National Security (Reinstatement in Civil Employment) Regulations

Legislation au C1939L00176 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 176.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this nineteenth day of December, 1939.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

———

National Security (Reinstatement in Civil Employment) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Reinstatement in Civil Employment) Regulations.

Definition.

2.—(1.) In these Regulations, “war service” means—

(a) the service of a member of the Citizen Forces when called out for war service in pursuance of the Defence Act 1903-1939, or during continuous training under that Act or the Naval Defence Act 1910-1934, or the Air Force Act 1923; or

(b) the continuous service under any of those Acts of any person who volunteers and is accepted for such service during the present war.

(2.) Any reference in these Regulations to an employer shall, in relation to any person who is rendering or has rendered war service, be construed as including a reference to any person for the time being—

(a) carrying on any undertaking or service in which the first-mentioned person was employed immediately prior to the commencement of his war service; or

* Notified in the Commonwealth Gazette on , 1939.

6648.—8/6.12.1939.—Price 3d.

(b) carrying on any undertaking or service with which that undertaking or service has been amalgamated or in which, immediately prior to the commencement of the employee’s war service, it was comprised.

Reinstatement in employment of persons who have rendered war service.

3.—(1.) Where any person who has completed a period of war service applies for reinstatement in employment by the employer by whom or by the predecessor of whom, in the relation of employer, he was employed immediately prior to the commencement of such war service, the employer shall reinstate him in his employment in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he remained in the employment of that employer (including any increase of remuneration to which he would have become entitled had he remained in such employment).

(2.) In any proceedings for contravening or failing to comply with this regulation, it shall be a defence for the employer to prove—

(a) that the person formerly employed by him did not, before the expiration of one month after the termination of the period of war service, apply to the employer for reinstatement; or

(b) that, having been offered reinstatement, he failed, without reasonable excuse, to present himself for employment at the time and place notified to him by the employer; or

(i) it was not reasonably practicable to reinstate him; or

(ii) his reinstatement in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he remained in the employment of the employer was impracticable, and that the employer has offered to reinstate him in the most favourable occupation and under the most favourable conditions reasonably practicable.

(3.) For the purposes of this regulation, a person shall be deemed to have completed a period of war service upon the termination of that service for any cause whatsoever.

Termination of employment after reinstatement.

4.—(1.) Where an employer has reinstated a former employee in accordance with regulation 3 of these Regulations, he shall not, without reasonable cause, terminate the employment of that employee.

(2.) In any proceedings for contravening this regulation, the onus shall be on the employer to prove that he had reasonable cause for terminating the employment in any case where the employment was terminated within six months of the reinstatement.

Termination of employment in order to evade obligations.

5.—(1.) An employer shall not terminate the employment of any person employed by him in order to evade the obligations imposed by regulations 3 and 4 of these Regulations.

(2.) Where proceedings are instituted in any court in respect of a contravention of this regulation and the court is of opinion that

there are reasonable grounds for believing that the employment was terminated in order to evade the obligations imposed by regulations 3 and 4 of these Regulations, the employment shall be deemed to have been terminated in order to evade those obligations unless the employer proves that the termination was for a reason unconnected with those obligations.

Payment of portion of fine to a person affected.

6. Where a court imposes a fine on any employer in respect of any contravention or failure to comply with any provision of these Regulations, the court may order that any portion of the fine, not exceeding an amount equal to twelve weeks remuneration at the rate last payable by the employer to the employee or former employee concerned, shall be paid to that employee or former employee.

Modification of contracts of service or apprenticeship.

7.—(1.) For the purpose of securing the fair adjustment of a contract of service or apprenticeship in force between an employer and his employee in respect of any period of war service rendered by the employee, the Minister, by order, may relieve the parties to the contract of all or any of their obligations thereunder in respect of the period of war service, and may also modify the contract by extending the period of service or apprenticeship thereunder for a period not exceeding the period of war service and by adapting the terms of the contract in relation to any such extension.

(2.) Any order under this regulation may be made to apply either to any particular contract of service or apprenticeship or to such contracts generally or to such class of those contracts as is specified in the order.

(3.) Where any contract has been modified by the Minister in pursuance of this regulation, the parties concerned shall comply with the terms of the contract as so modified.

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

Overview

The National Security (Reinstatement in Civil Employment) Regulations were made under the National Security Act 1939 and came into effect in 1939. These regulations were enacted by the Governor-General in Council to address the issue of ensuring that individuals who had left their civilian jobs to serve in the military during World War II could return to their previous employment or be offered equivalent positions upon their return. The policy objective was to provide a fair transition back to civilian life for those who had served, mitigating potential adverse employment consequences due to their absence during wartime. The regulations aimed to prevent employers from unfairly dismissing or not reinstating these individuals, thereby protecting their employment rights and continuity.

Scope and Application

The National Security (Reinstatement in Civil Employment) Regulations 1939 apply to employers and employees in Australia who were engaged in civil employment prior to, and following, war service. Specifically, the regulations pertain to employers who are required to reinstate employees who have completed a period of war service to their previous occupation and conditions of employment, or as close to those conditions as is reasonably practicable. The regulations extend to any employer who was carrying on the business in which the employee was engaged prior to the war service, or any business with which that business has amalgamated or been comprised. These regulations have a national reach, applicable across the Commonwealth of Australia. They do not specify any exclusions or exemptions, but the Minister has the authority to relieve parties of certain obligations or modify contracts of service or apprenticeships to ensure fair adjustment for the period of war service. The application and scope of these regulations can be further extended or modified through subordinate instruments by the Minister, thereby ensuring flexibility in their implementation in varying circumstances.

Key Provisions

The National Security (Reinstatement in Civil Employment) Regulations (No. 176 of 1939) are designed to ensure that individuals who have served in the armed forces during wartime are reinstated in their previous civilian employment upon their return. Section 3 of the Regulations mandates that employers must reinstate individuals who have completed war service, ensuring that their employment conditions are not less favourable than they would have been had they remained in service. This means that the employee should be returned to the same position and salary they would have earned if they had stayed in their job. Employers are also required to maintain the employment of these individuals unless there are reasonable grounds for termination, as outlined in Section 4. This section specifies that employers cannot terminate the employment of a reinstated employee without reasonable cause, and if termination occurs within six months of reinstatement, the employer must prove there was reasonable cause. Section 5 further prohibits employers from terminating employment to avoid the obligations set forth in the Regulations, and if a court finds there are reasonable grounds to believe that an employee was terminated to evade these obligations, the employer must prove otherwise. In the event of a breach of these Regulations, the court has the authority to impose fines on the employer, as mentioned in Section 6. A portion of this fine, not exceeding twelve weeks' remuneration at the last rate paid to the employee or former employee, may be ordered to be paid to them. Section 7 allows the Minister to modify contracts of service or apprenticeship to accommodate the period of war service, ensuring fair adjustment and adaptation of the terms related to the extension of service or apprenticeship.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reinstatement in employment of persons who have rendered war service; Termination of employment after reinstatement; Termination of employment in order to evade obligations; Payment of portion of fine to a person affected; Modification of contracts of service or apprenticeship

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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