National Security (Civil Constructional Corps Compensation) Regulations (Amendment)

Legislation au C1946L00171 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1946. No. 171.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1946.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939–1946.

Dated this twenty-ninth day of November, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

N. E. McKENNA

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Civil Constructional Corps Compensation) Regulations. †

Definitions.

1. Regulation 4 of the National Security (Civil Constructional Corps Compensation) Regulations is amended—

(a) by omitting the definition of “service injury” and inserting in its stead the following definition:—

“‘service injury’ means personal injury by accident which was sustained by an eligible person—

(a) in the course of his duties as a member of the Civil Constructional Corps and was directly attributable to those duties;

(b) in a camp where any eligible person was living by direction of the Allied Works Council, but which was not directly attributable to his duties; or

(c) while travelling to or from duty,

and which was not due to his serious and wilful misconduct;”;

(b) by omitting from the definition of “the management” the words “Director-General of Works” and inserting in their stead the words “Director-General, Department of Works and Housing”;

* Notified in the Commonwealth Gazette on 2nd December, 1946.

†Statutory Rules 1944, No. 26, as amended by Statutory Rules 1945, No. 47.

6982.—Price 3d


(c) by omitting from the definition of “war injury” the word “is” (wherever occurring) and inserting in its stead the word “was”;

(d) by inserting in the definition of “war injury”, after the word “person” (first occurring), the words “while he was a member of the Civil Constructional Corps”; and

(e) by omitting from the definition of “war injury” the words “serious negligence or serious misconduct” and inserting in their stead the words “serious and wilful misconduct”.

Duties of Director-General.

2. Regulation 7 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by omitting sub-paragraph (ii) of paragraph (a) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(ii) whether the injury was due to the eligible person’s serious and wilful misconduct;”.

Pension payable in certain cases of continuing incapacity.

3. Regulation 12 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by inserting in paragraph (b) of sub-regulation (l.) after the word “Schedule” (second occurring) the words “which is equivalent to the degree of incapacity of the eligible person”.

Pension after death of incapacitated eligible person.

4. Regulation 19 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by inserting after the word “dependant” (twice occurring) the word “, widow”

Pensions to female dependants to cease on marriage or on re-marriage.

5. Regulation 22 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by omitting the words “any female dependant or separated widow” and inserting in their stead the words “the widow, separated widow or any single or widowed female dependant”.

Periodical medical examination.

6. Regulation 25 of the National Security (Civil Constructional Corps Compensation) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The Director-General may require any eligible person who claims, or who is in receipt of, any allowance, pension or other benefit under these Regulations to submit himself for medical examination by a duly qualified medical officer or practitioner nominated by the Director-General.”; and

(b) by omitting from sub-regulation (2.) the words “eligible person, or dependant of an eligible person,” and inserting in their stead the word “person”.

Claim for compensation.

7. Regulation 34 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by omitting from sub-regulation (1.) the words “such officer as is specified by the Director-General by notice in the Gazette” and inserting in their stead the words “the Director-General or to the Deputy Commissioner for the State in which the claimant resides”.


Declaration by female dependents.

8. Regulation 39 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by inserting after the words “payable to” the words “the widow, separated widow or”

Notification of marriage or divorce.

9. Regulation 40 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by omitting from sub-regulation (1.) the words “Any dependant, separated wife or separated widow” and inserting in their stead the words “The widow, separated wife, separated widow or any single or widowed female dependant”

10. After regulation 45 of the National Security (Civil Constructional Corps Compensation) Regulations the following regulation is inserted in Part VI.:—

Payment to be made from moneys appropriated.

“45a. Compensation and other benefits granted in pursuance of these Regulations shall be payable out of moneys from time to time appropriated by the Parliament for the purpose.”.

Persons entitled to payments under other laws.

11. Regulation 49 of the National Security (Civil Constructional Corps Compensation) Regulations is amended by inserting after the word “dependant” (twice occurring) the word “, widow”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1946, No. 171, known as the Regulations under the National Security Act 1939–1946, were introduced by the Governor-General in Council, acting on the advice of the Minister of State for Defence. This legislation aimed to amend the existing National Security (Civil Constructional Corps Compensation) Regulations to provide more comprehensive coverage for injuries sustained by members of the Civil Constructional Corps during their service. The policy objective was to ensure that eligible persons receive appropriate compensation and benefits for injuries incurred in the course of their duties, in camps, or while travelling to or from duty, excluding those caused by serious and wilful misconduct. The regulations were designed to address gaps in the previous definitions and criteria for compensation, providing clearer guidelines and protections for those who had served.

Scope and Application

The Regulations under the National Security Act 1939–1946 primarily concern amendments to the National Security (Civil Constructional Corps Compensation) Regulations, affecting eligible persons who sustained injuries while serving in the Civil Constructional Corps during World War II. These regulations apply to individuals who were members of the Civil Constructional Corps and suffered personal injuries due to accidents, whether directly attributable to their duties, in camps under the direction of the Allied Works Council, or while travelling to or from duty, provided the injuries were not due to serious and wilful misconduct. The amendments revise definitions of terms such as “service injury” and “war injury”, clarify the duties of the Director-General, and address various aspects of compensation, including pensions for incapacitated or deceased eligible persons, the cessation of pensions for female dependants upon marriage, and provisions for periodical medical examinations. The regulations also specify that compensation and other benefits are payable out of funds appropriated by the Parliament, and they address claims for compensation, declarations by female dependants, and notifications of marriage or divorce. These provisions collectively ensure that the compensation process is transparent and just for those who served and were injured during the war.

Key Provisions

The main operative sections of the Statutory Rules 1946, No. 171, pertain to amendments to the National Security (Civil Constructional Corps Compensation) Regulations. Specifically, section 1 amends the definition of "service injury" to include personal injury sustained by a member of the Civil Constructional Corps in the course of their duties, in a camp, or while travelling to or from duty, provided the injury was not due to serious and wilful misconduct. Section 2 amends Regulation 7 to require the Director-General to determine whether an injury was due to the eligible person's serious and wilful misconduct. Section 3 modifies Regulation 12 to ensure that the pension is based on the degree of incapacity of the eligible person. Section 4 amends Regulation 19 to ensure that pensions continue to be payable to the widow after the death of an incapacitated eligible person. Finally, section 5 amends Regulation 22 to ensure pensions to female dependants cease upon marriage or remarriage. These regulations impose various obligations on the Director-General and other relevant parties. The Director-General is required to assess whether an injury was due to the eligible person's serious and wilful misconduct, as per section 2. They must also determine the degree of incapacity for pension purposes, as outlined in section 3. Additionally, they are responsible for ensuring that pensions continue to be paid to widows, as per section 4. The regulations also require eligible persons or their dependants to submit to medical examinations, as stipulated in section 6. Eligible persons must make claims for compensation directly to the Director-General or the Deputy Commissioner for the state in which they reside, as per section 7. There are no explicit offences, penalties, or consequences for breach outlined in the Statutory Rules 1946, No. 171. However, failure to comply with the requirements of the regulations could result in denial of compensation or benefits. For instance, if an eligible person fails to submit to a medical examination as required, their claim for compensation may be denied. Similarly, if the Director-General does not correctly assess the degree of incapacity or the cause of an injury, the amount of pension or compensation may be incorrectly calculated. These consequences are not explicitly stated but are implied by the regulatory framework.

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