Opinion Number. 1703

Subject

POSTS AND TELEGRAPH CONCESSIONS IN CONNEXION WITH POSTAL, TELEGRAPH AND TELEPHONE SERVICES: ‘MEMBER OF THE NAVAL, MILITARY OR AIR FORCES OF THE COMMONWEALTH’: APPLICATION TO WOMEN’S FORCES: Women’s Auxiliary Force

Key Legislation

DEFENCE ACT 1903 s 37

Date
Client
The Acting Director-General of Posts and Telegraphs

With reference to your memorandum of 1st June, since writing my memorandum of 30th April(1) I have, in another connexion, further examined the position of the Australian Women’s Army Service, in the light of further information furnished to me.

There appears to be no legal obstacle to the enlistment of women in the Defence Force, and the Department of the Army treats the Service as part of the Defence Force and administers to members the oath prescribed by section 37 of the Defence Act. In these circumstances, I think that your Department would be justified in treating members of the Service as ‘members of the forces’ for the purposes of the Post and Telegraph Rates (Defence Forces) Act.

The same considerations do not apply, according to the information available to me, to members of the other women’s services and, in relation to them, I adhere to the advice contained in my memorandum of 30th April.

[Vol. 34, p. 395]

(1) Opinion No. 1698.