National Security (Conscientious Objectors) Regulations (Amendment)

Legislation au C1942L00307 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 307

 

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 fifteenth day of July, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

———

Amendments of the National Security (Conscientious Objectors) Regulations.†

Definitions.

1. Regulation 4 of the National Security (Conscientious Objectors) Regulations is amended by omitting the definition of “the appropriate court”.

2. Regulations 8, 9 and 10 of the National Security (Conscientious Objectors) Regulations are repealed and the following regulations inserted in their stead:—

Order to be made on application.

“8.—(1.) A competent court of summary jurisdiction, if satisfied, upon an application duly made to it under these Regulations, that the applicant holds a genuine conscientious belief that it is wrong—

(a) to perform naval, military or air force service (whether combatant or non-combatant); or

(b) to perform combatant naval, military or air force service,

shall by order direct either—

(c) that the applicant shall be registered in the Register conditionally—the condition being that he shall perform such work of a civil character and under civilian control as is specified by the Minister of State for Labour and National Service, and shall undergo any training provided or approved by that Minister to fit him for that work; or

* Notified in the Commonwealth Gazette on , 1942.

† Statutory Rules 1942, No. 80, as affected by resolution of the Senate passed on 29th April, 1942, disallowing regulations 8, 9 and 10.

4326.—Price 3d. 6/17.6.1942.

(d) that the applicant shall be enrolled under the Defence Act as a person liable to be called up for service in the Citizen Forces but to be employed only in non-combatant duties;

but if not so satisfied, the court shall by order direct that the applicant shall not be so registered or enrolled or, if already so registered or enrolled, that the registration or enrolment shall be cancelled.

“(2.) A court shall, in determining any application, have regard (in addition to all other relevant considerations) to the extent to which the evidence of the applicant is corroborated, and to the period during which the applicant claims to have held his conscientious belief and the circumstances in which he claims to have formed it and to have continued to hold it, but the court may, if it thinks fit, accept the evidence of the applicant whether it is corroborated or not.

“(3.) A copy of the order of the court shall forthwith be forwarded by the Clerk of the court to the applicant and to the Area Officer of the Area in which the applicant resides.

Appearance on behalf of Minister.

“9. The Commander of any Lines of Communication Area may authorize any officer of the Military Forces to appear on behalf of the Minister at the hearing of any application.

Review of registrations.

3. Regulation 11 of the National Security (Conscientious Objectors) Regulations is amended by omitting sub-regulation (5.).

Persons registered not to be called on to enlist.

4. Regulation 14 of the National Security (Conscientious Objectors) Regulations is amended—

(a) by omitting from sub-regulation (1.) all the words from and including the words “, or an appeal against an order” and inserting in their stead the words “is pending”; and

(b) by omitting from sub-regulation (3.) the words “, or whose appeal against an order on such an application,”.

5. Regulation 17 of the National Security (Conscientious Objectors) Regulations is repealed and the following regulation inserted in its stead:—

Conditions of employment on civil work.

“17.—(l.) A person undergoing training provided or approved by the Minister of State for Labour and National Service, or performing work specified by that Minister, in pursuance of paragraph (c) of sub-regulation (1.) of regulation 8 of these Regulations shall be paid for that training or work at a rate of pay equal to—

(a) the rate (if any) which would, apart from this regulation, be payable to that person in respect of that training or work by or under any relevant industrial award, order, agreement or determination; or

(b) the aggregate rate of pay, subsistence allowance and dependants allowance which would be payable in respect of that person if he were serving in Australia as an ordinary private soldier in the Military Forces,

whichever is the less.

“(2.) Where the remuneration of any person undergoing such training or performing such work is that specified in paragraph (b) of sub-regulation (1.) of this regulation, the difference between the amount so payable and remuneration at the rate (if any) specified in paragraph (a) of that sub-regulation shall, except in any case where the person is being employed by the Commonwealth, be paid by the employer as soon as practicable after each pay period into such fund as the Minister of State for Labour and National Service specifies.”.

Amendment of the Schedule.

6. The Schedule to the National Security (Conscientious Objectors) Regulations is amended by omitting Form 2.

 

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

Overview

The Statutory Rules of 1942, No. 307, establish Regulations under the National Security Act 1939-1940, providing detailed provisions for the administration of conscientious objectors during wartime. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations address the need to manage individuals who oppose military service due to conscientious beliefs while balancing national security requirements. The primary objective of these regulations is to provide a structured process for courts to assess and register or enrol conscientious objectors, ensuring they contribute to the war effort in non-combatant roles, and to define their conditions of employment and pay. The Regulations aim to streamline the application process for conscientious objectors, allowing competent courts to direct the registration or enrolment of individuals based on their genuine conscientious beliefs, while also providing a mechanism for reviewing such registrations. Additionally, these regulations address the payment of conscientious objectors, ensuring they are compensated fairly for their non-combatant contributions, whether through civilian work or service in the Citizen Forces. These measures were necessary to maintain public order and national security during a period of significant national crisis.

Scope and Application

The Regulations under the National Security Act 1939-1940, made by the Governor-General in Council, apply to individuals who are conscientious objectors seeking exemption from compulsory military service, either in its entirety or specifically from combatant roles. These regulations govern the procedure for such individuals to apply to a competent court of summary jurisdiction to have their conscientious beliefs assessed and, if deemed genuine, to secure an alternative assignment to civilian work or enrolment in non-combatant military duties. The court's decision can be influenced by the corroboration of the applicant's evidence, the duration and circumstances of their belief, and the court has discretion to accept uncorroborated evidence. The regulations also detail the pay conditions for those assigned to civil work and outline the process for reviewing registrations and handling appeals. The scope of these regulations is national, applying across the Commonwealth of Australia, and they extend to the payment and employment conditions of conscientious objectors as per the Defence Act and relevant industrial awards.

Key Provisions

The Regulations under the National Security Act 1939-1940 (the Act) primarily amend and update the National Security (Conscientious Objectors) Regulations, providing specific provisions for conscientious objectors. Regulation 8 (subsection 1) states that a court of summary jurisdiction may order a conscientious objector to be registered conditionally or enrolled in the Citizen Forces for non-combatant duties, based on the applicant's genuine conscientious belief against performing military service (section 1). Regulation 8 (subsection 2) also provides that a court must consider the extent to which the applicant's evidence is corroborated and the circumstances of the formation and continuation of the belief. Regulation 9 allows the Commander of any Lines of Communication Area to authorize an officer of the Military Forces to appear on behalf of the Minister at the hearing of any application. Regulation 17 sets the conditions of employment for those undergoing training or performing civil work as specified by the Minister of State for Labour and National Service, ensuring their remuneration is at least equal to the rate for an ordinary private soldier in the Military Forces. The Regulations impose several obligations on the parties involved. Conscientious objectors must apply to a competent court of summary jurisdiction and provide evidence to support their claim. The court must consider the applicant's evidence and circumstances, including corroboration and the duration and context of their belief. The court is also required to forward a copy of its order to the applicant and the relevant Area Officer. Employers of those undergoing training or performing civil work must ensure the remuneration of such persons is at least equal to the rate for an ordinary private soldier in the Military Forces. The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, any failure by conscientious objectors to comply with the court's order or by employers to adhere to the remuneration conditions could potentially lead to legal consequences under other relevant laws or regulations. The precise consequences would depend on the specific nature of the breach and applicable laws at the time.

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