Government Railways (Amendment) Act 1916 (NSW)

(GOVERNMENT RAILWAYS

(AMENDMENT) ACT.

Act No. 09, 1916.

An Act to make further provision for the construc- tion and management of Government Rail- ways and Tramways ; to provide for a Chief Railway Commissioner and certain Assistant Railway Commissioners and their deputies, and for defining their powers and duties ; for the closing of level-crossings ; to repeal the Tramways (Carriage of Goods) Act, 1911 ; to amend the Government Railways Act, 1912, the Public Works Act, 1912, and other Acts ; and for purposes consequent thereon or inci- dental thereto. [Assented to, 11th December, 1910.]

It shall he read with the Government Railways Act, 1912, hereinafter referred to as the Principal Act. (2)

BE it enacted l>y the Kind's Most Excellent Majesty, ]>y and with t he advice and consent of the Legis -	lat ive Council and Legislative Assembly of X c w South
Wales in Parliament assembled, and by the au thor i ty of the same, as follows: —

1 . (1) This Act may he cited as the " Government :

Railways (Amendment) Act, 1916".

(2) This Act shall commence and come into force
on a date to be notified by the Governor in the Gazette :
Provided that any appointment under this Act may
be made at anyt ime after its passing, to have effect on its

commencement, or on a such later date as the Governor

may, in such appointment, prescribe.

2. The Tramways (Carriage of Goods) Act, 1911, is repealed.

3 . (1) In section three of the Principal Act, omit paragraphs (a), (b), and (c), and insert—

(a) "The Chief Commissioner" means the Chief Railway Commissioner for New South Wales appointed under this Act.

(1)) "Assistant Commissioner" means Assistant Railway Commissioner for New South Wales appointed under this Act.

(2) In paragraph (d) of the same section omit the words "o r deemed to be appointed ".
4 . In the Principal Act, except in Part I X and except where otherwise in this Act provided, " t h e Com- missioners" shall be read instead of the words " t h e Chief Commissioner"; and all words in the singular number, where referring to the Chief Commissioner, shall be read in the plural.

5. In section four of the same Act omit "Chief Commissioner for Railways and Tramways " insert " Railway Commissioners for New South Wales ".

6. (1) The first paragraph of subsection one of section five of the same Act is omitted and the following substituted for i t :—

The Governor shall from time to time appoint a and three Assistant Railway Commissioners for New Chief Railway Commissioner for New South Wales	South Wales. The Governor may, on the recom­
mendation of the Chief Commissioner, allot the duties of the Assistant Commissioners respectively, and may, on the recommendation of the Chief Commissioner, vary any such allotment of duties.

(2) The following new paragraph is inserted next after subsection three of the same section :—

(3A) The Governor may appoint as deputy of the Chief Commissioner any Assistant Commissioner who shall, during the illness, suspension, or ab- sence of the Chief Commissioner, exercise his powers

and perform his duties. (3)

(3) I n t he first pa ragraph of subsection four of the

same	section omit " a n y C o m m i s s i o n e r " inser t " a n y
Ass is tan t	Commissioner ".

(4) Omi t the second pa ragraph of t h e same sub- sect ion and inser t the following :—

W h e r e a n Ass i s tan t Commissioner is appointed in

pur suance of this section to act as deputy of the Chief Commissioner t he Governor m a y appoin t a person to be depu ty of such Assis tant Commissioner while

so ac t ing .

7.   (1) Omi t section six of t he same Act and insert 0. I n any Act , and in any regula t ions or by- laws, and in any ins t rument , references to t he Commis- sioners as defined by the repealed Ac t No. 6, 1901 , or to the Chief Commissioner for Rai lways and Tramways , shall be read as references to the Commis-

the	fo l lowing :—
sioners appointed u n d e r th is Ac t .
A n y action or proceeding and any cause of action or proceeding pend ing or exis t ing at the t ime of the commencemen t of the Governmen t Rai lways ( A m e n d m e n t ) Act , 1916, by or against t he Chief Commissioner for Rai lways and Tramways m a y be cont inued by or against the Commissioners appoin ted unde r this Act .

(2) I n subsection one of section seven of the same

A c t omit " the Chief Commissioner ," insert " A n y

Commissioner " .

(3) O m i t subsection two of the same section.

8 .     Section n ine of t he same Ac t is repealed.

9. Section ten of t he same A c t is repealed, and the

following sections are inserted in its place :—

10. The q u o r u m at any mee t ing of t he Commis­

sioners shall be as fixed from t ime to t ime by the
Governor.

N o proceeding of t he Commissioners shall be invalid or illegal in consequence only of t he fact t h a t there was, a t the t ime of such proceeding, a vacancy in t he n u m b e r of the Commissioners.

10A . The Chief Commissioner, or in his absence
his deputy , shall convene a mee t ing of the Com-

missioners at least once a m o n t h . A n y mat ter

F connected

connected wi th t h e rai lways m a y be submi t t ed by a Commissioner a t a meeting-of t h e Commissioners for

the i r considerat ion.

10B. The Chief Commissioner shal l preside as cha i rman a t any mee t ing of the Commissioners, and in his absence his depu ty shall so preside. If t he Chief Commissioner and his depu ty are b o t h absent , t h e Commissioner who is senior in appoint- m e n t or in case of equa l i ty of seniori ty t he Com- missioner chosen by those present shall so preside.

The Commissioner pres id ing a t any such m e e t i n g

shall , in t he event of a n equal division of votes a t
such mee t ing , have a second or cas t ing vote.

10c. (1) If t h e Chief Commissioner disapproves of t h e decision of the o ther Commissioners w i th respect to any m a t t e r before the Commissioners for the i r decision and de te rmina t ion (whether the Chief Commissioner was or was no t present w h e n such decision was given) , such m a t t e r shal l be deferred for not less t h a n twen ty - four hour s after t h e decision, or if t he Chief Commissioner was not p resen t when the decision was given, for no t less t h a n twenty- four hour s after it has been b r o u g h t

to his knowledge by c o m m u n i c a t i o n in wr i t i ng

or by electric te legraph, w h e n i t shall aga in be

b r o u g h t forward before t he Commiss ioners ; and it t h e Chief Commissioner aga in disapproves of t he decision of the o the r Commissioners , t h e m a t t e r shall be de te rmined according to t he del iberate j u d g m e n t of t he Chief Commissioner , i r respect ive of t he decision of t he o the r Commissioners .

I n such case the Chief Commissioner shall en te r or cause to be entered upon the minu tes of t h e proceedings of the Commissioners his reasons a t l eng th for de t e rmin ing such m a t t e r in opposition to t h e decision of t he o ther Commissioners , and shal l forward to the Minis ter a copy of such m i n u t e , certified unde r his hand .
The o ther Commissioners, or any of t h e m ,	m a y

also en te r upon such minu te s the i r reasons in suppor t of the decision of such Commissioners and aga ins t t he disapproval of the Chief Commissioner and m a y forward to t he Minis te r a copy of such

m i n u t e , certified under their hands . (2)

(2) I n the event of t h e Chief Commissioner be ing absent from his office on leave of absence or absen t from the Commonweal th of Aust ra l ia , the above provisions of this section shall app ly in respect of t he depu ty of the Chief Commissioner appointed as hereinbefore in this A c t provided : and in t ha t case t he words " d e p u t y of the Chief Commissioner " shall in subsection one of th is section be read for t he words " Chief Commissioner ".

10. The following section is inserted nex t after

section four teen of the Pr inc ipa l A c t : —

14A. I n the following cases, name ly—

(a)	where P a r l i a m e n t makes any a l tera t ion in t he law which occasions a n y increase of expend i tu re by the Commissioners or any decrease of t h e revenue derived from rai lways and t r amways ; or
(b) where Pa r l i amen t or the Governor	directs

the Commissioners to carry out any system or m a t t e r of policy which occasions or resul ts in any increase of expend i tu re by the Commissioners or any decrease of the

revenue of the rai lways and t r a m w a y s —

the annua l a m o u n t of t he increase of expendi tu re or decrease of revenue shal l from t ime to t ime be notified in w r i t i n g by the Commissioners to t he Audi to r -Genera l , and if certified by h im shall be placed to the; credit of the account of t he Commis- sioners in the Treasury .

11. The following sections are inser ted n e x t after

section fifteen of t he Pr inc ipa l A c t : —

15A. ( 1 ) The Commissioners may , wi th t he

approval of the Governor , close any level-crossing

over t h e rai lways.

The Commissioners shall send any appl icat ion for such approval t o t h e M i n i s t e r , and shall g ive th ree calender m o n t h s notice thereof to the council of the munic ipa l i ty or shire wi th in which the level-crossing is s i tua te . The Min i s te r shall hear any objections which any person represen t ing such counci l m a y m a k e to t he g r a n t i n g of the applicat ion, and m a y , in his discretion, submi t t h e appl icat ion to t he

Governor or refuse to do so. I t

I t m a y be m a d e a condit ion of such approval t h a t t h e Commissioners cons t ruc t in subs t i tu t ion for t h e level-crossing and open for publ ic traffic any br idge , subway, or o ther work specified by t h e Governor .

(2) On and after t he publ ica t ion in t h e Gazet te of a notification by the Commissioners t h a t such level-crossing is closed u n d e r t he au tho r i t y of th i s section, all r ights-of-way on and over such

crossing shal l be ex t inguished .

(3) Where a bridge, subway, or o the r work

is cons t ruc ted in subs t i tu t ion for a level-crossing, so

m u c h thereof as is no t w i th in t h e lines of t he

b o u n d a r y fences	of	t he	ra i lway	shal l	be	a	pub l i c
thoroughfare .

15B . (1) The Commissioners may , upon notifica­
t ion in t he Gazet te of in ten t ion so to do, use a n y

t r a m w a y s vested in t h e m or unde r the i r control for

t h e purpose of ca r ry ing goods or other m a t e r i a l :

Provided t h a t such t r a m w a y s shal l no t be so

used	in	George-s t reet	be tween	t h e	Ci rcular Q u a y
and	Rawson-p lace ,	nor	in	P i t t - s t r ee t be tween	t h e

Circular Q u a y a n d Hay-s t r ee t , nor in Cast lereagh-

s t reet be tween t h e Circular Q u a y and Hay-s t r ee t , Sydney , except for the carr iage of mater ia ls to be used for repairs to and renewals of t h e t r amways .

(2) The Commissioners m a y m a k e by-laws r egu la t i ng and de t e rmin ing the condit ions u p o n which they will unde r t ake such carr iage, and in pa r t i cu la r t he classes of goods which may be so carried. Subject to such by-laws, t h e provisions of

th i s Ac t re la t ing to t he carr iage of goods on t h e

ra i lways shal l , m u t a t i s m u t a n d i s , apply to t he

carr iage of goods on t r a m w a y s u n d e r th is section.

(3) Separa te accoun ts shal l be k e p t of al l

goods t h e proper ty of t h e Crown carr ied on t h e

t r amways , and shall be publ ished wi th t he qua r t e r ly

repor t of t he Commissioners .

( 4 ) Such accounts shal l set ou t t h e q u a n t i t y

or we igh t of goods carried, a n d t h e charges for

and cost of ca r ry ing such goods. This subsect ion shall not apply to goods t h e p rope r ty of t h e Com­ missioners , and purchased from pr ivate owners .

1. The following short head ing and new sections

are	inser ted	n e x t af ter section t w e n t y of	t he	Pr inc ipa l
A c t	:—

(i) a—Construction of railways and tramways.

20A . I n connect ion with any proposal for t he const ruct ion of any l ine of ra i lway or t r a m w a y or of any extension thereof, t he Commissioners shall , at t he request in wr i t ing of t he Secretary for Pub l ic W o r k s , cause to be carried out such exploratory or survey work, and supply such plans, s ta te­ men t s , reports , and other informat ion as t he said Secretary m a y require , and shall also furnish any informat ion which the said Secretary may requi re in regard to a n y proposed deviat ion of an exis t ing l ine of ra i lway, t h e cost of which is es t imated to exceed twen ty thousand pounds .

20B . (1) The const ruct ion and completion of any

l ine of ra i lway or t r a m w a y authorised by Par l ia­

m e n t before or after t h e c o m m e n c e m e n t of the

Gove rnmen t Rai lways ( A m e n d m e n t ) Act , 1916,

and whe the r the cons t ruc t ion of such l ine w ras com­ menced before or after such commencemen t , shall he carried out by t he Commissioners, and the Com­ missioners shall be, n o t w i t h s t a n d i n g the provisions of any Act , for tha t purpose, t h e Cons t ruc t ing A u t h o r i t y wi th in t he mean ing of t h e Pub l i c W o r k s

Act , 1912.

All moneys appropr ia ted for the construct ion of
such l ine by any Ac t passed before or after such

commencemen t and available for t h a t purpose shal l

be expended by the Commissioners : 

Provided t h a t in app ly ing the P u b l i c W o r k s Ac t ,

1912, to t he cons t ruc t ion by the Commissioners of any rai lway or t r amway , the following a m e n d m e n t s are made in t h e said A c t :—

(a) The following section is inserted next after section four of t he said A c t : —

4A . The provisions of this A c t r e l a t ing t o

t h e acquisi t ion of land shal l also apply to t h e acquisi t ion of a n easement or r i g h t to use t h e subsoil or under-surface of land, w h e t h e r such easement or r i gh t is acqui red separa te ly

from or toge ther wi th any land. (b)

(b)	Section thirty-seven is amended by the omis- sion cf t he words " such au tho r i t y " and sub- s t i tu t ing therefor t he words " t h e M i n i s t e r " .
(c)	Section one h u n d r e d and th i r ty -e igh t is amended by add ing there to t he following :—

" Provided t h a t where an easement benea th t h e surface or a r i gh t of using the subsoil or under-surface of any land is t aken , such easement or r igh t shal l not be deemed p a r t of a house, or o the r bu i ld ing , or manufac ­ t o r y " .

(2) Al l officers a n d employees of t h e Depar t ­

m e n t of Pub l i c W o r k s employed in connect ion wi th

t h e survey a n d const ruct ion of rai lway or t r amw a y l ines on t h e day of t he commencemen t of t h e

Governmen t Railways ( A m e n d m e n t ) Ac t , 1916,

and such officers of a n y o ther D e p a r t m e n t s as

t h e Governor shall de te rmine , shall be t ransferred to t he emp loymen t of the Commissioners, and shall as from t h e da te of such t ransfer become officers and employees of t h e Commiss ioner s : Provided

t h a t t he Governor m a y in special cases re ta in a n y

of such f i rs t -mentioned officers	in t h e said Depar t ­
m e n t of Pub l i c	Works.

(3) A n y officer or employee so t ransfer red

shal l have t h e same r igh t s u n d e r the Pub l i c Service

Act , 1902, and any Acts a m e n d i n g t h e same, a n d the regula t ions the reunder , to deferred and ex­ tended leave a n d to con t r ibu te to t he supe rannua t ion account , and to be paid a supe rannua t ion al lowance, or a refund of cont r ibu t ions and in teres t the reon and a g ra tu i ty , as if he were a n officer or employee

of t h e Pub l i c Serv ice ; and for those purposes his

service as an officer of t h e Commissioners shall

c o u n t as service in the P u b l i c Service :

Provided t h a t t he supe rannua t ion provisions of

th i s Ac t shall app ly to any t ransfer red officer	or
employee who is no t a con t r ibu tor to t h e	Civil

Service Supe rannua t i on Accoun t .

(4) If any ques t ion should arise as to

w h e t h e r a n y power, du ty , a u t h o r i t y , or l iabil i ty, or

as to w h e t h e r t he u n e x p e n d e d por t ion of any money

appropr ia ted by P a r l i a m e n t for t he cons t ruc t ion of

ra i lways

rai lways or t r a m w a y s is or is no t by th is A c t to be

t ransfer red from the D e p a r t m e n t of P u b l i c W o r k s to t h e Commissioners, or as to the office accom- modat ion provided for or required by t h e Commis- missioners for t he purposes of th i s Ac t , or as to t h e t ransfer of any officer or employee, such ques t ion m a y be finally and conclusively de te rmined by t h e

Governor in such m a n n e r as he m a y t h i n k fit.

13. Subsection one of section thir ty-four of the Pub l i c W o r k s Ac t , 1912, is amended by omi t t i ng " except such works as t he Chief Commissioner is au thor ised to car ry out p u r s u a n t to t he G o v e r n m e n t

Ra i lways Act , 1912, or any A c t a m e n d i n g or con-

sol idat ing t h e s a m e " , and inser t ing the words " e x c e p t such works as t h e Rai lway Commissioners are, by section th i r ty- four of t he Gove rnmen t Rai lways Ac t , 1912, author ised to carry out " .

1. The Pr inc ipa l Ac t is amended as follows :—

(a)	In section fifty-two insert before " tramways " t h e words " ra i lways or " .
(b) I n section	fifty-three—

(i) in pa rag raph	(a) inser t before " t r a m
way " t h e words " ra i lway o r " ;	and

(ii) in pa rag raph (b) insert before " t r a m

ways " t he words " rai lways or " .

(c) I n section fifty-seven, in the definition of

" works " , inser t before " t r a m w a y s "	the words
" rai lways or " .

15. Section fifty-four of the Pr inc ipa l Act is

repealed, and the following is inser ted in i ts place :—-

54. E v e r y person who wilfully cu ts or otherwise

severs any wire or cable, or so interferes wi th any p a r t of t he work connected wi th any such system of electric t rac t ion as to break the electric c i rcui t or to cause short circui t , leakage, or loss of c u r r e n t

or in te r rupt ion to the supply of cu r r en t , shall be

deemed gui l ty of a misdemeanour .

1. Subsection two of section seventy- two of the

Pr inc ipa l Ac t is amended by inser t ing after " day

l aboure r s" t he words " o r employed otherwise t h a n as

pe rmanen t officers in connect ion wi th ra i lway	refresh­
ment rooms or d in ing cars " .

17 . Section e igh ty of t he same A c t is amended by

omi t t ing t h e words " in famous offence " and inse r t ing t h e words " is sentenced to impr i sonmen t for any t e r m of or exceeding six m o n t h s " .

18. Section eighty-five of t h e Pr inc ipa l A c t is

a mended as follows :—

(a) Omi t " t h e Chief Commissioner a n d e i ther one

of t h e Ass is tant Commissioners " inser t	" A n y
two of t h e Commissioners " .

(b) Af ter " C h i e f Commissioner " where secondly

occur r ing inser t " or in his absence t h e	d e p u t y
of t he Chief Commissioner ".

19. The following section is inser ted n e x t after

section one hund red of the same A c t : —

100A . E v e r y officer shall be ent i t led to a t least

one week 's leave on full pay in respect of each twelve m o n t h s of ac tua l service, in addi t ion to bank and publ ic hol idays observed t h r o u g h o u t t he State ; and every officer who has completed t w e n t y years of service shall be ent i t led to a t least one m o n t h ' s ex tended leave on full pay :

Provided t h a t any officer who canno t t ake his leave on any such bank or pub l i c holidays by reason t h a t he has been requ i red to work on such days shall be ent i t led in l ieu thereof to leave on full pay

for t h e same n u m b e r of days a t some fu ture t i m e .

20. P a r a g r a p h (b) of section one h u n d r e d and n ine

of t h e same A c t is amended by t h e addi t ion a t t h e end

thereof of t he following words : — " A n d includes a n officer, clerk, servant , or o ther person employed t em­ porar i ly for a cont inuous period of six m o n t h s or a	non-cont inuous period of th ree years , whe the r such
e m p l o y m e n t w ras before or after t h e c o m m e n c e m e n t of
th i s Ac t , b u t shall no t inc lude persons so employed temporar i ly as w o r k m e n on ra i lway cons t ruc t ion , devi­
at ion, or dupl icat ion works, or in ra i lway re f reshment
rooms or d in ing cars " .

21. Sect ion one h u n d r e d and fourteen of t he same

A c t is amended by t h e addi t ion a t t h e end thereof of t h e following words : — " Where an officer is g ran ted leave w i t h o u t pay on accoun t of illness, and ret i res t h r o u g h infirmity caused by such illness, any super­ annua t ion a l lowance to which he m a y be ent i t led shal l

be payable as from t h e date of the c o m m e n c e m e n t of

such l e a v e " . 22.

1. The fol lowing new section is inser ted n e x t after

section 100A of the same Ac t :—

100B. W h e r e any officer has been injured in t h e pe r fo rmance of his dut ies he shall , unless and unt i l he is re t i red or retires from the ra i lway service, be paid t he salary he was receiving a t t h e da te of t h e in jury , excep t where the in jury was caused by his gross negl igence or wilful and wrongfu l act " .

1. The fol lowing is added a t the end of section one

hund red and th i r t een of t he Pr inc ipa l A c t : —

(d) who is under sixty years of age, but above such age as m a y be prescr ibed by regula t ion , and who, owing to failure in t he vision or hear ing test , cannot be employed a t his t h e n r a t e of pay or a t no t less t han five-sixths of t he same, and who elects to re t i re .

1. The Second Schedule to t he Pr inc ipa l A c t is

amended by adding there to the following :—

(3) The persons who, a t t he da te of the passing were t rus tees of t he Savings Bank of N e w South
Wales . of t he Savings Banks A m a l g a m a t i o n Act, 1914,

G O V E R N M E N T