National Security (Coal Mining Industry Employment) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 311 represents a regulation made under the National Security Act 1939-1940 by the Governor-General, acting on the advice of the Federal Executive Council. This legislative instrument was enacted to address specific procedural concerns within the coal mining industry's employment dispute resolution framework, ensuring that the processes are streamlined and controlled to prevent undue influence by external legal professionals. The regulation modifies the National Security (Coal Mining Industry Employment) Regulations, restricting the representation of parties in hearings, determinations, or decisions by the Central Reference Board or Local Reference Board to members, officers, or employees, while prohibiting the use of counsel, solicitors, or paid agents unless all parties consent and the board grants leave. This measure aims to maintain the integrity and efficiency of the dispute resolution process within the industry.

Scope and Application

The Legislative Instrument, Statutory Rules 1942 No. 311, made under the National Security Act 1939-1940, pertains specifically to amendments of the National Security (Coal Mining Industry Employment) Regulations. This regulation applies to entities and individuals involved in the coal mining industry, particularly in the context of employment and industrial relations disputes. The scope of the Act extends to ensuring that the operations within the coal mining industry adhere to national security considerations by regulating the representation of parties in hearings, determinations, or decisions of disputes or industrial disputes by the Central Reference Board or Local Reference Board. The regulation specifies that organisations can be represented by their members or officers, while individuals or parties not being organisations can be represented by an employee, with an exception for representation by counsel, solicitor, or a paid agent, unless leave of the Board and consent of all parties are obtained. The Act’s jurisdictional reach is within the Commonwealth of Australia, with its amendments impacting the coal mining sector nationwide. The regulation does not explicitly state any exclusions or thresholds but rather focuses on the procedural aspects of dispute resolution within the specified industry.

Key Provisions

The main operative section of this legislation, Regulation No. 20, amends the National Security (Coal Mining Industry Employment) Regulations by adding a new provision concerning the representation of parties at hearings, determinations, or decisions by the Central Reference Board or a Local Reference Board. According to section 20, an organization involved in a dispute or matter may be represented by a member or officer of that organization. Similarly, any party that is not an organization can be represented by an employee. However, the regulation explicitly prohibits the representation by counsel, solicitor, or paid agent unless all parties consent and the Board hearing, determining, or deciding the matter grants leave (Section 20). This Act imposes several obligations and requirements on the parties and entities it governs. Organizations must ensure that any representation at a hearing, determination, or decision is by a member or officer of the organization. Non-organization parties must ensure that their representation comes from an employee. Furthermore, any party wishing to be represented by a counsel, solicitor, or paid agent must obtain leave from the Board and consent from all parties involved in the dispute or matter. These requirements aim to ensure that the process remains fair and accessible while maintaining the integrity of the proceedings. Breach of the provisions outlined in Regulation No. 20 may result in civil or criminal consequences. Although the specific penalties are not detailed within the text, it is reasonable to infer that unauthorised representation by a counsel, solicitor, or paid agent could lead to sanctions under the broader framework of the National Security Act 1939-1940. The Act may impose penalties for non-compliance, which could include fines or other legal repercussions. Given the context and the historical background of the legislation, the penalties could be significant, reflecting the importance of national security during the period. Overall, Regulation No. 20 serves to clarify and restrict the types of representation allowed in disputes, industrial disputes, or matters heard by the Central Reference Board or a Local Reference Board. This aims to streamline the process and ensure that it is conducted fairly and efficiently. The regulation underscores the importance of adhering to the specified guidelines to maintain the integrity and fairness of the proceedings, with potential civil or criminal consequences for any breaches of the outlined provisions.