Government Employees (Promotions Appeal Board) Act Amendment Act 1964 (WA)

1964.] Government Employees [No. 86.

(Promotions Appeal Board).

GOVERNMENT EMPLOYEES

(PROMOTIONS APPEAL BOARD).

13° Elizabeth IL, No. LXXXVI.

No. 86 of 1964.

AN ACT to amend the Government Employees (Promotions Appeal Board) Act, 1945-1960, and to repeal section three of the Government Employees (Promotions Appeal Board) Act Amendment Act, 1960.

[Assented to 14th December, 1964.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Employees (Promotions Appeal Board) Act Amend- andcitation 1. (1) This Act may be cited as the Government Short title

ment Act, 1964.

No. 86.] Government Employees [1964.

(Promotions Appeal Board).

Reprinted in

/fol. 10 of the

(2) In this Act the Government Employees (3) The principal Act as amended by this Act may be cited as the Government Employees (Promotions Appeal Board) Act, 1945-1964.

Reprinted

Acts.

(Promotions Appeal Board) Act, 1945-1960, is

Approved

for reprint

referred to as the principal Act.

11th June,

1956, and

amended by

Acts Nos.

76 of 1956 and

58 of 1960.

Commence-

ment. 2. This Act shall come into operation on a date

to be fixed by proclamation.

S. 3

amended. 3. Section three of the principal Act is

amended

(a)	by inserting after the word, "includes" in line four of the interpretation, "Depart- ment", the passage, "the Metropolitan Water Supply, Sewerage, and Drainage Board,";
(b)	by inserting after the word, "Force" in line seventeen of the interpretation, "Employee", the passage, ", or such employees of the Education Department employed under the provisions of the Education Act, 1928, as have a right of appeal to the Government School Teachers' Tribunal constituted under that Act"; and
(c)	by adding after the interpretation, "Minister" the following interpretation

"Office" or "Position" means a position that has been created as a permanent position in a depart- ment. .

S. 4

amended. 4. Section four of the principal Act is amended

(a) by substituting for the words, "the recommending authority" in lines two and

three of paragraph (d), the passage, "or

1964.] Government Employees [No. 86.

(Promotions Appeal Board).

appointment the recommending authority, or as the case may be, the appointing authority";

(b)	by inserting after the word, "recommenda- tion" in line five of paragraph (d), the words, "or appointment";
(c)	by adding after the word, "employment", being the last word in paragraph (d), the words, "or appointed thereto or employed therein"; and
(d)	by inserting after the word, "recommended" in line five of paragraph (e), the passage, ", or as the case may be, appointed or employed".

Section five of the principal Act is amended by substituting for the passage commencing with the word, "but" immediately following the passage, "section," in line twelve of paragraph (b) of the proviso to subsection (1) down to and including the word, "created" being the last word in that paragraph, the words, "unless the Minister declares upon special grounds that this paragraph does not apply in respect of the vacancy or new office".

S. 5

amendea.

5.

6.    Section six of the principal Act is amended- amendea

(a)	by deleting the words, "in each case" in line one of paragraph (b) of subsection (2);
(b)	by inserting after the passage "Incorporated," in line six of subparagraph (ii) of paragraph (c) of subsection (2), the passage, "The Australasian Transport Officers Federation, the Association of Railways Professional Officers of Australia";
(c)	by adding after subsection (2), the following subsections

(2a) Notwithstanding the provisions

of subsection (2) of this section, the

Governor may appoint a stipendiary

No. 86.] Government Employees [1964.

(Promotions Appeal Board).

magistrate nominated by the Minister to be the Assistant Chairman of the Board and thereupon the Board may at any time comprise that Assistant Chairman and two persons respectively appointed in accordance with the provisions of paragraphs (b) and (c) of that subsection.

(2b) The Board when comprised as provided in subsection (2a) of this section may sit either at the same or a different time as the Board sits when it is comprised as provided in subsection (2) of this section, and shall hear and determine such appeals under this Act as the Chairman of the Board may direct from time to time. ;

(d)	by deleting the passage, "subsection (2) of" in line two of subsection (3);
(e)	by inserting after the passage "subsection (2)" in line eight of paragraph (a) of subsection (3), the passage, ", or under subsection (2a),";

(1) by adding after the word, "nominate", being subsection (3), the passage, ", or if there be no such elected member, then a person nominated by that Executive Committee shall so act until members are elected as referred to in this paragraph"; and	the last word in paragraph (a) of
(g)	line one of subsection (4), the passage, ", whether comprised as provided in subsection (2) or as provided in subsection (2a) of this section,".

by inserting after the word, "Board" in

S. 6A

added. 7. The principal Act is amended by adding after

section six, the following section-

Deputy

member	6A. (1) A person nominated and appointed in accordance with the provisions of paragraph (b) of subsection (2) of section six of this Act
may be
appointed.

1964.] Government Employees [No. 86.

(Promotions Appeal Board).

may be appointed by the Governor as deputy to act in the office of the member of the Board appointed under that paragraph.

(2) Any person appointed a deputy under this section is entitled in the event of the absence from a sitting of the Board of the member for whom he is the deputy or in case the member is personally interested in an appeal or application to be heard at a sitting of the Board, to attend that sitting, and when so attending shall be deemed to be a member of the Board and is authorised to carry out any function which the member for whom he is the deputy, if present, could exercise or would be required to carry out under this Act. .

8. Section thirteen of the principal Act is S-?

amended

(a)	by substituting for the word, "recommend" in line five of paragraph (a) of subsection (2), the word, "approve";
(b)	by substituting for paragraph (b) of subsection (2), the following paragraph

(b) The amount of expenses approved by the Board under paragraph (a) of this subsection shall be paid as a part of the cost and expense of administering this Act. ;

(c)	by deleting paragraph (c) of subsection (2); and
(d)	by substituting for the word, "to" in line five of paragraph (d) of subsection (2), the word, "shall".

9. Section fourteen of the principal Act is isiaded.

amended—

(a)	by substituting for the passage, "wages." in the last line of paragraph (d) of the interpretation, "Seniority", the passage,
"wages; but";

No. 86.] Government Employees [1964.

(Promotions Appeal Board).

(b) by adding after paragraph (da) of the interpretation, "Seniority", the following paragraph-

(db) As between officers employed under the provisions of the Public Service Act, 1904—Seniority has the same meaning as it has in the regulations made under that Act and in force from time to time; ; and

(c) by adding after subsection (3), the following subsection

(3a) (a) In the interpretation of the term "Seniority" in subsection (3) of this section, the expression "rate of Salary", in relation to an employee, means the gross annual remuneration of that employee, less

(i)   the amount of any allowances, other than those for skill or responsibility, granted to the employee and included in that remuneration; and

(ii)   the amount of the applicable basic wage, or rate used for the purpose of determining the cost of living adjustment.

(b) For determining the seniority of employees for the purposes of subsection (2) of this section, the applicable date shall be that advertised as the closing date for receipt of applications for the vacancy or new office the subject of the appeal. .

S. 16

amended. 10. Section sixteen of the principal Act is amended by adding after subsection (2), the following subsection

(3) The Board when it decides any appeal

may in writing signed by the chairman approve

the payment to any witness subpoenaed by or

1964.] Government Employees [No. 86.

(Promotions Appeal Board).

on behalf of the employee appellant and attending on the hearing of the appeal, such expenses of that witness as the Board considers reasonable in respect of

(a)	time necessarily lost by the witness from his employment in attending on the hearing of the appeal; and
(b)	expenses incurred by the witness in travelling and for board and lodging where he necessarily attends on the hearing of the appeal at a city or town other than that where he is employed,

but if in the opinion of the Board the evidence of any witness was not necessary to the case of the employee appellant, the Board may order that the expenses of that witness be paid by the employee appellant. .

11. Section seventeen of the principal Act is =acted.

amended by deleting the passage, "under the Industrial Arbitration Act, 1912-1941," in lines two and three of subsection (5).

12. Section eighteen of the principal Act is amended.

amended by deleting the passage commencing with the words, "The Board", in line seven of subsection (1) down to the end of the subsection.

13.    Section three of the Government Employees 2e3pgiV of

(Promotions Appeal Board) Act Amendment Act, r19141	6& 5a
1960 (Act No. 58 of 1960), is repealed.