WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945






TABLE OF PROVISIONS


 1.    Short title
 2.    Interpretation
 3.    Nominal appointments granted to junior teachers and students
 4.    Overpayment of salary to State employees on active service
 5.    General provision
 6.    Appropriation

 
Legislative history
 

 


WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945
 - LONG TITLE
An Act relating to the rights of certain employees of the Crown and other
persons who became members of the fighting forces, and for other purposes
incidental thereto.


WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945

- SECT 1
1--Short
title

This Act may be cited as the War Service Rights (State Employees)
Act 1945.


WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945

- SECT 2
2--Interpretation

In this Act--

"member of the forces" has the same meaning as in the
Commonwealth Act called Re-establishment and Re-employment
Act 1945.


WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945

- SECT 3
3--Nominal
appointments granted to junior teachers and students

         (1)         Where a person, being a junior teacher in the Education Department or
a student at the Teachers College, became a member of the forces, the Minister
of Education shall have power and shall be deemed always to have had
power--

             (a)         to make a nominal appointment of that person, either during or after
his service in the forces, to any position in the Education Department to which
in the Minister's opinion, that person might have been appointed had he not
become a member of the forces;

             (b)         to fix the day on which any such nominal appointment shall take effect
or be deemed to have taken effect;

             (c)         to pay to any person who has received or receives a nominal
appointment such as mentioned in this section, the whole or any part of the
salary appropriate to the position to which he has been nominally appointed,
notwithstanding that that person is not or was not actually employed in that
position.

         (2)         The Treasurer shall have power and shall be deemed always to have had
the power to pay contributions to the South Australian Superannuation Fund on
behalf of any person who has received a nominal appointment such as mentioned in
this section.

         (3)         This section, without further appropriation, shall be sufficient
authority for payments out of the general revenue of the State, whether such
payments were or are made before or after the passing of this Act, of salaries
to persons who have received nominal appointments such as mentioned in this
section at the rates appropriate to those appointments.


WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945

- SECT 4
4--Overpayment of
salary to State employees on active service

Where an employee of the State dies on or as a result of service as a
member of the forces and any overpayment of salary due to that employee has been
made to any person, the Minister controlling the department in which the person
was employed may direct that the whole or any part of the amount of the
overpayment so made shall be written off, and thereupon no person shall be
liable to repay the amount of the overpayment to the Crown.


WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945

- SECT 5
5--General
provision

         (1)         If any doubt or difficulty arises in relation to the salary,
superannuation contributions, status or rights of any employee or ex-employee of
the Crown who, while being such an employee became a member of the forces, the
Governor may direct what is to be done in the circumstances, or that anything
which has been done shall be valid, and such direction shall have the force of
law.

         (2)         The power conferred upon the Governor by this section shall include
power to direct what payments (if any) shall be made to or on behalf of any
person, and to whom those payments shall be made.

         (3)         In this section--

"employee of the Crown" includes a student at the Teachers
College.


WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945

- SECT 6
6--Appropriation

This Act, without further appropriation, shall be sufficient authority for
making any payments out of the general revenue of the State for any purposes
mentioned in this Act and not otherwise provided for.


WAR SERVICE RIGHTS (STATE EMPLOYEES) ACT 1945
 - 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





1945



35



War Service Rights (State Employees) Act 1945



10.1.1946



10.1.1946