STATUTORY RULES.
1942. No. 55.
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 Eleventh
day of February , 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of National Security (Reinstatement in Civil Employment) Regulations.†
War service to be reckoned as service in employment.
Regulation 7 of the National Security (Reinstatement in Civil Employment) Regulations is amended by adding at the end of sub-regulation (1.) the words “and, where leave of absence or pay in lieu of leave of absence, is granted on the basis of shifts worked or attendances for work or both, shifts lost or non-attendances for work by reason of those periods of war service shall be taken into account for the purpose of the grant of annual leave as shifts worked or attendances for work, as the case may be.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1939, No. 176, as amended by Statutory Rules 1940, Nos. 63, 103 and 222; and 1941, Nos. 11 and 220.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
252.—25/14.1.1942.—Price 3d.
Overview
The Statutory Rules 1942 No. 55, made under the National Security Act 1939-1940, addresses the issue of ensuring that war service is recognised and accounted for in the context of civil employment. Enacted by the Governor-General in Council, this regulation aims to amend the National Security (Reinstatement in Civil Employment) Regulations to ensure that leave entitlements for war service personnel are accurately calculated when they return to civilian jobs. The policy objective is to provide a fair and equitable transition for individuals returning from war service to their civilian roles, ensuring they are not disadvantaged in terms of leave entitlements.
Scope and Application
The Statutory Rules 1942, No. 55, under the National Security Act 1939-1940, amends the National Security (Reinstatement in Civil Employment) Regulations, specifically impacting individuals who have served in war and are being reinstated into civil employment. This regulation extends to all persons who have been on leave of absence or have been granted pay in lieu of such leave, with a particular focus on those whose absences were due to their war service. The amendment ensures that periods of war service are considered equivalent to shifts worked or attendances for work when calculating annual leave for those being reinstated into their civil employment. This legislative instrument applies across the Commonwealth of Australia, aligning with the national focus on addressing the impacts of war on employment continuity and benefits.
The scope of this regulation is limited to individuals who have participated in war and are returning to civilian jobs under the National Security (Reinstatement in Civil Employment) Regulations. It does not extend to persons who were not on leave of absence or who did not have their leave compensated with pay. The amendment is designed to ensure fairness in the calculation of annual leave, recognising the periods of war service as equivalent to employment periods. This statutory rule, made under the authority of the Governor-General, is part of a series of regulations aimed at providing support and continuity for those affected by wartime circumstances, ensuring they are not disadvantaged in their return to civil life.
Key Provisions
The Statutory Rules 1942 No. 55, made under the National Security Act 1939-1940, introduces an amendment to the National Security (Reinstatement in Civil Employment) Regulations. Specifically, Regulation 7 is modified to ensure that war service is considered as service in employment for the purposes of calculating annual leave. This amendment, added at the end of sub-regulation (1), clarifies that when leave of absence or pay in lieu of leave is granted based on shifts worked or attendances for work, periods of war service must be factored into these calculations. Essentially, any shifts lost or non-attendances due to war service should be treated as if they were shifts worked or attendances for work.
The amendment imposes certain obligations on employers and employees alike. Employers must now take into account an employee's war service when calculating their annual leave entitlements. This means that any periods during which an employee was absent due to war service must be considered as if the employee had been present and working. Conversely, employees who have served in the war must ensure that their employers are aware of their service periods so that these can be accurately reflected in their leave calculations. This provision aims to ensure that employees are not unfairly disadvantaged due to their service commitments.
Breach of these regulations can result in significant consequences. While the specific penalties are not outlined in the provided text, it is clear that non-compliance could lead to legal actions or penalties under the broader National Security Act 1939-1940. Employers failing to accurately account for war service in leave calculations could face civil liability or administrative penalties. Employees, on the other hand, could potentially face issues related to their entitlements if they do not adequately inform their employers about their war service periods. The exact penalties would depend on the specific circumstances and the interpretation of the broader legislative framework within which these regulations operate.