35Amendment of the Defence Act [published separately]

An Act to provide for the Re-establishment in Civil Life of Members of the Forces, for facilitating their Employment, and for other purposes Do not delete : Chapter placeholder ## Part I—Preliminary Do not delete : Division placeholder ##### 1 Short title \[see Note 1\] This Act may be cited as the Re-establishment and Employment Act 1945. ##### 2 Commencement \[see Note 1\] The several Parts and Divisions of this Act shall commence on such dates as are respectively fixed by Proclamation. ##### 4 Interpretation \[see Note 2\] (1) In this Act, unless the contrary intention appears: > Australia includes the external Territories. > member of the Forces means: (a) a person who is or was, during the war, a member of the Permanent Forces, other than the Australian Imperial Force; (b) a person who is or was, during the war, a member of the Australian Imperial Force; (c) a member of the Citizen Forces who is or was enlisted, appointed or called up for continuous service for the duration of, and directly in connexion with, the war; (d) a person who is or was, during the war, engaged on continuous full-time service as a member of any of the following Services: The Royal Australian Naval Nursing Service; The Women’s Royal Australian Naval Service; The Australian Army Nursing Service; The Australian Women’s Army Service; The Australian Army Medical Women’s Service; The Royal Australian Air Force Nursing Service; The Women’s Auxiliary Australian Air Force; (e) a member of a Voluntary Aid Detachment who is or was, during the war, engaged on continuous full-time paid duty with any part of the Defence Force; (f) a member of the Naval, Military or Air Forces of any part of the King’s dominions other than Australia, who is or was, during the war, engaged on service in a prescribed area and was born in Australia or was, immediately prior to his becoming a member of any of those Forces, domiciled in Australia; and (g) a person who is or was, during the war, engaged on continuous full-time service with any Nursing Service or other Women’s Service auxiliary to the Naval, Military or Air Forces of any part of the King’s dominions other than Australia who was born in Australia or was, immediately prior to her becoming a member of that Service, domiciled in Australia; but does not include any enemy alien who served during the war as a member of the Army Labour Corps but not otherwise. > the Minister, in relation to any provision of this Act, means the Minister for the time being administering the Part or Division of this Act in which that provision occurs. > the war means the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, and includes any other war in which His Majesty became engaged after that date and before the date of commencement of this Part. > war service means: (a) service as a member of the Permanent Forces, other than the Australian Imperial Force; (b) service in the Australian Imperial Force; (c) the service of a member of the Citizen Forces when called out for war service in pursuance of the Defence Act 1903‑1945, or during continuous training under that Act, the Naval Defence Act 1910-1934 or the Air Force Act 1923‑1941; (d) the continuous full-time service in the Defence Force under any Act or under any regulations under an Act, of any person who volunteers and is accepted for that service during war; (e) in the case of a person specified in paragraph (d), (e), (f) or (g) of the definition of member of the Forces, service in any of the bodies specified in those paragraphs; or (f) in relation to any of the provisions of this Act, the continuous full-time service of any person as a member of an organization or part thereof which is declared by proclamation to be an organization in relation to which those provisions apply. (2) For the purposes of this Act, a member of the Forces who has ceased to be engaged on war service shall be deemed to have been discharged. (3) Where a person: (a) was appointed or enlisted, on or before the thirtieth day of June, One thousand nine hundred and forty-seven, for service in a part of the Defence Force which was raised in time of war for war service, or enlisted, on or before that date, solely for service in time of war or for service during that time and a definite period thereafter; or (b) enlisted in the Permanent Forces after the thirtieth day of June, One thousand nine hundred and thirty-seven, and before the first day of October, One thousand nine hundred and forty, for a definite period not exceeding twelve years; and his service was not terminated before the thirtieth day of June, One thousand nine hundred and forty-nine, he shall, for the purposes of Divisions 1 and 3 of Part II and Divisions 2, 3 and 4 of Part VI of this Act, be deemed to have ceased to be engaged on war service on the last-mentioned date. ##### 5 Extension of certain provisions of Act to members of Dominion etc. Forces (1) The regulations may provide that persons resident in Australia who were, during the war, engaged on service in a prescribed area with the Naval, Military or Air Forces of a prescribed part of the King’s dominions other than Australia, of a prescribed foreign power allied or associated with His Majesty or of any prescribed foreign authority recognized by His Majesty as competent to maintain Naval, Military or Air Forces for service in association with His Majesty’s Forces, shall, for the purposes of such of the provisions of this Act (other than Division 2 of Part II and Division 1 of Part VI) as are specified in the regulations, be deemed to be discharged members of the Forces. (2) The regulations may amend, vary, limit or modify the application of any of the provisions of this Act in their application to persons referred to in the last preceding subsection. ##### 6 Application to Territories This Act shall extend to all the Territories. ##### 7 Delegation (1) A Minister may, by writing under his hand, delegate all or any of his powers and functions under this Act, except this power of delegation, so that the delegate may exercise the powers and functions specified in the instrument of delegation. (2) Where under this Act the exercise of any power or function by a Minister, or the operation of any provision of this Act, is dependent upon the opinion, belief or state of mind of a Minister in relation to any matter, that power or function may be exercised by the delegate of the Minister, or that provision may operate, as the case may be, upon the opinion, belief or state of mind of the delegate in relation to that matter. (3) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister. ##### 7A Delegation by prescribed authorities (1) A prescribed authority may delegate to any person all or any of the powers and functions of the prescribed authority under this Act or under the regulations, except this power of delegation, so that the delegate may exercise the powers and functions specified in the instrument of delegation. (2) Where the exercise of any power or function by a prescribed authority, or the operation of any provision of this Act or of the regulations, is dependent upon the opinion, belief, or state of mind of the prescribed authority in relation to any matter, that power or function may be exercised by the delegate of the prescribed authority, or that provision may operate, as the case may be, upon the opinion, belief or state of mind of the delegate in relation to that matter. (3) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the prescribed authority. (4) Any reference in this Act or in the regulations to a prescribed authority shall, in relation to any matter, be deemed to include a reference to a delegate of the prescribed authority exercising any power or function in relation to that matter. ## Part II—Provisions Relating to Employment ### Division 1—Reinstatement in Civil Employment ##### 8 Modification of the Defence Act Subsection (3) of section one hundred and eighteen A of the Defence Act 1903-1945 shall, in so far as it is inconsistent with this Division, be inoperative. ##### 9 Saving (1) Where any person has applied for reinstatement in employment in accordance with the National Security (Reinstatement in Civil Employment) Regulations and has not been reinstated in employment in accordance with those Regulations, the provisions of this Division shall apply in like manner as they would apply in relation to an application made under this Division on the date of commencement of this Division. (2) Any application to a Reinstatement Committee, and any notice or statement, made or given under the National Security (Reinstatement in Civil Employment) Regulations, shall have the same effect as if it had been made or given under this Division. (3) The chairmen and other members of the Reinstatement Committees appointed under the National Security (Reinstatement in Civil Employment) Regulations holding office at the date of commencement of this Division shall be deemed to have been appointed chairmen and members, respectively, of the corresponding Reinstatement Committees under this Division. (4) Anything done by a Reinstatement Committee under the National Security (Reinstatement in Civil Employment) Regulations shall have the same effect as if it had been done under this Division. (5) The panels of persons selected under the National Security (Reinstatement in Civil Employment) Regulations to represent persons who have rendered war service and employers respectively shall be deemed to have been selected under this Division. ##### 10 Interpretation (1) In this Division, unless the contrary intention appears: > employer includes the Crown (whether in right of the Commonwealth or of a State) and any authority constituted by or under the law of the Commonwealth or of a State or Territory. > essential work means, in relation to any person who has rendered war service, work which is, in the opinion of the Minister, more important, in the national interest, than the work which the person would perform if he were reinstated in employment in accordance with this Division. > former employer means, in relation to a person who is rendering or has rendered war service, the employer by whom that person was employed for not less than twenty-eight days out of the fifty-six days immediately preceding the date upon which he volunteered for war service or received a notice requiring him to perform war service, and includes any person for the time being: (a) carrying on an undertaking or service in which the first-mentioned person was so employed; or (b) carrying on an undertaking or service with which that undertaking or service has been amalgamated or in which it was comprised during those fifty-six days. > Reinstatement Committee means a Reinstatement Committee appointed, or deemed to have been appointed, under this Division. (1A) Except as provided in the next succeeding subsection, where a person has (whether before or after the commencement of this subsection) completed more than one period of war service, the first period of war service shall, for the purposes of this Division, be deemed to have continued without interruption until the completion of the last period of war service. (1B) The provisions of the last preceding subsection shall not apply in relation to any two periods of war service completed by a person where: (a) the interval between the two periods of war service exceeds twelve weeks, unless during that interval that person applied to be reinstated in employment in accordance with this Division or in accordance with the National Security (Reinstatement in Civil Employment) Regulations and: (i) he had not been so reinstated and his application had not ceased to have effect at the date on which he commenced the later period of war service; or (ii) he had been so reinstated but had been employed by his former employer for less than twenty-eight days out of the fifty-six days immediately preceding the date upon which he received a notice requiring him to perform a further period of war service; or (b) the earlier of those periods of war service was terminated in the manner and for the purpose specified in paragraph (b) of subsection (3) of this section and, prior to the date upon which he received a notice requiring him to perform the later period of war service, he had failed or had ceased to engage in essential work, unless a Reinstatement Committee, on application by the person, determines that he had reasonable cause for failing or ceasing to engage in that work. (2) Subject to the next succeeding subsection, a person shall be deemed for the purposes of this Division to have completed a period of war service upon the termination of that service for any cause whatsoever. (3) Where: (a) any person has completed a period of war service and engages in essential work either: (i) within one month after completing that service; (ii) after having applied to be reinstated in employment in accordance with this Division or in accordance with the National Security (Reinstatement in Civil Employment) Regulations and not having been so reinstated; or (iii) after having been so reinstated in employment and not having left that employment except to engage in essential work; the Minister, in his discretion, may; and (b) the war service of any person has, on the recommendation of the Director-General of Man Power or of a Deputy Director-General of Man Power, or of a person thereto authorized by the Director-General of Man Power or by a Deputy Director-General of Man Power, been terminated after the twentieth day of December, One thousand nine hundred and forty-four, for the purpose of enabling that person to engage in essential work, the Minister shall; notify the former employer (if any) in writing that the rights of the person to reinstatement in employment are reserved, and thereupon the person shall be deemed not to have completed a period of war service until such time as: (c) he receives from the Minister a statement in writing that his services are no longer required for essential work; or (d) His Majesty ceases to be engaged in all the wars in which His Majesty was engaged at the date of commencement of this Division; whichever first happens. (4) Any notification or statement under the last preceding subsection may be given to a former employer or a person by serving it upon him personally or by sending it to him by post in a letter addressed to his place of abode or business last known to the Minister, and, if it is sent by post, the former employer or the person shall, unless the contrary is proved, be deemed to have been notified or to have received the statement at the time at which the letter would be delivered in the ordinary course of post. ##### 11 Employers not to terminate employment by reason of liability of employees for war service (1) An employer shall not terminate the employment of any person employed by him for the reason that that person is, or may become, liable to perform any war service. Penalty: Two hundred dollars. (2) In any proceedings for an offence arising under this section, if all the facts and circumstances constituting the offence, other than the reason for the defendant’s action, are proved, it shall lie upon the defendant to prove that he was not actuated by the reason alleged in the charge. ##### 12 Application for reinstatement in employment (1) Any person who has completed a period of war service may apply to his former employer for reinstatement in employment. (2) An application under the last preceding subsection shall be made not earlier than fourteen days prior to the completion of the period of war service and not later than one month after the completion of that period, or prior to the date to which the period during which the application may be made has been extended by a Reinstatement Committee in pursuance of section twenty-one of this Act. ##### 13 Notice of date on which applicant will be available for employment (1) A person making application under the last preceding section may specify in the application a date, not later than two months after the date of making the application, as the date upon which the applicant will be available for employment. (2) Where the applicant does not so specify a date he shall, by notice in writing served personally or by post on the former employer, within the period of two months after the date on which the application was made, or prior to the date to which that period has been extended by a Reinstatement Committee in pursuance of section twenty-one of this Act, specify a date during that period or extended period as the date on which the applicant will be available for employment. ##### 14 Expiration and renewal of applications (1) An application which is still in force may be renewed from time to time by notice in writing served personally or by post on the former employer. (2) An application shall cease to have effect at the expiration of a period of three months after the date on which it was made or last renewed, as the case may be, or, if that period has been extended by a Reinstatement Committee in pursuance of section twenty-one of this Act, at the expiration of that extended period. (3) Whenever an application is renewed, the applicant shall specify in the notice a date, not later than two months after the date on which the application is renewed, as the date on which the applicant will be available for employment. ##### 15 Signature of notices A notice under this Division may be signed by the applicant personally or by some person acting with his authority. ##### 16 Reinstatement in employment (1) When an application has been made under this Division and is still in force, the former employer shall make employment available to the applicant in accordance with this section at the date notified to him, or last notified to him, as the date on which the applicant will be available for employment or at the first opportunity (if any) at which it is practicable and reasonable to do so thereafter. Penalty: Two hundred dollars. (2) A former employer shall be deemed not to have made employment available to the applicant unless he has given reasonable notice thereof in writing to the applicant. (3) The employment to be made available under this section shall be employment: (a) in the occupation in which the applicant was employed immediately prior to the commencement of his period of war service and under conditions not less favorable to him than those which would have been applicable to him in that occupation if he had remained in the employment of the former employer, including any increase of remuneration to which he would have become entitled if he had remained in that employment; or (b) if the applicant and the former employer agree, or, in the event of disagreement, a Reinstatement Committee, upon application by either party, determines, that it is not practicable or is not reasonable for the former employer to employ the applicant in that occupation and on those terms and conditions—in an occupation and upon terms and conditions agreed on between the applicant and the former employer or, in the event of their disagreement, in an occupation and upon terms and conditions which the Reinstatement Committee determines to be reasonable and practicable. (4) Where several persons apply to a former employer to be reinstated in employment and it is not reasonably practicable for him to make employment available to each of those persons, the former employer shall make employment available to as many of those persons as is reasonably practicable and in the order which gives preference, as between any two applicants, to the applicant whose length of service with that employer was the greater at the date on which the applicant who first commenced a period of war service commenced that period of war service. Penalty: Two hundred dollars. (5) Where: (a) it is not reasonably practicable for a former employer to make employment available to an applicant without employing in some other occupation or under less favorable conditions some person who has been reinstated in accordance with this Division or in accordance with the National Security (Reinstatement in Civil Employment) Regulations, or without terminating the employment of that person; and (b) the applicant was, prior to the date on which the applicant, or the date on which that person, first commenced his period of war service, whichever is the earlier, employed by the former employer for a longer period than that person was employed; the former employer shall, as soon as it is practicable and reasonable for him to do so, employ that person in some other occupation or under less favorable conditions, or, if that is not reasonably practicable, shall terminate the employment of that person. Penalty: Two hundred dollars. (6) Where it is not reasonably practicable for a former employer to make employment available to an applicant without terminating the employment of some person who was employed to take the place of the applicant and who has not been reinstated in accordance with this Division or in accordance with the National Security (Reinstatement in Civil Employment) Regulations, the former employer shall terminate the employment of that person. Penalty: Two hundred dollars. (7) Where employment has been made available to a person in accordance with this section or in accordance with the National Security (Reinstatement in Civil Employment) Regulations and is not accepted by him at the date at which it is made available, the application shall cease to have effect unless, within fourteen days thereafter, the person applies to a Reinstatement Committee and that Committee determines that the person has reasonable cause for not so accepting that employment, in which event the application to the former employer shall be renewed forthwith in accordance with section fourteen of this Act. ##### 17 Rights of reinstated employees Where any person has been reinstated in employment in accordance with this Division or in accordance with the National Security (Reinstatement in Civil Employment) Regulations then, for the purposes of determining the rights of that person, as against the employer in whose employment he has been reinstated, in respect of: (a) annual leave for recreation; (b) leave on the ground of illness; (c) long service leave or pay in lieu thereof (including pay to dependants on the death of the person); and (d) superannuation or pension (whether for himself or his dependants); the continuity of the employment of that person by the employer shall be deemed not to have been broken by his absence from employment during any period between the date upon which that person left the employment to commence war service and the date upon which he was reinstated in employment, but that period shall not, by reason only of this section, be reckoned as part of the period of employment. ##### 18 Termination of employment after reinstatement (1) Where an employer has reinstated a former employee in accordance with this Division, or in accordance with the National Security (Reinstatement in Civil Employment) Regulations, he shall not, except as required by subsection (5) of section sixteen of this Act or without reasonable cause, terminate the employment of that employee or vary it by employing the employee in an occupation, or under conditions, less favourable to him than the employment in which he was so reinstated. Penalty: Two hundred dollars. (2) In any proceedings for a contravention of this section, the onus shall, where the employment was terminated or varied within six months after reinstatement, be on the employer to prove that he terminated or varied the employment as required by subsection (5) of section sixteen of this Act or that he had reasonable cause for terminating or varying the employment and, in any other case, the onus shall be on the prosecutor. ##### 19 Payment of portion of fine or compensation to employee (1) Where an employer is convicted of an offence under this Division: (a) the court may order that a portion of the fine imposed shall be paid to the employee or former employee concerned; and (b) whether or not an order has been made under the last preceding paragraph, the court may order that the employer shall pay to the employee or former employee such compensation as the court thinks reasonable. (2) In determining the amount of any compensation under the last preceding subsection the court shall, where necessary, have regard to: (a) the nature of the employment in respect of which the offence occurred; (b) the duration of that employment and whether, but for the offence, it was likely to have been permanent employment for that employee or former employee; (c) the prospects of the employee or former employee in respect of that employment; and (d) any other factors which the court considers relevant. (3) The like proceedings may be taken upon an order under paragraph (b) of subsection (1) of this section as if the order were a judgment or order of the court in favour of the employee or former employee. ##### 20 Appointment of Reinstatement Committees (1) The Minister may appoint a Reinstatement Committee in each State and Territory. (2) Each Reinstatement Committee shall consist of a chairman, one member to represent persons who have rendered war service, one member to represent employers and one member to represent employees. (3) In the event of the illness or absence of the chairman of a Reinstatement Committee, any person appointed by the Minister to be a deputy chairman of the Committee shall have, and may exercise, all the powers and functions of the chairman. (4) Any acts done by a deputy chairman as such shall not, in any proceedings, be questioned on the ground that the occasion for the exercise of his powers had not arisen or had ceased. (5) All questions before a Reinstatement Committee shall be decided by a majority of votes. (6) The chairman shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote. (7) Panels of persons to represent persons who have rendered war service, to represent employers, and to represent employees, respectively, shall be selected in such manner as the Minister determines, and the members of a Reinstatement Committee, other than the chairman, shall be selected from the panels in such manner as the Minister determines. (8) A person shall not, at any meeting, act as a member of a Reinstatement Committee in relation to any matter in which that person has a direct interest as the applicant for reinstatement in employment or the employee, or as the employer or former employer, or as a member of the firm or company which is the employer or former employer. (9) The regulations may prescribe the manner in which applications may be made to, or disputes may be referred to, Reinstatement Committees and the procedure in relation to the hearing of such applications or disputes. (10) The members of Reinstatement Committees shall be paid remuneration and allowances at such rates (if any) as the Minister determines. ##### 21 Extension of periods within which application etc. may be made (1) A Reinstatement Committee may, on application by a person who has completed a period of war service, extend: (a) the period specified in subsection (2) of section twelve of this Act as the period within which that person may apply for reinstatement in employment; (b) the period specified in subsection (2) of section thirteen of this Act as the period within which that person shall specify a date as the date on which he will be available for employment; or (c) the period specified in subsection (2) of section fourteen of this Act as the period at the expiration of which an application shall cease to have effect; if it is satisfied that the person made the application as early as it was practicable and reasonable for him to do so and that, by reason of illness or other reasonable cause, the application should be granted. (2) A Reinstatement Committee may extend any period specified in paragraph (a), (b) or (c) of the last preceding subsection notwithstanding that that period has expired. (3) Where, after the expiration of the period specified in subsection (2) of section fourteen of this Act as the period at the expiration of which an application shall cease to have effect, a Reinstatement Committee has extended that period, the application shall thereupon revive and shall continue in force until the expiration of the extended period. ##### 21A Certain persons excluded from application of this Division The provisions of sections ten to twenty-one of this Act shall not apply to, or in relation to, any person who: (a) completes a period of war service after the thirtieth day of June, One thousand nine hundred and forty-nine; and (b) has not, on or before that date, made application for reinstatement in employment in accordance with this Division. ### Division 3—Apprenticeship ##### 35 Amendment of the Defence Act \[published separately\] ##### 36 Interpretation (1) In this Division: > Apprenticeship Authority means any person or body authorized by the Minister, by notice in the Gazette, to exercise and perform the powers and functions of an Apprenticeship Authority under this Division. > employer includes the Crown (whether in right of the Commonwealth or of a State) and any authority constituted by or under the law of the Commonwealth or of a State or Territory. > trainee apprentice means a person who is employed in a trade without indentures or other written contract of apprenticeship for the purpose of learning to be a skilled journeyman. (2) In this Division, any reference to an employer shall, in relation to a person who is rendering or has rendered war service, include a reference to any person for the time being: (a) carrying on an undertaking or service in which the first mentioned person was employed immediately prior to the commencement of his war service; or (b) carrying on an undertaking or service with which that undertaking or service has been amalgamated or in which, immediately prior to the commencement of the employee’s war service, it was comprised. ##### 37 Employers to notify Apprenticeship Authorities of apprentices engaged on war service Where an apprentice has become or becomes engaged on war service and an Apprenticeship Authority has not already been notified by the apprentice’s employer, the employer shall forthwith notify an Apprenticeship Authority accordingly. Penalty: One hundred dollars. ##### 38 Suspension of contracts of apprenticeship Where an apprentice, whether before or after the commencement of this Division, is or has been absent from his usual employment by reason of his being engaged on war service for a period exceeding one week, his contract of apprenticeship shall be deemed to have been suspended during the period of his absence and shall remain suspended until it is revived, transferred or cancelled in accordance with this Division. ##### 39 Revival of contracts of apprenticeship (1) An apprentice who has been absent from his usual employment by reason of his being engaged on war service may, within two months after he ceases to be so engaged, make application to an Apprenticeship Authority for the revival of the contract of apprenticeship. (2) Forthwith on receipt of the application, the Apprenticeship Authority shall give notice in writing to the employer of the receipt of the application, and the employer may, within fourteen days after the receipt of the notice, lodge an objection in writing to the revival of the contract of apprenticeship on the ground that he is no longer in a position to undertake the proper training of the apprentice. (3) Forthwith after the expiration of the time for lodging objection, the Apprenticeship Authority shall consider the application and any objection received from the employer, and shall: (a) determine that the contract of apprenticeship shall, as from such date as it specifies, be revived; or (b) if the Apprenticeship Authority is satisfied that the employer is no longer in a position to undertake the proper training of the apprentice, authorize the transfer of the contract of apprenticeship to another employer, or, if that is impracticable, cancel the contract of apprenticeship. (4) Where the Apprenticeship Authority determines that the contract of apprenticeship shall be revived, it shall have effect as from the date specified by the Apprenticeship Authority. ##### 40 Failure to make application If any apprentice fails to make application within the time prescribed by the last preceding section, the Apprenticeship Authority shall, on application by the employer, cancel the contract of apprenticeship unless the Apprenticeship Authority is satisfied that the failure to make the application was occasioned by mistake, absence from the Commonwealth or other reasonable cause. ##### 41 Right to employment (1) Where a contract of apprenticeship is revived, the apprentice shall be entitled to resume his apprenticeship under the contract, and shall have absolute preference in employment over any apprentice engaged during his absence on war service, and the employer shall not refuse to permit the apprentice to resume his employment. Penalty: Two hundred dollars. (2) Where a contract of apprenticeship is revived, the Apprenticeship Authority may, if it considers it necessary so to do in order to protect the interests of any apprentice engaged during the period during which the contract was suspended: (a) if the number of apprentices who may be employed by the employer is limited by any law of the Commonwealth or of a State or Territory, or by any industrial award, order, determination or agreement—determine the number of apprentices who may be employed by the employer; and (b) in any event—authorize the transfer of any contract of apprenticeship to another employer. (3) Where the Apprenticeship Authority, in pursuance of the last preceding subsection, determines the number of apprentices who may be employed by an employer, the employer may employ that number of apprentices. ##### 42 Variation of contracts of apprenticeship in certain circumstances (1) An Apprenticeship Authority may, in exercising its powers under section thirty-nine of this Act, review the contract of apprenticeship, and may vary any of its provisions in such a manner and to such extent as it deems just and equitable, and, if satisfied that the capabilities of the apprentice for the exercise of his trade have increased during the period of suspension of his contract of apprenticeship, may direct that the period or any portion of the period shall be included in the term of apprenticeship. (2) Where an Apprenticeship Authority, in pursuance of the last preceding subsection, varies any of the provisions of a contract of apprenticeship, or directs that the period, or any portion of the period during which a contract of apprenticeship was suspended shall be included in the term of apprenticeship, the contract shall be deemed to be so varied, and the apprentice shall, for all purposes be deemed to have served that period, or portion of that period, under and in accordance with the contract of apprenticeship in continuation of the period served by him prior to the suspension of the contract of apprenticeship. ##### 43 Allowances to apprentices in certain cases Where a contract of apprenticeship in a trade, occupation or calling is revived by an Apprenticeship Authority and that authority does not direct that the whole of the period during which the contract was suspended shall be included in the term of apprenticeship, a prescribed authority may authorize the payment, during the time during which the apprentice is completing his apprenticeship, of an allowance at such a rate as, in the opinion of the prescribed authority, will ensure to the apprentice an income by way of wages and allowance equivalent to the wage he would have been earning in that trade, occupation or calling if his contract of apprenticeship had not been suspended. ##### 44 Trainee apprentices The provisions of this Division shall apply, mutatis mutandis, to and in relation to trainee apprentices and the employers of trainee apprentices in the same manner and to the same extent as those provisions apply to and in relation to apprentices and the employers of apprentices, and any reference in this Division to a contract of apprenticeship shall include a reference to a contract of apprenticeship of a trainee apprentice. ##### 45 Saving An application to an Apprenticeship Authority under the National Security (Apprenticeship) Regulations shall have effect as if it had been made to the Apprenticeship Authority in pursuance of this Division, and any determination or direction of an Apprenticeship Authority under those regulations shall have effect as if it had been made in pursuance of this Division. ##### 45A Certain persons excluded from application of this Division The provisions of sections thirty-six to forty-five of this Act shall not apply to, or in relation to, any person who ceases to be engaged on war service after the thirtieth day of June, One thousand nine hundred and forty-nine. ### Division 4—Modification of Conditions of Entry to Employment ##### 46 Modification of conditions of entry into employment (1) The Governor-General may make regulations modifying or suspending, in relation to discharged members of the Forces: (a) the requirements by way of training or practical experience, the completion of any course of study, the passing of any examination or the holding of any degree or diploma, to be complied with by persons desiring to engage in any profession, occupation, business, trade or industry; and (b) the requirement that a person shall obtain a licence, permit or other authority in relation to any profession, occupation, business, trade or industry. (2) The Governor-General may make regulations providing that a specified proportion of any licences, permits or other authorities required in relation to any profession, occupation, business, trade or industry shall be granted to discharged members of the Forces. (3) A regulation under this Division shall have effect according to its tenor notwithstanding anything inconsistent therewith in any other law. ## Part III—Vocational Training Do not delete : Division placeholder ##### 50 Provision of training facilities (1) The Minister may, on behalf of the Commonwealth, establish a scheme, to be known as the Commonwealth Reconstruction Training Scheme, for the vocational training (including training for a professional occupation or for an agricultural occupation) of such classes of discharged members of the Forces and of other persons as the Minister determines. (2) The Minister may, on behalf of the Commonwealth, make arrangements with any State for the use, for the purposes of this Part, of any services and facilities of the State in relation to vocational training (including training for a professional occupation or for an agricultural occupation). (3) Any such arrangement may provide for the extension of any such services and facilities of the State and for the use of those services and facilities as extended in pursuance of the arrangement. (4) The Minister may, on behalf of the Commonwealth, provide, or arrange for the provision of, facilities in connexion with any such scheme. (5) Subject to such conditions as the Minister determines, the Commonwealth shall pay such allowances and expenses as the Minister determines and may make loans to persons eligible for, or undergoing, training under this Part. (5A) Subject to such limitations (if any) as the Minister determines, where the prescribed authority is satisfied that a person who has obtained a loan under the last preceding subsection is unable to repay the amount of the loan or any interest thereon, or that for any other reason the amount of the loan or any part thereof, or any interest thereon, should be written off, the prescribed authority may write off that amount or interest accordingly. (6) The Commonwealth may, subject to such conditions as the Minister determines, pay tuition and other like fees on behalf of persons undergoing training under this Part. (7) The Commonwealth may, subject to such conditions as the Minister determines, provide or supply to persons undergoing training under this Part, or arrange for the provision or supply to such persons, of such books, equipment, appliances and tools of trade as are necessary in connexion with the training. ##### 51 Central Reconstruction Training Committee (1) For the purposes of this Part there shall be a Central Reconstruction Training Committee. (2) The Committee shall consist of a chairman and such number of other members as the Minister determines. (3) The members of the Committee shall be appointed by the Minister and shall hold office on such terms and conditions as he determines. (4) The functions of the Central Reconstruction Training Committee shall be: (a) to advise and assist the Minister with respect to such matters affecting the administration of the Commonwealth Reconstruction Training Scheme as are referred to it by the Minister; and (b) to supervise the conduct of the business of the Regional Training Committees; together with such additional functions as the Minister determines. ##### 52 Regional Training Committees, Industrial Committees and Professional Committees (1) The Minister may, on the recommendation of the Central Reconstruction Training Committee, establish such Regional Training Committees, Industrial Committees and Professional Committees as he thinks fit. (2) Each such committee shall consist of a chairman and such number of other members as the Minister determines. (3) The members of each such committee shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines. (4) Each such committee shall assist in the administration of the Commonwealth Reconstruction Training Scheme and shall have such additional functions as the Minister determines. ##### 53 Saving of certain rights Nothing done under this Part shall deprive any employer or employee of any rights under any industrial award, order, determination or agreement, or in accordance with any custom or usage in any profession, occupation, business, trade or industry. ##### 54 Regulations The regulations may prescribe matters providing for or in relation to: (a) the selection of persons for training, or for any particular kind of training; (b) the method and time of application for training; (c) the payment of expenses to members of the Central Reconstruction Training Committee, the Regional Training Committees, the Industrial Committees and the Professional Committees established under this Part; (d) the giving effect to any scheme for the training of persons under this Part agreed upon between the Commonwealth and any organization composed of or representative of employers or employees; and (e) such other matters as are necessary or convenient for carrying out or giving effect to this Part. ##### 54A Certain persons excluded from application of Division The provisions of sections fifty to fifty-four of this Act shall not apply to, or in relation to, a person who ceases to be engaged on war service after the thirtieth day of June, One thousand nine hundred and forty-nine. ## Part V—Demobilization Do not delete : Division placeholder ##### 63 Demobilization (1) The regulations may provide for the preparation and administration of a scheme for the demobilization of members of the Forces (other than members of the Forces specified in paragraph (f) or (g) of the definition of member of the Forces in section four of this Act), having regard to their re-establishment in civil life. (2) The scheme shall be prepared so as to apply, so far as is practicable, uniformly to members of the Military Forces, the Naval Forces and the Air Force. (3) The provisions of the scheme so prepared shall have effect notwithstanding anything inconsistent therewith in any Act other than this Act. ## Part VII—Servicemen’s Settlement Do not delete : Division placeholder ##### 103 Advances to States The Commonwealth may, in accordance with any agreement entered into between the Commonwealth and any State, make advances or payments to a State: (a) to enable that State to: (i) acquire land for the purpose of settlement by discharged members of the Forces; (ii) develop or improve land for settlement by discharged members of the Forces; and (iii) settle discharged members of the Forces on land so acquired, developed or improved; and (b) for such other purposes relating to the settlement of discharged members of the Forces on land as are prescribed. ## Part VIII—Housing Do not delete : Division placeholder ##### 104 Housing (1) The Minister may, on behalf of the Commonwealth, enter into an agreement with any State for the allocation of dwelling-houses amongst discharged members of the Forces, or classes of discharged members of the Forces, and other persons or classes of persons. (2) In this section, dwelling-house means any building or part of a building occupied or intended to be occupied as a separate dwelling and constructed or purchased in accordance with any agreement between the Commonwealth and the State relating to housing. ## Part IX—Legal Service Bureaux Do not delete : Division placeholder ##### 105 Legal service bureaux (1) The legal service bureaux established by the Attorney-General for the purpose of furnishing legal advice to members of the Forces, discharged members of the Forces and the dependants of such members and discharged members, which are in existence at the date of commencement of this Part shall continue in existence. (2) The Attorney-General may establish additional legal service bureaux at such places as he thinks fit. ## Part XI—Provisions Relating to Members of the Forces (Korea and Malaya Operations) ### Division 1—General ##### 138 Extension of operation of certain provisions to members of the Forces (Korea and Malaya Operations) (1) Subject to this Part, the operation of the provisions of Part I (other than subsections (2) and (3) of section four and section five), Part II (other than Divisions 1 and 3), Part VI (other than Division 1 and section one hundred and two A), Parts VIII, IX and XII of this Act extends to, and in relation to, members of the Forces within the meaning of this Part. (2) For the purposes of the operation of the provisions of this Act as extended by the last preceding subsection: (a) a reference in those provisions to a member of the Forces shall be read as a reference to a member of the Forces as defined by the next succeeding section; (b) a reference in those provisions to the war or to hostilities in all the wars in which His Majesty was engaged at the date of commencement of a Division of a Part of this Act shall be read as a reference to the war as defined by the next succeeding section; (d) section seventy-two of this Act shall be read as if the words “not later than the thirtieth day of June, One thousand nine hundred and forty-nine,” were omitted; (da) if the obligations under Division 3 of Part VI of this Act in respect of a loan made to an eligible person under section ninety-two of this Act and a further loan (if any) made to the same person under section ninety-six A of this Act have been fully discharged, the amounts of that loan and of that further loan (if any) shall be disregarded in connexion with the making of a loan to that person as an eligible person within the meaning of that Division in its extended operation; (e) section ninety-six of this Act shall be read as if paragraph (a) of subsection (1) of that section were omitted and the following paragraph were inserted in its stead: “(a) an application for the loan or guarantee is made within the prescribed period;”; and (f) the regulations may provide that a business re-establishment allowance is not payable unless an application for the allowance is made within the prescribed period. (3) The operation of the provisions of Part II and VI of this Act, as extended by subsection (1) of this section, and Division 3 of this Part, does not apply to or in relation to a member of the Forces who enlisted or enlists for a period exceeding three years unless he was or is discharged within a period of two years after he ceased or ceases to be engaged on war service. (4) For the purposes of the last preceding subsection, a member of the Forces who, on the expiration of his original enlistment or subsequent re-engagement, re-engages to serve for a further period, shall, if the aggregate of the period of original enlistment and the period or periods of re-engagement exceeds three years, be deemed to have enlisted for a period exceeding three years. ##### 139 Interpretation (1) In this Part, unless the contrary intention appears: > member of the Forces means: (a) a person who served on war service as a member of the Defence Force; and (b) a person: (i) who served on war service as a member of the naval, military or air forces of a part of the Queen’s dominions other than the Commonwealth; and (ii) who is resident in Australia or in an external Territory and satisfies a prescribed authority that he was domiciled in Australia or an external Territory immediately before his appointment or enlistment. > operational area means: (a) in relation to the war service of members of the Naval and Air Forces of the Commonwealth or the Naval and Air Forces of a part of the Queen’s dominions other than the Commonwealth, being service before 20 April 1956—the area of Korea, including the waters contiguous to the coast of Korea for a distance of 100 nautical miles seaward from the coast; (b) in relation to the war service of members of the Military Forces of the Commonwealth or the Military Forces of a part of the Queen’s dominions other than the Commonwealth, being service before 20 April 1956—the area of Korea, including the waters contiguous to the coast of Korea for a distance of 10 nautical miles seaward from the coast; and (c) in relation to the war service of members of the Military and Air Forces of the Commonwealth or the Military and Air Forces of a part of the Queen’s dominions other than the Commonwealth, being service before the commencement of the Repatriation (Far East Strategic Reserve) Act 1956—the area of Malaya, including the waters contiguous to the coast of Malaya for a distance of 10 nautical miles seaward from the coast. > port includes airport. > the war means the warlike operations in Korea after the twenty-sixth day of June, One thousand nine hundred and fifty, or in Malaya after the twenty-eighth day of June, One thousand nine hundred and fifty. > war service means, in relation to a member of the Forces, his service while: (a) a member of, or attached to a body, contingent, or detachment of the Defence Force allotted for duty in an operational area; or (b) allotted for duty in an operational area. (2) For the purposes of this section, the war service of a member of the Forces: (a) shall be deemed to have commenced: (i) if he was in Australia at the time at which he was allotted for war service—at the time of his departure from the last port of call in Australia for that service; or (ii) if he was outside Australia at the time at which he was allotted for war service—at the time at which he was so allotted; and (b) shall be deemed to have ended: (i) in the case of a member of the Forces who has returned to Australia—at the time of his arrival at the first port of call in Australia; or (ii) in the case of a member of the Forces who has been allotted for duty in an area outside Australia other than an operational area—at the time of his arrival in that area, or, if he was in that area at the time at which he was so allotted, at that time. ### Division 2—Reinstatement in Civil Employment ##### 140 Modification of the Defence Act Subsection (3) of section one hundred and eighteen A of the Defence Act 1903-1951 is, in so far as it is inconsistent with this Division, inoperative. ##### 141 Interpretation (1) In this Division, unless the contrary intention appears: > employer includes the Crown (whether in right of the Commonwealth or of a State) and an authority constituted by or under the law of the Commonwealth or of a State or Territory. > former employer means, in relation to a member of the Forces, the employer by whom that member of the Forces was employed for not less than twenty-eight days out of the fifty-six days immediately preceding the date upon which he became a member of the Forces, and includes a person for the time being: (a) carrying on an undertaking or service in which the member of the Forces was so employed; or (b) carrying on an undertaking or service with which that undertaking or service has been amalgamated or in which that undertaking or service was comprised during those fifty-six days. > member of the Forces means a person who, on or after the twenty-sixth day of June, One thousand nine hundred and fifty, enlisted in the Permanent Military Forces for a period not exceeding three years and was allotted to that portion of those Forces raised or maintained for service in Korea. (2) A member of the Forces who, on the expiration of his original enlistment or subsequent re-engagement, re-engages to serve for a further period shall, if the aggregate of the period of original enlistment and the period or periods of re-engagement exceeds three years, be deemed to have enlisted for a period exceeding three years. ##### 142 Application for reinstatement in employment (1) A member of the Forces may apply to his former employer for reinstatement in employment. (2) An application under the last preceding subsection shall not be made: (a) earlier than fourteen days before the date of discharge of the member of the Forces; or (b) later than: (i) one month after the date of discharge of the member of the Forces; or (ii) where, at the date on which the Re-establishment and Employment Act 1952 receives the Royal Assent, the member of the Forces has been discharged—one month after that date. ##### 143 Notice of date on which applicant will be available for employment (1) A member of the Forces making application under the last preceding section may specify in the application a date, not later than two months after the date of making the application, as the date upon which the applicant will be available for employment. (2) Where the applicant does not so specify a date, he shall, by notice in writing served personally or by post on the former employer, within the period of two months after the date on which the application was made, specify a date during that period as the date upon which the applicant will be available for employment. ##### 144 Expiration and renewal of applications (1) An application which is still in force may be renewed from time to time by notice in writing served personally or by post on the former employer. (2) A member of the Forces who renews an application shall specify in the notice a date, not later than two months after the date on which the application is renewed, as the date on which he will be available for employment. (3) An application ceases to have effect at the expiration of a period of three months after the date on which it was made or last renewed, as the case may be. ##### 145 Reinstatement in employment (1) Where an application has been made under this Division and is still in force, the former employer shall, at the date notified to him, or last notified to him, as the date on which the applicant will be available for employment, or as soon thereafter as is reasonably practicable, make employment available to the applicant in accordance with this section. Penalty: Two hundred dollars. (2) The employment to be made available under this section is employment in the occupation in which the applicant was employed immediately before he became a member of the Forces and under conditions not less favourable to him than those which would have been applicable to him in that occupation if he had remained in the employment of the former employer, including any increase of remuneration to which he would have become entitled if he had remained in that employment. (3) A former employer shall be deemed not to have made employment available to the applicant unless he has given reasonable notice in writing to the applicant of the availability of that employment. (4) In proceedings for an offence against this section, it is a defence for a former employer to prove: (a) that, after having been given reasonable notice by the former employer that employment was available to him, the applicant failed, without reasonable excuse, to present himself at the time and place specified in the notice; or (b) that, by reason of a change of circumstances (other than the employment of some other person to replace the applicant): (i) it was not reasonable or practicable to reinstate him; or (ii) it was not reasonably practicable to reinstate him in accordance with subsection (2) of this section and that the former employer has offered to reinstate him in the most favourable occupation and under the most favourable conditions reasonably practicable. ##### 146 Rights of reinstated employees (1) For the purposes of determining the rights of a member of the Forces who has been reinstated in employment in accordance with the last preceding section in respect of: (a) annual leave for recreation; (b) leave on the ground of illness; (c) long service leave or pay in lieu thereof (including pay to dependants on the death of the member of the Forces); and (d) superannuation or pension (whether for himself or his dependants); the continuity of the employment of the applicant by the former employer shall be deemed not to have been broken by his absence from employment during a period between the date upon which he left the employment to become a member of the Forces and the date upon which he was reinstated in employment. ##### 147 Termination of employment after reinstatement (1) Where a former employer has reinstated an employee in accordance with this Division, he shall not, without reasonable cause, terminate the employment of that employee or vary it by employing the employee in an occupation, or under conditions, less favourable to the employee than the employment in which the employee was so reinstated. Penalty: Two hundred dollars. (2) In proceedings for an offence against this section: (a) where the employment was terminated or varied within six months after reinstatement—the burden is upon the former employer to prove that he had reasonable cause for terminating or varying the employment; and (b) in any other case—the burden is upon the prosecutor to prove that the former employer terminated or varied the employment without reasonable cause. ##### 148 Penalty may be paid to employee Where an employer is convicted of an offence under this Division: (a) the court may order that the whole or a part of the fine imposed shall be paid to the employee or former employee concerned; and (b) whether or not any order has been made under the last preceding paragraph, the court may order that the employer shall pay to the employee or former employee such compensation as the court thinks reasonable. ##### 149 Special civil remedy against the Crown (1) Where a member of the Forces considers that his employer or former employer, being the Crown, has failed to comply with a provision of this Division requiring the employer or former employer to reinstate that member of the Forces in his employment under the conditions prescribed by this Division or prohibiting the termination or variation of the employment of that member of the Forces, that member of the Forces may apply to a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate for compensation. (2) The court shall hear the application and, if it finds that there has been a failure to comply with any provision referred to in the last preceding subsection, the court may order that the employer or former employer shall pay the employee or former employee, as the case may be, such compensation as the court thinks reasonable. (3) Proceedings may be taken upon an order under this section as if the order were a judgment or order of the court in favour of the employee or former employee. ### Division 3—Rehabilitation of Disabled Persons ##### 150 Extension of Part III of the Disability Services Act to certain members of the Forces (1) The operation of Part III of the Disability Services Act 1986 extends to disabled persons as defined by subsection (3) of this section in the same way as it applies to persons in the target group for the purposes of that Part. (3) For the purposes of this Division, the expression disabled person means a discharged member of the Forces who, by reason of injury, disease or deformity, is substantially handicapped in obtaining, or maintaining himself in employment, or in undertaking work on his own account, of a kind which, but for that injury, disease or deformity, would, in the opinion of the Secretary to the Department of Social Security, be suitable to his age, experience and qualifications. ##### 151 Rehabilitation allowance during rehabilitation programs While a disabled person is undertaking a rehabilitation program under Part III of the Disability Services Act 1986 (being a rehabilitation program that consists of, or includes, employment or vocational training), or any follow-up program under that Part to such a rehabilitation program (being a follow-up program in relation to which the Secretary has directed, in writing, that this section applies), in its operation as extended by this Division, he shall be paid: (a) a rehabilitation allowance under the Social Security Act 1991 at the same rate as the rate of disability support pension that would be payable to the disabled person for the time being under that Act if the disabled person were receiving a disability support pension under that Act; and (b) an amount equal to the rate of wife pension that would be payable to the disabled person’s wife under that Act if the disabled person were receiving a disability support pension under that Act. ##### 152 Person not entitled to double benefits A disabled person is not entitled to receive any assistance or benefit under this Division if that person is entitled to receive the like assistance or benefit from the Repatriation Commission. ## Part XII—Miscellaneous Do not delete : Division placeholder ##### 152A Delegations (1) The Secretary to the Department of Social Security may, in accordance with service arrangements, delegate in writing his or her powers under this Act to the Chief Executive Officer or an employee of the Services Delivery Agency. (2) In this section: > employee, in relation to the Services Delivery Agency, has the same meaning as in the Commonwealth Services Delivery Agency Act 1997. > service arrangements has the same meaning as in the Commonwealth Services Delivery Agency Act 1997. > Services Delivery Agency means the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997. ##### 153 Regulations The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are by this Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular: (a) for or in relation to: (i) the payment by the Commonwealth of such allowances and expenses as are prescribed, to such classes of persons as are prescribed; (ii) the supply by the Commonwealth of household furniture, not exceeding the prescribed value, to such classes of persons as are prescribed; and (iii) the supply of tools of trade, plant and equipment, professional instruments and other articles of personal equipment (other than clothing), not exceeding the prescribed value, to such classes of persons as are prescribed; and (b) for prescribing penalties not exceeding a fine of One hundred dollars for offences against the regulations.