Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES.

1963. No. 14.

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1961 AND THE NAVIGATION ACT 1912-1961.*

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 1904-1961 and the Navigation Act 1912-1961.

Dated this twentieth day of February, 1963.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Amendments of the Conciliation and Arbitration Regulations. 

Parts.

1. Regulation 3 of the Conciliation and Arbitration Regulations is amended by inserting after the words—

“Division 3.—Appeals—Long Service Leave Matters—Stevedoring Industry (Regulation 77).”

the words—

“Division 3a.—Appeals from Courts of Marine Inquiry (Regulations 78-78h).”.

2. After Division 3 of Part III. of the Conciliation and Arbitration Regulations the following Division is inserted:—

“Division 3a.—Appeals from Courts of Marine Inquiry.

Mode of instituting appeals.

“78. An appeal under section 375b of the Navigation Act 1912-1961 shall be instituted by filing with the Registrar a notice of appeal in accordance with Form 23 and an affidavit or affirmation verifying the facts set out in the notice of appeal.

Service of notice of appeal.

“78a. A copy of the notice of appeal and of the affidavit or affirmation shall be served by the appellant on the Minister of State for Shipping and Transport within seven days after those documents are filed.

 

* Notified in the Commonwealth Gazette on 25th February, 1963.

  Statutory Rules 1956, No. 60, as amended by Statutory Rules 1957, No. 78; 1958, Nos. 7 and 53; 1959, No. 19; 1960, No. 86; and 1961, No. 123.

8691/62.—Price 3d. 9/30.1.1963.

Title of appeals.

“78b. A notice of appeal and all subsequent proceedings on appeals shall be entitled—

‘In the Commonwealth Industrial Court.

Appeal under Section 375b of the Navigation Act 1912-1961.’.

Notice to Registrar of Court of Marine Inquiry.

“78c. The appellant shall, within seven days after filing, with the Registrar a notice of appeal, file a copy of the notice of appeal with the Registrar of the Court of Marine Inquiry from which the appeal is brought.

Transmission of documents.

“78d.—(1.) The Registrar of the Court of Marine Inquiry from which the appeal is brought shall forthwith after the filing with him of a copy of the notice of appeal send a certified copy of every document that is required for the hearing of the appeal to the Registrar in charge of the Registry situated in the State or Territory of the Commonwealth in which the decision was given or, if the appeal is directed to be heard elsewhere than in that State or Territory, to the Registrar in charge of the Registry situated in the place where the appeal is to be heard.

“(2.) Upon application by the appellant and upon payment of the prescribed fee (if any), the Registrar of the Court of Marine Inquiry from which the appeal is brought shall furnish to the appellant a list of the documents that are required for the hearing of the appeal and a certified copy of any of those documents that is not in the possession of the appellant.

Fixing of time and place of hearing.

“78e. The Court or a Judge shall fix a time and place for the hearing of the appeal and the Registrar shall give notice of the time and place so fixed to—

(a) the appellant;

(b) the Minister of State for Shipping and Transport; and

(c) such other persons as the Court or Judge directs.

Appeal books to be lodged.

“78f. Not later than five days before the day on which the appeal is set down for hearing, the appellant shall, unless the Court or the Registrar otherwise orders—

(a) lodge in the Registry situated in the place where the appeal is to be heard four copies of an appeal book containing a copy of the notice of appeal, the affidavit or affirmation of the appellant, the official transcript of proceedings before the Court of Marine Inquiry and any other documents required for the hearing of the appeal; and

(b) serve a copy of the appeal book upon the Minister of State for Shipping and Transport.

Service on Minister for Shipping and Transport.

“78g.—(1.) For the purposes of this Division, a book, document or notice relating to an appeal from a decision of a Court of Marine Inquiry shall be deemed to have been served upon or given to the Minister of State for Shipping and Transport if it has been served upon or given to the Registrar of that Court.

“(2.) Where such a book, document or notice is served upon or given to the Registrar of a Court of Marine Inquiry, he shall notify the Minister of State for Shipping and Transport accordingly.

Summoning of assessors.

“78h.—(1.) As soon as practicable after a time and place have been fixed for the hearing of an appeal, the Minister of State for Shipping and Transport shall cause to be furnished to the Registrar a list of the assessors

appointed under section 360 of the Navigation Act 1912-1961 specifying the classes in which they are classified for the purposes of the Navigation (Courts of Marine Inquiry) Regulations and the places at which they reside.

“(2.) The Registrar shall, subject to sub-regulation (4.) of this regulation, select not less than two of the assessors specified in the list, from whichever of the classes he considers appropriate, and summon those assessors to attend and assist the Court at the time and place fixed for the hearing of the appeal.

“(3.) The Court may, subject to the next succeeding sub-regulation, select, or direct the Registrar to select, other assessors specified in the list, from whichever of the classes the Court considers appropriate, and may direct the Registrar to summon those assessors to attend and assist the Court at the time and place fixed for the hearing of the appeal in addition to or in place of the assessors summoned by the Registrar under the last preceding sub-regulation.

“(4.) An assessor who assisted a Court of Marine Inquiry in an inquiry into a matter shall not be summoned to attend and assist the Court on an appeal from the decision of that Court of Marine Inquiry in that matter.”.

First Schedule—Form 23.

3. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 22 the following form:—

Form 23.

Regulation 78.

In the Commonwealth Industrial Court.

Appeal under Section 375b of the Navigation Act 1912-1961.

NOTICE OF APPEAL.

• I.

      , of  , hereby appeal to the Commonwealth Industrial Court against the following decision of the Court of Marine Inquiry given at   on the   day of , 19:—

The grounds on which this appeal is made are as follows:—

I attach an affidavit or affirmation verifying the facts stated in this notice of appeal.

Dated this    day of   , 19

Appellant.

To the Registrar.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.