Re-establishment and Employment Act 1958

Legislation au C1958A00007 Not in force Act

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RE-ESTABLISHMENT AND EMPLOYMENT.

 

No. 7 of 1958.

An Act to amend the Re-establishment and Employment Act 1945–1956, and for other purposes.

[Assented to 6th May, 1958.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation

1.—(1.) This Act may be cited as the Re-establishment and Employment Act 1958.

(2.) The Re-establishment and Employment Act 1945–1956 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Re-establishment and Employment Act 1945–1958.

Commencement.

2. This Act shall come into operation on the first day of September, One thousand nine hundred and fifty-eight.


3. Section three of the Principal Act is repealed and the following section inserted in its stead:—

Parts.

“3. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–7a).

Part II.—Provisions Relating to Employment.

Division 1.—Reinstatement in Civil Employment (Sections 8–21a).

Division 2.—Preference in Employment (Sections 22–34).

Division 3.—Apprenticeship (Sections 35–45a).

Division 4.—Modification of Conditions of Entry to Employment (Section 46).

Division 5.—The Commonwealth Employment Service (Sections 47–49).

Part III.—Vocational Training (Sections 50–54a).

Part IV —Disabled Persons (Sections 55–62a).

Part V.—Demobilization (Section 63).

Part VI.—Re-establishment Assistance.

Division 1.—Re-establishment Leave (Sections 64–65).

Division 2.—Re-employment Allowances (Sections 66–90).

Division 3.—Re-establishment Loans (Sections 91–99).

Division 4.—Business Re-establishment Allowances (Sections 100–102a).

Part VII.—Servicemen’s Settlement (Section 103).

Part VIII.—Housing (Section 104).

Part IX.—Legal Service Bureaux (Section 105).

Part XI.—Provisions Relating to Members of the Forces (Korea and Malaya Operations).

Division 1.—General (Sections 138–139).

Division 2.—Reinstatement in Civil Employment (Sections 140–149).

Division 3.—Rehabilitation of Disabled Persons (Sections 150–152).

Part XII.—Miscellaneous (Section 153).”.

Repeal of Part X.

4. Part X. of the Principal Act is repealed.

Postponed payments under mortgages. &c.

5.—(1.) Subject to this section, where, by force of section one hundred and nine of the Principal Act, the time for payment of any money was postponed and, by reason of the postponement, the payment had not fallen due before the date of commencement of this Act, the postponement shall terminate, and the payment shall fall due, on that date.


(2.) Where, in accordance with sub-section (7.) of section one hundred and nine of the Principal Act, the times for payment of any instalments of principal or purchase money were postponed—

(a) if one or more of those instalments had, by reason of the expiry of the relevant period or periods of postponement, become payable before the date of commencement of this Act, the times for payment of any subsequent instalments continue, by force of this Act, to be postponed as if Part X. of the Principal Act had not been repealed; or

(b) if none of those instalments had so become payable before the date of commencement of this Act, the last preceding sub-section applies to the first of those instalments and the time for payment of each subsequent instalment is, by force of this Act, postponed so that the instalment will fall due on the date on which it would have fallen due if Part X. of the Principal Act had not been repealed and the period of postponement under that Part of the time for payment of the first of those instalments had ended on the date of commencement of this Act.

(3.) Where the time for payment of any instalments under a mortgage or agreement is postponed by this section, the provisions of Part X. of the Principal Act (other than provisions postponing the time for payment of those instalments) continue to apply in relation to that mortgage or agreement as if those provisions had not been repealed and the postponement had been effected under section one hundred and nine of the Principal Act.

Continuation of certain stayed proceedings.

6. Notwithstanding the repeal of section one hundred and twelve of the Principal Act, all proceedings which could have been continued, and all remedies which could have been pursued, by virtue of sub-section (2.) of that section if that sub-section had not been repealed may be continued or pursued, as the case may be, as if that sub-section had not been repealed.

Cessation of suspension of execution and other remedies.

7. Where, immediately before the date of commencement of this Act, any execution or proceeding was suspended by force of sub-section (2.) of section one hundred and seventeen of the Principal Act, the suspension shall be deemed to cease on that date.

Period of postponement, &c., not to be taken into account for purposes of any Statute of Limitations.

8. In calculating the time fixed by any Statute of Limitations or other law in force in the Commonwealth or a part of the Commonwealth or in a Territory of the Commonwealth within which any action may be commenced or other remedy may be pursued, account shall not be taken of any period during which the time for payment of any money was postponed, or during which any proceedings, or proposed proceedings, were stayed,


prohibited or suspended, under the Re-establishment and Employment Act 1945, or under that Act as amended at any time, or under any of the regulations referred to in Part X. of that Act as “the previous Regulations”, or under this Act, where the postponement, stay, prohibition or suspension would have prevented, either absolutely or except with the leave of a court, the bringing or maintaining of the action or the pursuit of the remedy.

Orders of courts to cease to have effect.

9. An order of a court having effect immediately before the date of commencement of this Act, being an order made under Part X. of the Principal Act or an order referred to in sub-section (2.) of section one hundred and six of that Act, shall cease to have effect on that date, but without prejudice to the previous operation of the order.

Extension of operation of certain provisions to members of the Forces (Korea and Malaya Operations).

10. Section one hundred and thirty-eight of the Principal Act is amended by omitting from sub-section (1.) the words “Parts VIII., IX., X. and XII. of this Act” and inserting in their stead the words “Parts VIII., IX. and XII. of this Act”.

 

Overview

The Re-establishment and Employment Act 1958 was enacted to amend the Re-establishment and Employment Act 1945–1956, aiming to address the evolving needs of individuals transitioning from military to civilian life. This Act was introduced to provide updated provisions for the reinstatement of ex-servicemen and women in civil employment, their vocational training, and other related support systems. Enacted by the Parliament of the Commonwealth of Australia, the policy objective of this Act was to streamline and modernise the support structures for veterans, ensuring they receive adequate assistance in re-establishing their lives in civilian society. The Act came into operation on 1 September 1958, replacing and repealing certain sections of the Principal Act, while continuing some provisions to maintain the integrity of existing agreements and processes. The Re-establishment and Employment Act 1958 specifically aimed to address gaps left by the Principal Act, particularly in the realms of financial assistance and legal support for veterans. It included provisions for postponed payments under mortgages, ensured the continuation of certain legal proceedings, and addressed the cessation of suspensions and the impact of postponement on statutes of limitation. By refining the legislative framework, this Act sought to enhance the effectiveness of support for ex-service personnel, ensuring they could smoothly transition back into civilian life with necessary protections and benefits.

Scope and Application

The Re-establishment and Employment Act 1958 applies to the Commonwealth of Australia and its territories, governing the terms and conditions of employment for individuals who have served in the armed forces, particularly those who participated in the Korea and Malaya operations. This Act serves to amend the original Re-establishment and Employment Act 1945–1956, expanding its scope to include provisions relating to vocational training, housing, and the establishment of Legal Service Bureaux. It provides for the reinstatement of service members in civil employment, preference in employment, apprenticeships, and various allowances and assistance for re-establishment and rehabilitation. The Act also covers the continuation of postponed payments under mortgages and the cessation of certain stayed proceedings or suspended executions immediately upon its commencement. Notably, the Act excludes certain provisions that were repealed, such as those related to the suspension of execution and other remedies, which cease to have effect upon the Act’s commencement. While the Act applies broadly to individuals who served in the armed forces and their dependents, specific exclusions and exemptions are detailed within its various sections. For instance, Part X of the Principal Act has been repealed, and its provisions do not extend to matters covered by this new Act. The Act also allows for the extension of certain provisions to members of the forces involved in the Korea and Malaya operations, modifying the original scope to better address their unique circumstances. The Act’s geographic reach is nationwide, impacting all Commonwealth territories, and its provisions are designed to ensure comprehensive support and reintegration for service members and their families.

Key Provisions

The Re-establishment and Employment Act 1958 (the Act) amends the Re-establishment and Employment Act 1945–1956, establishing a new structure for the Act with updated and repealed sections. The Act comes into effect on 1 September 1958 and includes various provisions across different parts, such as preliminary matters (Part I), employment provisions (Part II), vocational training (Part III), and re-establishment assistance (Part VI). Notably, the Act repeals Part X of the Principal Act, which previously dealt with postponed payments under mortgages and similar agreements. Under the Act, several obligations and requirements are imposed on the parties and entities it governs. For instance, section 5 governs the termination and resumption of postponed payments under mortgages or agreements, ensuring that any postponed payments due before the Act's commencement now fall due on that date. Similarly, section 6 allows for the continuation of certain legal proceedings that were stayed or postponed under the previous Act. Additionally, section 7 addresses the cessation of suspended executions or proceedings that were in place before the Act's commencement. The Act also outlines specific consequences for breaches of its provisions. For instance, section 8 stipulates that periods during which payments were postponed or proceedings were stayed under the Act should not be taken into account for the purposes of any Statute of Limitations. Section 9 specifies that orders of courts made under the repealed Part X of the Principal Act cease to have effect on the Act's commencement date, though these orders' prior operations are not prejudiced. Section 10 extends certain provisions of the Act to members of the Forces involved in Korea and Malaya operations, ensuring they benefit from specific re-establishment and employment provisions. Failure to comply with the Act's provisions can lead to various legal consequences. While the Act itself does not explicitly detail penalties for breaches, contraventions of such legislative provisions typically attract penalties under general legal frameworks, which can include fines, imprisonment, or other civil remedies, depending on the nature and severity of the breach. It is essential for parties and entities governed by the Act to adhere to its stipulations to avoid these potential consequences.

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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.