Munitions Supply Regulations (Amendment)

Overview

The Statutory Rules 1937 No. 46, made under the Defence Act 1903-1934, were enacted to address the issue of prioritising employment opportunities for returned soldiers, particularly those who had served in World War I. The regulations amend the Munitions Supply Regulations to define who qualifies as a "returned soldier" and provide them with priority in temporary employment, regardless of their competence for the required work. This initiative was intended to assist these individuals, who had demonstrated their dedication and service, in securing employment opportunities following their return from active service. The regulations were made by the Governor-General in accordance with the Defence Act 1903-1934 and the policy objective was to provide a measure of support and recognition for returned soldiers in their transition back to civilian life.

Scope and Application

The Munitions Supply Regulations, as amended by the Statutory Rules 1937, No. 46, provide specific provisions for the employment of returned soldiers in temporary positions. The regulations define a "returned soldier" as a person who enlisted before November 11, 1918, and served with a satisfactory record in any Expeditionary Force raised under the Defence Act 1903-1918. This includes members of the Army Medical Corps Nursing Service, Naval Forces, radio telegraphists in transport services, and those who served in Naval or Military Expeditionary Forces in the United Kingdom or other British Dominions. The amendments ensure that returned soldiers are considered for temporary employment before other candidates, and if their employment is terminated due to a temporary lack of need, they remain eligible for re-employment. These regulations apply nationally, extending the provisions of the Defence Act to ensure priority employment for returned soldiers.

Key Provisions

The statutory rules 1937 No. 46, which are regulations under the Defence Act 1903-1934, primarily amend the Munitions Supply Regulations. Section 1 of the regulations introduces a new definition of "Returned Soldier" (Regulation 4). A Returned Soldier is any person who enlisted before 11 November 1918 and served in any Expeditionary Force with a satisfactory record. This definition includes specific categories such as members of the Army Medical Corps Nursing Service who served overseas, members of the Naval Forces of the Commonwealth who were on active service outside Australia, persons employed as radio telegraphists in the transport service in the zone of war, and individuals who served in a Naval or Military Expeditionary Force raised in the United Kingdom or any British Dominion. These regulations also introduce a new section 73a, which stipulates that a returned soldier enrolled for temporary employment must be considered for such work if they are competent, and they must be given priority over non-returned soldiers. Additionally, if a returned soldier's temporary employment is terminated due to a lack of further need for their assistance, they become eligible for further temporary employment at any time after their previous employment ends. Under these regulations, there are obligations and requirements imposed on various parties. Employers and entities involved in temporary employment must ensure that returned soldiers who are enrolled and competent for the required work are considered for employment in priority to non-returned soldiers. This requirement underscores the importance of giving precedence to those who have served in the armed forces, reflecting a commitment to supporting veterans in their post-service employment opportunities. Moreover, the regulations necessitate that any returned soldier whose employment is terminated due to a temporary cessation of need for their services should be made aware of their eligibility for future temporary employment, ensuring that they are not disadvantaged due to the temporary nature of their previous positions. Breaching the provisions outlined in these regulations may result in legal consequences. Although the specific penalties are not detailed within the regulations, violations could potentially lead to enforcement actions under the Defence Act 1903-1934 or other relevant legislation. Employers failing to comply with the priority employment requirement for returned soldiers may face civil actions or penalties imposed by relevant authorities. Additionally, if the regulations are interpreted to have broader implications under Australian employment law, there could be repercussions such as fines, legal proceedings, or other sanctions. The precise consequences would depend on the specific nature of the breach and the applicable laws at the time of the offence.