National Security (Man Power) Regulations (Amendment)

Legislation au C1942L00102 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 102.

 

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 sixth day of March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of the National Security (Man Power) Regulations. †

Provisions relating to persons employed in protected undertakings.

1. Regulation 14 of the National Security (Man Power) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (1.) the words “, except for serious misconduct,”; and

(b) by omitting from sub-regulation (3.) the words “not less than one week’s notice shall be given, except where the employment of any person is terminated for serious misconduct” and inserting in their stead the words “not less than one week’s notice shall, if the Director-General so requires, be given”.

2. After regulation 16 of the National Security (Man Power) Regulations the following regulation is inserted:—

“Suspension from employment of persons engaged in protected undertakings.

16a.—(1.) Where any employer carrying on a protected undertaking has reason to believe that any person employed therein has been guilty of serious misconduct, the employer may suspend that person from duty and shall forthwith submit to the Director-General,

 

* Notified in the Commonwealth Gazette on 6th March, 1942.

† Statutory Rules 1942, No. 34.

1705.—Price 3d.


or to a person in the State in which the undertaking is carried on authorized by the Director-General to act under this regulation, a statement in writing setting out the grounds of the suspension.

“(2.) On receipt of any statement in pursuance of the last preceding sub-regulation, the Director-General or person so authorized shall make a thorough examination of the grounds of suspension set out in the statement and shall decide whether the suspension should be removed or confirmed and shall convey his decision, by notice in writing, to the parties concerned.

“(3.) If either party is aggrieved by any decision given under the last preceding sub-regulation, he may lodge with a Local Appeal Board, within seven days from the date of the notice, an objection in writing against the decision, stating fully and in detail the grounds on which he relies.

“(4.) On receipt of the objection, the Local Appeal Board shall consider the objection and shall decide whether the decision against which the objection is lodged should be revoked or confirmed, and shall convey its decision to the parties concerned.

“(5.) Where—

(a) a decision that the suspension of any person should be removed is given under sub-regulation (2.) of this regulation, and an objection against the decision is not lodged with a Local Appeal Board in pursuance of sub-regulation (3.) of this regulation; or

(b) where an objection against such a decision is so lodged and the decision of the Local Appeal Board is that the decision against which the objection is lodged should be confirmed; or

(c) where a decision that the suspension of any person should be confirmed is given under sub-regulation (2.) of this regulation, and an objection against that decision is lodged with a Local Appeal Board in pursuance of sub-regulation (3.) of this regulation, and the decision of the Local Appeal Board is that the decision against which the objection is lodged should be revoked,

the employer shall—

(d) in the case of a decision specified in paragraph (a) of this sub-regulation—as soon as practicable after the expiration of seven days from the date of the notice to him of the decision; or

(e) in the case of a decision of the Local Appeal Board specified in paragraph (b) or paragraph (c) of this sub-regulation—as soon as practicable after the decision is conveyed to him,

reinstate the person suspended in his employment in an occupation and under conditions not less favorable to him than those which were applicable to him immediately prior to his suspension, and shall pay to him the wages of which he was deprived during the term of his suspension.


“(6.) Where—

(a) a decision that a suspension should be confirmed is given under sub-regulation (2.) of this regulation, and an objection against the decision is not lodged with a Local Appeal Board in pursuance of sub-regulation (3.) of this regulation; or

(b) where an objection against such a decision is so lodged and the decision of the Local Appeal Board is that the decision against which the objection is lodged should be confirmed; or

(c) where a decision that a suspension should be removed is given under sub-regulation (2.) of this regulation, and an objection against that decision is lodged with a Local Appeal Board in pursuance of sub-regulation (3.) of this regulation, and the decision of the Local Appeal Board is that the decision against which the objection is lodged should be revoked,

the employment of the person suspended shall be deemed to have been terminated on the date on which he was suspended.”.

 

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

Overview

The Statutory Rules 1942, No. 102, introduced under the National Security Act 1939-1940, were enacted by the Governor-General in Council to address urgent wartime needs related to national security and man-power management. The policy objective was to provide the government with enhanced tools to manage the workforce in industries deemed critical to national security, allowing for immediate suspension of employees in protected undertakings suspected of serious misconduct. This was achieved by amending the National Security (Man Power) Regulations to allow employers to suspend employees without the previous requirement of providing one week's notice, subject to the Director-General's approval, and introducing a structured process for reviewing and appealing suspension decisions. The Regulations also provided mechanisms for reinstatement or termination of employment based on the outcomes of these reviews and appeals.

Scope and Application

The Regulations under the National Security Act 1939-1940 primarily apply to employers and employees within protected undertakings, which are businesses or activities deemed crucial for national security purposes. These regulations impact the employment conditions of individuals working in such protected undertakings by establishing procedures for the suspension of employment based on serious misconduct. The regulations are applicable across the Commonwealth of Australia and are designed to ensure that employment terminations or suspensions in protected undertakings align with national security interests. The regulations also set out the process for reviewing and appealing decisions made by the Director-General or an authorised representative. These amendments and the insertion of new regulations do not specify any exclusions or exemptions, implying that all employers and employees in protected undertakings are subject to these provisions. The application of the Act can be extended or restricted through subordinate instruments, thereby allowing for a flexible and responsive regulatory framework to meet the changing needs of national security.

Key Provisions

The main operative sections of these Regulations include amendments to Regulation 14 of the National Security (Man Power) Regulations, which removes the exceptions for serious misconduct and alters the notice period requirements. Regulation 16a, which is newly introduced, allows employers to suspend employees who are believed to have committed serious misconduct. It mandates that the employer must provide a written statement to the Director-General or an authorized representative, detailing the reasons for the suspension (Regulation 16a(1)). The Director-General or the authorized representative must then thoroughly examine these grounds and decide whether the suspension should be confirmed or removed (Regulation 16a(2)). Both parties involved have the right to lodge an objection with a Local Appeal Board if they are dissatisfied with the decision, and the Board will make a final decision on the matter (Regulation 16a(3) and (4)). The Regulations impose specific obligations on employers in protected undertakings. They must promptly notify the Director-General or an authorized person in writing if they believe an employee has engaged in serious misconduct and justify their decision to suspend that employee (Regulation 16a(1)). The employer is also responsible for reinstating the employee with equivalent or better conditions if the suspension is deemed unjustified (Regulation 16a(5)). Additionally, the employer must ensure that the employee is paid any wages lost during the suspension period. The Regulations also outline the process for appealing decisions related to suspensions. If either the employer or the employee is dissatisfied with a decision made by the Director-General or an authorized representative, they can lodge an objection with a Local Appeal Board within seven days of receiving notice of the decision (Regulation 16a(3)). The Board must then review the objection and provide a final decision, which can either confirm or revoke the initial decision (Regulation 16a(4)). Failure to comply with these Regulations can result in civil or criminal consequences. Although the specific penalties are not detailed in the text, non-compliance with employment suspension protocols or failure to adhere to notice requirements could potentially lead to legal action. Employers who do not reinstate employees or compensate them for lost wages as required may face civil suits for breach of contract or other legal claims. Additionally, if the misconduct involves activities that threaten national security, there could be further criminal charges under the National Security Act 1939-1940.

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