STATUTORY RULES.
1941. No. 49.
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 fifth day of March, 1941.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of the National Security (Industrial Peace) Regulations.†
After regulation 14 of the National Security (Industrial Peace) Regulations the following regulation is inserted:—
Contribution by Commonwealth to pension of State public servant appointed as Conciliation Commissioner.
“14a.—(1.) Where an officer of the Public Service of a State is appointed as a Conciliation Commissioner, and that officer is entitled under the law of that State to be paid a superannuation or other pension on his retirement from that Service, the Governor-General may enter into an arrangement with the Governor-in-Council of that State to provide for the payment by the Commonwealth to that State—
(a) where the officer’s right is dependent upon his making contributions to a fund established under that law and the State also makes contributions to that fund in respect of the officer—of an amount equal to the contributions made to the fund by the State in respect of the period during which the officer is performing the duties of a Conciliation Commissioner; or
(b) in any other case—of an amount equal to such portion of the pension to be paid by the State as the parties to the arrangement, having regard to the length of the officer’s service as Conciliation Commissioner and of his service as an officer of the Public Service of the State, consider is justly attributable to the officer’s service as a Conciliation Commissioner.
“(2.) The agreement relating to any such arrangement may make provision for any other matters necessary or convenient to be provided for carrying out the arrangement.”.
* Notified in the Commonwealth Gazette on , 1941,
† Statutory Rules 1940, No. 290.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
262.—12/14.1.1941.—Price 3d.
Overview
Statutory Rules 1941 No. 49, made under the National Security Act 1939–1940, introduces a regulation designed to address issues related to the superannuation or pension of state public servants appointed as Conciliation Commissioners. Enacted by the Governor-General in Council, this regulation aims to ensure that state public servants appointed as Conciliation Commissioners receive appropriate superannuation or pension contributions from the Commonwealth. The policy objective is to facilitate the smooth functioning of industrial peace by providing necessary financial support to these officials, thereby enhancing their ability to perform their duties effectively. The regulation allows for an arrangement where the Commonwealth compensates the relevant state for contributions made towards the officer’s superannuation or pension during their service as a Conciliation Commissioner.
Scope and Application
The regulation outlined in Statutory Rules 1941, No. 49, constitutes an amendment to the National Security (Industrial Peace) Regulations under the National Security Act 1939–1940. This legislative instrument applies to officers of the Public Service of a State who are appointed as Conciliation Commissioners and are entitled to a superannuation or pension under the laws of that State. The regulation permits the Commonwealth to contribute to the pension of such officers, depending on their contributions to a superannuation fund established under State law and the length of their service as Conciliation Commissioners. The Commonwealth may contribute an amount equal to the State's contributions to the fund or an amount that reflects the portion of the pension attributable to the officer's service as a Conciliation Commissioner. This regulation extends to the whole Commonwealth, impacting State public servants working in a federal capacity during national security-related industrial peace efforts. The regulation does not explicitly state exclusions or exemptions but focuses on ensuring fair pension contributions based on service duration and specific contributions made by the State.
Key Provisions
The regulation introduced under the National Security Act 1939–1940 (referred to as "the Act") pertains specifically to the National Security (Industrial Peace) Regulations, with the addition of regulation 14a (section 14a). This new regulation addresses the financial contribution by the Commonwealth to the pension of a State public servant who is appointed as a Conciliation Commissioner. The regulation allows for two scenarios. In the first scenario, where the officer’s pension is contingent on contributions to a specific fund, the Commonwealth may agree to compensate the State for the contributions it makes to the fund for the period during which the officer serves as a Conciliation Commissioner (section 14a(1)(a)). In the second scenario, where the officer’s pension is not contingent on contributions to such a fund, the Commonwealth may compensate the State for a portion of the pension that the State would otherwise pay, determined by the length of the officer’s service as a Conciliation Commissioner and their total service in the State public service (section 14a(1)(b)). The regulation also permits the agreement to include any other necessary provisions to facilitate the arrangement (section 14a(2)).
The regulation imposes several obligations on the parties involved. The Governor-General, acting on behalf of the Commonwealth, must engage in an agreement with the Governor-in-Council of the respective State to determine the appropriate compensation for the State’s contribution to the officer’s pension (section 14a(1)). This agreement should take into account the service length of the officer as a Conciliation Commissioner and their total service in the State public service to ensure a fair allocation of pension costs (section 14a(1)(b)). Additionally, the agreement may include other necessary provisions to ensure the arrangement is effectively carried out (section 14a(2)). The regulation underscores the importance of mutual agreement and consideration of relevant factors in determining the Commonwealth’s contribution.
Failure to comply with the provisions of this regulation could potentially lead to disputes or legal actions between the Commonwealth and the respective State, though specific offences, penalties, or consequences for non-compliance are not detailed within the regulation itself. The regulation is designed to facilitate a fair and just arrangement, ensuring that the Commonwealth adequately compensates the State for the pension costs attributable to the service of a Conciliation Commissioner. The lack of explicit penalties in the regulation suggests that any breaches might be addressed through negotiation, agreement, or other legal means, depending on the nature and impact of the non-compliance.