STATUTORY
RULES.
1946. No. 15.
________
REGULATIONS UNDER
THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*
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 Re-establishment and Employment Act 1945.
Dated
this seventeenth day of January, 1946.
HENRY
Governor-General.
By
His Royal Highness’s Command,
H.
V. EVATT
for
Minister of State for Post-war Reconstruction.
__________
Re-establishment
and Employment (Preference Boards) Regulations.
Citation.
1. These Regulations may
be cited as the Re-establishment and Employment (Preference Boards)
Regulations.
Definitions.
2. In these Regulations,
unless the contrary intention appears—
“applicant” means anyperson applying for
registration under section 32 of the Act;
“application for
registration” means an application for registration in pursuance of section 32
of the Act;
“Board” means the
Central Preference Board or a Regional Preference Board appointed under the
Act;
“certificate of
registration” means a certificate of registration issued in pursuance of
regulation 17 of these Regulations;
“Register Book” means a
Register Book kept in pursuance of these Regulations;
“the Act” means the Re-establishment
and Employment Act 1945.
*Notified
in the Commonwealth Gazette on 21st January, 1946.
224.—Price 5d.
Application
for registration
3.—(1.) An application for
registration shall be in accordance with FormA in the Schedule to
these Regulations and shall be accompanied
by a Statutory Declaration in support of the application for registration setting out particulars of the
service performed by the applicant
in relation to the war which he considers entitles him to be registered
for preference in employment.
(2.) Where, prior to the date of the commencement of
these Regulations, an application for registration has been submitted
in a form approved by the Chairman of the Central Preference Board, a Board may
consider the application as if it had been submitted in accordance with Form A in the
Schedule to these Regulations.
Board
may consider application in absence of applicant.
4. A Board may consider any application without the attendance of
the applicant or any person on his behalf.
Notice
to applicant of time and place.
5. A Board may require the
attendance of the applicant and in such case
notice shall be given to him of the date, time and place for consideration
of the application.
Board
not to be bound by rules of evidence.
6. A
Board may, in considering an application, do so without regard to
legal forms and solemnities and shall not be bound by any rules of evidence,
but may inform itself on any matter in such manner as it thinks fit.
Protection
of members of Board.
7.Every
member of a Board shall, in the exercise of his functions under
these Regulations, have the same protection and immunity as a Justice of the High
Court.
Reconsideration
of applications.
8.—(1.)
If a Board refuses an application, it shall cause notice of that refusal to be sent
by post to the applicant.
(2.) The applicant may, at any time after the receipt of
the notice, apply to the Board for a reconsideration of the application with or
without the
submission of further particulars.
(3.) Upon receipt of any such request, the Board shall
fix a date, time and place for the reconsideration of the
application and shall notify the applicant of the date, time and place so
fixed to enable the applicant to be present at the reconsideration, if he so
desires.
(4.) Upon the date and at the time and place so fixed,
the Board shall reconsider the application and the provisions of
these Regulations (except this regulation) shall apply in relation to the
reconsideration of the application in like manner as they apply in
relation to the consideration
of an application.
(5.) An applicant may make one request only for the
reconsideration of
an application.
Witnesses
may be represented by counsel.
9. The
applicant may be represented before a Board by not more than
one counsel, attorney or agent, who may examine witnesses and address the Board on his
behalf.
Applicant
may give evidence.
10. The applicant may give
evidence before a Board and may call witnesses on his behalf.
Power
to send for witnesses and documents.
11.—(1.) The Chairman of a
Board may, by writing under his hand, summon
any person to attend the Board at a time and place mentioned in the summons and then and there to
give evidence and to produce any books,documents and writings
in his custody or control which he is required by the summons to
produce.
(2.)
A summons under this regulation shall be served personally or by leaving it at
the usual place of abode of the person to whom it is addressed.
Board
to examine upon oath or affirmation.
12. Any member of a Board
may administer an oath or affirmation to an applicant or any person appearing
as awitness before the
Board, whether the witness has been summoned or appears without being summoned
and may examine the applicant or witness upon oath or affirmation.
Failure
to attend or produce documents.
13.—(1.) A person served with a summons toattend a Board
shall not fail, without reasonable excuse, to attend the Board or to produce
any documents, books or writings in his custody or control which he was required
by the summons to produce.
(2.)
It shall be a defence to a prosecution for an offence arising under this
regulation for failing without reasonable excuse to produce any documents,
books or writings, if the defendant proves that the documents, books or
writings were not relevant to the inquiry.
Refusal
to be sworn or give evidence.
14.—(1.) A person appearing
as a witness before a Board shall not refuse to be sworn or to make an
affirmation or to answer any questions relevant to the inquiry put to him by a
member of the Board.
(2.)
Nothing in this regulation shall be deemed to require a person to answer any
question which would tend to incriminate him.
(3.)
A witness before a Board shall not knowingly give false testimony in any
evidence given by him to the Board.
Penalty:
Fifty pounds.
Statements
made by witness not admissible in evidence against him.
15. A statement or disclosure made by
a witness to a Board shall not, except in proceedings for an offence arising
under these Regulations, be admissible in evidence against him in any civil or
criminal proceedings in any court.
Protection
and liability of witnesses.
16. A witness before a
Board shall have the same protection and shall be subject to the same
liabilities in any civil or criminal proceedings as a witness in any matter
before the High Court.
Certificate
of registration.
17. Upon registration a
certificate of registration in accordance with Form B in the Schedule to these
Regulations and signed by the Chairman of the Board shall be given to the
person registered.
Register
Book
18. The Chairman of a Board
shall keep a Register Book of the name, address, age and occupation of every
person registered under section 32 of the Act and of the date on which
registration was granted.
Cancellation
of registration
19. ABoard may of its own motion or upon application in
that behalf by any person reconsider any registration entitling a person to
preference, and may, if the circumstances in the opinion of the Board warrant
it, give notice to the applicant to show cause why the registration should not be
cancelled and may, if it is satisfied there are substantial grounds for doing
so, cancel the registration and enter in the Register Book the fact and date of
the cancellation.
Return
of certificate on cancellation.
20.—(l.) Where a Board
cancels any such registration, the Chairman of the Board may by notice in
writing require the person whose registration is cancelled to return to the
Chairman the certificate of registration issued to him.
(2)
A person shall not refuse or fail to comply with any such requirement.
Penalty:
Fifty pounds.
Notices.
21. Notices under these Regulations may be served either
personally or
by letter posted to the applicant to the address stated by the applicant in his
application.
_______
THE
SCHEDULE.
Commonwealth
of Australia.
___
Re-establishment and
Employment Act 1945.
Regulation
3. Form
A.
STATUTORY
DECLARATION AND APPLICATION FOR REGISTRATION UNDER SECTION 32.
(1) Here insert in block letters Christian
names (in full) and surname
(2) Here insert full address.
(3)
Here insert occupation.
(4) Here insert place and country of
birth.
(5)
Here insert date of birth.
(6) Here set out grounds including full
particulars of the service performed by him in relation to the war (i.e.) the
war during the years 1939-1945) having regard to which the applicant considers
that he is entitled to receive the benefits of Division 2 of Part II. of the
Act.
(7)
Signature of person making the declaration.
(8) Signature of person before whom the
declaration is made.
(9)
Here insert title of person before whom the declaration is made. That person
must be a Police, Stipendiary, or Special Magistrate, a Justice of the Peace, a
Commissioner for Affidavits, a Commissioner for Declarations, a Notary Public,
or a person, before whom a statutory declaration may be made under the law of
the State in which the declaration is made.
To theCentral
Preference Board/Regional Preference Board in the State of
I, (1) of (2)
in
the State of/Territory of (3)
do
solemnly and sincerely declare as follows:—
1. I was born at (4) on
the (5)
day
of
2.
I am at present employed by
of
I
hereby apply for registration in pursuance of section 32 of the Re-establishment
and Employment Act 1945.
The
grounds on which I base my application are as follows:—(6)
And
I make this solemn declaration by virtue of the Statutory Declarations Act 1911-1944,
conscientiously believing the statements contained therein to be true in every
particular.
Declared
at
| on the
| (7)
|
day
of
| 194 .
|
Before
me,
|
(8) |
(9) |
Note.—Any person who wilfully
make a false statement in a Statutory Declaration is guilty of an indictable offence, and is liable to
imprisonment, with or without hard labour, for four years.
Special
Instructions.
1.
Applicants are requested to furnish with the application any documentary or
other proof, or any reference, which may facilitate consideration of the
application.
2.
If any statements as to the grounds of the application or any documentary proof
or references accompany the application, they should be referred to in the statutory
declaration as annexures. Each annexure should be marked with a distinguishing
letter to identify it with the particular statement, document or reference
mentioned in the Statutory Declaration and should be signed by the applicant
and the persons before whom the declaration is made.
Commonwealth of Australia.
_________
Re-establishment and
Employment Act 1945.
Regulation 17. Form B.
CERTIFICATE
OF REGISTRATION.
This is to certify that , of
in the State of , has this day been
registered, in pursuance of section 32 of
the Re-establishment and Employment Act 1945, as a person who is entitled to the benefits of Division 2
of Part II. of the said Act.
Dated this day
of 194
Chairman.
Central/Regional
Preference Board
________________
By
Authority: L. F. Johnston, Commonwealth
Government Printer, Canberra.
224.—2