War Service (Preference in Employment) Act 1943

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

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.

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.

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—

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;

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;

any other relevant circumstances.