Defence (Re-establishment) Act 1965

Overview

The Defence (Re-establishment) Act 1965 was enacted to provide for the re-establishment in civil life of certain members of the Defence Force, to facilitate their employment, and for other purposes. It was passed by the Australian Parliament and received Royal Assent on 7 June 1965. The Act commenced on 5 November 1965. Its policy objective was to support members of the Defence Force, particularly those who had served in national service, in their transition to civilian life by providing various protections, vocational training, and financial assistance.

Scope and Application

The Defence (Re-establishment) Act 1965 applies to persons who have served in the Defence Force and are seeking to re-establish themselves in civilian life. This includes former regular servicemen and national servicemen who have been discharged from service. The Act extends to the entire Commonwealth of Australia, including all states, territories, and federal areas. The Act provides protections and support mechanisms for these individuals, such as preventing employers from penalizing them for their service, ensuring their employment rights are maintained, and providing financial assistance for vocational training and business re-establishment. The Act also includes provisions for the rehabilitation of disabled former servicemen, offering them support and financial assistance during rehabilitation programs. Subordinate instruments may extend or restrict the application of the Act, but these are not specified in the provided text.

Key Provisions

• The Defence (Re-establishment) Act 1965 (Act) provides for the re-establishment of certain members of the Defence Force in civil life, facilitates their employment, and provides for related matters. The Act applies to all the Territories and binds the Crown in right of the Commonwealth or of a State, but does not render the Crown liable to be prosecuted for an offence. Key provisions of the Act include those relating to protection in relation to civil employment, national service moratorium, vocational training, rehabilitation of disabled former national servicemen, and re-establishment loans.
• Under Part II of the Act, employers are prohibited from hindering or preventing a person from volunteering for or serving in the Emergency Forces or Reserve Forces, or penalising a person for doing so. Employers must also allow leave to members during their period of Defence service, and their contract of employment cannot be terminated by reason of the member's absence during Defence service. Members are entitled to resume or be reinstated in their employment after Defence service, and their rights in respect of benefits such as annual leave, long service leave, and superannuation must be preserved. Employers who contravene these provisions may be liable to pay compensation to the member and the Crown may be liable for compensation in certain circumstances.
• Part III of the Act provides a moratorium on certain proceedings and payments in relation to mortgages and agreements for the purchase of land where the person liable to pay is a national serviceman or a female dependant of a national serviceman. The time for payment of principal money or purchase money is postponed, and proceedings to enforce payment or recover the money are stayed. Certain contracts and instruments are not affected by this Part, and the appropriate court may order that the Part does not apply in cases of hardship or where postponement is not necessary.
• Part IV of the Act provides for vocational training for former national servicemen and former regular servicemen. The Minister may establish training schemes and make arrangements with States for the use of services and facilities in relation to vocational training. Allowances, expenses, tuition fees, and books, equipment, appliances, and tools of trade may be provided to persons undergoing training.
• Part V of the Act provides for the rehabilitation of disabled former national servicemen. Part III of the Disability Services Act applies to disabled former national servicemen, and they are entitled to rehabilitation allowances, training allowances, and living away from home allowances during rehabilitation programs. Assistance and benefits under this Part are not available to disabled former national servicemen who are entitled to like assistance or benefits from the Repatriation Commission, or who do not apply for assistance or benefits within 12 months of becoming a former regular serviceman.
• Part VI of the Act provides for re-establishment loans to eligible persons, including former national servicemen and former regular servicemen, to enable them to establish or re-establish themselves in civil life. Loans may be made for various purposes, including purchasing land or premises, taking on lease businesses, effecting improvements on land, acquiring tools of trade, reducing or discharging mortgages, and fulfilling obligations under hire purchase agreements. Loans may also be guaranteed, and property may be made available instead of a loan. The amount of loans and the terms and conditions on which they are made are prescribed. Applicants must satisfy certain conditions, including the ability and qualifications to engage in an occupation, business, or practice, and the likelihood of being able to repay the loan within a reasonable period. Loans must be applied for within a prescribed period.
• Offences under the Act are punishable by a fine not exceeding $200 or imprisonment for a period not exceeding 6 months, or both. The Act also provides for the delegation of powers and functions, the making of regulations, and the jurisdiction of courts.

Legal classification tags

Area of Law

Employment & Labour Law

Defence Law

Veterans' Affairs

Instrument

Act

Concepts

Definitions & Interpretation

Transitional Provisions

Licensing & Registration

Regulatory Standards

Offence Provisions

Repeal & Amendment