STATUTORY RULES.
1944. No. 14.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943 *
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 1939-1943.
Dated this nineteenth day of January, 1944.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Reinstatement in Civil Employment) Regulations.†
The National Security (Reinstatement in Civil Employment) Regulations are amended by adding at the end thereof the following regulation:—
War service not to break continuity of employment for certain purposes.
“8. Where any person has been reinstated in employment in accordance with regulation 3 of these Regulations, then, for the purpose of determining the rights of that person, as against the employer in whose employment he has been reinstated, in respect of—
(a) annual leave for recreation;
(b) leave on the ground of illness;
(c) long service leave or pay in lieu thereof (including pay to dependants on the death of the person); and
(d) superannuation or pension (whether for himself or his dependants),
the continuity of the employment of that person by that employer shall not be deemed to have been broken by his absence from employment during any period between the date upon which that person volunteered for war service or received a notice requiring him to perform war service, as the case may be, and the date upon which he was reinstated in employment, but that period shall not, by reason only of this regulation, be reckoned as part of the period of employment.”.
* Notified in the Commonwealth Gazette on , 1944.
† Statutory Rules 1939, No. 176, as amended by Statutory Rules 1940, Nos. 63, 103 and 222; 1941, Nos. 11 and 220; 1942, No. 55; and 1943, Nos. 54 and 278.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7255.—Price 3d. 9/30.11.1943.
Overview
The Statutory Rules 1944, No. 14, made under the National Security Act 1939-1943, were enacted by the Governor-General in Council to address the issue of continuity of employment for individuals who had served in the war and were subsequently reinstated in their previous civilian roles. The problem identified was that the absence of these individuals during their war service was interrupting the continuity of their employment, which adversely affected their entitlements such as annual leave, long service leave, and superannuation. This regulation aimed to ensure that the period of war service would not break the continuity of employment for certain specified purposes, thus preserving the rights of these individuals without counting their war service as part of their employment period. The policy objective was clearly to mitigate the adverse effects of war service on the employment continuity and associated benefits of returning service personnel.
Scope and Application
The National Security (Reinstatement in Civil Employment) Regulations 1944, as amended, apply to individuals who have been reinstated in their previous employment after serving in the war. Specifically, it addresses the continuity of employment for certain benefits such as annual leave, leave on the grounds of illness, long service leave or payments in lieu, and superannuation or pension entitlements. The regulation ensures that the period during which an individual was absent from employment due to war service does not disrupt the continuity of employment for these specified benefits, although it does not count towards the total period of employment. The regulations extend throughout the Commonwealth of Australia, applying uniformly across the nation. There are no stated exclusions, exemptions, or thresholds in these regulations, and their application is not further extended or restricted through subordinate instruments.
Key Provisions
The main operative section of the regulation (section 8) ensures that for certain employment rights purposes, a person's continuity of employment with their employer is not broken by their absence due to war service. This applies to rights concerning annual leave, leave on the ground of illness, long service leave or pay, and superannuation or pension. Despite the absence, the period during which the individual performed war service is not counted as part of the employment period for these specific rights. This means that individuals who return to their previous employment after serving in the war are entitled to the same benefits as if they had not been absent, but their war service period is not included in their total employment length for these benefits.
The obligations imposed by the regulation on employers and employees are quite clear and straightforward. Employers are required to ensure that any individual who has returned to their employment following war service is granted the same rights regarding annual leave, leave due to illness, long service leave or pay, and superannuation or pension as if there had been no break in their employment. This means that employers must calculate these entitlements based on the uninterrupted period of employment prior to the individual's absence for war service. For employees, the regulation provides the assurance that their employment rights will be protected and upheld, provided they return to their former employer after their service.
The regulation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches within its text. However, given the context of wartime regulations and the overarching National Security Act 1939-1943, it is likely that non-compliance with these provisions could result in legal consequences under the broader act. The National Security Act itself contains provisions that allow for penalties to be imposed for breaches, which could include fines or other legal sanctions. The exact penalties would depend on the interpretation and application of the relevant sections of the National Security Act, but they could potentially be significant given the importance of these employment rights during wartime.