STATUTORY RULES.
1942. No. 393.
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REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this seventh day of September, 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
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Amendment of National Security (Employment of Women) Regulations.†
After regulation 5a of the National Security (Employment of Women) Regulations the following regulation is inserted:—
Reference of applications to an Industrial Authority in Western Australia.
“5b.—(1.) The Board may refer to an Industrial Authority of the State of Western Australia for consideration and decision the whole or any part of an application under these Regulations in relation to the employment of females in that State, and the Industrial Authority shall have, for the purposes of such consideration and decision, all the powers and functions or the board and of the Chairman of the Board, and the provisions of these Regulations in relation to decisions of the Board shall apply as it the decision of the Industrial Authority were a decision of the Board.
“(2.) In considering and deciding the application or part thereof, the Industrial Authority shall have regard to any decisions of the Board in respect of similar employment.
“(3.) A copy of every decision of the Industrial Authority shall be forwarded forthwith to the Board, and the Board may review the decision within three months from the date of the decision.
* Notified in the Commonwealth Gazette on 2nd April, 1941.
† Statutory Rules 1942, No. 146, as amended by Statutory Rules 1942, Nos. 236, 263 and 294.
5939.—Price 3d. 25/8.9.1942.
“(4.) On such review, the Board may confirm, vary or set aside the decision or any term thereof or may reconsider the whole or any part of the application and may make such decision thereon as if it had considered the application or part thereof in the first instance.
“(5.) Any rate of payment to be made in accordance with any decision made by the Board on such review shall apply in respect of the work done by any female as on and from such date (whether before or after the commencement of this regulation, but, where that rate is less than the rate decided by the Industrial Authority, not earlier than the date of the decision of the Board, and, in any event, not earlier than the second day of March, 1942) as the Board specifies, but any payment made to that female in respect of the work prior to the date of the decision of the Board shall be set off against any payment to be made under the decision.
“(6.) In this regulation—
‘decision’ includes variation or interpretation of a decision.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1942, No. 393, under the National Security Act 1939-1940, was enacted to address the need for streamlined decision-making processes regarding the employment of women during wartime. The regulation, made by the Governor-General on the advice of the Federal Executive Council, aims to enhance the efficiency and effectiveness of these decisions by delegating certain powers to the Industrial Authority in Western Australia. The policy objective is to ensure that the employment of women is managed in a manner that aligns with national security interests while providing a mechanism for review by the Board. This regulatory amendment allows for more localised decision-making, taking into account similar employment cases, while maintaining a structured review process to ensure consistency and fairness.
Scope and Application
The regulation made under the National Security Act 1939-1940 modifies the National Security (Employment of Women) Regulations to facilitate the referral of employment applications concerning women to Industrial Authorities in Western Australia. This specific regulation pertains to the employment of women and applies to applications made under the existing regulations within the state of Western Australia. The regulation allows the Board to transfer decision-making authority to an Industrial Authority in Western Australia, which will have the same powers and functions as the Board, including the ability to consider and decide on employment applications. Decisions made by the Industrial Authority are subject to review by the Board within three months, and the Board retains the authority to confirm, vary, or set aside these decisions. Additionally, any rates of payment determined by the Board on review apply retroactively to work done by the female employee, subject to specific conditions regarding the timing of payment adjustments. This regulation extends the application of the employment regulations to include Industrial Authorities in Western Australia, thereby integrating state-level industrial bodies into the national framework concerning the employment of women during wartime.
Key Provisions
The main operative sections of this regulation under the National Security Act 1939-1940 involve the referral of applications concerning the employment of females in Western Australia to an Industrial Authority for consideration and decision. Specifically, section 5b(1) allows the Board to refer applications to an Industrial Authority, which then has the same powers and functions as the Board for the purposes of making a decision. Section 5b(2) requires the Industrial Authority to consider any prior decisions of the Board on similar employment, and section 5b(3) mandates that a copy of every decision made by the Industrial Authority must be forwarded to the Board. Furthermore, section 5b(4) provides for the Board to review any decision of the Industrial Authority within three months, and section 5b(5) outlines the procedure for adjusting rates of payment if the Board decides to vary the Industrial Authority’s decision.
This Act imposes several obligations on both the Board and the Industrial Authority. The Board is tasked with the responsibility of referring applications to an Industrial Authority and has the authority to review decisions made by the Authority. The Industrial Authority, on the other hand, must consider any relevant prior decisions of the Board and provide a copy of its decision to the Board for potential review. Additionally, the Industrial Authority is required to take into account the decisions of the Board in making its own decisions.
There are no explicit provisions in the regulation concerning offences, penalties, or civil/criminal consequences for breach. However, the regulation does outline specific procedures that must be followed by the Board and the Industrial Authority. Failure to adhere to these procedures, particularly in terms of timely referrals, consideration of prior decisions, and the forwarding of decisions to the Board, could potentially lead to disputes or challenges regarding the validity of decisions made under this regulation. The regulation itself does not specify any particular penalties for such breaches, leaving that matter to be addressed under broader legal frameworks or specific circumstances.