Opinion Number. 1839

Subject

COMMONWEALTH PUBLIC SERVICEWHETHER A PERSON WHO ENLISTED IN THE AUSTRALIAN IMPERIAL FORCE IN MARCH 1947 IS A ‘RETURNED SOLDIER’ FOR PURPOSES OF THE COMMONWEALTH PUBLIC SERVICE ACT 1922 AND REGULATIONS: MEANING OF

Key Legislation

PUBLIC SERVICE ACT 1922 s 7: RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945 s 4: COMMONWEALTH PUBLIC SERVICE REGULATIONS reg 159

Date
Client
The Secretary, Public Service Board

I refer to your memorandum dated 19th July, 1948, requesting advice whether X. is a ‘returned solder’ within the meaning of that expression in regulation 159.

(2)  It is stated in your memorandum that X. enlisted in the A.I.F. on 10th March, 1947, and since that date has served on continuous full time military duty.

(3)  The expression ‘returned soldier’ is defined in section 7 of the Commonwealth Public Service Act as including, amongst other persons—

a discharged member of the Forces within the meaning of the Re-establishment and Employment Act 1945.

By virtue of section 4 of the Re-establishment and Employment Act, the expression ‘member of the Forces’ includes ‘a person who is or was, during the war, a member of the Australian Imperial Force’ and by the same section, ‘the war’ means ‘the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, and includes any other war in which His Majesty became engaged after that date and before the commencement of this Part’.

(4)  As the war is not yet legally at an end, X. should, upon discharge, be regarded as a ‘returned soldier’ for the purposes of the regulation mentioned because of his membership of the A.I.F.