Government Printing Office (Employees' Appeal) Act of 1945 (10 Geo Vi No. 1) (Qld)

GIFT DUTY-GOVERNMENT PRINTING OFFICE. 89 10 GEO. VI. No. 1, 1945. Government Printing Office, Etc., Act. (ii.) For the purposes of this section the expression "rehabilitation and/or re-establishment in civil life" of the donee shall, without in anywise limiting the generality of such expression, mean the providing for or aiding in providing for a home for the occupation therein of the donee, the settling and/or aid of settling the donee on the land for agricultural, pastoral, or other like pursuits, or in and towards establishing and/or aiding the donee in commercial life or for the purposes of any profession, trade, or occupation." 3. The provisions of this Act shall be in force for Operation a period of five years from the date of the passing thereof, of Act. and no longer. GOVERNMENT PRINTING OFFICE. An Act to Make Provision for the Hearing and 10 ~ g: iI. Determination of Appeals by Employees of GOvii::MENT the Government Printing Office, and for P~ I: ~ ~ ~ G (EMPLOYEES' other incidental purposes. Ac~ P6: AU45. [ASSENTED TO 13TH DECEMBER, 1945.] 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 This Act may be cited as "The Government Short title. Printing Office (Employees' Appeal) Act of 1945." 2. In this Act unless the context otherwise indicates Interpre- the following terms have the meanings set against them tation. respectively, that is to say:- "Appeal Board or Board "-The Appeal BoardAppeal constituted under this Act· , BBooaarrdd. or "Department of the Public Service "-Any Department department or sub-department of the Public of th? PubliC' Servl. Ce or any 0 ther Crown corporatI'On or ServIce. Crown instrumentality or Minister repre- senting the Crown; " Minister "-The Treasurer or other Minister of Minister. the Crown for the time being administering this Act; " Officer "-The term also includes an employee; Officer. .( Under Secretary"-The Under Secretary, Under Treasury Department. Secretary.

90 GOVERNMENT PRINTING OFFICE. Government Printing Office, Etc., Act. 10 GEO. VI. No. 1, o A f p p p r l O i V c~ l8 t 1 ~ o o n n s 3 • The provisions of sections . thirty- • two, thirty- ofss. 32, 33, three and thirty-four of *" The Publw Sermce Acts, 1922 : d~ blf to 1924" (or any Act amending the same) shall, mutatis Se:vice A~ ts mutandis, extend and apply, as far as such provisions are inffi relation to applicable, in respect of offences committed by officers. o ences. and employees of the Government Printing Office: Provided that- (a) The term "Under Secretary, Treasury Department" shall be read instead of the term " Commissioner"; and (b) The term "Government Printer" shall be read instead of the term" permanent head." Appeal by 4. (1.) If a vacancy in a classified position or a ~ : C: : t new classified position created in the Government promotion of Printing Office is filled by the promotion (whether with other officer. or W • Ithout trans £ er) 0 f an 0 fficer 0 f t hat 0 ffice or another department of the Public Service or a person outside such Public Service, any officer employed in the Government Printing Office who considers himself more entitled to the 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 Sehedule. manner set forth in the Schedule to this Act for the purpose of such appeal. Provided that an appeal shall not lie- (a) In respect of a promotion made to the office of Government Printer; or (b) By an officer who, having attained the age of sixty-five years, has been continued in the service of the Government Printing Office; or (C) By an officer unless such officer has had at least twelve months continuous service in the Government Printing Office prior to the date of his notice of appeal. Ground of appeal. (2.) Such appeal may be made on the ground of superior efficiency or equal efficiency and seniority to the officer promoted. Schedule. (3.) The provisions of the Schedule to this Act shall apply and extend to appeals under this section. * 13 G. 5 No. 31 and amending Acts, v. 7, p. 1139 et seq.

GOVERNMENT PRINTING OFFICE. 91 1945. Government Printing Office, Etc., Act. 5. (1.) Any officer or employee of the Government Appeal by Printing Office who, on the ground of misconduct or ~ : ; ~ ~ y: unfitness, or neglect of or violation of or absence from a. ~a~ ~ d?-ty! or any other offence against discipline, has been ~ ~ ~ ~ ~ ary dismIssed from the employment of the Government Printing Office or disrated or fined or otherwise dealt with by or on behalf of the Minister or the Government Printer, may appeal to the Appeal Board referred to in the Schedule to this Act which shall be constituted for Schedule. the purpose of such appeal: Provided that an appeal shall not lie, unless the officf'!r or employee intending to appeal has had at least twelve months' continuous service in the Government Printing Office prior to the date of his notice of appeal. (2.) Such appeal may be made on the ground of Ground of innocence of the charge or excessive severity of the appeal. punishment. (3.) In the hearing of any appeal on the ground ofBoa.~dto the excessive severity of the punishment, the Board ~ = i~ : shall take into consideration the previous record of the record of appellant. a.ppellant. (4.) The provisions of the Schedule to this Act Schedule. shall apply and extend to appeals under this section. 6 The Schedule is as follows:- Schedule. THE SCHEDULE. Appeals. 1. No vacancy in any classified position in the Government Filling of Printing Office, the classification and increments in relation to which vaca.ncies. at any relevant time are governed by an award or industrial agreement, or no new classified officer, shall be filled, unless applications have been invited from employees of the Government Printing Office. In the event of the applicants being considered unsuitable for the position concerned, applications shall be invited by public advertisement from qualified persons outside the service of the Government Printing Office, and such advertisement shall contain particulars of the minimum and maximum salaries prescribed for the vacant or new position and the closing date for receipt of applica- tions. Each such vacant or new position shall be advertised at least three weeks prior to the closing date for receipt of applications. 2. (i.) For the purposes of appeals in accordance with the pro- C; : rxposi~ on visions of sections four and five of this Act, the Appeal Board shall ~ oa! : ra consist of three persons, namely :- . (a) A stipendiary magistrate, who shall be appointed in each case by the Minister ; (b) A Minister's representative appointed by the Minister; and

92 GOVERNMENT PRINTING OFFICE. Government Printing Office, Etc., Act. 10 GEO. VI. No. 1, Chairman. Board to hellol'and determine appeals. (c) A members' representative nominated in each case by the executive of the Union ofwhich the appellant is a member: Provided that if there is no such Union or if the Union fail to appoint a representative within fourteen days before the date of the hearing the Minister may appoint a person to be the members' representative. (ii.) The stipendiary magistrate appointed as aforesaid shall be the chairman of the Appeal Board. (iii.) The Appeal Board shall hear and determine the appeal. Secretary to (iv.) There shall be appointed by the Minister a secretary to the Board. Appeal Board. Board ~ o .act (v.) All powers of the Appeal Board may be exercised by It by maJonty. majority of the members thereof.. ~ DSUCcess- 3. As soon as practicable after an office in respect of the filling applicants, of which there is a right of appeal has been filled, the Government -;v-hen to be Printer shall inform every unsuccessful applicant accordingly, giving infonned of the name of the person appointed to the office, date of appointment, res~ t o{ and particulars as to the seniority of the successful applicant as ; J' lc~ sffi~ compared with such unsuccessful applicant. office. Fonn of notice of appeal. 4. Notice of appeal shall be in the form following:- Notice of appeal. NOTICE OF APPEAL. I, an officer of the Government Printing Office. 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 of of which the classification is and am in rec~ ipt of a salary of , at minimum, and per annum. , maximum. I am a member of (here insert name of Union) Union. Dated at this day of 19 Appellant. 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- dation 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 Under Secretary and to the Government Printer and dealt with. shall take the necessary action to cause the Appeal Board to be Board to be constituted to hear and determine the appeal. constituted. Fixation of 7. The chairman of the Appeal Board shall, as early as practicable 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 entertain any matter of appeal which, in the Board's opinion, is based on trivial or frivolous grounds.

GOVERNMENT PRINTING OFFICE. 93 1945. Government Printing Office, Etc., Act. 8. The secretary to the Appeal Board shall give the Under Notice of Secretary and the Government Printer, the appellant, and the Union hearing- not less than seven clear days' notice of the date when the appeal Fo: ~ off will be heard. The notice of hearing shall be in the form following :- ~ ~ a~ : ; . NOTICE OF HEARING OF APPEAL. Notice of Appeal against the decision of the (here insert by whom decision made) hearing of whereby (here ins~ rt subject-matter of decision): a.ppeal. 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. 9. The Under Secretary shall, not less than fourteen days before Minister to the date of hearing, inform the secretary to the Appeal Board of the notif:y name and address of the person appointed by the Minister as the appomt- Mim. s t er ' s representatI . ve on t he Board. mreepnretsoefnta- tive. 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 appom}- days before the date of hearing. If the members' representative is an : ~ : ~ nta­ officer of the Government Printing Office, he shall be granted leave of tive. absence on full pay to enable him to act as such members' representa- tive. 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 Procedure. 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 Under Secretary, respectively, shall Appellants ~ upply the secretary to the Appeal Board with a list of all persons and Under to be subpammd by the chairman of the Board, to give evidence on ~ ecreta7 behalf of the Minister or, as the case may be, the Government Printer n~ = ! sPor and the appellant, respectively, relevant to the appeal. 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 ~ ltnesses, the appearance of officers required to act as agents for appellants. c. 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 a. vall~ ble for the Under Secretary may withhold from the Appeal Board and the appe ant. appellant any papers, minutes, or correspondence, if for any reasons of public policy, of which the Under Secretary shall be the judge, it is considered undesirable to produce them. 16. All evidence shall be taken in the presence of the appellant, Evidence ~ o tbhuet a i p f ptehae I aopnpseulclahnetVfI'adielntcoe aasppI.Seaavr atIh. ] aebAlep. peal Board may deal with apbpreeptseaelknlaecnent_ 0 m f

94 GOVERNMENT PRINTING OFFICE. Government Printing Office, Etc., Act. 10 GEO. VI. No. 1, Record of 17. The secretary to the Appeal Board shall convene all meetings proceedings. of the Board, and keep. all records of proceedings and decisions in such manner as may be directed. Representa. 18. In any proceedings before the Appeal Board the Minister tion. or, as the case may be, the Government Printer and the appellant may respectively be represented by his counsel, solicitor, or agent duly appointed in writing in that behalf, who may examine witnesses and address the Board. Duty of Board. 19. (i.) The Appeal Board shall investigate in open court every appeal and transmit the evidence taken together with their decision thereon to the Under Secretary. (ii.) The Board shall make their inquiry without regard to legal forms 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. (ill.) The Board may, by their decision, recommend to the Minister that the promotion, decision or recommendation appealed against be confirmed, set aside or varied in any specified manner. (iv.) 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 ha.ve all the powers, authorities, and protection under such Acts. Duty of the 20. The Under Secretary shall transmit such decision and SUencdreetrary. Meviindiesntecre ftoorgestuhbemr iwssiitohnhtios rtehpeoGrtoavnedrnroerco in mCmoeunndcaitl.ion thereon to the Powers of Governor in Council. 21. Upon consideration of the matter the Governor in Council 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 Under Secretary or Government Printer has imposed any such punishment or not, or whether the Board or Under Secretary 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 : Provided that the final decision shall in all cases rest with the Governor in Council. * 1 G. 5 No. 26 and amending Acts, v. 3, p. 439 et seq.

1945. GOVERNMENT PRINTING OFFICE. Government Printing Office, Etc., Act. 95 22. The Under Secretary shall notify the appellant ofthe decision Decision to of the Governor in Council. be notified to appellant. 23. Notwithstanding anything contained in any other Act, no No appeal appeal from a decision, either of the Appeal Board or of the Governor from Appeal in Council, with respect to any employee of the Government Printing ~oard or . Office shall lie or be permitted to the Industrial Court constituted Co::ciicr In under *" The Industrial Oonciliation and Arbitration Ads, 1932 to . 1945," or to any other court or tribunal whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. 24. Any witness, not being an officer of the Government Printing Allowance to Office, summoned on behalf of the TreasUrer or Government Printer witnesses. to give evidence before the Board, shall be paid an allowance by the Amonn~ of Department of the Public Service in which the appellant is employed, expenses. upon the certificate of the chairman 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 Minister shall not Ministe~ not be responsible for travelling or other expenses of witnesses subprenred r,sponslble by the appellant. o~ r expenses appellant's witnesses. (2.) In the case of an appeal against promotion, the Minister 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 such ~ ~ es witnesses was, in the opinion of the chairman, necessary and material. payable by the Minister. (3.) The Minister 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 offen_ found to be not proved, and the evidence of such witnesses was, in : , . ~ : aes the opinion of the chairman, necessary and material. payable by the Minister. 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~ tted to shall give his certificate as to attendance, and determine the amount chairman. 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. • 23 G. 5 No. 36 and amending Acts, v. 4, p. 1020 et 8e'1'

96 GOVERNMENT PRINTING OFFICE. Government Printing Office, Etc., Act. 10 GEO. VI. No. 1, 1945. Expenses of 28. All expenses whatsoever payable by the Minister in connection Bwohaormd, pbayid. twhiethmaepmpbeaelrss hoef atrhde bByoathrde, Asepcpreeatal rBy, oarerdp, oritnecrlsu, dainngd tohteheersx,pesnhsaells boef defrayed by the Treasury Department. The chairman of the Board shall certify to the vouchers for expenses, and shall be responsible for the correctness. Seniority. 29. For the purposes of section four 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 maximum 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 maximum 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 Government Printing Office shall be senior; and (d) If thereupon neither officer is found to be senior to the other the Under Secretary shall determine upon such basis as he considers equitable which officer is senior. Efficiency. (ii.) The term" efficiency" shall mean special qualifications and aptitude which in the opinion of the Treasurer or the Government Printer, 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 Government Printing Office 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, the Government Printing Office.