1National Security (Man Power) Regulations

STATUTORY RULES. 1942\. No. 34. REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.\* WHEREAS by section 13a of the National Security Act 1939-1940 it is enacted, inter alia, that, notwithstanding anything contained in that Act, the Governor-General may make such Regulations making provision for requiring persons to place themselves, their services and their property at the disposal of the Commonwealth, as appear to him to be necessary or expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, or the efficient prosecution of any war in which His Majesty is or may be engaged: And whereas it appears to me to be necessary and expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth and the efficient prosecution of the war in which His Majesty is engaged that Regulations should be made requiring persons, to the extent specified in the following Regulations, to place themselves, their services and their property at the disposal of the Commonwealth: Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940. Dated this thirty first day of January, 1942. (SGD) GOWRIE. Governor-General. By His Excellency’s Command, for and on behalf of the Minister of State for Defence Co-ordination. National Security (Man Power) Regulations. Citation. 1. These Regulations may be cited as the National Security (Man Power) Regulations. Administration 2. These Regulations shall be administered by the Minister of State for Labour and National Service. \* Notified in the Commonwealth Gazette on , 1942. 214.—60/29.1.1942.—Price 8d Objects. 3. The objects of these Regulations are to secure that the resources of man power and woman power in Australia shall be organized and applied in the best possible way to meet the requirements of the Defence Force and the needs of industry in the production of munitions and the maintenance of supplies and services essential to the life of the community and these Regulations shall be administered and construed accordingly. Definitions. 4. In these Regulations, unless the contrary intention appears— “Deputy Director-General” means a Deputy Director-General of Man Power holding office under these Regulations; “National Service Office” means a National Service Office established under these Regulations; “protected industry” means an industry declared to be a protected industry in pursuance of these Regulations; “protected undertaking” means an undertaking declared to be a protected undertaking in pursuance of these Regulations, and includes all undertakings engaged in a protected industry; “the Assistant Director-General and Controller” means the Assistant Director-General of Man Power and Controller of National Service Offices holding office under these Regulations; “the Director-General” means the Director-General of Man Power holding office under these Regulations. Declaration of protected industries and undertakings. 5.—(1.) If it appears to the Minister to be necessary so to do in the interests of the public safety or the defence of the Commonwealth or of any Territory of the Commonwealth he may, by order, declare any industry, or any part or section of an industry, to be a protected industry and any undertaking, or any branch, department or part thereof, to be a protected undertaking. (2.) In this regulation, “undertaking” means any public utility undertaking as defined by regulation 3 of the National Security (General) Regulations, any industrial or commercial enterprise, and any undertaking or service which, in the opinion of the Minister, is essential to the defence of the Commonwealth or of any Territory of the Commonwealth. Exemption from service in the Defence Force. 6.—(1.) If it appears to the Minister or to the Director-General to be necessary in the interests of the public safety or the defence of the Commonwealth or of any Territory of the Commonwealth, he may grant exemption from service in the Defence Force to any person or to the persons included in any class of persons. (2.) Any exemption granted under the last preceding sub-regulation may be temporary or permanent and may be subject to such conditions and reservations as the Minister or the Director-General thinks fit. (3.) The Minister or the Director-General may cancel or vary any exemption granted in pursuance of sub-regulation (1.) of this regulation. (4.) Without affecting the generality of sub-regulation (1.) of this regulation, the Minister may grant exemption from service in the Defence Force to— (a) persons who are students at a theological college as defined by the Australian Military Regulations or who are theological students as prescribed by those Regulations; or (b) members of a religious order or persons who are students at a college maintained solely for training persons to become members of a religious order. (5.) Without affecting the generality of sub-regulation (1.) of this regulation, a Police, Stipendiary or Special Magistrate may grant exemption from service in the Defence Force to any person upon whom, or upon whose parents or dependants, the Magistrate is satisfied that the rendering of such service would impose great hardship. (6.) The Minister may, by order, regulate the procedure with respect to the making and hearing of applications for exemption under the last preceding sub-regulation. (7.) Exemptions under this regulation shall be in addition to the exemptions prescribed by section 61 of the Defence Act 1903-1941. (8.) A person who is exempt from service in the Defence Force by virtue of this regulation shall not thereby be exempt from compliance with regulation 141a of the Australian Military Regulations, and shall (unless the Director-General otherwise directs) do all things required to be done by a person liable to enlist and serve in the Defence Force, but shall not be required to take the oath of enlistment. (9.) Regulation 60a of the National Security (General) Regulations is repealed but every order made and exemption granted thereunder and in force immediately prior to the commencement of these Regulations shall continue in force but may— (a) in the case of an order, be amended or repealed by order made by the Minister or the Director-General; and (b) in the case of an exemption, be varied or revoked by the Minister or the Director-General. (10.) The Reserved Occupations Order, as continued in force under the last preceding sub-regulation, shall have effect as if the second proviso to paragraph 2 thereof were omitted. Applications for certificates of exemption. 7.—(1.) Any person who, having been called upon in pursuance of section 60 of the Defence Act 1903-1941 to enlist and serve in time of war, considers himself to be exempt from such service, may apply to the Director-General for a certificate of exemption. (2.) The Director-General shall issue a certificate of exemption to any person who is, in his opinion, exempt from such service. (3.) Where the Director-General refuses to issue a certificate of exemption to a person who makes application to him in accordance with sub-regulation (1.) of this regulation, that person may, within seven days after the refusal of the Director-General is communicated to him, apply to a Police, Stipendiary or Special Magistrate for a certificate of exemption. (4.) The Minister may, by order, regulate the procedure with respect to the making and hearing of applications for certificates of exemption under the last preceding sub-regulation. (5.) A person to whom a certificate of exemption has been issued in accordance with this regulation shall— (a) produce the certificate on demand by the Director-General; and (b) upon the cessation of the employment, condition or status on which the exemption is based, surrender the certificate to the Director-General. Director General of Man Power. 8.—(1.) There shall be a Director-General of Man Power, who shall have and may, subject to the control and direction of the Minister, exercise such powers and functions as are conferred on him by these Regulations. (2.) The Director-General shall be appointed by the Governor General and shall hold office during his pleasure. (3.) The Director-General may, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers and functions may be exercised by the delegate. (4.) Every delegation under this regulation shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Director-General. Appointment of Assistant Director-General &c. 9. The Minister may, on the recommendation of the Director General, appoint an Assistant Director-General of Man Power and Controller of National Service Offices, and, in each State, a Deputy Director-General of Man Power, who— (a) shall hold office during the pleasure of the Minister; (b) shall be paid such remuneration and allowances as the Minister determines; and (c) shall have and may exercise such powers and functions as are respectively conferred on them by these Regulations, and shall discharge such other duties as the Director General determines. Appointment of officers. 10. The Director-General may, on behalf of the Commonwealth, appoint such officers and employees as are necessary to assist the Director-General in exercising his powers and functions under these Regulations, and officers and employees so appointed shall hold office on such terms and conditions as the Director-General determines. Rights of officers. 11.—(1.) Persons appointed under regulations 8, 9 and 10 of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1941. (2.) If an officer of the Public Service of the Commonwealth is so appointed, his services as an officer or employee under these Regulations shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were a service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1922-1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers’ Rights Declaration Act 1922-1940. (3.) If any person who is employed in the service of any State or authority of a State, or who holds any office or position by virtue of an appointment by the Governor of any State under any law of that State, is so appointed, that person shall not, by accepting the appointment, be deprived in any respect of any rights or privileges (present, accruing or prospective) appertaining to his employment, office or position which he possessed immediately prior to his accepting the appointment. Establishment of National Service Offices. 12. The Minister may, on the recommendation of the Director-General, establish and maintain National Service Offices at such places as he thinks fit, and is hereby authorized to use, in accordance with arrangements made between the Commonwealth and the States for that purpose, as he thinks necessary the services or officers of any organization, undertaking or Government Department in any State. Regulation of engagement of employees. 13.—(1.) Subject to this regulation, after a date specified by the Minister by notice published in the Gazette as the date from which this sub-regulation shall have effect, an employer— (a) who is not engaged in munitions work which is munitions work to which the National Security (Employment) Regulations apply at the commencement of these Regulations; (b) who is not carrying on an undertaking (or any branch, department or part thereof) in any industry specified by the Director-General by notice published in the Gazette to be an industry to which this regulation applies; or (c) who is not carrying on a protected undertaking, shall not seek to engage or engage a male person except after obtaining a permit from the Director-General, or from all officer authorized by him, or through a National Service Office. (2.) An employer to whom the last preceding sub-regulation does not apply shall not, except after obtaining a permit from the Director General, or from an officer authorized by him, or through a National Service Office, seek to engage or engage a male person in any work or undertaking (or any branch, department or part thereof) which is not specified in that sub-regulation. (3.) This regulation shall not apply to the re-engagement of any person by an employer if the re-engagement of that person occurs— (a) within a period of not more than fourteen consecutive days immediately following— (i) the day on which he was last employed by that employer; or (ii) the end of a period of sickness if his engagement with that employer was terminated by reason of that sickness; or (b) on his resumption of work on the termination of any stoppage of work due to a trade dispute where he ceased to be employed owing to that stoppage of work. (4.) The Minister may, by order (either wholly or to the extent specified in the order), exempt from the application of this regulation— (a) any person; (b) the persons included in any class of persons specified in the order; or (c) the persons engaged in any class of employment specified in the order. (5.) After a date specified by the Minister by notice published in the Gazette as the date from which this sub-regulation shall have effect, the provisions of sub-regulation (1.) of this regulation shall apply to such employers, or the employers included in such classes of employers, as are specified in the notice. (6.) Regulation 6 of the National Security (Employment) Regulations is repealed. Provisions relating to persons employed in protected undertakings. 14.— (1.) An employer carrying on a protected undertaking shall not, except with the permission in writing of the Director-General or of a person authorized by him— (a) terminate, except for serious misconduct, the employment in the undertaking of any person employed therein; (b) without terminating his employment, cause or permit any such person to give his services in some other undertaking (except, in case of emergency, for a period not exceeding fourteen days); or (c) except in pursuance of an award, order or determination of an industrial tribunal, or of an industrial agreement, alter any customs or usages observed in the undertaking. (2.) A person employed in a protected undertaking shall not, except with the permission in writing of the Director-General or of a person authorized by him, change his employment. (3.) Notwithstanding any permission given by the Director-General, or by a person authorized by him, under this regulation, the terms of any award, order or determination of any industrial tribunal, or of any contract or other instrument, shall insofar as they relate to the giving by either party of notice to terminate the employment of any person, or the length of such notice, remain in force, but where any such award, order, determination, contract or other instrument provides for the giving of less than one week’s notice to terminate the employment, not less than one week’s notice shall be given, except where the employment of any person is terminated for serious misconduct. (4.) No person employed in a protected undertaking shall be appointed to or enlisted in the Defence Force without the permission in writing of the Director-General. Director General may direct unemployed persons to accept employment. 15.—(1.) The Director-General may direct any person registered as unemployed at any National Service Office to accept such employment in Australia as the Director-General thinks fit, and, in that employment, to perform such work or services as the Director-General specifies, being services which that person is, in the opinion of the Director-General, capable of performing. (2.) The Director-General shall not, under the last preceding sub-regulation, direct any person to accept employment unless the Director-General is satisfied that suitable living accommodation is available for that person in the locality in which it is proposed to direct him to accept employment. (3.) The employer of any person who accepts employment in accordance with a direction under sub-regulation (1.) of this regulation shall pay to that person the rates of wages, and shall observe, in respect of that person, the terms and conditions of employment, prescribed by any award, order or determination of an industrial tribunal, or any industrial agreement, binding the employer in respect of employees of the same classification as the classification in which that person is employed. (4.) Any person who is directed to accept employment under this regulation shall not change that employment except with the permission in writing of the Director-General. (5.) Where any person is directed under this regulation to accept, employment in any locality other than that in which he usually resides, the Director-General shall pay the reasonable transportation charges of that person to the place at which he is required to accept employment. (6.) Where any person who has been directed under this regulation to accept any employment ceases to be engaged therein, the period during which he was so, engaged shall not be taken into account for the purposes of determining what governmental assistance or relief he should receive as an unemployed person. Appeals to Local Appeal Boards. 16.—(1.) If— (a) a person carrying on a protected undertaking or any person by or in respect of whom an application for permission under regulation 14 of these Regulations has been made is aggrieved by reason of the fact that the permission asked for has been given or refused; or (b) any person is aggrieved by reason of the fact that a direction under the last preceding regulation has been given to him, he may, within fourteen days after the giving or refusal of that permission or of the giving of the direction, submit an appeal in writing setting out the grounds thereof to the Director-General. (2.) The Director-General shall forthwith submit the matter to a Local Appeal Board, which shall decide the appeal and shall convey its decision to the Director-General, and the Director-General shall take such action as is necessary to give effect thereto. (3.) The Minister shall constitute such Local Appeal Boards as he considers necessary. (4.) Each Local Appeal Board shall consist of one member to represent employees, one member to represent employers, and a chairman appointed by the Minister. (5.) Panels of persons to represent employers and employees, respectively, shall be selected in such manner as the Minister determines and the members of a Local Appeal Board to represent employers and employees shall be selected from the panels in such manner as the Minister determines. (6.) The chairman and each member of a Local Appeal Board shall be paid such remuneration and allowances as the Minister determines. Provisions as to information. 17. The Minister may, by order or by particular direction, require any person of either sex who is at the date of the notice in Australia or subsequently enters Australia, or any such person included in any class or description of persons specified in the order or direction— (a) to furnish particulars about himself, in the form specified in the order or direction, not later than such date, in such manner, and at such places as are so specified; (b) to furnish particulars about himself and about changes in his place of residence or employment, or otherwise, in addition to any particulars already furnished by him, not later than such date, in such manner, and at such place, as are specified in the order or direction; and (c) to attend at such place as the Director-General, or any person thereto authorized by him, requires for the purpose of being interviewed by any person. Withdrawal of exemptions from service in the Defence Force. 18.—(1.) If the Director-General is of opinion that it is in the interests of the defence of the Commonwealth that any person for the time being exempt from service with the Defence Force, otherwise than by virtue of any provision contained in paragraphs (a) to (i) of sub-section (1.) of section 61 of the Defence Act 1903-1941, should not continue to be so exempt, he may by notice addressed to that person, withdraw the exemption and thereupon that person shall cease to be so exempt. (2.) Nothing in this regulation shall authorize the withdrawal of the exemption of a person where the provisions of any Regulations under the National Security Act 1939-1940 provide that that person shall not be appointed to or enlisted in the Defence Force unless it is intended that his trade skill is to be fully utilized therein. Committees of Advice. 19.— (1.) The Minister may appoint a Commonwealth Committee of Advice and in each State a State Committee of Advice, to advise the Director-General and the Deputy Directors-General on such matters relating to the administration of these Regulations as are referred to the Committee. (2.) Each such Committee shall consist of five members, one of whom shall be the Chairman, two of whom shall be representatives nominated by employers’ organizations within the period and in the manner determined by the Minister and two of whom shall be nominated by employees’ organizations within the like period and in the like manner. (3.) In the event of any nomination not being furnished within the period or in the manner determined by the Minister the representative shall be appointed by the Minister without nomination. Records. 20. Every employer shall— (a) keep such records relating to his employees or otherwise, and in such form, as the Director-General, by order, directs; (b) produce, on demand, the records so kept to the Director-General or to an officer authorized by him in that behalf; (c) furnish to the Director-General or to an officer authorized by him in that behalf, such information or returns relating to his employees or otherwise as is specified by the Director-General by order, not later than a date specified in the order and in accordance with the instructions and in the form prescribed by the order; and (d) permit any person authorized by the Director-General in that behalf to enter and inspect any premises for the purpose of ascertaining whether the provisions of these Regulations and of any order thereunder are being complied with and to question any person for the time being thereon. Offences. 21. A person shall not— (a) neglect or fail to comply with any lawful direction or requirement of the Minister, the Director-General, or any person authorized to give the direction or make the requirement, under these Regulations; or (b) obstruct any person in the exercise of his duties under these Regulations. By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra. 214.—2