particulars set out in the Second Schedule to these Regulations and made available by the Department of Labour and National Service for the purpose of enabling persons to register under the Act.
NATIONAL SERVICE REGULATIONS - REG 7
Manner of registering early
7. (1) A male person who desires to apply to be registered under the Act by virtue of section 16 of the Act shall-
(a) obtain, or cause to be obtained, a form of registration specifying the particulars set out in the Second Schedule to these Regulations and made available by the Department of Labour and National Service for the purpose of enabling persons to register under the Act;
(b) fill in and supply in the form, in accordance with the instructions contained in or accompanying the form, all the particulars specified in the form;
(c) sign the form; and
(d) deliver the form to, or post the form addressed to, the Registrar at a National Service Registration Office.
(2) If a Registrar is not satisfied that an application under section 16 of the Act should be granted, he shall notify the applicant accordingly.
NATIONAL SERVICE REGULATIONS - REG 8
Certificate of registration
8. A certificate of registration under the Act shall be in accordance with Form 2.
NATIONAL SERVICE REGULATIONS - REG 9
Completion, by signature, of certificate of registration
9. (1) A registered person shall, immediately upon receipt of his certificate of registration, complete the certificate by inserting his signature in the space provided for that purpose. (2) If a registered person is an incapable person, the person who is deemed to be in charge of the incapable person shall secure, if possible, that the certificate is signed by the person to whom it relates or, if this is not possible, he shall sign on behalf of the incapable person.
Penalty: Twenty dollars.
NATIONAL SERVICE REGULATIONS - REG 10
Custody of certificates of registration
10. The person to whom a certificate of registration relates or the person who is deemed to be in charge of that person shall, subject to these Regulations, be responsible for the custody of the certificate of registration.
NATIONAL SERVICE REGULATIONS - REG 11
Possession of certificates of registration issued to incapable persons
11. (1) Where a registered person becomes an incapable person, the person who is deemed to be in charge of the incapable person shall endeavour to obtain possession of the certificate of registration relating to the incapable person, and shall be entitled to possession of that certificate. (2) Where a registered person who is an incapable person ceases to be an incapable person, the person having the custody of the registered person's certificate of registration shall forthwith deliver it to him.
(3) Where a registered person who is an incapable person passes from the charge of one person to the charge of another person, the person having the custody of the incapable person's certificate of registration shall forthwith deliver it to that other person.
Penalty: Twenty dollars.
NATIONAL SERVICE REGULATIONS - REG 12
Change of address of registered persons
12. (1) A registered person who, before he receives his certificate of registration, changes his place of living from that shown in his form of registration shall notify in writing the address of his new place of living to the Registrar at the National Service Registration Office to which his form of registration was addressed or delivered. (2) A registered person who, after he receives his certificate of registration, changes his place of living from that shown in his certificate of registration shall insert the address of his new place of living in the space provided for the purpose in his certificate of registration and shall deliver the certificate of registration to, or post it addressed to, the Registrar at the National Service Registration Office from which it was issued.
NATIONAL SERVICE REGULATIONS - REG 12A
Incorrect address in certificate
12A. (1) A registered person whose place of living is not at the address shown in a certificate of registration issued to him shall, within thirty days after receiving the certificate of registration, insert the correct address of his place of living in the space provided for the purpose in the certificate of registration and shall deliver the certificate of registration to, or post it addressed to, the Registrar at the National Service Registration Office from which it was issued. Penalty: Twenty dollars.
(2) Upon compliance by a person with the requirements of the last preceding sub-regulation, the Registrar shall issue to that person a certificate of registration showing his correct address.
NATIONAL SERVICE REGULATIONS - REG 13
Temporary change of address
13. A registered person who is temporarily absent from his place of living shall make arrangements to ensure that postal communications addressed to him at his registered address and marked "National Service" reach him without undue delay and that, as far as is practicable, his actual address for the time being is ascertainable upon inquiry at his registered address. Penalty: Twenty dollars.
NATIONAL SERVICE REGULATIONS - REG 14
Lost, destroyed and defaced certificates
14. (1) When a certificate of registration is lost, destroyed or defaced, the person responsible for the custody of the certificate shall forthwith notify the fact to the Registrar at the National Service Registration Office from which it was issued. Penalty: Twenty dollars.
(1AA) It is a defence to a prosecution for a failure to comply with the last preceding sub-regulation if the person charged proves that he notified the fact that his certificate of registration had been lost, destroyed or defaced to a District Employment Officer.
(1A) The Registrar may require a person who gives a notification in accordance with sub-regulation (1) of this regulation-
(a) to make a declaration as to the circumstances of the loss, destruction or defacement; and
(b) to fill in and sign an application in a form approved by the Secretary for the issue of a duplicate certificate of registration.(2) Upon compliance with the last preceding sub-regulation, the Registrar shall, if he sees fit, take such steps as are necessary for the issue of a duplicate certificate of registration.
(3) Unless the Registrar otherwise determines, a fee of Twenty-five cents shall be payable by a person to whom a duplicate certificate of registration is issued.
(4) In the case of a certificate which has been defaced, a duplicate certificate shall not be issued unless the original certificate has been returned to the Registrar.
(5) Where a notification under sub-regulation (1) of this regulation is given to a District Employment Officer, the District Employment Officer may exercise any of the powers conferred on a Registrar by this regulation.
NATIONAL SERVICE REGULATIONS - REG 15
Surrender of certificate by person presenting himself for service
15. When a registered person presents himself for service in accordance with a notice served on him under section 26 of the Act, he shall deliver his certificate of registration to the authority to which he is required by the notice to present himself or a person authorized by that authority to receive it. Penalty: Twenty dollars.
NATIONAL SERVICE REGULATIONS - REG 16
Surrender of certificate by person not called up for service
16. (1) When a person who is not called up for service in accordance with section 26 of the Act attains the age of twenty-six years or, in the case of a person included in the class of persons prescribed by regulation 21 of these Regulations, the age of thirty years, he shall, within fourteen days after attaining that age, post or deliver his certificate of registration to the Registrar at the National Service Registration Office from which it was issued. Penalty: Twenty dollars.
(2) It is a defence to a prosecution for a failure to comply with the last preceding sub-regulation if the person charged proves that he posted or delivered his certificate of registration to a District Employment Officer.
NATIONAL SERVICE REGULATIONS - REG 17
Death of registered person
17. Upon the death of a registered person, the person having, or entitled to, possession of the certificate of registration of the deceased person shall post or deliver the certificate to the Registrar at the National Service Registration Office from which it was issued or to a District Employment Officer.
NATIONAL SERVICE REGULATIONS - REG 18
Definition of aboriginals
18. For the purposes of section 18 of the Act, an aboriginal native of Australia means-
(a) a full-blooded aboriginal native of Australia;
(b) a person who is a half-caste aboriginal native of Australia or has an admixture of aboriginal blood greater than a half-caste; or
(c) a person who has an admixture of aboriginal blood and lives as an aboriginal native or amongst aborigines.
NATIONAL SERVICE REGULATIONS - PART III
PART III-EXAMINATION AS TO FITNESS
NATIONAL SERVICE REGULATIONS - REG 19
Standards of medical fitness
19. Each person who is examined by a Medical Board shall be classified by that Board, or by a Reviewing Medical Authority appointed by the Secretary, into one of the following classes: Class A-Medically fit for all service duties.
Class B-Medically unfit, for reasons of a temporary nature, for all service
duties.
Class C-Medically unfit, otherwise than for reasons of a temporary nature, for
all service duties.
NATIONAL SERVICE REGULATIONS - REG 20
Notification as to fitness
20. Where a person has been examined under Part III of the Act, the Secretary shall notify that person in writing whether he has been found fit or unfit for service under the Act.
NATIONAL SERVICE REGULATIONS - PART IV
PART IV-OBLIGATION TO RENDER NATIONAL SERVICE
NATIONAL SERVICE REGULATIONS - REG 21
Liability of certain persons to render service until thirty years of age
21. The following classes of persons are prescribed classes of persons for the purposes of paragraph (d) of sub-section (1) of section 25 of the Act: (a) persons who are undergoing or about to undergo a course of study or training and whose liability to render service under the Act has been deferred for a period that will not expire before they attain the age of twenty-six years;
(b) members of the Citizen Naval Forces, the Citizen Military Forces and the Citizen Air Force whose liability to render service under the Act has been deferred for a period that will not expire before they attain the age of twenty-six years; and
(c) persons (other than persons who were, at the time when they attained the age of twenty-six years, exempt from liability to render service under the Act or persons who have been notified by the Secretary in accordance with regulation 20 of these Regulations that they have been found unfit for service under the Act) who have not commenced to render service under the Act and have not been granted a deferment of indefinite duration of their liability to render that service.
NATIONAL SERVICE REGULATIONS - PART V
PART V-EXEMPTION FROM SERVICE
NATIONAL SERVICE REGULATIONS - REG 23
Prescribed physical or mental disabilities
23. A person who is-
(a) totally blind;
(b) a deaf mute;
(c) without a hand or a foot;
(d) so crippled as to require the permanent use of an artificial aid;
(e) subject to a physical or mental disability in respect of which he is in receipt of an invalid pension under the Social Services Consolidation Act
1947-1952*2* (whether in respect of defective vision or otherwise) or a pension under sub-section (4) of section 39 of the Repatriation Act 1920-1952;
(f) subject to a mental disability in respect of which he is detained in or is a voluntary patient in any hospital, reception house, licensed house or other place, appointed or licensed under the law of any State for the reception of the insane; or
(g) suffering from tuberculosis for which he is undergoing treatment in a hospital or sanitarium or in respect of which an allowance is being paid under section 9 of the Tuberculosis Act 1948,
is a person subject to a prescribed physical or mental disability, as the case requires, for the purposes of paragraph (a) of sub-section (1) of section 29 of the Act.*2* R. 23-Now cited as the Social Security Act 1947.
NATIONAL SERVICE REGULATIONS - REG 24
Theological colleges and theological students
24. For the purposes of paragraph (c) of sub-section (1) of section 29 of the Act-
(a) institutions maintained solely for the instruction of students in the duties of a minister of religion are theological colleges; and
(b) persons whose time is wholly or substantially devoted to a course of instruction in the duties of a minister of religion, whether at a theological college or not, and whether or not the course of instruction for those duties is combined with a course of instruction for the duties of a school teacher, are theological students.
NATIONAL SERVICE REGULATIONS - REG 25
Application for certificate of exemption
25. A person who considers himself to be exempt from liability to render service under the Act by virtue of section 29 of the Act and-
(a) being a registered person who has been informed in writing by the Secretary that he is not, in the opinion of the Secretary, exempt from liability to render that service or has been served with a notice requiring him to submit himself for medical examination under section 19 of the Act; or
(b) being a person who has commenced that service, has been informed by his Commanding Officer that he is not, in the opinion of the Commanding Officer, exempt from liability to render that service,
may make an application for a certificate of exemption.
NATIONAL SERVICE REGULATIONS - REG 26
Manner of making application
26. (1) An application for a certificate of exemption shall be in accordance with Form 4 and shall be posted or delivered-
(a) if the applicant is a registered person-to the Registrar at the National Service Registration Office from which his certificate of registration was issued; or
(b) if the applicant is a person who has commenced to render service under the Act-to his Commanding Officer.(2) The matters relied on in support of the application shall be set out in full in the application.
NATIONAL SERVICE REGULATIONS - REG 27
Reference to court
27. (1) On receipt of an application under this Part, the Commanding Officer shall forward it to the Registrar at the National Service Registration Office for the State or Territory in which the applicant resides. (2) On receipt of an application under this Part, the Registrar shall forward it to the clerk of a competent court of summary jurisdiction who shall arrange for the application to be set down for hearing by the court.
(3) The clerk of the court shall give to the Registrar and to the applicant not less than seven days' notice in writing in accordance with Form 5 of the date, time and place fixed for the hearing of the application.
NATIONAL SERVICE REGULATIONS - REG 28
Grant of certificate of exemption
28. (1) If, upon the hearing of an application referred to it in accordance with the last preceding regulation, the court is satisfied that the applicant is exempt from liability to render service under the Act, the court shall issue to the applicant a certificate of exemption in accordance with Form 6, but, if the court is not so satisfied, it shall dismiss the application. (2) The clerk of the court shall, within seven days after the date of the grant of a certificate of exemption, forward a copy of the certificate to the Registrar who forwarded the application to the court.
NATIONAL SERVICE REGULATIONS - REG 29
Signature on, production and surrender of, certificate of exemption
29. A person to whom a certificate of exemption has been granted in accordance with the last preceding regulation shall-
(a) complete the certificate by inserting his signature in the space provided for that purpose;
(b) produce the certificate to an authorized person when required to do so by the authorized person; and
(c) upon the cessation of the employment, condition or status on which the exemption is based, furnish notification in writing of the fact to the Registrar at the National Service Registration Office from which his certificate of registration was issued or, if he is a person who has commenced to render service under the Act, to his Commanding Officer and surrender his certificate of exemption to the Registrar or his Commanding Officer.Penalty: Fifty dollars or imprisonment for three months.
NATIONAL SERVICE REGULATIONS - REG 30
Notice of dismissal of application
30. If, upon the hearing of an application referred to it under regulation 27 of these Regulations, the court, not being satisfied that the applicant is exempt from liability to render service under the Act, dismisses the application, the clerk of the court shall, within seven days after the date of the dismissal, forward notice in writing of the dismissal to the Registrar who forwarded the application to the court.
NATIONAL SERVICE REGULATIONS - PART VI
PART VI-CONSCIENTIOUS OBJECTORS
NATIONAL SERVICE REGULATIONS - REG 31
Application for exemption on grounds of conscientious belief
31. If a person claims-
(a) to be exempt, by virtue of sub-section (1) of section 29A of the Act, from liability to render service under the Act; or
(b) to be a person to whom sub-section (2) of that section applies,
he may make application for the question whether he is so exempt or is such a person to be heard and decided by a competent court of summary jurisdiction.
NATIONAL SERVICE REGULATIONS - REG 32
Manner of making application
32. (1) An application under this Part shall be in accordance with Form 7 and shall be posted or delivered-
(a) if the applicant is a registered person or is required to register under the Act but is not registered-to the Registrar at a National Service Registration Office; or
(b) if the applicant is a person who has commenced to render service under the Act-to his Commanding Officer.(2) The matters relied on in support of the application shall be set out in the application.
NATIONAL SERVICE REGULATIONS - REG 32A
Procedure where no application made
32A. Where a question has arisen, whether as a result of an oral or written statement by a person or otherwise, whether-
(a) a person is exempt, by virtue of sub-section (1) of section 29A of the Act, from liability to render service under the Act; or
(b) a person is a person to whom sub-section (2) of that section applies,
and the person has not made an application under regulation 31 of these Regulations in relation to that question, the Minister may direct the Registrar at a National Service Registration Office to refer the question to a competent court of summary jursidiction for hearing and decision.
NATIONAL SERVICE REGULATIONS - REG 33
Forwarding of application or reference to court
33. (1) Upon receipt of an application made under this Part, the Commanding Officer shall forward it to the Registrar at the National Service Registration Office for the State or Territory in which the applicant resides. (2) Upon receipt of an application made under this Part, the Registrar shall forward it to the clerk of a competent court of summary jurisdiction who shall arrange for the application to be set down for hearing by the court.
(2A) Where a direction has been given to a Registrar under the last preceding regulation, the Registrar shall refer the question to which the direction relates to a competent court of summary jurisdiction by forwarding a reference in accordance with Form 7A to the clerk of that court, who shall arrange for the reference to be set down for hearing by the court.
(3) The clerk of the court shall give to the Registrar and to the applicant or the person to whom the reference relates, as the case may be, not less than seven days' notice in writing in accordance with Form 8 of the date, time and place fixed for the hearing.
(4) Where a Registrar has received an application made under this Part or a direction has been given to a Registrar under the last preceding regulation-
(a) the Registrar may, with the consent of the person by whom the application was made or to whom the direction relates, postpone the forwarding of the application, or of a reference in pursuance of the direction, to the clerk of a competent court of summary jurisdiction until the expiration of any period for which the person has been granted a deferment of his liability to render service under the Act or until his physical or mental fitness or capacity for service under the Act has been determined; and
(b) if the person has been notified by the Secretary in accordance with regulation 20 of these Regulations that he has been found unfit for service under the Act or has been granted a deferment of indefinite duration of his liability to render service under the Act-the Registrar is not required to forward the application, or a reference in pursuance of the direction, to the clerk of a competent court of summary jurisdiction unless the person requests him to do so.
NATIONAL SERVICE REGULATIONS - REG 34
Order of the court
34. Upon the hearing of an application or reference made under this Part-
(a) if the court finds that the person who made the application or to whom the reference relates holds conscientious beliefs that do not allow him to engage in any form of military service-the court shall make an order in relation to the person in accordance with Form 9 stating its finding and declaring that the person is, by virtue of sub-section (1) of section 29A of the National Service Act 1951-1968, exempt from liability to render service under that Act;
(b) if the court finds that the person holds conscientious beliefs that do not allow him to engage in military duties of a combatant nature but allow him to engage in military duties of a non-combatant nature-the court shall make an order in relation to the person in accordance with Form 10 stating its finding and declaring that the person is a person to whom sub-section (2) of section 29A of the National Service Act 1951-1968 applies; or
(c) if the Court finds that the person does not hold conscientious beliefs that do not allow him to engage in any form of military service, or that the person does not hold conscientious beliefs that do not allow him to engage in military duties of a combatant nature but allow him to engage in military duties of a non-combatant nature-the Court shall make an order in relation to the person in accordance with Form 11 stating its finding.
NATIONAL SERVICE REGULATIONS - REG 35
Evidence
35. A court shall, in deciding a question to which an application or reference under this Part relates, have regard (in addition to all other relevant considerations) to the extent to which the evidence of the person by whom the application was made or to whom the reference relates is corroborated, to the period during which the person claims to have held his conscientious beliefs and to the circumstances in which he claims to have formed those beliefs and to have continued to hold them, but the court may, if it thinks fit, accept the evidence of the person, whether it is corroborated or not.
NATIONAL SERVICE REGULATIONS - REG 36
Copy of the order to be forwarded to the person and to the Registrar
36. The clerk of the court shall, within seven days after the making of an order under this Part, forward a copy of the order to the person to whom the order relates and to the Registrar who forwarded the application or reference to the court.
NATIONAL SERVICE REGULATIONS - REG 37
Duties of persons liable for non-combatant duties
37. The Military Board shall make arrangements for securing that a person in respect of whom an order in accordance with Form 10 has been made shall be employed only in the duties specified in the order.
NATIONAL SERVICE REGULATIONS - REG 38A
Appeals under section 29C
38A. (1) An appeal under section 29C of the Act shall be instituted by filing with the Registrar or other proper officer of a court of review a notice of appeal which shall-
(a) in the case of an appeal by a person other than the Minister-be in accordance with Form 11A; or
(b) in the case of an appeal by the Minister-be in accordance with Form 11B.(2) The appeal shall be set down for hearing at the first sittings of the court of review commencing after the expiration of fourteen days after the date on which the notice of appeal is filed.
(3) The appellant shall, within seven days after the filing of the notice of appeal, cause a copy of the notice of appeal to be served on the clerk of the court of summary jurisdiction from the decision of which the appeal has been made and-
(a) in the case of an appeal by a person other than the Minister-on the Registrar at the National Service Registration Office in the State or Territory of the Commonwealth in which the appellant resides; or
(b) in the case of an appeal by the Minister-on the person who made the application to the court of summary jurisdiction or to whom the reference to the court of summary jurisdiction related.(4) If the respondent intends to appear on the hearing of the appeal, he shall, within seven days after the service of the notice of appeal, file in the court of review a notice of intention to appear on the hearing of the appeal which shall be in accordance with Form 11C.
(5) The respondent shall cause a copy of the notice to be served on the appellant.
(6) The appellant shall within three days before the commencement of the sittings at which the appeal is set down for hearing file with the Registrar or other proper officer of the court of review a copy of-
(a) the application or reference made to the court of summary jurisdiction;
(b) the evidence given on the hearing of the application or reference; and
(c) the decision of the court of summary jurisdiction and the reasons for the decision.(6A) Subject to any order by the court of review under sub-section (6) of section 29C of the Act, on the hearing of an appeal under section 29C of the Act the appellant and the respondent may call evidence.
(7) Except as provided by this regulation, the practice and procedure of the court of review with respect to civil actions apply to and in relation to appeals under section 29C of the Act in so far as they are applicable.
NATIONAL SERVICE REGULATIONS - PART VII
PART VII-DEFERMENT OF SERVICE ON THE GROUNDS OF EXCEPTIONAL
HARDSHIP
NATIONAL SERVICE REGULATIONS - REG 39
Application for deferment of service
39. A registered person who has been notified under regulation 20 of these Regulations that he is fit for service and claims that the rendering of service under the Act by him would impose exceptional hardship upon him or upon his parents or dependants may make application in accordance with Form 12 for deferment under sub-section (4) of section 31 of the Act of his liability to render that service.
NATIONAL SERVICE REGULATIONS - REG 40
Manner of making application
40. (1) The applicant shall post or deliver the form of application to the Registrar at the National Service Registration Office from which his certificate of registration was issued or to a District Employment Officer. (2) The application shall be posted or delivered so as to reach the Registrar or District Employment Officer not later than-
(a) where the applicant has, before the commencement of this sub-regulation, been notified under regulation 20 of these Regulations that he is fit for service-fourteen days after that commencement;
(b) where the applicant is, after the commencement of this sub-regulation, notified under regulation 20 of these Regulations that he is fit for service-fourteen days after the date on which he receives, or, is deemed to have received, the notification; or
(c) where the applicant is a person whose liability to render service under the Act has been deferred under sub-section (4) of section 31 of the Act-fourteen days before the expiration of the period for which his liability to render service has been deferred.
(3) A registered person who claims that the rendering of service under the Act by him would impose exceptional hardship upon him or upon his parents or dependants and that-
(a) the grounds upon which his claim is based had not come into existence at the time within, or before, which, under the last preceding sub-regulation, his application was required to be posted or delivered; or
(b) an application under this Part could not reasonably have been posted or delivered within, or before, that time,
may make application in accordance with Form 12 for deferment under sub-section (4) of section 31 of his liability to render service under the Act.(4) The matters on which the applicant relies to support his application shall be set out in full in the form of application and, where the application is made under the last preceding sub-regulation, the applicant shall furnish in that form a statement showing that-
(a) the grounds upon which his claim is based had not come into existence at the time within which, or before which, his application was required under sub-regulation (2) of this regulation to be posted or delivered; or
(b) the application could not reasonably have been posted or delivered within, or before, that time.
NATIONAL SERVICE REGULATIONS - REG 41
Reference of application to court
41. (1) On receipt of an application made under this Part, the District Employment Officer shall-
(a) forward the application to the Registrar at the National Service Registration Office for the State or Territory in which the applicant resides; or
(b) if the Registrar so directs, forward the application to the clerk of a competent court of summary jurisdiction.
(1A) If an application is forwarded to the Registrar, the Registrar shall forward the application to the clerk of a competent court of summary jurisdiction.
(1B) The clerk of the court to whom an application is forwarded shall arrange for the application to be set down for hearing.
(2) The clerk of the court shall give to the Registrar or District Employment Officer from whom he received the application and the applicant not less than-
(a) in the case of an application made within, or before, the time specified in sub-regulation (2) of regulation 40 of these Regulations-seven days' notice of the date, time and place fixed for the hearing of the application; or
(b) in the case of an application made in accordance with sub-regulation (3) of that regulation-three days' notice of the date, time and place fixed for the hearing of the application.
NATIONAL SERVICE REGULATIONS - REG 42
Procedure
42. The procedure with respect to the hearing of an application under sub-section (4) of section 31 of the Act shall be as nearly as possible in accordance with the procedure of a court of petty sessions in civil matters.
NATIONAL SERVICE REGULATIONS - REG 43
Order of the court
43. (1) If, upon the hearing of an application under sub-section (4) of section 31 of the Act, the court is satisfied that the rendering of service by the applicant should be deferred, the court may, by order in accordance with Form 14, defer the liability of the applicant to render service under the Act, but, if not so satisfied, the court shall dismiss the application. (2) The clerk of the court shall, within seven days after the making of an order under this Part, forward a copy of the order to the applicant and to the District Employment Officer or the Registrar who forwarded the application to the court.
(3) If the court dismisses the application, the clerk of the court shall, within seven days after the date of dismissal, forward notice in writing of the dismissal to the District Employment Officer or the Registrar who forwarded the application to the court.
NATIONAL SERVICE REGULATIONS - REG 44
Signature on, production and surrender of, order
44. A person in respect of whom an order has been made in accordance with Form 14 shall-
(a) upon receipt of the copy of the order, insert his signature in the space provided for that purpose in the copy of the order;
(b) produce the copy of the order to an authorized person when required to do so by the authorized person; and
(c) upon the cessation of the ground upon which the order was made forward notification of the fact to the Registrar at the National Service Registration Office from which his certificate of registration was issued and surrender the copy of the order to the Registrar.Penalty: Fifty dollars or imprisonment for three months.
NATIONAL SERVICE REGULATIONS - PART IX
PART IX-MISCELLANEOUS
NATIONAL SERVICE REGULATIONS - REG 46
Volunteering for service under the Act
46. (1) This regulation applies to a person-
(a) who is exempt from liability to register or to render service under the Act; or
(b) whose liability to render service under the Act is deferred under section 31 of the Act.(2) A person to whom this regulation applies may request the Secretary to call him up for service limited to duties of a non-combatant nature only or for service not so limited.
(3) A person shall be deemed not to have made a request under this regulation unless the request is made in writing addressed to the Secretary and is posted or delivered to the Registrar at the National Service Registration Office from which the person's certificate of registration was issued or, if the person is exempt from liability to register under the Act, to the Registrar at the National Service Registration Office for the State or Territory of the Commonwealth in which the person resides.
(4) Where the Secretary grants a request made by a person under this regulation, the person shall be deemed to have been accepted for service under the Act, and the Secretary shall notify the person accordingly.
(5) Where the Secretary grants a request made under this regulation by a person in respect of whom an order has been made exempting him from liability to serve under the Act, the person may, notwithstanding that order, be called up for service under the Act in accordance with his request.
NATIONAL SERVICE REGULATIONS - REG 47
Representation
47. At the hearing of an application or reference under these Regulations or an appeal under section 29C of the Act-
(a) the Minister shall be entitled to be represented as a party;
(b) the Minister may be represented by counsel, solicitor or an officer of the Department; and
(c) the person by whom the application was made or to whom the reference related is a party and may be represented by counsel, solicitor or duly authorized agent.
NATIONAL SERVICE REGULATIONS - REG 48
Fees and costs
48. (1) No court fees shall be chargeable in respect of applications or references under these Regulations. (2) No costs shall be allowed by the court in any proceedings under the Act or these Regulations not being proceedings for an offence against the Act or these Regulations.
NATIONAL SERVICE REGULATIONS - REG 49
False or misleading statements
49. A person shall not, in any application, declaration, form or other document furnished for the purposes of the Act or these Regulations, make a statement, or furnish information, which is false or misleading. Penalty: Fifty dollars or imprisonment for three months.
NATIONAL SERVICE REGULATIONS - REG 50
Compliance with forms
50. Strict compliance with the forms in the Schedule to these Regulations shall not be necessary, and substantial compliance with those forms shall be sufficient.
NATIONAL SERVICE REGULATIONS - REG 51
Notification of place of living on return to Australia
51. When a person who leaves Australia with the written permission of the Secretary under section 56 of the Act returns to Australia, that person shall, within fourteen days after he returns, insert the address of his place of living in the space provided for that purpose in the written permission and deliver the written permission to, or post it addressed to, the Registrar at the National Service Registration Office from which it was issued. Penalty: Twenty dollars.
NATIONAL SERVICE REGULATIONS - REG 52
Failure to leave Australia after permission has been granted
52. A person who has received the written permission of the Secretary to leave Australia and does not leave Australia prior to the date specified in the permission shall, immediately after that date, deliver it to, or post it addressed to, the Registrar at the National Service Registration Office from which it was issued. Penalty: Twenty dollars.
NATIONAL SERVICE REGULATIONS - REG 53
Time within which questions are to be answered
53. Where the Secretary has required a person to answer a question or to furnish information by a notice in writing under section 52 of the Act, that person shall answer the question or furnish the information within fourteen days after service of the notice. Penalty: Twenty dollars.
----------------
NATIONAL SERVICE REGULATIONS - SCHEDULE 1 SCH
THE SCHEDULES
SCHEDULE 1
FORM 2
Section 15
Regulation 8
(Front of Form)
National Service Act 1951-19
CERTIFICATE OF REGISTRATION
------------------------------------------------------------------------------ --
Name Registration No.
Address Date
------------------------------------------------------------------------------ --
Usual signature of registered person
(Back of Form)
If your place of living is not as
shown on the other side of this card,
writeyour correct address in the space
below. If your place of living changes
in the future, write your new address
in the space below. To-
Registrar-
National Service Registration
Office, Department of Labour and
National Service.
--------
FORM 4
Section 29
Regulation 26
National Service Act 1951-19
APPLICATION FOR CERTIFICATE OF EXEMPTION
To the Registrar at the National Service Registration Office at ,
or
To the Commanding Officer of ,
I,(a) of(b) ,
in pursuance of regulation 25 of the National Service Regulations, hereby make
application for a certificate of exemption from liability to render service
under the National Service Act 1951-1957.
I intend to rely on the following matters in support of my application:
Dated this day of , 19 .
Signature of Applicant.
(a) Insert full name of applicant.
(b) Insert address and occupation of applicant.
--------
FORM 5
Regulation 27
National Service Act 1951
NOTICE OF HEARING OF APPLICATION FOR CERTIFICATE OF EXEMPTION
Take notice that the application made by(a)
of(b) , for a certificate of exemption from liability to render
service under the National Service Act 1951 will be heard before
at
on the day of , 19 , at o'clock in the
noon.
Dated this day of , 19 .
Clerk of .
To the Registrar and the above-mentioned applicant.
(a) Insert full name of applicant.
(b) Insert his address and occupation.
--------
FORM 6
Section 29
Regulation 28
National Service Act 1951
CERTIFICATE OF EXEMPTION FROM LIABILITY TO RENDER SERVICE
In pursuance of sub-regulation (1) of regulation 28 of the National Service
Regulations,
I hereby certify that(a) ,
of(b) is, by virtue of section 29 of the
National Service Act 1951, exempt from liability to render service under
the Act.
Dated this day of , 19 .
Signature of Magistrate.
Name of Court.
Signature of registered person.
(a) Insert full name of registered person.
(b) Insert his address and occupation.
--------
FORM 7
Section 29A
Regulation 32
National Service Act 1951-19
APPLICATION FOR DETERMINATION OF QUESTION WHETHER A PERSON IS A
CONSCIENTIOUS OBJECTOR
To the Registrar at the National Service Registration Office at .
To the Commanding Officer of .
I,(a) , of(b) , in
pursuance of regulation 31 of the National Service Regulations, hereby-
*(a) claim that I hold conscientious beliefs that do not allow me to engage
in any form of military service and apply for hearing and decision by a
competent court of summary jurisdiction of the question whether I am, by virtue
of sub-section (1) of section 29A of the National Service Act 1951- ,
exempt from liability to render service under that Act,
*(b) claim that I hold conscientious beliefs that do not allow me to engage
in military duties of a combatant nature but allow me to engage in military
duties of a non-combatant nature and apply for hearing and decision by a
competent court of summary jurisdiction of the question whether I am a person to
whom sub-section (2) of section 29A of the National Service Act 1951-
applies,
and I submit the following facts in support of my application:
Dated this day of , 19 .
Signature of Applicant.
(a) Insert full name of applicant.
(b) Insert address of applicant.
*Strike out paragraph (a) or (b), whichever is inapplicable.
--------
FORM 7A
Section 29A
Regulation 33
National Service Act 1951-19
REFERENCE OF QUESTION WHETHER A PERSON IS A CONSCIENTIOUS
OBJECTOR
To the Clerk of(a) .
In pursuance of a direction by the Minister for Labour and National Service
under regulation 32A of the National Service Regulations, I hereby refer to(a)
for hearing and decision the question whether(b)
of(c) -
*(a) is, by virtue of sub-section (1) of section 29A of the National
Service Act 1951-19 , exempt from liability to render service under that
Act.
*(b) is a person to whom sub-section (2) of section 29A of the National
Service Act 1951-19 applies.
Dated this day of , 19 .
Registrar
National Service Registration
office at .
(a) Insert name of court.
(b) Insert full name of person to whom reference relates.
(c) Insert his address.
*Strike out paragraph (a) or (b), whichever is inapplicable.
--------
FORM 8
Regulation 33
National Service Act 1951-19
NOTICE OF HEARING OF QUESTION WHETHER A PERSON IS A CONSCIENTIOUS
OBJECTOR
Take notice that the application (or reference) in
relation to the conscientious beliefs of(a)
of (b)
will be heard before at
on the day of , 19 , at o'clock in the
noon.
Dated this day of , 19 .
Clerk of
To the Registrar at the
National Service Registration
Office at
and to the above-named
person.
(a) Insert full name of person by whom application made or to whom reference
relates.
(b) Insert his address.
--------
FORM 9
Regulation 34
National Service Act 1951-19
ORDER OF EXEMPTION FROM LIABILITY TO RENDER SERVICE ON THE
GROUND OF CONSCIENTIOUS BELIEF
Upon hearing the application (or reference) in
relation to the conscientious beliefs of(a) of(b) ,
I find that he holds conscientious beliefs that do not allow him to engage in
any form of military service and I declare that he is, by virtue of sub-section
(1) of section 29A of the National Service Act 1951-19 , exempt from liability
to render service under that Act.
Dated this day of , 19 .
Signature of Magistrate or Judge.
Name of Court.
(a) Insert full name of person by whom application made or to whom reference
relates.
(b) Insert his address.
--------
FORM 10
Regulation 34
National Service Act 1951-19
ORDER OF EXEMPTION FROM LIABILITY TO ENGAGE IN MILITARY DUTIES OF A
COMBATANT NATURE
Upon hearing the application (or reference) in
relation to the conscientious beliefs of(a) of(b) , I
find that he holds conscientious beliefs that do not allow him to engage in
military duties of a combatant nature but allow him to engage in military duties
of a non-combatant nature and I declare that he is a person to whom sub-section
(2) of section 29A of the National Service Act 1951-19 applies.
Dated this day of , 19 .
Signature of Magistrate or Judge.
Name of Court.
(a) Insert full name of person by whom application made or to whom reference
relates.
(b) Insert his address.
--------
FORM 11
Regulation 34
National Service Act 1951-19
ORDER THAT PERSON IS NOT A CONSCIENTIOUS OBJECTOR
Upon hearing the application (or reference) in
relation to the conscientious beliefs of(a)
of(b) , I find that-
*(a) he does not hold conscientious beliefs that do not allow him to engage in
any form of military service.
*(b) he does not hold conscientious beliefs that do not allow him to engage in
military duties of a combatant nature but allow him to engage in military duties
of a non-combatant nature.
*(c) he does not hold conscientious beliefs that do not allow him to engage in
any form of military service and he does not hold conscientious beliefs that do
not allow him to engage in military duties of a combatant nature but allow him
to engage in military duties of a non-combatant nature.
Dated this day of , 19 .
Signature of Magistrate or Judge.
Name of Court.
(a) Insert full name of person by whom application made or to whom reference
relates.
(b) Insert his address.
* Strike out whichever of paragraphs (a), (b) and (c) are not required.
--------
FORM 11A
Regulation 38A (1)
NOTICE OF APPEAL
In the Court
In the matter of the National Service Act 1951-1953.
And in the Matter of an Appeal between Appellant.
and
The Minister of State for Labour and National Service.
Respondent.
I, of , hereby give
notice of appeal to the Court at
at the sittings commencing on the day of 19 , against the decision
of the
court of summary jurisdiction at given on the day of ,
19 , in relation to me under section 29B of the National Service Act
1951-19 .
The grounds of appeal are-
My address for service of all notices, orders or proceedings in this appeal is
Dated this day of , 19 .
Appellant or Solicitor for the Appellant.
--------
FORM 11B
Regulation 38A (1)
NOTICE OF APPEAL
In the Court
In the matter of the National Service Act 1951-1953.
And in the Matter of an Appeal between The Minister of State for Labour and
National Service.
Appellant.
and
Respondent.
I hereby give notice of appeal to the Court
at the sittings commencing on the day of , 19 ,
against the decision of the court of summary jurisdiction at given on
the
day of , 19 , in relation to the abovenamed
under section 29B of the National Service Act 1951-19 .
The grounds of appeal are-
My address for service of all notices, orders or proceedings in this appeal is
Dated this day of , 19 .
Minister of State for Labour and National
Service or Solicitor for the Minister.
--------
FORM 11C
Regulation 38A (4)
NOTICE OF INTENTION TO APPEAR ON THE HEARING OF AN APPEAL
(Title of Appeal)
Take notice that I intend to appear on the hearing of this appeal.
My address for service of all notices, orders or proceedings in the appeal is
Dated this day of , 19 .
Respondent or Solicitor for the Respondent.
--------
FORM 12
Section 31
Regulation 39
National Service Act 1951
APPLICATION FOR DEFERMENT OF LIABILITY TO RENDER SERVICE ON THE GROUND
OF EXCEPTIONAL HARDSHIP
To the Registrar at the National Service Registration Office at
or
To the District Employment Officer,
I, (a) , of (b) , in pursuance of sub-section (4) of
section 31 of the National Service Act 1951, apply for the deferment of
my liability to render service under the Act on the ground that such
* me
service would impose exceptional hardship on my parents
my dependants
I intend to rely on the following matters in support of my application:Dated this day of , 19 . Signature of Applicant. (a) Insert full name of applicant. (b) Insert his address and occupation. * Strike out whichever is inapplicable. FORM 13< Regulation 41
National Service Act 1951
NOTICE OF HEARING OF APPLICATION FOR DEFERMENT OF SERVICE
Take notice that the application made by(a) ,
made by(a) ,the Act will be heard before at
on the day of , 19 ,
o'clock in the noon.
Dated this day of , 19 .
Clerk of .
To the Registrar at the National Service Registration Office at or
To the District Employment Officer, and the above-named applicant.
(a) Insert full name of applicant.
(b) Insert his address and occupation. --------
FORM 14 Section 31
Regulation 43
National Service Act 1951
ORDER DEFERRING LIABILITY TO RENDER SERVICE ON THE BROUNDS OF
EXCEPTIONAL HARDSHIP
Upon hearing the application of(a)
of(b)
*whom I am satisfied that the applicant is a person upon whose parents
whose dependants
the rendering of service under the National Service Act
1951 would impose exceptional hardship and I do hereby defer the
liability of the said(a) for a period of months.
^The deferment granted by me shall be subject to the following
conditions: Dated this day of ,19 .
Signature of Magistrate.
Name of Court
Signature of person named in this Order.(a) Insert full name of applicant. (b) Insert his address and occupation. * Strike out whichever is inapplicable. ^ Strike out if no conditions are determined. ----------
NATIONAL SERVICE REGULATIONS - SCHEDULE 2 SCH
SCHEDULE 2 Regulations 6 and 7
Partiulars to be set out in a registration form concerning a person
who is required to register, or seeking to be registered, under the
Act.
1. Name in full-
(a) Surname
(b) Christian names
2. Usual place of living-
(a) House number and street or other address
(b) Town or suburb
(c) State or Territory
3. Telephone number at which the person may be contacted
4. Particulars of birth-
(a) Date of Birth
(b) If born in Australia, city or town, and state or territory, in which born
(c) If not born in Australia, country in which born
5. Particulars of arrival in Australia, if not born in Australia-
(a) Date of arrival or last arrival in Australia
(b) Name of ship or airline on which arrived or last arrived in
Australia
(c) Port or airport at which disembarked on arrival or last
arrival in Australia
6. Nationality- (a) Present nationality (if more than one nationality held,
each nationality to be stated)
(b) If a naturalized British subject-
(i) Date of naturalization
(ii) Place of naturalization
(iii)Number of Naturalization Certificate
(c) If not a British subject, number of Alien Registration
Certificate issued or Alien Reference Number
7. Marital status-
(a) Whether single, married, widowed or divorced
(b) If married or intending to marry within six months-
(i) Place of marriage or intended marriage
(ii) Date of marriage or intended marriage
(c) If widowed or divorced and have dependent children, name
and date of birth of each dependent child
8. Next of kin-
(a) Surname
(b) First Christian name
(c) Relationship to the person
(d) Address at which next of kin usually lives
9. Education-
(a) Age at which left school
(b) Highest form or grade completed
(c) Highest education certificate or qualification obtained
(d) Whether the person is a student
(e) If the person is a student-
(i) Course of study
(ii) Qualifiction being sought
(iii) Name of school, college, university, etc.
(iv) Whether full-time, part-time or correspondence course
(v) Date of commencement of course
(vi) Date of expected completion of course
(f) Whether the person intends to become a student within the
next six months
(g) If the person intends to become a student within the next
six months-
(i) Proposed course of sudy
(ii) Qualification to be sought
(iii) Name of proposed school, college, university, etc.
(iv) Whether full-time, part-time or correspondence course
(v) Intended date of commencement of course
(vi) Date of expected completion of course
10. Employment- (a) If employed- (i) Present occupation
(ii) Employer's name
(iii) Address of the plce where working
(b) If not employed-
(i) Usual occupation
(ii) Resons why not employed (c) If an improver or apprentice, or a person articled or
otherwise bound to an employer-
(i) Nature of contract or agreement
(ii) Date of expected completion of contract or agreement
(d) If engaged in business of any kind or in partnership
(including share farming)-
(i) Business name under which business carried on
(ii) Address at which business carried on
(iii) Nature of business
(iv) Number of employees (if any)
11. Disabilities-
(a) Full particulars of any physical or mental disability
from which suffering
(b) If in receipt of pension, pension number
12. Service in Armed Forces-
(a) If has served, but is no longer serving, in the Armed Forces
of Australia or another country-
(i) Name of force
(ii) Service number
(iii) Date of enlistment
(iv) Date of discharge
(b) If has applied to join the Permanent Naval Forces, the
Permanent Military Forces or the Permanent Air Force of
Australia but has not yet been enlisted- (i) Name of force
(ii) Date of application to enlist
13. If not required to register for National Service but has attained
the age of 18 years and 9 months and wishes to register with a
view to early call-up, reason for applying for registration
14. If a National Service Registration Form has previously been
comleted and forwarded-
(a) The address to which the form was forwarded
(b) The date on which the form was posted to, or delivered at,
that address.
0
0
0