National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1942 No. 517, made under the National Security Act 1939-1940, addresses the need to ensure that officers loaned to the Commonwealth or transferred to the Commonwealth Public Service are subject to the same terms and conditions as regular Commonwealth Public Service employees. This regulation was enacted by the Governor-General in Council, on the advice of the Minister of State for Defence, to harmonise the employment terms of these officers with those of the Commonwealth Public Service, thereby ensuring consistency and fairness in their treatment. The policy objective is to extend the applicability of the Arbitration (Public Service) Act 1920-1934 to these officers, effectively aligning their employment rights and obligations with those of other Commonwealth Public Service employees.

Scope and Application

The Statutory Rules 1942, No. 517, made under the National Security Act 1939-1940, amends the National Security (Supplementary) Regulations to extend the application of the Arbitration (Public Service) Act 1920-1934 to certain officers loaned to the Commonwealth or transferred to the Commonwealth Public Service during the war period. Specifically, the amended regulation specifies that officers who are transferred to the Commonwealth Public Service under the Income Tax (War-time Arrangements) Act 1942 or loaned to the Commonwealth, as defined by sub-regulation (2) of regulation 77 of the Supplementary Regulations, are subject to the Arbitration (Public Service) Act 1920-1934 in the same manner as employees within the Commonwealth Public Service. This amendment ensures that any references in the Arbitration (Public Service) Act 1920-1934 to an organization include relevant state public service associations such as the Public Service Association of New South Wales, the Victorian Public Service Association, the State Service Union of Queensland, the Public Service Association of South Australia, and the Tasmanian Public Service Association.

Key Provisions

This legislative instrument amends the National Security (Supplementary) Regulations by adding a new regulation concerning the application of the Arbitration (Public Service) Act 1920-1934 to certain officers who have been loaned to or transferred to the Commonwealth (regulation 86). Specifically, this regulation extends the provisions of the Arbitration (Public Service) Act to officers who are loaned to the Commonwealth and are covered by sub-regulation (2) of regulation 77 of the National Security (Supplementary) Regulations (section 86(1)). It also ensures that references to organisations within the Arbitration (Public Service) Act will include specified state-based public service associations when applied to these officers (section 86(2)(a)-(b)). The regulation imposes specific obligations on officers who are loaned to or transferred to the Commonwealth, requiring them to be subject to the same arbitration provisions that apply to public service employees (section 86(1)). These obligations include adherence to the conditions, terms, and awards determined by the relevant industrial tribunals under the Arbitration (Public Service) Act 1920-1934 (section 86(2)). This means that the officers must abide by any decisions made by the industrial tribunals regarding their employment conditions and remuneration. Failure to comply with the provisions of this regulation, or any of the obligations it imposes, may result in legal consequences. While the regulation itself does not specify explicit penalties, any breaches of the Arbitration (Public Service) Act 1920-1934 could potentially lead to enforcement actions or legal disputes, as provided under the Arbitration (Public Service) Act. The penalties for breaches of the Arbitration (Public Service) Act could include fines or other sanctions as determined by the relevant industrial tribunal or court.