Commonwealth Employees' Furlough Act 1944

Legislation au C1944A00033 Not in force Act

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COMMONWEALTH EMPLOYEES’ FURLOUGH.

 

No. 33 of 1944.

An Act to amend the Commonwealth Employees’ Furlough Act 1943.

[Assented to 6th October, 1944.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Commonwealth Employees’ Furlough Act 1944.

(2.) The Commonwealth Employees’ Furlough Act 1943 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Employees’ Furlough Act 1943-1944.

Commencement.

2. This Act, except sections four and seven, shall be deemed to have come into operation on the twenty-ninth day of March, One thousand nine hundred and forty-three, and sections four and seven shall come into operation on the day on which this Act receives the Royal Assent.

Definitions.

3. Section three of the Principal Act is amended by inserting, after the definition of “approving authority”, the following definition:—

“‘authority of a State’ means a public authority constituted under the law of a State for the purpose of discharging, subject to the direction or control of a Minister of State for the State, functions which are within the province of the State Government, and does not include any local governing body;”.

Application of Act.

4. Section five of the Principal Act is amended by omitting paragraph (e) and inserting in its stead the following paragraph:—

“(e) any person, employed by the Commonwealth or by an authority of the Commonwealth at the date of the commencement of this paragraph, to whom or in relation to whom the provisions of any Act, or any rules, regulations or by-laws under any Act, in force at that date, providing for the granting of long-service leave, are applicable;”.


Period of service.

5. Section six of the Principal Act is amended—

(a) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) Where a Commonwealth employee has been employed continuously—

(a) in two or more of the services specified in paragraphs (a), (b) and (c) of the last preceding sub-section; or

(b) in one or more of those services and, prior to his current period of employment, by the Commonwealth (including an authority of the Commonwealth),

and the periods for which he was so employed are continuous with one another and with his current period of employment, the sum of those periods of employment shall, subject to this section, be included in his period of service for the purposes of this Act.”;

(b) by omitting from paragraph (c) of sub-section (3.) the word “or” (last occurring);

(c) by omitting from paragraph (d) of that sub-section the word “service” and inserting in its stead the words “employment terminated by retirement, after attaining the age prescribed by any law specified in this paragraph after which an employee may retire or be retired,”;

(d) by adding at the end of that sub-section the following word and paragraph:—

“;or

(e) in the case of an employee who is not entitled to continue in office until he reaches a specified age, any period by which, at the date on which leave of absence is granted, or payment of a sum equivalent to salary is authorized, under section seven or section eight of this Act, the total period of his employment in one or both of the services specified in paragraphs (a) and (b) of sub-section (1.) of this section, which may be included in his period of service under that sub-section or sub-section (2.) of this section, exceeds the total period of his employment by the Commonwealth (including an authority of the Commonwealth), and of his employment (if any) in the Public Service of a Territory of the Commonwealth, which may be so included.”;


(e) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) Except in the event of his discharge on account of unsatisfactory service, the continuity of the service of a Commonwealth employee shall not be deemed to be, or to have been, broken by any periods of absence, if—

(a) any period of absence does not exceed, or has not exceeded, twelve months in a continuous period; and

(b) the periods of absence do not exceed in the aggregate one-seventh of the total number of working days and holidays occurring after the commencement of the first period of his employment which may be included in the period of his service under sub-section (1.) or sub-section (2.) of this section,

but the period of any absences shall, for the purposes of this Act, be deducted from the employee’s period of service.”; and

(f) by omitting from sub-section (5.) the words “to have broken the continuity of his service or to be” and inserting in their stead the words “to break, or to have broken, the continuity of his service or to be, or to have been,”.

Limit of furlough or payment in lieu thereof.

6. Section nine of the Principal Act is amended by inserting in paragraph (a) of sub-section (1.), after the word “Commonwealth” (third occurring), the words “or of a State or Territory of the Commonwealth’’.

Persons to whom the Act becomes applicable.

7.—(1.) Notwithstanding anything contained in section seven or section eight of the Act, if the provisions of any Act, rules, regulations or by-laws referred to in paragraph (e) of section five of the Act are repealed and the period of long service leave or the amount of the payment which could, under those provisions, have been granted or made to or in relation to any person who was, prior to that repeal, a person of the class referred to in that paragraph, is greater than the period of leave of absence or the amount of the sum equivalent to salary which may be granted or paid to or in relation to that person under section seven or section eight, as the case may be, of the Act, the approving authority may, in lieu of any leave of absence or payment which may be granted or authorized under either of those sections, grant to that person leave of absence for a period not exceeding that greater period, or authorize payment to him or his dependants of a sum not exceeding that greater amount.

(2.) In this section “the Act” means the Commonwealth Employees’ Furlough Act 1943-1944, and expressions used in this section have the same meaning as in that Act.

Overview

The Commonwealth Employees’ Furlough Act 1944 was enacted to amend the Commonwealth Employees’ Furlough Act 1943, aiming to address issues related to the furlough of Commonwealth employees, particularly in the context of service continuity and long-service leave. The Act was assented to on 6th October 1944 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective was to ensure that employees who were subject to long-service leave provisions received appropriate furlough benefits even when the specific long-service leave provisions were repealed. This was achieved by allowing the approving authority to grant leave of absence or authorize payment to employees or their dependants, if the amount or period of the furlough under the new Act was less than what they would have received under the repealed provisions.

Scope and Application

The Commonwealth Employees’ Furlough Act 1944 amends the Commonwealth Employees’ Furlough Act 1943, extending its scope and provisions to better cater to the needs of Commonwealth employees. This Act applies to any person employed by the Commonwealth or by an authority of the Commonwealth, specifically including those who are subject to provisions for granting long-service leave. It provides for the granting of leave of absence or payment in lieu thereof under certain conditions, ensuring that employees who are entitled to longer periods of leave or higher payments under repealed provisions may still receive benefits up to the greater amount. The Act applies across the Commonwealth of Australia, as it pertains to both federal and state-level authorities. Notably, local governing bodies are excluded from the definition of "authority of a State." The Act’s provisions are effective from March 29, 1943, with certain sections taking effect upon receiving Royal Assent. The Act may be further extended or restricted through subordinate instruments, which may provide additional clarity or specific details regarding its implementation and application.

Key Provisions

The main operative sections of the Commonwealth Employees’ Furlough Act 1944 (the Act) pertain to the definition of terms, the application of the Act, the period of service, and the limit of furlough or payment in lieu thereof. Section 3 provides a definition of ‘authority of a State’, clarifying that it refers to a public authority constituted under the law of a State for the purpose of discharging, subject to the direction or control of a Minister of State for the State, functions within the province of the State Government. Section 4 expands the definition of ‘Commonwealth employee’ to include any person employed by the Commonwealth or an authority of the Commonwealth to whom the provisions of any Act, rules, regulations, or by-laws in force at that date, providing for the granting of long-service leave, are applicable. Section 5 outlines the period of service, including continuous employment in multiple services and the inclusion of periods of employment terminated by retirement or where the employee is not entitled to continue in office until reaching a specified age. Section 6 addresses the limit of furlough or payment in lieu thereof, allowing for the granting of leave of absence or payment to or in relation to a person if the provisions of any Act, rules, regulations, or by-laws referred to in section 5 of the Act are repealed and the period of long-service leave or the amount of the payment which could have been granted or made to or in relation to that person is greater than the period of leave of absence or the amount of the sum equivalent to salary which may be granted or paid to or in relation to that person under the Act. The Act imposes several obligations and requirements on the parties or entities it governs. Firstly, it mandates that the continuity of the service of a Commonwealth employee shall not be deemed to be, or to have been, broken by any periods of absence if such periods do not exceed twelve months in a continuous period and do not exceed in the aggregate one-seventh of the total number of working days and holidays occurring after the commencement of the first period of his employment. Secondly, it provides for the granting of leave of absence for a period not exceeding that greater period, or the authorization of payment to him or his dependants of a sum not exceeding that greater amount, where the provisions of any Act, rules, regulations, or by-laws referred to in section 5 of the Act are repealed and the period of long-service leave or the amount of the payment which could have been granted or made to or in relation to that person is greater than the period of leave of absence or the amount of the sum equivalent to salary which may be granted or paid to or in relation to that person under the Act. The Act also outlines the offences, penalties, or civil/criminal consequences for breach. While the specific maximum penalties are not detailed in the provided text, it is implied that breaches of the Act could result in civil or criminal consequences. The Act’s provisions are designed to ensure that Commonwealth employees and authorities of the Commonwealth are treated fairly and in accordance with the legislative requirements, and any failure to comply with these obligations could lead to enforcement actions, including potential penalties or legal consequences for the parties involved.

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Employment & Labour Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.