Re-establishment and Employment (Conditions of Entry into Employment) Regulations (Amendment)

Overview

The Statutory Rules 1948, No. 16, under the Re-establishment and Employment Act 1945, addresses the need for regulations to facilitate the employment of discharged members of the armed forces as electrical fitters and mechanics in Queensland. This legislative instrument was enacted by the Governor-General in Council and aims to align with the Tradesmen’s Rights Regulation Act 1946 and the Electrical Workers Acts, 1927 to 1931 of the State of Queensland. The primary objective is to ensure that these discharged members can be effectively trained and certified for employment in the electrical trades, thereby supporting their reintegration into civilian employment and contributing to post-war reconstruction efforts.

Scope and Application

The Re-establishment and Employment (Conditions of Entry into Employment) Regulations 1948 under the Re-establishment and Employment Act 1945 apply to discharged members of the Forces who are seeking employment as electrical fitters or electrical mechanics in the State of Queensland. These Regulations specifically target individuals who have completed their service and wish to transition into civilian roles within the electrical trades. Employers must be approved by the Local (Electrical Trades) Committee, and the individuals in question must undergo training as authorized by this committee and the Board, with the aim of obtaining a certificate of competency. Once a person has been granted a certificate of competency, they are entitled to work as an electrical fitter or electrical mechanic within Queensland, with the same rights and obligations as those under the Electrical Workers Acts, 1927-1931 of Queensland. These Regulations thus provide a clear framework for the re-establishment of service personnel into the civilian workforce, ensuring that they meet the necessary standards and qualifications for their chosen trades.

Key Provisions

The main operative sections of the Regulations under the Re-establishment and Employment Act 1945 pertain to the conditions for employment and competency certification of electrical fitters and electrical mechanics in Queensland. Section 10 specifies that employers approved by the Local Committee can employ discharged members of the Forces as electrical fitters or mechanics if their employment has been authorised by the Local Committee, and they can train these individuals in accordance with the approved methods by the Local Committee and the Board. Section 11 outlines the process for a probationary or trainee tradesman to apply for a certificate of competency as an electrical fitter or mechanic, including passing an examination conducted by the Board or a recognised tradesman. Section 12 states that a person granted a certificate of competency can legally practice as an electrical fitter or mechanic in Queensland, with the provisions of the Electrical Workers Acts, 1927-1931 applying to such certificates. The Regulations impose obligations on various parties. Employers must be approved by the Local Committee to employ discharged members as electrical fitters or mechanics and must adhere to the training methods approved by both the Local Committee and the Board. The Local Committee is responsible for authorising the employment of discharged members and must ensure that the training complies with the stipulated standards. The Board has the duty to conduct examinations for competency certification and to assess whether applicants possess the required practical and theoretical knowledge to perform the duties of an electrical fitter or mechanic. The discharged members themselves must complete their training and pass the competency examinations to be eligible for a certificate of competency. The Regulations do not explicitly state offences, penalties, or civil/criminal consequences for breaches. However, by implication, failure to comply with the requirements for employment and certification could result in legal repercussions under the relevant Acts and regulations. For example, practising as an electrical fitter or mechanic without a valid certificate of competency could lead to penalties under the Electrical Workers Acts, 1927-1931 of the State of Queensland. Employers who do not follow the approved training methods or fail to secure necessary authorisations from the Local Committee might also face legal action or penalties for non-compliance with the Re-establishment and Employment Act 1945 and its Regulations.