Crown Employees Appeal Board (Amendment) Act 1957 (NSW)

CROWN EMPLOYEES APPEAL BOARD (AMEND-

MENT) ACT.

Act No. 55, 1957.

An Act to make further provision relating to the constitution of the Crown Employees Appeal Board; for this and other purposes to amend the Crown Employees x\ppeal Board Act. 1944, and the Police Regulation (Appeals) Act, 1923, as amended by subse- quent Acts; and for purposes connected therewith. [Assented to, 9th December, 1957.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the "Crown Emplovees Appeal Board (Amendment) Act, 1957." (2)

(2) The Crown Employees Appea l B o a r d Act, 1944, as amended by subsequent Acts and by the Governor p u r s u a n t to section two of the said Ac t and by this Act, may be cited as the Crown Employees Appea l Boa rd Act, 1944-1957.

2. The Crown Employees Appea l B oa r d Act, 1944,

as amended by subsequent Acts , is amended—

(a) (i) by inser t ing in subsection two of section

three af ter the word " c h a i r m a n " the

words " a n d , where there is an addi t ional

t e m p o r a r y	chai rman	as	here inaf ter	p ro ­
vided,	such	addi t ional	t e m p o r a r y	chair­
m a n " ;

(ii)   by inserting next after the same subsection the following new subsect ions:—

(2A) Where , in the opinion of the

Governor, the B o a r d is unable to cope p rompt ly and expedit iously wi th the

m a t t e r s in the B o a r d ' s list, an addi t ional

t e m p o r a r y cha i rman may be appoin ted from time to t ime as here inaf ter provided.

(2B) More t han one s i t t ing of the Boa r d
may, where there is an addi t ional tem­

p o r a r y chairman, be held a t the same time.

(iii) three of the same section af ter the word by inser t ing in p a r a g r a p h (a) of subsection " c h a i r m a n " the words " o r , where the re

is an addi t ional t e m p o r a r y chairman, such

addi t ional t e m p o r a r y c h a i r m a n " ;

(iv)   by omitting from subsection four of the same section the words " a l t e r n a t e m e m b e r " wherever occurr ing and by inser t ing in lieu thereof the words " t h e a l te rna te

member or an addi t ional a l te rna te

m e m b e r " ;

(v)

(v) (a) by inser t ing in subsection five of the

same section af ter the word " c h a i r ­

m a n " the words " a n d , where there is

an	addi t ional	t e m p o r a r y	cha i rman,
such	addi t ional	t e m p o r a r y	c h a i r m a n " ;

(b)

by inserting in the same subsection

a f te r the word " s h a l l " where	secondly
occurr ing the words " e x c e p t	as here­

inafter p r o v i d e d " ;

(c )

by inser t ing a t the end of the same subsection the following new

p a r a g r a p h :—

The decision of the cha i rman upon any question which may ar ise a t any si t t ings of the B o a r d at which he is p resen t as to the jur isdict ion of the Boa rd or as to the admissibil i ty of evidence or as to procedure shall be the decision of the Board , and where there is an addi t ional t e m p o r a r y chair­ man the decision of such, addi t ional t e m p o r a r y cha i rman upon any quest ion which m a y ar ise a t any si t t ings of the Boa rd at which he is p resen t as to the jur isdict ion of the Boa r d or as to the admissibi l i ty of evidence or as to procedure shall be the decision of the Board .

(vi) (a ) by inser t ing in subsection six of the

same section af ter the word " c h a i r ­

m a n " the words " a n d , where there

is an addi t ional t e m p o r a r y chai rman,

such addi t ional t e m p o r a r y c h a i r m a n " ;

(b)	by inserting in the same subsection
af ter the word " a l t e r n a t e " wherever
occurr ing the words " o r addi t ional

a l t e r n a t e " ;

(b)

(b) (i) by inserting next after subsection one of section four the following new subsection:—

(1A) The Governor may, f rom t ime to

time,	appoin t	a n	addi t ional	t e m p o r a r y
chai rman.	A n	addi t ional	t e m p o r a r y	chair­

m a n shall be—

(a)	a Judge of the Supreme Court who shall be so appoin ted on the nominat ion of the Chief J u s t i c e ; or
(b)	a member of the Industrial Com­ mission of New South Wales who shall be so appoin ted on the nominat ion of the P re s iden t of
t ha t Commission.

(ii)    by inser t ing in p a r a g r a p h s (a ) and (b) of subsection two of the same section af ter the word " c h a i r m a n " wherever occurr ing

the words " o r addi t ional t empora ry

c h a i r m a n " ;

(c) (i) by inser t ing in subsection two of section five af ter the word " m e m b e r " where secondly occurr ing the words " a n d such number of addi t ional a l t e rna te members as the cha i rman m a y from t ime to t ime r e q u i r e " ;

(ii)  by inserting in the same subsection after the word " m e m b e r " where four thly occurr ing the words " o r dur ing any per iod within which the re is an addi t ional

t e m p o r a r y c h a i r m a n " ;

(iii)   by inserting at the end of the same

subsection the following new p a r a g r a p h s : —

D u r i n g the absence from any cause of a
member so nominated and of the a l te rna te
member or dur ing any vacancy in the office

of

of a member so nominated and of the a l te rna te member an addi t ional a l t e rna te member may, where there is one s i t t ing of the B o a r d being held a t any one t ime, act as a member of the Boa rd , and while so act ing shall have all the powers and

author i t ies of a member .

Dur ing the absence from any cause of a member so nominated and of the a l t e rna te member or e i ther of them or dur ing any vacancy in the office of a member so nominated and of the a l te rna te member or ei ther of them, two addi t ional a l t e rna te members or an addi t ional a l te rna te member may, where the re is more t han one s i t t ing of the B o a r d being held a t any one t ime, act as members or a member of the Board , as the case may require , and any addi t ional a l t e rna te member while so act ing shall have all the powers and author i t ies of a member .

(iv)   by omitting from subsection four of the

same section the words " o r a l t e rna te

m e m b e r " and by inser t ing in lieu thereof

the words " a l t e r n a t e member or addi t ional

a l te rna te m e m b e r " ;

(d) (i) by inser t ing next after subsection (2B) of section six the following new subsection:— (2BA) (a) W h e r e , a f te r the commence­

ment of the Crown Employees Appea l B o a r d (Amendment ) Act, 1957, the cha i rman requi res any addi t ional a l t e rna te members to be nominated by any employer or association of employees, the nominat ions of such addi t ional a l te rna te members shall be lodged within such t ime as the cha i rman prescr ibes .

(b)

(b) The persons so nominated

shall assume office on the dates upon which their respective nominat ions take effect and shall, subject to this Act, hold office for such period as the cha i rman de te rmines :

P rov ided tha t , if they assume office

before the thirty-first day of December, one thousand nine hundred and fifty-nine, they shall cease to hold office on the said day, and if they assume office dur ing any per iod of three yea r s succeeding the said clay, they shall cease to hold office on the thirty-first day of December of the th i rd year of such succeeding period, but they shall be eligible for nominat ion and to hold office as addi t ional a l te rna te members upon any subsequent occasion on which the cha i rman m a y require addit ional a l te rna te members .

(ii)   by omitting from subsections four and five of the same section the words ' ' or a l te rna te m e m b e r " wherever occurr ing and by

inser t ing in lieu thereof the words " a l t e r ­

na te member or addi t ional a l te rna te

m e m b e r " ;

(e) (i) by omit t ing from section seven the words

" c h a i r m a n ) or an a l te rna te m e m b e r "

wherever occurr ing and by inser t ing in lieu thereof the words " c h a i r m a n or addi t ional

t empora ry cha i rman) , an a l te rna te member

or an addi t ional a l te rna te m e m b e r " ;

(ii) by omit t ing from p a r a g r a p h (f) of sub­

section one of the same section the words " o r a l te rna te m e m b e r " and by inser t ing in

lieu thereof	the words	" a l t e r n a t e	member
or	addit ional	a l te rna te	m e m b e r " ;

(f)

(f) (i) by inser t ing next af ter p a r a g r a p h (a) of

subsection one of section ten the following

new	p a r a g r a p h : —
(a1) for the increase in sa la ry of an officer, such increase being an increase :—

(i) whereby such officer

a t t a ins senior i ty over other officers who before such increase h a d senior i ty equal to or g rea t e r t han the officer whose sa la ry is

so increased ;

(ii)   which is applicable to such officer only and is no t applicable to such o ther officers; and

(iii)   otherwise than by virtue

of a promot ion re fe r red

to in p a r a g r a p h (a) of

this subsect ion;

(ii)   by omitting from the same subsection the words " o n e thousand seven hundred and fifty p o u n d s " and by inser t ing in lieu

thereof the words " t w o thousand five

hundred p o u n d s " ;

(g)	by inserting at the end of subsection three of section eleven the words " , or, where the chair­ man or addi t ional t e m p o r a r y cha i rman upon any par t i cu la r appea l directs a lesser number of d a y s ' notice of the da te and place so fixed be given to the appel lant and the employer, not less than such lesser number of d a y s ' notice of
the da te and place so fixed";

(H)

(h) by inserting in subsection one of section twelve after the word "cha i rman" where firstly occurring the words "and additional temporary chairman".

3 . (1) The Police Regulation (Appeals) Act, 1923-

1947, is amended—

(a)	by inserting in section two at the end of the definition of " B o a r d " the words ",. as amended
by subsequent Ac t s " ;
(b)	by inserting in section six after the figures "19-14" where firstly and lastly occurring the words " a s amended by subsequent Acts,".

(2) The Police Regulation (Appeals) Act, 1928,
as amended by subsequent Acts and by this Act, may be

cited as the Police Regulation (Appeals) Act, 1923-1957.