Victorian Chamber of Manufactures v The Commonwealth (Women's Employment Regulations)

The Victorian Chamber of Manufactures and other employer associations brought an action in the High Court against the Commonwealth and the Women's Employment Board. The plaintiffs sought declarations that the Women's Employment Act 1942, and various regulations made thereunder, were beyond the legislative powers of the Commonwealth Parliament and the Governor-General, and were therefore void. The defendants demurred to the statement of claim, asserting the validity of the legislation and regulations.

The central legal issues before the High Court were: first, whether the Women's Employment Act 1942 was validly enacted under the defence power of the Commonwealth; and second, whether certain regulations made under the Act, specifically Statutory Rules 1943 No. 75 (Women's Employment Regulations (No. 2)) and Statutory Rules 1943 No. 92, were void due to contravention of section 49 of the Acts Interpretation Act 1901-1941, which prohibits the re-enactment of disallowed regulations in substance within six months of their disallowance. The court was also asked to consider the validity of decisions made by the Women's Employment Board in light of the National Security Act and the Acts Interpretation Act.

The Court held that the Women's Employment Act 1942 was validly enacted under the defence power, as it addressed a problem arising from the war that had a real and substantial relation to the prosecution of the war. However, the Court found that regulation 2 of the Women's Employment Regulations (No. 2) (Statutory Rules 1943 No. 75) and regulation 4 of Statutory Rules 1943 No. 92 contravened section 49(1) of the Acts Interpretation Act 1901-1941 and were therefore void. This was because these regulations were found to be substantially the same as regulations that had been disallowed by the Senate within the preceding six months. The Court also considered the application of section 5(4) of the National Security Act 1939-1940 and section 48 of the Acts Interpretation Act to the decisions of the Women's Employment Board, with differing opinions among the judges on whether these decisions were of a legislative character and thus subject to disallowance and tabling requirements.

The High Court, by majority, upheld the demurrer in part. The Women's Employment Act 1942 was declared valid. Regulation 2 of Statutory Rules 1943 No. 75 and regulation 4 of Statutory Rules 1943 No. 92 were declared void for contravening section 49(1) of the Acts Interpretation Act. Regulation 3 of Statutory Rules 1943 No. 75 was held by a majority not to contravene section 49(1) and was therefore valid. The Court also made observations regarding the legislative or executive character of the Women's Employment Board's decisions and their compliance with tabling requirements.