WAR SERVICE (PREFERENCE IN EMPLOYMENT) ACT 1943






TABLE OF PROVISIONS


 1.    Short title
 2.    Interpretation
 3.    Preference to members of fighting forces and seamen

 
Legislative history
 

 


WAR SERVICE (PREFERENCE IN EMPLOYMENT) ACT 1943
 - LONG TITLE
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.


WAR SERVICE (PREFERENCE IN EMPLOYMENT) ACT 1943

- SECT 1
1--Short
title

This Act may be cited as the War Service (Preference in Employment)
Act 1943.


WAR SERVICE (PREFERENCE IN EMPLOYMENT) ACT 1943

- SECT 2
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.


WAR SERVICE (PREFERENCE IN EMPLOYMENT) ACT 1943

- SECT 3
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.


WAR SERVICE (PREFERENCE IN EMPLOYMENT) ACT 1943
 - NOTES


Legislative
history

Notes

    *     For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian
Statutes.

Principal Act



      
      
      
      
      




Year



No



Title



Assent



Commencement





1943



38



War Service (Preference in Employment) Act 1943



23.12.1943



23.12.1943