STATUTORY RULES.
1947. No. 100.
REGULATION UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*
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 Re-establishment and Employment Act 1945.
Dated this twenty-third day of July, 1947.
W.J. McKell
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Post-war Reconstruction.
———
Amendment of the Re-establishment and Employment Regulations.†
After regulation 15 of the Re-establishment and Employment Regulations the following regulations are inserted:—
Parts.
“16. Section three of the Principal Act is amended by omitting the words ‘Legal Aid Bureaux ‘and inserting in their stead the words ‘Legal Service Bureaux’.
Headings to Part IX.
“17. The Heading to Part IX. of the Principal Act is amended by omitting the words ‘Legal Aid Bureaux’ and inserting in their stead the words ‘Legal Service Bureaux’.
Legal Service Bureaux.
“18. Section one hundred and five of the Principal Act is amended by omitting the words ‘legal aid bureaux’ (wherever occurring) and inserting in their stead the words ‘legal service bureaux’.”.
Continuation of protection afforded.
“19. Section one hundred and twenty of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words ‘The protection’ and inserting in their stead the words ‘Subject to sub-section (1a.) of this section, the protection’; and
(b) by inserting after sub-section (1.) the following subsection:—
‘(1a.) The protection afforded by section one hundred and eighteen of this Act shall continue in accordance with the provisions of this section as if for the words “twelve months” (wherever occurring) there were substituted the words “two years”.’.”.
* Notified in the Commonwealth Gazette on , 1947.
† Statutory Rules 1945, No 181, as amended by Statutory Rules 1946, Nos. 14, 57, 85, 130, 165, 167 and 177; and 1947, Nos. 12, 52 and
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
57.—Price 3d. 10/9.7.1947.
Overview
Statutory Rules 1947, No. 100, made under the Re-establishment and Employment Act 1945, was enacted to address the need for amendments to the Re-establishment and Employment Regulations concerning the nomenclature and scope of legal service bureaux, as well as the extension of protection afforded to former service personnel. This regulation was introduced by the Governor-General in Council and is intended to refine the existing legal framework to better support the re-establishment of former service personnel post-war. The policy objective is to ensure that legal services provided to these individuals are appropriately categorised and that their legal protections are adequately extended to support their transition back into civilian life.
Scope and Application
The Re-establishment and Employment Regulations 1947, made under the Re-establishment and Employment Act 1945, apply to entities and individuals whose employment and re-establishment are governed by the Principal Act. Specifically, these regulations govern the amendments related to legal service bureaux, replacing the terminology of "legal aid bureaux" with "legal service bureaux" across various sections and subsections of the Act, thus extending the scope of legal services available to those affected by the Act. The regulations also amend the duration of protection for individuals covered by the Act, extending it from twelve months to two years. This legislation has a national reach, applicable across the Commonwealth of Australia, and is enforced through subordinate statutory rules. The regulations do not explicitly state exclusions or thresholds but are subject to further interpretation and application through subsequent amendments and legal precedents.
Key Provisions
The key operative sections of the regulation amend the Re-establishment and Employment Act 1945 by replacing references to "Legal Aid Bureaux" with "Legal Service Bureaux" in several instances. This change is detailed in regulations 16, 17, and 18. Regulation 16 modifies section three of the Principal Act by altering the terminology, while regulation 17 adjusts the heading of Part IX, and regulation 18 ensures consistency throughout section one hundred and five of the Principal Act. Additionally, regulation 19 extends the protection period for certain provisions from twelve months to two years, as outlined in subsection (1a.) of section one hundred and twenty of the Principal Act.
These amendments impose obligations on parties and entities governed by the Act, primarily concerning the terminology used and the duration of protections. By substituting "Legal Aid Bureaux" with "Legal Service Bureaux," the regulation ensures that all references are consistent and up-to-date. Furthermore, the extension of protection from twelve months to two years under regulation 19 alters the scope and duration of the safeguards provided to affected individuals, requiring compliance with the new timeframe.
Breaches of the provisions in this regulation may result in various consequences, though specific offences, penalties, or detailed consequences are not explicitly stated in the text provided. Under the Re-establishment and Employment Act 1945, failure to comply with regulations could potentially lead to civil or criminal liabilities, depending on the nature and severity of the breach. However, the exact penalties are not detailed within the regulation itself and would need to be referred to in the principal Act or further legislation for precise understanding.