Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES

1972 No. 51

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1970.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904-1970.

Dated this twenty-first day of April, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Amendment of the Conciliation and arbitration Regulations 

1. Regulation 138 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead:—

Financial assistance in proceedings under section 140 or 141.

“138.—(1.) In this regulation, unless the contrary intention appears—

‘proceedings’ means proceedings instituted, whether before or after the commencement of this regulation, under section 140 or 141 of the Act;

‘the applicant’ in relation to proceedings, includes the complainant in proceedings under section 141 of the Act.

“(2.) Subject to the succeeding sub-regulations of this regulation, where a rule has been granted in proceedings by the Court or a Judge calling upon a person or organization to show cause why an order should not be made under section 140 or 141 of the Act in relation to that person or organization, the applicant in the proceedings may apply to the Attorney-General for financial assistance by the Commonwealth in respect of the costs or expenses that the applicant has paid, has become liable to pay or may become liable to pay in connexion with the proceedings

“(3.) Where the applicant in proceedings applies for financial assistance in accordance with the last preceding sub-regulation and the Attorney-General is satisfied that it is likely that hardship would be caused tothe applicant if assistance were not given by the Commonwealth in respect of the costs or expenses that he has paid, has become liable to pay or may become liable to pay in connexion with the proceedings, the Attorney-General may, subject to the next succeeding sub-regulation, authorize payment by the Commonwealth to or on behalf of the applicant of such amount as is, or such amounts as are from time to time, determined—

(a) by the Attorney-General; or

 

* Notified in the Commonwealth Gazette on 1971.

  Statutory Rule; 1956, No. 60, as amended by Statuary Rules 1957, No. 78; 1958, No. 7 and 53; 1959, No. 19; 1960, No. 86; 1961, No. 123; 1963, No. 14; and 1967, Nos. 35 and 136; by Act No. 53 of 1970; and by Statutory Rules 1970, No. 162; 1971, Nos. 95 and 115; and 1972, No. 6.

13643/72—Price 5c 9/12.4.1972

 

(b) in accordance with a direction given, or directions from time to time given, by the Attorney-General,

in respect of those costs or expenses.

“(4.) The Attorney-General may refuse an application under sub-regulation (2.) of this regulation in respect of proceedings if he is satisfied that—

(a) the order sought in the proceedings is the same or substantially the same as an order obtained or sought in other relevant proceedings and the proceedings involve the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other proceedings; or

(b) it would be contrary to the interests of justice to grant financial assistance to the applicant in connexion with the proceedings.

“(5.) For the purpose of the last preceding sub-regulation, ‘other relevant proceedings’, in relation to proceedings in respect of which an application has been made under sub-regulation (2.) of this regulation, means any proceedings that—

(a) were instituted before the proceedings in respect to which that application was made; and

(b) have been heard and determined by, or are pending before, the Court.

“(6.) Nothing in this regulation authorizes a payment in respect of fees of more than one counsel appearing for the applicant in proceedings unless two or more counsel appeared, or are to appear, for another party to, or an intervener in, the proceedings.

“(7.) The Attorney-General may authorize under sub-regulation (3.) of this regulation payment to be made by the Commonwealth in respect of proceedings either before or after the proceedings have been heard and determined by the Court, but shall not authorize payment by the Commonwealth in respect of proceedings that were heard and determined by the Court before the commencement of this regulation.”.

Transitional.

2. Notwithstanding the amendment of the Conciliation and Arbitration Regulations effected by the last preceding regulation, regulation 138 of the Conciliation and Arbitration Regulations as in force immediately before the commencement of this regulation continues in force in relation to a direction that financial assistance be given to a member given under that regulation before the commencement of this regulation and a further direction may be given under that regulation as so continued in force concerning the amount or amounts that may be paid to or on behalf of the person.

Printed by Authority by the Government Printer of the Commonwealth of Australia