STATUTORY RULES.
1943. No. 222.
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 first day of September, 1943.
(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 (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Police reports to be absolutely privileged in certain circumstances.
“112. Where a member of the police force of the Commonwealth or of a State or Territory of the Commonwealth furnishes or has, before the commencement of this regulation, furnished a report, either orally or in writing, pursuant to a request made in the course of his duty—
(a) by a commissioned officer of the naval, military or air forces of His Majesty or of any allied or other foreign force serving in association with His Majesty’s armed forces; or
(b) by an officer of any department or authority of the Commonwealth or a State,
for information in relation to any matter connected with the public safety or the defence of the Commonwealth or the more effectual prosecution of the war, no action, suit or other proceeding shall be maintainable against that member in respect of that report”.
* Notified in the Commonwealth Gazette on , 1943.
†Statutory Rules 1940, No. 126, as amended to date For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1943, No. 169; and see also Statutory Rules 1943, Nos. 172, 173, 180 and 182.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4594.—Price 3d. 25/26.7.1943
Overview
Statutory Rules 1943 No. 222, enacted on 1 September 1943, amends the National Security (Supplementary) Regulations under the National Security Act 1939–1943. This legislative instrument was introduced to address the need for protecting the confidentiality of information provided by police officers during the Second World War. The regulation was enacted by the Governor-General in Council, with the aim of ensuring that police officers would not face legal repercussions for reports provided to military or government officials in the interest of national security and defence. The policy objective is to safeguard the integrity and confidentiality of communications related to national safety and the prosecution of the war, thereby encouraging the free flow of necessary information without fear of legal action.
This regulation is significant in the context of wartime operations where the exchange of sensitive information is critical. By granting absolute privilege to police reports made in the course of duty to specific authorised individuals, the legislation aims to facilitate efficient and secure communication channels. This measure underscores the importance of protecting those who contribute to national security efforts, ensuring that their actions are shielded from potential legal challenges that might otherwise hinder their duties.
Scope and Application
This statutory regulation, made under the National Security Act 1939–1943, amends the National Security (Supplementary) Regulations to extend absolute privilege to police reports furnished in the course of duty to specific military or governmental officials in relation to matters of public safety, defence, or prosecution of war. The privilege applies to reports provided by members of police forces at the Commonwealth, state, or territory level, and the protection extends to both written and oral reports made before and after the regulation’s commencement. The scope of the Act ensures that no legal action can be pursued against a police officer for the content of such reports, thereby safeguarding the integrity and effectiveness of communications critical to national security and wartime operations. The regulation does not specify exclusions or exemptions but implies that the privilege is strictly limited to reports made in the course of duty and for the specified purposes. This legislative amendment demonstrates the Commonwealth’s intent to bolster national security measures by legally protecting essential information exchanges during wartime.
Key Provisions
The key operative section of the regulation (section 112) establishes that any report given by a member of the police force in the course of their duty, in response to a request from a commissioned officer or a government official, is absolutely privileged in certain circumstances. This means that such reports, whether oral or written, cannot be the basis of any legal action, suit, or other proceeding against the police member. The regulation applies to reports given before and after the commencement of this regulation.
The Act imposes a clear obligation on police members to provide accurate and relevant information to commissioned officers or government officials when requested, as these reports are afforded absolute privilege. This privilege protects the police member from any legal repercussions that might arise from the content of the report, as long as it was provided in the course of their duty and in response to a legitimate request.
Breaches of this regulation, however, are not explicitly outlined within the text provided. The regulation itself does not directly impose penalties for non-compliance or breaches, as its primary focus is on granting privilege to police reports under specified conditions. It is likely that any failure to comply with the regulation would be addressed under other provisions of the National Security Act 1939–1943 or related legislation, although such details are not provided here. The overarching objective is to ensure that police members can freely provide necessary information without fear of legal action, thereby facilitating the public safety and prosecution of the war.