Legal Opinions

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61
1818
NATIONALITY
EFFECT ON A PERSON’S STATUS AS A BRITISH SUBJECT UNDER AUSTRALIAN LAW OF BEING GRANTED A CERTIFICATE OF NATURALISATION IN GERMANY IN 1940
Author: BAILEY Kenneth Hamilton
BAILEY Kenneth Hamilton
04 August 1947

I refer to your letter herein of the 10th. March, last in which you request advice as to the nationality of X. I assume that X. was of British nationality by virtue of his birth in Australia. It ...

62
1819
WORKERS COMPENSATION
WORKERS COMPENSATION LAW APPLICABLE TO STAFF OF GOVERNOR-GENERAL: LIABILITY OF GOVERNOR-GENERAL ACTING IN HIS PERSONAL CAPACITY: WHETHER COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930 APPLIES TO MEMBERS OF GOVERNOR-GENERAL’S STAFF ENGAGED AND PAID BY COMMONWEALTH: WHETHER WORKMEN’S COMPENSATION ORDINANCE 1946 (ACT) APPLIES TO PERSONS ENGAGED AND PAID BY GOVERNOR-GENERAL IN HIS PERSONAL CAPACITY: GOVERNOR-GENERAL’S LIABILITY TO SUIT: MEANING OF ‘EMPLOYEE’: MEANING OF ‘WORKMAN’: DISTINCTION BETWEEN EMPLOYMENT CONTRACT OF SERVICE AND CONTRACT FOR SERVICE
WAUGH K.C.
13 August 1947
COMMONWEALTH EMPLOYEES’ COMPENSATION ACT 1930: WORKMEN’S COMPENSATION ORDINANCE 1946 (ACT)

I refer to your memorandum No. 467/47/756, dated 24th June. (2)  The facts disclosed in your memorandum are as set forth hereunder. (3)  In the main, members of the Governor-Genera...

63
1820
WAR PENSIONS
ELIGIBILITY FOR GRANT AND PAYMENT OF PENSION UNDER AUSTRALIAN SOLDIERS REPATRIATION ACT 1920: ELIGIBILITY OF PERSONS WHO SERVED IN MILITARY FORCES OF BRITISH DOMINIONS OTHER THAN AUSTRALIA: CIRCUMSTANCES IN WHICH A PERSON MAY BE REGARDED AS HAVING BEEN ‘RESIDENT’ IN AUSTRALIA WITHIN THE 12 MONTHS PRIOR TO BEING CALLED UP, ENLISTED OR APPOINTED: CIRCUMSTANCES IN WHICH A PERSON MAY BE REGARDED AS BONA FIDE RESIDENT IN AUSTRALIA TO QUALIFY FOR PAYMENT OF PENSION: MEANING OF ‘BONA FIDE RESIDENT IN AUSTRALIA’: MEANING OF ‘RESIDE’: MEANING OF ‘RESIDENCE’: MEANING OF ‘DOMICIL’: MEANING OF ‘PROHIBITED IMMIGRANT’
BAILEY Kenneth Hamilton
14 August 1947
AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920 ss 102, 107: IMMIGRATION ACT 1912 s 3(h): WAR PENSIONS ACT 1914 s 15: ADMINISTRATION ACT 1903 (WA) s 86

The Chairman of the Repatriation Commission has forwarded the following memorandum for advice: A condition of eligibility for a grant of pension under section 102 is that the claimant was resident i...

64
1821
CANBERRA UNIVERSITY COLLEGE
POWER OF COUNCIL CANBERRA UNIVERSITY COLLEGE TO EXPEND COLLEGE FUNDS IN CONNECTION WITH OFFICIAL VISITORS
BAILEY Kenneth Hamilton
21 August 1947
CANBERRA UNIVERSITY COLLEGE REGULATIONS reg 1B: CANBERRA UNIVERSITY COLLEGE ORDINANCE 1929 (ACT) s 4

I refer to your letter, dated 5th August, 1947, in regard to the power of the Council of the Canberra University College to meet from College funds expenses in connexion with official visitors to the ...

65
1822
SHIPPING
MARITIME INDUSTRY COMMISSION: PROVISION TO MEMBERS OF MARITIME INDUSTRY COMMISSION OF OPINION RELATING TO COMMISSION’S POWERS: AMENDMENT OF EARLIER OPINION
BAILEY Kenneth Hamilton
27 August 1947

I refer to your memorandum dated 19th August, 1947, asking whether this Department has any objection to a copy of the opinion in question being handed to each member of the Commission, as distinct fro...

66
1823
NATIONALISATION
PROPOSAL TO NATIONALISE COAL MINING AND TRANSPORT INDUSTRIES: RESOLUTION OF FEDERAL EXECUTIVE OF AUSTRALIAN LABOR PARTY RELATING TO NATIONALISATION OF COAL MINES AND TRANSPORT: COMMONWEALTH POWER WITH RESPECT TO COAL MINING AND OVERSEAS AND INTERSTATE TRANSPORT: SCOPE OF DEFENCE POWER: JOINT COAL BOARD
BAILEY Kenneth Hamilton
15 September 1947
CONSTITUTION s 51 (i), (vi)

I refer to your letter requesting the Attorney-General’s comments on the following resolution of the Federal Executive of the Australian Labor Party: Nationalisation of Industry. Item 33. S...

67
1824
ROYAL COMMISSION
COMMONWEALTH PUBLIC SERVICE: PUBLIC SERVANT FOUND BY ROYAL COMMISSION TO HAVE ENGAGED IN MISCONDUCT: WHETHER ACTION AGAINST PUBLIC SERVANT UNDER COMMONWEALTH PUBLIC SERVICE ACT SHOULD BE TAKEN: WHETHER EX GRATIA PAYMENT FOR COSTS INCURRED BY PERSON APPEARING BEFORE ROYAL COMMISSION MAY BE MADE
WHITLAM Harry Frederick Ernest
13 October 1947
COMMONWEALTH PUBLIC SERVICE ACT 1922 ss 25, 55: PUBLIC SERVICE REGULATIONS reg 119

I refer to your memorandum (5045) dated 3rd October. (2)  In the report of the Royal Commission the Commissioner said – ‘… Mr. X. … has already suffered consid...

68
1825
AUSTRALIAN BROADCASTING COMMISSION: DEFAMATION
LIABILITY OF AUSTRALIAN BROADCASTING COMMISSION IN RESPECT OF BROADCASTING OF DEFAMATORY STATEMENTS: POSITION OF AUSTRALIAN BROADCASTING COMMISSION IN RESPECT DEFAMATORY STATEMENTS COMPARED TO THAT OF NEWSPAPER PUBLISHERS: ACTIONS FOR LIBEL OR SLANDER: ABSOLUTE AND QUALIFIED PRIVILEGE CONSIDERED IN RELATION TO AUSTRALIAN BROADCASTING COMMISSION’S NEWS SERVICES: MEANING OF ‘PUBLISHING IN GOOD FAITH FOR THE INFORMATION OF THE PUBLIC’
WATSON G.A.
13 November 1947
DEFAMATION ACT 1912 (NSW) ss 12, 29

With reference to your letter (87103) dated 31st October, 1947, requesting my advice (inter alia) as ‘to what extent, if at all, the Commission’s position as broadcaster is equivalent to t...

69
1826
ROYAL AUSTRALIAN AIR FORCE
GRANT OF LEAVE WITHOUT PAY TO OFFICER OF ROYAL AUSTRALIAN AIR FORCE: TERMINATION OF APPOINTMENT OF OFFICER OF ROYAL AUSTRALIAN AIR FORCE: APPOINTMENT DURING THE PLEASURE OF THE GOVERNOR-GENERAL
BAILEY Kenneth Hamilton
09 December 1947
AIR FORCE ACT 1923 ss 15, 137(1): RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 Pt VI: AIR FORCE REGULATIONS Pt V, regs 26, 72, 552A(7)

The Secretary, Department of Air, has forwarded the following memorandum for advice: The abovenamed ex-officer of the R.A.A.F. who held the position of Internal Auditor in the R.A.A.F. Area Finance...

70
1827
DEFENCE FORCE: SALARY FOR SUPERANNUATION PURPOSES
WHETHER CERTAIN ALLOWANCES PAYABLE UNDER FINANCIAL (MILITARY) REGULATIONS CONSTITUTE ‘SALARY’ FOR PURPOSES OF SUPERANNUATION ACT 1922: MEANING OF ‘SALARY’: MEANING OF ‘EXCHANGE ALLOWANCE’: MEANING OF ‘MARRIAGE ALLOWANCE’: MEANING OF ‘PROVISION ALLOWANCE’: MEANING OF ‘SEPARATION ALLOWANCE’: MEANING OF ‘LIVING OUT ALLOWANCE’: MEANING OF ‘ALLOWANCE IN LIEU OF RATIONS OR QUARTERS OR TENTAGE’: MEANING OF ‘CLOTHING MAINTENANCE ALLOWANCE’
BAILEY Kenneth Hamilton
22 January 1948
SUPERANNUATION ACT 1922 s 4: FINANCIAL (MILITARY) REGULATIONS regs 11, 12, 13, 14, 15, 16, 18, 37

I refer to your memorandum No. G/5872 of the 10th September, 1947, requesting advice as to whether certain allowances payable under the Financial (Military) Regulations should be regarded as ‘sa...

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