Australian Soldiers' Repatriation Act (No. 2) 1937

Overview

The Australian Soldiers' Repatriation Act (No. 2) 1937 was enacted to amend sections twenty and twenty-one of the Australian Soldiers' Repatriation Act 1920–1937. It was introduced to address issues relating to the rights and status of officers appointed under the principal Act, particularly concerning their eligibility for additional rights and their status as employees under the Superannuation Act 1922–1934. The Act was passed by the Commonwealth Parliament, reflecting the policy objective to ensure that officers appointed as Commissioners or members of a Board retain their existing rights and are eligible for any additional rights as if their service in these roles were a continuation of their prior service. This legislative amendment aimed to provide clarity and protection for these officers within the context of their employment status and entitlements.

Scope and Application

The Australian Soldiers’ Repatriation Act (No. 2) 1937 amends certain sections of the Australian Soldiers’ Repatriation Act 1920–1937, primarily focusing on the terms and conditions of service for officers appointed under this Act. This Act applies to officers who are appointed as Commissioners or members of a Board under the Principal Act, ensuring that they retain their existing and accruing rights and remain eligible for additional rights as if their service as Commissioners or members were a continuation of their service as officers. The Act also specifies that these officers are not subject to the Commonwealth Public Service Act. Furthermore, the Act allows the Minister, on the recommendation of the Commission, to deem certain officers as ‘employees’ within the meaning of the Superannuation Act 1922–1934 by publishing a notice in the Gazette. This deeming applies retroactively to Commissioners or members who were previously officers under the Act. The jurisdictional reach of this legislation is federal, applying throughout the Commonwealth of Australia.

Key Provisions

The Australian Soldiers' Repatriation (No. 2) Act 1937 (sections 1-3) amends the Australian Soldiers’ Repatriation Act 1920–1936 to introduce specific provisions regarding the rights and status of officers within the framework of repatriation services for soldiers. Section 2 of the Act amends section 20 of the Principal Act by adding a new sub-section (2), which ensures that any officer appointed as a Commissioner or member of a Board retains their existing and accruing rights. Furthermore, this sub-section makes these officers eligible for any additional rights conferred upon officers appointed under section 21 of the Act, as if their service as a Commissioner or Board member were a continuation of their service as an officer. Section 3 of the Act, in turn, amends section 21 of the Principal Act by inserting two new sub-sections (3a and 3b). Sub-section (3a) stipulates that if the Minister, upon the recommendation of the Commission, directs by notice in the Gazette that an officer appointed under this Act shall be deemed an 'employee' within the meaning of section 4 of the Superannuation Act 1922–1934, that officer will be considered such an employee from the date of the notice's publication. Sub-section (3b) extends this provision to Commissioners or Board members who were officers employed under the Act immediately before their appointment, treating their status as if they had remained such officers. The Act imposes specific obligations on the officers and entities it governs. Under section 2, officers appointed as Commissioners or Board members must ensure they retain their existing and accruing rights and be eligible for additional rights. Section 3 requires the Minister to follow the Commission's recommendation when deeming officers as employees under the Superannuation Act 1922–1934. This directive necessitates the Minister to publish a notice in the Gazette to effectuate the change in an officer's status. The Act also obligates the officers to comply with the terms set out in the notice regarding their employee status under the Superannuation Act. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the failure to comply with the obligations set forth, such as not retaining rights or not following the Minister's directive on employee status, could potentially lead to legal repercussions under the broader legislative framework or administrative actions. The severity of these consequences would depend on the specific context and the relevant laws governing public service and superannuation in Australia.