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Monday, 24 May 1965

Senator WRIGHT (Tasmania) .- Has the Minister for Works considered the matter I raised on Friday concerning clause 12 (3.) (c)? This paragraph relates to failure to reinstate a member because it is not reasonable or practicable for an employer to reinstate him. Will consideration be given to the viewpoint that compensation should be paid by the Crown in such a case? 1 suggest that such a provision would be in line with the provisions of the Bill which make the Crown subject to the Defence Act although clause 7 (2.) of the Bill provides that the Crown cannot be prosecuted for an offence. Clause 16 provides that a court considering a case of failure on the part of the Crown for reinstatement can award compensation just as, under clause 15, it can award compensation for failure to reinstate by a private employer if he has failed to reinstate without reasonable cause. It seems to me that if an employer proves it is impracticable or unreasonable to reinstate a member of the Services under clause 12 (3.) (c). the member should not go unrewarded but should get the same compensation as if the Crown or a civil employer failed to give him reinstatement without reasonable cause.

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