National Security (Civil Defence Volunteers' Compensation) Regulations (Amendment)

Legislation au C1943L00170 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1943. No. 170.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this twenty-ninth day of June, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellencys Command,

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

———

Amendments of the National Security (Civil Defence Workers’ Compensation) Regulations.†

Definitions.

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

(a) by inserting in the definition of approved civil defence organization, after the word Gazette, the words or by writing under his hand;

(b) by omitting from paragraph (b) of the definition of eligible person the word or (last occurring);

(c) by inserting after that paragraph the following paragraph:—

(ba) where, by any law of the Commonwealth, or of a State or Territory of the Commonwealth, any person is required to provide or make available personnel for the purposes of the performance of, or giving instruction or undergoing training in the performance of, civil defence duties—a person provided or made available by that first-mentioned person in pursuance of that law; or;

(d) by omitting from the definition of service injury the word and symbol or (b) and inserting in their stead the word and symbols ’’, (b) or (ba);

* Notified in the Commonwealth Gazette on      , 1943.

† Statutory Rules 1941, No. 288, as amended by Statutory Rules 1942, Nos. 53, 91 and 325.

3147.Price 3d. 25/27.5.1943.

(e) by omitting from the definition of service injury all the words after the word person, (last occurring), and inserting in their stead the words or of travelling to or from duty, and which is directly attributable to those duties or that instruction, training or travelling;;

(f) by inserting after the definition of the relevant date the following definition:—

“‘travelling to or from duty means travelling by an eligible person—

(a) to a place where that person intends to report for or perform, or remain in readiness to perform, duties, or to give instruction or undergo training, as an eligible person; or

(b) from a place where he has reported for or performed, or remained in readiness to perform, duties, or given instruction or undergone training, as an eligible person to his place of residence, employment or business,

but does not include travelling during or after any substantial interruption of any such journey or during or after any substantial deviation from the shortest convenient route for the journey, having regard to the mode of transport employed;; and

(g) by inserting in the definition of war injury, after the word person (last occurring), the words , or of travelling to or from duty.

Approved civil defence organization.

2. Regulation 7 of the National Security (Civil Defence Workers Compensation) Regulations is amended—

(a) by omitting from sub-regulation (2.) the words in the rules of the organization; and

(b) by inserting, after the word Gazette (wherever occurring), the words or by writing under his hand.

Rates of pension on death or total incapacity.

3. Regulation 18 of the National Security (Civil Defence Workers Compensation) Regulations is amended—

(a) by omitting from paragraph (e) of sub-regulation (1.) the word and;

(b) by omitting paragraph (f) of that sub-regulation and inserting in its stead the following paragraphs:—

(f) to each child of the eligible person, in the case of the death of the eligible person, shall be—

(i) where there is a widow, separated widow or dependent female of the eligible person who has the custody of the children—Fifteen shillings per fortnight for each child; and

(ii) in any other case—Twenty-five shillings per fortnight for each child; and


(g) to each child of the eligible person, in the case of the total incapacity of the eligible person—shall be Fifteen shillings per fortnight.; and

(c) by inserting in sub-regulation (2.), after the word years, the words (other than a child of the eligible person).

Compensation for loss of, or damage to, clothing, &c.

4. Regulation 53a of the National Security (Civil Defence Workers Compensation) Regulations is amended by inserting in sub-regulation (1.), after the word property (first occurring), the words (other than a vehicle, including a bicycle).

References to certain dependent females.

5. The National Security (Civil Defence Workers Compensation) Regulations are amended by omitting the words de facto wife (wherever occurring) and inserting in their stead the words dependent female.

Amendments relating to administration.

6.—(1.) The National Security (Civil Defence Workers Compensation) Regulations are amended by omitting the word Commission (wherever occurring, except where first occurring in regulation 39) and inserting in its stead the word Commissioner.

(2.) The National Security (Civil Defence Workers Compensation) Regulations are amended as set out in the Schedule to these Regulations.

———

Regulation 6.

THE SCHEDULE.

——

AMENDMENTS RELATING TO ADMINISTRATION.

Regulation.

Extent of Amendment.

4...............

Omit the definition of Deputy Commissioner insert the following definition:—

“‘Deputy Commissioner means a Deputy Commissioner of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;

Omit the definition of Registrar insert the following definition:—

“‘Registrar means a Registrar of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;

Omit the definition of Special Magistrate insert the following definition:—

“‘Special Magistrate means a Special Magistrate holding office under the Invalid and Old-age Pensions Act 1908-1943;

Omit the definition of the Australian Soldiers Repatriation Act

Omit the definition of the Commission insert the following definition:—

“‘the Commissioner means the Commissioner of Pensions holding office under the Invalid and Old-age Pensions Act 1908-1943;

6 (1.)............

Omit its seal insert his hand

Omit its (second occurring) insert his

Omit Chairman of the” (wherever occurring)

9 (1.)............

After Commission (second occurring) insert , a Deputy Commissioner

Insert after Commission (third and fourth occurring) , Deputy Commissioner

9 (2.)............

After Commission insert , a Deputy Commissioner


The Schedule—continued.

Regulation.

Extent of Amendment.

12a.............

18 (1.) (a).........

19, 20 (1.).........

27, 28 (2.).........

33 (1.)...........

34 (3.)...........

36 (1.)...........

39..............

48..............

53a (1.)...........

Omit its insert his

Omit it insert he

Omit its insert his

Omit it insert he

Omit it or

Omit it (wherever occurring) insert he

Omit it insert he

Omit Commission (first occurring) insert Department of Social Services

Omit it (second and third occurring) insert he

Omit it insert him

 

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

Overview

The Statutory Rules 1943, No. 170, were enacted to make amendments to the National Security (Civil Defence Workers’ Compensation) Regulations under the National Security Act 1939-1940. These regulations were introduced to address the need for updated and more comprehensive provisions for compensation for civil defence workers injured or killed in the line of duty. The amendments aim to ensure that the compensation structure is fair, reflecting the evolving nature of civil defence duties during times of national security concerns. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations reflect the urgent need to provide adequate support to civil defence workers who are required to perform their duties under various laws, including those of the Commonwealth and the States and Territories.

Scope and Application

The Regulations under the National Security Act 1939-1940, made in 1943, focus on amending the National Security (Civil Defence Workers’ Compensation) Regulations. These amendments apply to civil defence workers who are either directly employed by approved civil defence organisations or provided by other entities under Commonwealth, State, or Territory laws for civil defence duties, instruction, or training. The compensation scheme outlined in these regulations covers injuries sustained during the performance of or while travelling to or from civil defence duties. The Regulations extend across the Commonwealth of Australia, applying uniformly throughout the country. However, the specific compensation rates and definitions such as "eligible person" and "service injury" have been revised to more accurately reflect the circumstances of civil defence workers. These amendments are made through the statutory instrument and do not specify exclusions or exemptions but are designed to ensure that civil defence workers receive appropriate compensation for injuries related to their duties.

Key Provisions

The main operative sections of these Regulations, found under the National Security (Civil Defence Workers’ Compensation) Regulations, include amendments to definitions and provisions regarding the compensation for civil defence workers. Specifically, Regulation 1 amends the definition of "approved civil defence organization" to include organizations identified either by Gazette notice or written notification (section 1(a)). It also modifies the definition of "eligible person" to include those required to provide personnel under Commonwealth or State/Territory law for civil defence duties (section 1(c)). Additionally, it redefines "service injury" to include injuries or illnesses attributable to civil defence duties or training, including travel to and from such duties (section 1(e)). Moreover, the definition of "travelling to or from duty" is added, clarifying the scope of travel covered by the regulations (section 1(f)). Lastly, "war injury" is expanded to include injuries or illnesses resulting from travel to or from duty (section 1(g)). Regulation 2 modifies the criteria for an organization to be considered an approved civil defence organization, allowing for recognition by written notification in addition to Gazette notice (section 2(a)). Regulation 3 adjusts the rates of pension payable upon the death or total incapacity of an eligible person, differentiating between cases where a dependent female has custody of the children and those where she does not (section 3(a)-(b)). It also specifies pension rates for children in the case of total incapacity (section 3(c)). Regulation 4 excludes vehicles, including bicycles, from the definition of "property" for compensation purposes (section 4). Regulation 5 replaces the term "de facto wife" with "dependent female" throughout the Regulations (section 5). These Regulations impose several obligations and requirements on the parties they govern. Eligible persons, defined under the amended Regulations, must report any injuries or illnesses directly attributable to their civil defence duties or training, including travel to and from such duties, to the appropriate authorities for potential compensation. The approved civil defence organizations are required to ensure that they meet the criteria for recognition, which now includes written notification in addition to Gazette notice. The Commissioner, Deputy Commissioner, Registrar, and Special Magistrate, as defined by the Invalid and Old-age Pensions Act 1908-1943, must administer the compensation and pension provisions in accordance with the amended Regulations. They must also ensure that the compensation and pension rates are correctly calculated and disbursed based on the new provisions outlined in the Regulations. The Regulations establish various offences, penalties, and consequences for breaches. While the specific offences and penalties are not detailed in the text provided, it is clear that non-compliance with the compensation and pension provisions could result in legal action. For instance, failure to report service injuries or war injuries as required could lead to denial of compensation. Similarly, approved civil defence organizations not meeting the recognition criteria could face penalties for non-compliance. Although the exact penalties are not specified, breaches of such regulations typically attract fines or other administrative sanctions as per the governing laws. The precise penalties would be determined based on the nature and severity of the breach, in line with the overarching legal framework governing civil defence workers' compensation.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.