Defence (Re-establishment)
No. 10 of 1968
An Act to amend the Defence (Re-establishment) Act 1965-1967.
[Assented to 15 May 1968]
BE it enacted by the Queen’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 Defence (Re-establishment) Act 1968.
(2.) The Defence (Re-establishment) Act 1965-1967 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Defence (Re-establishment) Act 1965-1968.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation.
3. Section 4 of the Principal Act is amended by inserting in the definition of “national service” in sub-section (1.), after the words “other than service”, the words “for a period of not more than three months or service”.
4. Section 15 of the Principal Act is repealed and the following sections are inserted in its stead:—
Application of Part to persons employed under rostering arrangements.
“14a.—(1.) Where an arrangement exists under which a person keeps a list of the names of persons who are available for employment and allots the persons whose names are included in the list to employers for the purpose of the employment of those persons by those employers, then, for the purposes of this Part—
(a) each person whose name is included in the list shall be deemed to be employed by the person keeping the list and to be so employed under a contract of employment constituted by the terms of the arrangement; and
(b) a reference to resumption of work by a member shall—
(i) in the case of a member whose name is included in the list—be read as a reference to his allotment to employment in accordance with the arrangement; and
(ii) in the case of a member whose name has ceased to be included in the list—be read as a reference to the restoration of his name to the list and his allotment to employment in accordance with the arrangement.
“(2.) In this section—
‘list’ means any compilation of names of persons whether called a list, roster or register or called by any other name and whether kept in a material form or not;
‘name’, in relation to a person, includes any means of identifying the person.
Compensation may be paid to member.
“15.—(1.) Where an employer is convicted of an offence against sub-section (1.) of section 9, section 10, sub-section (2.) of section 12 or sub-section (1.) of section 14 of this Act with respect to a member, the court may order that the employer shall pay to the member such compensation as the court thinks reasonable.
“(2.) Where a court has made an order under the last preceding sub-section, a certificate under the hand of the appropriate officer of the court specifying the amount of the compensation ordered to be paid, the person to whom the amount is payable and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.”.
Overview
The Defence (Re-establishment) Act 1968 was enacted to amend the Defence (Re-establishment) Act 1965-1967, addressing the need to update and refine the legal framework governing the re-establishment of defence services in Australia. This Act was passed by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia, and received Royal Assent on 15 May 1968. The key objective of this legislation was to adapt the existing provisions to better accommodate evolving circumstances and ensure the efficient and effective re-establishment of defence services. This includes the introduction of provisions to address compensation for members in cases of employer offences and the clarification of employment arrangements under rostering systems.
Scope and Application
The Defence (Re-establishment) Act 1968 amends the Defence (Re-establishment) Act 1965-1967, providing modifications that are applicable to individuals and entities involved in employment arrangements under rostering systems within the defence sector. This Act applies to any person whose name is included in a list, roster, or register maintained by an entity for the purpose of employment allocation to various employers. This encompasses a wide range of personnel who may be subject to rostering arrangements in the context of national service, and it includes any means of identifying such individuals, ensuring broad applicability. The Act extends its reach nationally as a Commonwealth legislation, thereby applying uniformly across Australia. Notably, the Act provides for the possibility of compensation to be paid to members if their employer is convicted of certain specified offences, thereby reinforcing the rights and protections of those involved in these employment arrangements. The Act does not explicitly state any exclusions or thresholds, but its applicability is inherently limited by the specific employment conditions it addresses. Additionally, the Act allows for further detail and regulation through subordinate instruments, ensuring flexibility and responsiveness to changing circumstances in the defence sector.
Key Provisions
The Defence (Re-establishment) Act 1968 amends the Defence (Re-establishment) Act 1965-1967, with its primary focus being on the employment arrangements of certain individuals and the consequences for employers who contravene the Act. The amended Act is now referred to as the Defence (Re-establishment) Act 1965-1968. The Act comes into effect on the day it receives Royal Assent. One of the significant changes is the insertion into the definition of "national service" to include service for a period of not more than three months (Section 3). Additionally, Section 15 of the Principal Act has been repealed and replaced with Section 14a, which clarifies the application of Part of the Act to persons employed under rostering arrangements (Section 4). According to this new section, any person listed in a roster or roster-like arrangement is deemed to be employed by the person maintaining the list and is subject to the terms of that arrangement.
The Act imposes several obligations on employers. It requires that any employer must ensure compliance with the Act's provisions, particularly those outlined in sections 9, 10, 12, and 14, which pertain to the rights and protections of members. Employers must refrain from actions that could result in a conviction under these sections, as non-compliance can lead to significant consequences. Furthermore, if an employer is found guilty of any of these offences, they are liable to pay compensation to the affected member as determined by the court (Section 15). The compensation can be enforced as a final judgment in any court with civil jurisdiction, ensuring that the affected member receives the financial remedy they are entitled to.
Failure to adhere to the provisions of the Defence (Re-establishment) Act 1968 can result in serious legal consequences for employers. The Act delineates specific offences related to violations of sections 9, 10, 12, and 14, which can lead to criminal charges. The court has the authority to impose penalties, including ordering the employer to pay compensation to the aggrieved member. The amount of compensation is determined at the court's discretion and can be enforced as a final judgment. This legal framework ensures that employers are held accountable for any breaches and that members receive appropriate redress for any harm caused by non-compliance.