Returned Soldiers and Sailors Employment Act 1919 (NSW)

Returned Soldiers and Sailers Employment Act.	311
KETURNED SOLDIERS AND
SAI1A)RS EM'PI.OAAIENT ACT.

Act Xo. 38, 1919.

An Act to provide th a t preference in employment George V,

be given to retu rned soldiers and sailors ; for the reinstatem ent in employment of returned soldiers and sailors; for the appointm ent of a board to assist re tu rned solcliers and sailors in obtaining employment and othenvise ; to amend the Industrial A rbitration Act, 1912, and certain other A c ts ; and for purj)oses consequent thereon or incidental thereto. [Assented to. Kith December, 1919.]

>E it enacted by the King’s Most Excellent Majesty,

by and rvith the advice and consent of tlic IjCgis-

lative Council and Legislative Asseml)ly of Kew ISouth

AYalcs in Earlianient assembled, and l)y the authority of

the same as follows :—

1 . This Act may be cited as the “ ILdurned Soldic rs shmt uuc.

and Sailors Employment Act, 1919.” .

2 . In this Act, unless the context otherwise rc-UeHnifions.

quires,—■

“ Employer” re ■ a’is person employing pi'rsons in

any profes-i'.m, business, or industry, wb.etler as prh'i'ij'al or on liehalf of any otlier person, or on ])(dialf of the Government of the State, and iiicludes the Crown, the llailway Commis­ sioners for New South IValcs, the Sydney Harbour Trust Commissioners, the Board of IVatcr Supply and Sew('rage, the Hunter Dis-

■ trict IVater Supply and Sewerage Board, the IVater Conservation and Irrigation Commis­ sion, the Commissioners of the Government Savings Bank of New South AVales, the Insp('C- tor-Gencral of Police, the Municipal Council of

Sydney,

312                  Returned Soldiers and Sailors Employment Act.

George V, Sydney, any council of a municipality or shire,

No. 38. and anv board committee or trustees of anv t ' I

public hospital.

“ Enlistment ” means an engagement wlietber by

, appointment, enlistment, or otherwise rendering

a person liable to bo employed on active service

abroad in connection with the late war.

“ Labour exchange ” means a State labour exchange

under the Industrial Arbitration Act, 1918.

“ Naval forces ” includes persons serving on board vessels used in mine sweeping in connection with the late war.

“ Prescril)ed ” means prescribed by this Act or by

regulations made thereunder.

’ “ Regulations ” means regulations made under this

Act.

“ Repatriation Committee ” means a local com­ mittee under tlie Australian Soldiers’ Repatri;;- tion Act, 1917-1918.

“ Returned soldier or sailor ” means a person who at the time of bis enlistment was eitlu'r resident or domiciled in Australia, and wlio has been—

(a)	on active service during the late war as a member of the military or naval forces of the Crown or of any of His Majesty’s allies; or
(b)	on active service abroad during tlie late Avar as a member of tlie Army Medical Cor|As Nursing Service of the CroAvn or of any of l lis Majesty’s allies, and includes all army nurses who liavc been on such service; or
(c)	on active service abroad during the late Avar AA’i t l i the Array Medical Service of any of His Majesty’s allies ; or
(d)	on service in any Avork abroad in connection Avit l i the late Avar of the Britisli or Aus­ tralian Red Cross Society, or the Saint

■'

Jobn Ambulance Society, or any religious or

])atriotic association ;

and Avlio is resident in N cav South AVales and

■ Avbosc enlistment has been terminated.

“ Successor”

Returned Soldiers and Sailors Employment Act. 313

“ Successor ” means a person l)v nliom the profes- George V,

sion, business, or industry of an employer u'liosi! contract to employ a returned soldier or sailor lias been terminated or suspended b}' enlistment, is for the time being carried on,, whether in consequence of purchase, transfer,, assignment, gilt, amalgamation, entry into or dissolution of partnership:), hankriqitcy, devolu­ tion on death, or for any other cause what­ soever, and includes an agent of such person.

“ The hoard” means the board appointed under

this Act.

Preference.

3.         Xotwithstanding anything contained in the Indus- PiefeieiK e

trial Arbitration Act, 1012, or in any Act amending the s,“i,ners and

same, or in any aAvard or industrial agreement made sailors,

thereunder, every employer shall gh’c preference in

employment in any profession, business, or industry to a

returned soldier or sailor who is cap^ablc of elfcctiAmly

jAorforming the duties of such emp)loyment, is registered

for emphoyment in that pirofession, business, or industry

under section ten of this Act, or appilies in A\ riting, foi

such einp)loymcnt, and is not excluded from the benefits

of this Act, as against any other person otfering his

service at the same time.

Ee-employment.

4 .          (1) Every returned soldier or sailor, not excluded Re-empioy-

from the benefits of this Act, avIioso contract of employ- "'.tllrnod

ment by an emprloyer was terminated or suspended by soicUcis and

enlistment, or by engagement on service in any Avorh

abroad within the meaning of this Act, and who within

six months from the date of the commencement o(

this Act, or within six months from the termination of his

enlistment or engagement on service, or from the ter­

mination of any pdiysical or mental disability arising from

any illness or any cause resulting from such enlistment

or engagement on service, ap)plics to that emp)loycr or his	■
successor for re-employment, shall Avithin a reasonable time he re-employed by such empfioyer or successor in as nearly as practicable the same position as that held by him immediately prior to his enlistment or engage­

ment : Provided

314                 Returned Soldiers and Sailors Employment Act.

George V, Provided tliat tlic employer or liis successor need not

No. 38.' re-employ such ret urned soldier or sailor, if—

(a) he has already given the position to another returned soldier or sailor not excluded from the benefits of this Act, or to a person -who at all times during the late var was married or was a widower with dependent children and if he cannot employ such returned soldier or sailor in place of such person without discharging such person; or

(Ij) the returned soldier or sailor making the a]>pli- cation is physically or mentally unlit, or since the termination of his enlistment or engage­ ment has been guilty of dishonesty or serious misconduct ; or

(c) the position has been abolished and has not been reconstituted.

(2) Such rc-employment shall he at the salary or

wage fixed by any award or industrial agreement in force from time to time in respect of such employment, provided that it be not less than the salary or wage received by the employee when previously employed by the same employer in a similar position.

Appeal.

applicant may, in accordance with rules

imhistriai’̂ made Under this section, appeal to a judge of the Indus-

f trial Court in the cases mentioned in subsections two

an employin’ and three. Such judge, after hearing the appeal, may

tore-employ,

sucli ordci' as lie tliiiiks just and reasonable.

(2) The appeal may be made if an employer

refuses the application of any returned soldier or sailor for re-employment on the ground that tiie applicant

IS-

(a)	either mentally or physically incapable of etfectivcly performing the duties of such employment; or
(b)	that the applicant has since the termination of his enlistment or engagement been guilty of dishonesty or serious misconduct; or
(c)	that the position has been abolished and has not been reconstituted ; or

(3)

Returned Soldiers and Sailors Employment Acfe 315

(3) Tlic appeal may be made i f an cm])loyev George V,

on an application made under this Act by a	No. 38.
returned soldier or sailor re-employs the ajiplicant, but refuses to re-employ birn in as nearly as prac­ ticable the same position as that previously occupied by bim.

(1) The judges of the Industrial Court, or any

two of them, may make rules prescribing the manner in which such appeals may be made, the notices to be given, the security if any to be lodged for costs of any such appeal, the procedure of such appeals, and generally regulating such apjieals.

The hoard.

6. (1) Tlie Governor may appoint five persons at Cmuitution

least tliree of whom shall be returned soldiers or sailors to constitute' a board to be known as the “ llcturned Soldiei's and Sailors’ Employment Hoard,” and may appoint one' of such persons to be ebairman of such board.

(2) Tlirce members of the board shall constitute

a quorum at any meeting.

(3) The members of the board shall receive such

remuneration as may be determined by the Governor.

Toicers and duties o f hoard.

7 . (I) The board shall assist returned soldiers and Powers ami

sailors to obtain employment or re-employment.

(2) k’or such purpose the board shall obtain all available information as to the condition of the labour market so far as returned soldiers and sailors may be alVectcd therc'by, and may require the Department of Labour and Industry or any other Government depart­ ment, local authority or other local body, or any ('mployer of labour to furnish to the board any statistics and data in their possession or under their control relating to the matter.

(3) Ibe board may prosecute in respect of offerc!S ur.dcr this Act or any regulations made there­ under.

316                 Returned Soldiers and Sailors Employment Act.

George V, 8. (1) The board on tbe recommendation of tlie

No. 38. Public Service Board may appoint a secretary and such

Secretary	other officers as it may deem necessary.
officers.	(2) Such secretary and other officers shall receive such salaries or remunerations as may be fixed by the Public Service Board, and shall be subject to the provisions of the Public Service Acts.

anti other

Sectional committees.

Committees.	9 . (1) Tlic board shall nominate scctional committocs to represent such professions, businesses, and industries,
as it may think fit. '
(2) The members of such committees shall lie so nominated on the recommendation of the employers in the profession, business, or industry in question, and each such committee shall consist of three persons.
(3) The duties of such committees shall be ro assist the board in obtaining employment for returned soldiers and sailors.

Applications fo r employment by returned soldiers

and sailors.

Application	1 0 .	' Any returned soldier or sailor desiring employ­
for

employment. ment may apply in the prescribed manner and form to any labour exchange. Every such application shall indicate in order of preference tlie occupation in wliich the applicant desires to be employed, and shall contain such other particulars as arc prescribed.

Application	1 1 . (1) The officer-in-charge of the labour exchange
to be

registered.	to Avhich any such ajiplication is made, on being satisfied tliat the applicant is a returned soldier or sailor not excluded from the bemffits of the Act, shall register the apiilicant as a returned soldier or sailor.
(2) Tlie officer-in-charge of a labour exchange may, in his discretion, register a returned soldier or sailor for employment in an occupation ditferent from that which he followed iinmcdiatcly before his enlistment or engagement.

Application by employer.

Employers to

apply to 1 2 . (1) Every employer desiidng to obtain em-

labour jfioyees shall a]:)ply to the labour exchange nearest to

exeiianges or	placc at wliicli the cmploYces are required if .thi're
repatriation	̂ ̂ 1

committees, UC

Returned Soldiers and Sailors Employment Act. 317

be a labour exchange within twenty miles of that place, George V,

but if there be no labour exchange within that distance	No. 38.
shall apply to the repatriation committee nearest to that jilacc if there be a rc'patriation committee within twenty miles of that place, and if there be no labour exchange or repatriation committee within twc'uty miles, to the scctional committee re2)rescnting his profession, business, or industry.

(2) Every such application shall state— (a) the nature of tlic employment offered; (b) the number of employees required ;

(c)	the place and time at which, and the period, so far as it can be foreseen, during which they will be required ; and
(d)	such other particulars as arc prescribed. (3) This section shall not apply to cases in

Avhicli, owing to urgency or the nature of the employ­ ment, it is not reasonably practicable for an employer to make ajiplication under tliis section.

(4) In any proceeding against an employer in respect of a breach of this section, the onus shall be upon him of proving the absence of such reasonable practicability.

(5) Nothing in this section shall prevent the employment of returned soldiers or sailors Avithout application under this si'ction.

13 . (1) When application is made hy an employer rreFeience to

or l)y a sectional committee to a labour exchange or

repatriation committee the officer-in-charge thereof shall exciiangea.

give prt'fercnce in opportunity of employment to returned

soldiers ;ind sailors registered for employment in tlie

pi’ofession, business, or industry in respect of which the

application is made and avIio are available for employ­

ment.

(2) Ilcturncd soldiers and sailors whose services are offered in ansAver to an application under section eleven of this Act shall he entitled to preference under section three of this Act as if their services had been offered at the same time as those of any other persons Avho have offered their services.

1 4 . If the labour exchange or repatriation com- Rigi,t of

mittec to Avhich application by an employer or scctional

committee is made does not Avithin seventy-tAvo hours Ineirec tivo

after application.

318                  Returned Soldiers and Sailors Employment Act.

George V, after I'oceiving an application provide sufficient and

No. 38. suitable applicants for employment the employer may

engage the employees which he requires without further

communication with the labour exchange or repatriation

committee.

Temporary assistance.

ooani may assist 1 5 . Tlic boai’d luay, Avlici'c it is unable to obtain

loiSami

employment for anv returned soldier or sailor, grant such

it is unable t.3

rotumod soldier or sailor temporary pecuniary assistance,

cmpl'nincii;.

uot cxcocding tliG prcscribcd amount, from funds to be

appropriated by Parliament for that purpose.

General.

Retu nied

soMiers 1 6 . A returned soldier or sailor shall be excluded

and sailors	from the benefits of this Act if in the opinion of the
excluded
from benetits	Board his military or naval service was of an unsatis­
of the Act.	factory nature.
I’enalties.	1 7 . (1) Any employer who contravenes any of the provisions of, or who disobeys any order made under, this Act, shall he liable on conviction to a penalty not exceeding one hundred pounds.
(2) Any such penalty may be recovered upon summary conviction before a stipendiary, ])oliee, or industrial magistrate, or any two justices of the peace in petty sessions.

Penalty fur	I S .	Any person wlio in any manner whatsoever
coercin r̂ or

iutiiniduting	intimidaf(‘s or coerces or attempts to intimidate or cocrcc
employer	any cinployer with the intent to defiw such employer from
from giving
employment	giving employment or re-employment to a returned
to returned
soldier or	soldier or sailor or to cause such employer to contravene
sailor.	any of tlie provisions of this Act or any regulations or orticr made thereunder shall ho guilty of a misdemeanour and sliall be liable on conviction to a j:)enalty not exceeding one hundred pounds or to a term of imprison­ ment with or without hard labour not exceeding six months.
Regulation̂ .	1 9 . (1) Tlic Govcmoi’ may make regulations to carry out and give eifect to the provisions of this Act and may jirovide therein for the imposition of a penalty not cxci.'cding twentv pounds for anv breach thereof.

‘ ‘ (2)

Proclamations Validation Act. 319

(2) Snell regulations sliall— George V,

(i) lie published in the Gazette; Po. 38.

(ii)   take effect from tlic date of publication, nr from a later date to he specified in such regulations; and

(iii)   he laid before both llonses of Parliament within fourteen days after publication if Parliament is in session, and if not, then within fourteen days after the comnuMiemnent of the next session. I f cither House of Parliament passi's a resolution of Avhicli notice has been given at any time within fifteen sitting days after such regulations have been laid he(or(' such iloiisc disallowing any reguiation, such regulation shall thereupon cease to liave effect.