STATUTORY RULES.
1944. No. 147.
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REGULATIONS UNDER THE WAR SERVICE HOMES ACT 1918-1941.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Service Homes Act 1918-1941.
Dated this fourth day of October, 1944.
W. DUGAN
Administrator.
By His Excellency’s Command,
Minister of State for Repatriation.
Amendments of War Service Homes (Staff) Regulations.†
Recreation leave.
1. Regulation 50 of the War Service Homes (Staff) Regulations is amended by adding at the end thereof the following sub-regulations:—
“(5.) Notwithstanding anything contained in this regulation, recreation leave for which an officer was or becomes eligible on or after the third day of September, 1939, may be granted at any time not later than twelve months after the date upon which His Majesty ceases to be engaged in war, in any case where the Commissioner certifies that, owing to circumstances attributable to the war, it was not previously practicable to grant that leave.
“(6.) If an officer eligible for recreation leave dies, and the Commissioner is satisfied that he had not been granted the leave for which he was eligible on account of circumstances attributable to the war which commenced in the year One thousand nine hundred and thirty-nine, the Commissioner may authorize payment to the dependants of the officer of a sum equivalent to the amount of remuneration which he would have received in respect of the period of such leave, excluding any
* Notified in the Commonwealth Gazette on , 1944.
† Statutory Rules 1938, No. 64, as amended by Statutory Rules 1939, Nos. 32 and 136; 1940, Nos. 47 and 274; 1941, Nos. 142, 162, 183 and 264; 1942, Nos. 226 and 463; 1943, No. 238; and 1944, No. 98.
5859.—Price 3d. 10/19.9.1944.
portion of the leave accruing in the calendar year of the officer’s death, had he been granted the leave immediately prior to the date of his death.”.
Basis of computation of sick leave.
2. Regulation 60 of the War Service Homes (Staff) Regulations is amended by adding, after the second proviso to paragraph (a), the following proviso:—
“Provided also that, where an officer who has served in the Forces during the continuance of the war which commenced in the year One thousand nine hundred and thirty-nine is granted sick leave owing to illness or injury arising out of his war service, any such leave granted within three years following his resumption of duty upon discharge from the Forces shall not be deducted from his sick leave credit.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The War Service Homes (Staff) Regulations 1944 were made under the War Service Homes Act 1918-1941 by the Commonwealth Government, specifically the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of these regulations was to address the logistical and administrative challenges posed by World War II on the granting of leave and compensation to staff members of war service homes. These amendments were introduced to ensure that the staff, who had been impacted by the war, received the appropriate leave and benefits that they were entitled to, even in circumstances where the war had made it difficult to process these claims promptly.
Scope and Application
The War Service Homes (Staff) Regulations, as amended by the Statutory Rules 1944 No. 147, apply to officers who served in the forces during the war that began in 1939. These regulations, which are subsidiary legislation under the War Service Homes Act 1918-1941, pertain specifically to staff within war service homes, addressing matters such as recreation leave and the basis of computation for sick leave. The regulations have a national scope, impacting all officers throughout the Commonwealth of Australia. Notably, they provide flexibility in granting recreation leave that was previously unfeasible due to war circumstances, extending the eligibility period up to twelve months after the cessation of war. Additionally, they ensure that sick leave resulting from war service is not deducted from an officer's sick leave credit if granted within three years of resuming duty post-discharge. These provisions aim to offer necessary support and recognition to those affected by their wartime service.
Key Provisions
The primary operative sections of these Regulations pertain to amendments of the War Service Homes (Staff) Regulations, specifically addressing recreation leave and the basis for computing sick leave for officers who have served in the forces during the war. Regulation 50 has been amended to allow officers who were or become eligible for recreation leave on or after September 3, 1939, to have this leave granted within twelve months following the cessation of war, provided the Commissioner certifies that war circumstances previously prevented the grant of this leave. This amendment ensures that officers who were unable to take their leave due to war-related reasons can now do so within a specified period after the war ends (War Service Homes (Staff) Regulations, Regulation 50(5)). Additionally, if an officer eligible for such leave dies without having taken it due to war circumstances, the Commissioner may authorise a payment to the officer's dependents equivalent to the remuneration they would have received for the leave period, excluding any leave accruing in the year of the officer’s death (War Service Homes (Staff) Regulations, Regulation 50(6)).
These Regulations impose obligations on the Commissioner of War Service Homes to certify and authorise actions regarding the grant of leave and payments to dependents. The Commissioner must verify that war circumstances indeed prevented the grant of leave and that the officer had not taken the leave prior to death. The Commissioner’s role is crucial in ensuring that the provisions of the amended Regulations are applied correctly and fairly to affected officers and their dependents (War Service Homes (Staff) Regulations, Regulation 50(5) and (6)).
The Regulations do not explicitly detail offences, penalties, or consequences for breach. However, the failure to comply with the provisions regarding the grant of leave and the certification process could potentially lead to disputes or claims by officers or their dependents, which might need to be resolved in a court of law. The Commissioner’s decisions on the grant of leave and payments would be subject to judicial review if deemed to be made without proper authority or in error (War Service Homes (Staff) Regulations, Regulation 50(5) and (6)). The emphasis on the Commissioner’s certification suggests a need for careful and documented decision-making processes to avoid potential legal challenges.