City of Brisbane Acts Amendment Act of 1943 (7 Geo Vi No. 30) (Qld)

11. LOCAL AND PERSONAL ACTS OF THE PARLIAMENT OF QUEENSLAND. 7° GEO. VI. BRISBANE-CITY. Bee INDUSTRY (SOMERSET DAM). BRISBANE. An Act to Amend "The City of Brisbane Acts, 1924 7 N GE o O . . 30 V . I. to 1943," in certain particulars. THE CITY OF BRISBANE ACTS AJIlENDMENT [ASSENTED TO 18TH NOVEMBER, 1943.] ACT OF 1943. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. (1.) This Act may be cited as "The Oity of Short title. Brisbane Acts Amendment Act of 1943," and shall be read as one with *" The Oity of Brisbane Acts, 1924 to 1943," herein referred to as the Principal Act. (2.) The Principal Act and this Act may be collec- Collective tively cited as "The Oity of Brisbane Acts, 1924 to 1943." title. 2. Section 250 of the Principal Act is hereby Repeal of repealed and the following new sections, numbered 250 ~ e!5~ !, ~ ~o and 25D, are inserted in lieu thereof, namely:- and 25D. "[250.] (1.) If a vacancy in, or a new office created Appeal by in, a department of the Council is filled by the promotion ~ ~ = t (whether with or without transfer) of an officer of that promotion of or another department, any officer employed by the ~ : : r. Council who considers himself more entitled to the * 15 G. 5 No. 32 and amending Acts. See v. 10, pp. 6 et seq.

142 BRISBANE. City of Brisbane Acts Amendment Act. 7 GEO. VI. No. 30, Sch. Ill. promotion than the officer who has been promoted may appeal against such promotion of such other officer to an Appeal Board which shall be constituted in the manner set forth in Schedule Ill. of this Act for the purpose of such appeal. Provided that an appeal shall not lie- (a) In respect of a promotion made to an office in the Administrative Division; or (b) By an officer who, having attained the age of sixty.five years, has been continued in the service of the Council: Provided further, that the Administrative Division shall include permanent heads of the departments of the Council and all other officers whose offices the Council from time to time directs to be included in that division. Ground of (2.) Such appeal may be made on the ground of appeal. superior efficiency or equal efficiency and seniority to . the officer promoted. Sch. ITI. (3.) The provisions of Schedule Ill. of this Act shall apply and extend to appeals under this section. Appeal by [25D.] (1.) Any employee of the Council who, on eamgapilnosytee the ground of misconduct or unfitness, or neglect of or disciplinary violation of or absence from duty, or any other offence action. against discipline, has been dismissed from the employ- ment of the Council or disrated or fined or otherwise dealt with by or on behalf of the Council may appeal : ch. Ill. to the Appeal Board referred to in Schedule Ill. of this Act which shall be constituted for the purpose of such appeal. Ground of (2.) Such appeal may be made on the ground of appeal. innocence of the charge or excessive severity of the punishment. Board to consider previous record of appellant. (3.) In the hearing of any appeal on the ground of the excessive severity of the punishment,' the Board shall take into consideration the previous record of the appellant. Sch. HI. (4.) The provisions of Schedule Ill. of this Act shall apply and extend to appeals under this section."

1943. BRISBANE. Oity of Hrisbane Acts Amendment Act. 143 3. The following Schedule, numbered Schedule Ill., Insertion of is inserted after Schedule Il. of the Principal Act, as Sch. m. follows : - "SCHEDULE Ill. Appeals. Sections 250 and 25D. 1. No vacancy in an administrative, professional, or clerical Positions office, or no new administrative, professional or clerical office shall be!.d bertis d filled unless applications have been invited from employees of the ve e. Council. In the event of the applicants being considered unsuitable for the office, applications shall be invited by public advertisement from qualified persons outside the service of the Council, and such advertise- ment shall contain particulars of the minimum and maximum. salaries prescribed for the vacant or new office and the closing date for receipt of applications. Each such vacant or new position shall be advertised at least three weeks prior to the closing date for receipt of applications. AI:r 2. (i.) For the purposes of appeals in accordance with the pro- Composition visions of sections 250 and 25n of this Act, the Appeal Board shall ~f al consist of three persons, namely :_ oar . (a) A stipendiary magistrate, who shall be appointed in each case by the Minister; (b) A Council's representative appointed in each case by the Establishment and Co-ordination Committee of the Council; and (0) A mem.bers' representative nominated in each case by the executive of the Union of which the appellant is a member. (ii.) The stipendiary magistrate appointed as aforesaid shall be the Chairman. chairman of the Appeal Board. (ill.) The Appeal Board shall hear and determine the appeal. Board to hear and determine appeals. (iv.) There shall be appointed by the Council a secretary to the Secretary to App,eal Board. Board. (v.) All powers of the Appeal Board may be exercised by a Board to act majority of the members thereof. by majority. 3. As soon as practicable after an office in respect of the filling Unsuccess- of which there is a right of appeal has been filled, the Town Clerk ful . shall inform every unsuccessful applicant accordingly, giving the awlic:nt name of the. person appointed to the office, date of appointment, and : r~ : n~ particulars as to the seniority of the successful applicant as compared of result of with such unsuccessful applica.nt. application for classified office.

144 BRISBANE. Oity of Brisbane Acts Amendment Act. 7 GEO. VI. No. 30, Form of notice of appeal. Notice of appeal. 4. Notice of appeal shall be in the form following:- NOTICE OF APPEAL. I, , an officer of the Department of the Brisbane City Council, hereby give notice of appeal against the decision of the (here insert by whom decision made), made on the . day of , 19 ,whereby (here insert briefly subject-matter of decision). The grounds on which I make my appeal are (here insert grounds of appeal). At present I occupy the position ot , at of which the classification is minimum, and maximum, and am in receipt of a salary of per annum. I am a member of (here insert name of Union) Union. Dated at this day of 19 Where to be 5. Notice of appeal shall be despatched to the Secretary to the forwarded. Appeal Board within fourteen days of the date on which the recom- mendation or decision affecting an officer or employee is communicated to him directly. Notice of 6. Upon receipt of a notice of appeal the Secretary shall forward appeal, how the same to the Town Clerk and shall take the necessary action to dealt with. cause the Appeal Board to be constituted to hear and determine the Board to be appeal. constituted. Fixatiol' 7. The Chairman of the Appeal Board shall, as early as practicable of hearing after the date of the constitution of the Appeal Board, fix the date on which the appeal shall be heard: Provided that the Appeal Board may decline to hear or €'lltertain any matter of appeal which in the Board's opinion, is based on trivial or frivolous grounds. Notice of hearing- Form of notice of hearing. Notice of hearing of appeal. 8. The Secretary to the Appeal Board shall give the Town Clerk, the appellant, and the Union not less than seven clear days' notice of the date when the appeal will be heard. The notice of hearing shall be in the form following :- NOTICE OF HEARING OF APPEAL. Appeal against the decision of the (here insert by whom decision made) whereby (here insert subject-matter of decision). To Take notice that the above matter will be heard by the Appeal Board, at the (building and location), at (time) on (day of week and date). Dated at this day of , 19 Secretary to the Board. Town Clerk 9. The Town Clerk shall, not less than fourteen days before the to notify date of hearing, inform the Secretary to the Appeal Board of the appoint- name and address of the person appointed by the Establishment and trmievpeenr. etsoefnta· BCooa- ordrd. ination Committee as the Council's representative on the

1943. BRISBANE. City of B~ risbane Acts Amendment Act. 145 10. The appointment of a members' representative in accordance Union to with the provisions of clause two hereof, shall be notified by the Union notif.y concerned, to the Secretary to the Appeal Board not less than fourteen appoill~ ­ days before the date of hearing. If the member's representative is an : ~ ~ ! s~ nta­ officer of the Council, he shall be granted leave of absence on full tive. pay to enable him to act as such members' representative. 11. If the appellant wishes to withdraw his appeal he shall notify Withdrawal the Secretary to the Appeal Board at least three days before the of appeal. hearing. 12. The parties to the appeal shall be entitled to subpcena Proeedure. witnesses in the same manner and subject to the same penalties and conditions as witnesses may be Summoned to give evidence before justices in petty sessions, and to have all witnesses examined on oath or affirmation. 13. The appellant and the Town Clerk, respectively, shall supply Appellants the Secretary to the Appeal Board with a list of all persons to be ~ fd{ own subpcemed by the Chairman of the Board, to give evidence on behalf su~ pl; o of the Council and the appellant, respectively, relevant to the appeal. names of witnesses. 14. Such leave of absence to officers as is necessary shall be Leave to be granted on full pay to ensure the attendance of witnesses who are gr.anted to required to give evidence before the Appeal Board, and to admit of WItnesses, the appearance of officers required to act as agents for appellants. &0. 15. Before proceeding to take evidence all papers and corres- Relative pondence bearing on the decision appealed against shall be read, or pap~ rs to be otherwise made available for the use of the appellant, provided that aVaJl~ blet for the Establishment and Co-ordination Committee may withhold from appe an . the Appeal Board and the appellant any papers, minutes, or corres- pondence, if for any reasons of public policy, of which the Committee shall be the judge, it is considered undesirable to produce them. 16. All evidence shall be taken in the presence of the appellant, Evidence but if the appellant fail to appear the Appeal Board may deal with ~ o be taken the appeal on such evidence as is available. oilfl apprepseelnlacnet. 17. The Secretary to the Appeal Board shall convene all meetings Record .of of the Board, and keep all records of proceedings and decisions in proceedmgs. such manner as may be directed. 18. In any proceedings before the Appeal Board the Council and ~ epresenta­ the appellant may respectively be represented by its or his counsel, bono solicitor, or agent duly appointed in writing in that behalf, who may examine witnesses and address the Board. 19. (i.) The Appeal Board shall investigate in open court every Duty of appeal and transmit the evidence taken together with their decision Board. thereon to the Town Clerk. (ii.) They shall make their inquiry without regard to legal fOrIIJ,3 and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not.

146 BRISBANE. Oity of Brisbane Acts Amendment Act. 7 GEO. VI. No. 30, (iii.) The provisions of *" The Official Inquiries Evidence Acts, 1910 to 1929," shall be applicable to every appeal had under this section as if the Appeal Board were a commission under such Acts, and to the intent that such Board shall have all the powers, authorities, and protection under such Acts. Duty of 20. The Town Clerk shall transmit such decision and evidence Town Clerk. together with his report and recommendation thereon to the Establish- ment and Co-ordination Committee. Powers of Committee. 21. Upon consideration of the matter the Establishment and Co-ordination Committee may confirm or set aside the promotion appealed against or on an appeal in respect of an alleged offence, may acquit the appellant of the charge made, or, upon being satisfied that the commission of an offence has been established, may, according to the nature of the offence, award such of the following punishments as the case may seem to require, whether the prescribed authority has imposed any such punishment or not, or whether the Town Clerk has recommended any such punishment or not ;- (a) A reprimand; (b) A fine not exceeding ten pounds; (c) Deprivation of leave; (d) Reduction of salary; (e) Disrating; (f) Suspension without pay; (g) Enforced resignation; or (h) DismissaL Decision of Establish- ment and Co-ordina- tion Conunittee to be notified. 22. The Town Clerk shall notify the appellant and the permanent head of the decision of the Establishment and Co-ordination Committee. No appeal 23. Notwithstanding anything contained in any other Act, from Appeal no appeal from a decision, either of the Appeal Board or of the Board or Establishment and Co-ordination Committee, with respect to any Council. employee of the Council shall lie or be permitted to the Industrial Court constituted under t" The Industrial Conciliation and Arbitration Acts, 1932 to 1942," or to any other court or tribunal whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. Allowance to 24. Any witness, not being an officer, summoned on behalf witnesses. of the Establishment and Co-ordination Committee to give evidence Amount of before the Board, shall be paid an allowance by the Department in expenses. which the appellant is employed, upon the certificate of the Chairman * 1 G. 5 No. 26 and amending Act. See v. 3, pp. 439 et aeq. t 23 G. 5 No. 36 and amending Acts. See v. 4, pp. 1020 et seq.

BRISBANE. - - - - - - - - - - - - - - - - - - - - - - - - ... _------. 1943. City of Brisbane Act.s1 Amendment Act. 147 of the Board. Such allowance shall be a sum equal to the amount of salary or wages lost by the witness for the day or days of attendance at the hearing of the appeal; or, if the witness is not in receipt of salary or wages, a sum which, in the opinion of the Chairman, would be proper payment, taking into consideration the occupation of the witness, and the time lost in attendance. In addition to allowance for attendance, reasonable travelling Travelling expenses actually paid by a witness may be allowed, but not exceeding expenses. one shilling for every mile a witness resides from the place at which he is required to attend. 25. (1.) Except as hereinafter provided, the Council shall not be Council not responsible for travelling or other expenses of witnesses subpamred responsible by the appellant. ~ ~ r expenses appellant's witnesses. (2.) In the case of an appeal against promotion, the Council Appeal will not be responsible for travelling or other expenses of any witnesses against. summoned by or on behalf of the appellant, excepting in cases where promotlOn- the appeal has been upheld by the Board, and the evidence of : .xte~ ses such witnesses was, in the opinion of the Chairman, neccssary and payable by material. Council. (3.) The Council will not be responsible for travelling or other Officer expenses of any witnesses summoned by or on behalf of an officer charged with charged with an offence, excepting in cases where the charge has been an offence- found to be not proved, and the evidence of such witnesses was, in ~~ ~ nses the opinion of the Chairman, necessary and material. payable by Council. 26. The Secretary to the Appeal Board shall submit the claim Claims to be made by a witness for expenses to the Chairman of the Board, who sub~ itted to shall give his certificate as to attendance, and determine the amount chamnan. to be allowed. 27. In cases where the appellant is successful, and the Appeal Expenses to Board considers that reasonable expenses or any part thereof should appellant. be paid to the appellant, the Chairman shall certify accordingly. 28. All expenses whatsoever payable by the Council in connection Expenses of with appeals heard by the Appeal Board, including the expenses of Board, by the members of the Board, secretary, reporters, and others, shall be whom paid. defrayed by the Department to which the appellant belongs. The Chairman of the Board shall certify to the vouchers for expenses, and .shall be responsible for the correctness. 29. (1.) In this Schedule the term "Establishment and Co- Meaning of ordination Committee" shall mean the Establishment and Co-ordina- ~? ~ ~ bI" h- tion Committee of the Brisbane City Council constituted pursuant to me:t : n~ Chapter fifty-nine of the Ordinances of the said Council, which Co-ordina- Ordinances were approved by His Excellenoy the Governor with the tion. , advice of the Executive Council on the first day of March, one thousand CommIttee. ' nine hundred and forty, and published in the Gazette of the first day of March, one thousand nine hundred and forty."

148 BRISBANE. Oity of Brisbane Acts Amendment Act. 7 GEO. VI. No. 30, Seniority. (2.) For the purposes of section 250 and this Schedule- (i.) Seniority of one officer over another shall be determined according to the following rules :- (a) That officer whose position has the higher maxim,tl.m salary shall be senior, and if such salaries are equal that officer who held for a longer period a position with that maximum salary shall be senior; and (b) If upon the first application of the rule (a) neither officer is found to be senior to the other, the same rule shall be applied a second and, if necessary, any number of subsequent times to the maximum salaries of the positions held by such officers immediately prior to the period during which the officers were found on the preceding application of the said rule to have held positions with the same maximum salary and to the periods during which they held positions carrying such first-mentioned maxim,um salaries until one of such officers shall be found to be senior to the other or until the rule can be no longer applied; and (c) If thereupon neither officer is found to be senior to the other that officer having the longer period of service as a permanent officer of the Council shall be' senior; and (d) If thereupon neither officer is found to be senior to the other the Establishment and Co-ordination Committee shall determine upon such basis as it considers equitable which officer is senior. Efficiency. (ii.) The term" efficiency" shall mean special qualifications and aptitude which in the opinion of the Committee or the permanent head, as the case may be, are necessary for the proper discharge of the duties of the position to be filled, together with merit, diligence, and good conduct. (iii.) In determining, according to the rules prescribed by this clause, the seniority of an officer who is absent from the Council on service with or with any service forming part of His Majesty's Naval, Military, or Air Forces, the period during which such officer is so absent shall be taken into account, and such officer shall not during or by reason of such absence be prejudiced in respect of his right to promotion to fill a vacancy in, or a new office created in, a department of the Council. Reports, 30. Any evidence, report, recommendation and decision in respect &c., may be of any such appeal may, at the request of any alderman, be placed tabled. on the table of the Council. Repeal of 4. (1.) So much of the provisions of any ordinance oinrcdoinnasnisctee. nt made pursuant to the Principal Act as relate to the acts, matters, and things enacted in this Act and which are inconsistent with any of the provisions of this Act shall to the extent of such inconsistency be repealed.

BRISBANE-INDUSTRY. 7 GEO. VI. No. 35, 1943. Somerset Dam, Etc. (War Adjustment) Act. 149 (2.) Any person prior to the passing of this Act Reference havm· g a rI.ght 0 f appea1 pursuant to tehprov' IsI.Ons 0 ftouanpdepreals section twenty-nine and the Fourth Schedule of *" The Tramway Brisbane Tramway Trust Act of 1922" (as amended by Trust Act. Orders in Council and ordinances under this Act) shall in lieu of such right of appeal as provided under the law aforesaid, have the right of appeal as prescribed by section 250 and by section 25D and the Third Schedule of t" The City of Brisbane Acts, 1924 to 1943 " ; and the provisions of the said section twenty-nine (so far as regards appeals of employees) and the Fourth Schedule of *" The Brisbane Tramway Trust Act of 1922" (as so amended) above referred to shall be repealed. INDUSTRY. An Act to make Temporary Financial Provisions in 7 ~~~3~:' relation to the Construction of the Somerset SO!;:SET Dam, constructed pursuant to the Provisions Flr DA ~ M ~ AL of "The Bureau of Industry Acts, 1932 to i~; u~i~ ~~ § '> 1935," and for purposes incidental thereto. [ASSENTED TO 18TH NOVEMBER, 1943.] \ 1 ; \ \ 1 T HEstRoEraAgeS ffoorr tthhee psuurpppolsye ooff ewnastuerrintgo atnheadCeqituyaotef Preaml.>le. Brisbane and the City of Ipswich and for the further purpose of preventing as far as may be destruction by flood waters in or about the said cities, authority was granted pursuant to the provisions of section 60 of j" The Bureau of Industry Acts, 1932 to 1935" for the construction by the Bureau of Industry or delegated Crown instrumentality (namely the Stanley River Works Board) of a dam across the Stanley River and all necessary appurtenances thereto at the site and in accordance with plans and specifications approved by the Governor in Council, including all necessary preliminary acts and matters in relation thereto (herein collectively referred to as " the said works") : And whereas pursuant to the said section 60 the cost of the said works was apportioned between Brisbane City * 13 G. 5 No. 14. See 1922 Sess. v., p. 10303. t 15 G. 5 No. 32 and amending Acts. See v. 10, pp. 6 et 8eq. t 23 G. 5 No. 25 and amending Acts. See v. 4, pp. 160 et 8Cq.