South Australia act

War Service (Preference in Employment) Act 1943

In ForceSA

Jurisdiction

South Australia

Collection

act

Plain English Summary

3/10 complexity

Mechanically: the Act requires appointing authorities for South Australian government jobs to prefer people who served in fighting forces or as seamen during any war in which the Commonwealth was engaged, unless there is “reasonable and substantial cause” not to (s3). It applies only to applicants domiciled in South Australia (s2), places decision power and evidentiary judgment on the appointing authority, and shifts hiring opportunity costs onto the government and unsuccessful non‑serviceman applicants.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in War Service (Preference in Employment) Act 1943.

War Service (Preference in Employment) Act 1943

South Australia War Service (Preference in Employment) Act 1943 An Act to provide that persons who, during war, have been members of fighting forces or employed in sea-going ships, shall receive preference in employment under the Government of the State.

Contents 1 Short title 2 Interpretation 3 Preference to members of fighting forces and seamen Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the War Service (Preference in Employment) Act 1943. 2—Interpretation In this Act, unless the context otherwise requires— appointing authority means the Governor, Minister, board, or person having power to make an appointment or to recommend or decide the person to be appointed to any office or employment under the Government of the State; Australian seaman means a person who during any war in which the Commonwealth is or has been engaged, was, while domiciled in a State, employed in any capacity in sea-going service on a ship, and who at the time when he claims preference under this Act is domiciled in South Australia; member of a fighting force means a person who is or has been a member of a fighting force during any war in which the Commonwealth is or has been engaged, and who at the time when he claims preference under this Act is domiciled in South Australia; fighting force means a naval, military, or air force (including any auxiliary force of women) of the Commonwealth or of the United Kingdom or of any part of His Majesty's Dominions. 3—Preference to members of fighting forces and seamen (1) Notwithstanding any other enactment, whenever an appointment is to be made to an office or employment under the Government of the State, and a member of a fighting force or an Australian seaman as well as other persons are applicants for that office or employment, the appointing authority shall appoint a member of a fighting force or an Australian seaman to that office or employment in preference to other persons unless reasonable and substantial cause exists for not doing so. (2) In determining whether reasonable and substantial cause exists for not appointing a member of a fighting force or an Australian seaman, the appointing authority shall consider— (a) the length, locality, and nature of the service of the member of a fighting force, or as the case may be, of the Australian seaman; (b) the comparative qualifications of a member of a fighting force or of the Australian seaman and of the other applicants for the office or employment; (c) any other relevant circumstances. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act Year No Title Assent Commencement 1943 38 War Service (Preference in Employment) Act 1943 23.12.1943 23.12.1943

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 War Service (Preference in Employment) Act 1943

Contents 1 Short title 2 Interpretation 3 Preference to members of fighting forces and seamen Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the War Service (Preference in Employment) Act 1943. 2—Interpretation In this Act, unless the context otherwise requires— appointing authority means the Governor, Minister, board, or person having power to make an appointment or to recommend or decide the person to be appointed to any office or employment under the Government of the State; Australian seaman means a person who during any war in which the Commonwealth is or has been engaged, was, while domiciled in a State, employed in any capacity in sea-going service on a ship, and who at the time when he claims preference under this Act is domiciled in South Australia; member of a fighting force means a person who is or has been a member of a fighting force during any war in which the Commonwealth is or has been engaged, and who at the time when he claims preference under this Act is domiciled in South Australia; fighting force means a naval, military, or air force (including any auxiliary force of women) of the Commonwealth or of the United Kingdom or of any part of His Majesty's Dominions. 3—Preference to members of fighting forces and seamen (1) Notwithstanding any other enactment, whenever an appointment is to be made to an office or employment under the Government of the State, and a member of a fighting force or an Australian seaman as well as other persons are applicants for that office or employment, the appointing authority shall appoint a member of a fighting force or an Australian seaman to that office or employment in preference to other persons unless reasonable and substantial cause exists for not doing so. (2) In determining whether reasonable and substantial cause exists for not appointing a member of a fighting force or an Australian seaman, the appointing authority shall consider— (a) the length, locality, and nature of the service of the member of a fighting force, or as the case may be, of the Australian seaman; (b) the comparative qualifications of a member of a fighting force or of the Australian seaman and of the other applicants for the office or employment; (c) any other relevant circumstances. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act Year No Title Assent Commencement 1943 38 War Service (Preference in Employment) Act 1943 23.12.1943 23.12.1943