Government Railways Amendment By-laws 1995 (WA)

23 February 1996]	GOVERNMENT GAZETTE, WA	679
RB301

GOVERNMENT RAILWAYS ACT 1904

GOVERNMENT RAILWAYS AMENDMENT BY-LAWS 1995

Made by The Western Australian Government Railways Commission under section 23 of the Act and approved by the Lieutenant-Governor and deputy of the Governor in Executive Council.

Citation

1.     These by-laws may be cited as the Government Railways Amendment

By-laws 1995.

Principal by-law

2.     In these by-laws by-law 54 of the Government Railways By-laws* is

referred to as the principal by-law.

[* Published in Gazette of 5 December 1994 at p. 6393.	For amendments to 22 November 1995 see 1994 Index to
Legislation of Western Australia, Table 4, p. 112.]

By-law 54 amended

3.     The principal by-law is amended —

(a) in sub-bylaw (1), by deleting "employed" and substituting the

following —

ff.

CC

working on or about Government railways

(b) in sub-bylaw (2), by deleting "a Government railway employee,

that employee" and substituting the following —

4i

a person working on or about Government railways,
that person PP;

in sub-bylaw (3), by deleting "employee" and substituting the

(c) following —

person working on or about Government railways	ff
are to perform; or

and

(d) by repealing sub-bylaw (4) and substituting the following

sub-bylaws

(4) The Commission may —

(a) establish procedures for training persons, other than employees of the Commission,

so that persons who complete the training may be accredited by the Commission to work on or about Government railways;

establish different levels of training and

(b) accreditation in relation to the

performance of different duties;

prohibit persons other than employees of

(c) the Commission from working on or about

Government railways unless —

(i) those persons are accredited at the level appropriate to the duties they

680 GOVERNMENT GAZETTE, WA [23 February 1996

(ii) the Commission has, in writing,	specified that the duties those
persons are to perform do not require accreditation; and

(d) cancel or suspend for any period the	Commission consiàers appropriate, the
accreditation of any person.

(5) Penalties for non-compliance with the rules set out in the Schedule to this by-law are one or more of the disciplinary actions set out in rule 3 of that Schedule.

Schedule amended

4. (1) Rule 1 of the Schedule to the principal by-law is amended -

(a) by inserting in the appropriate alphabetical positions the

following definitions -

it

Accredited Person Any person who has been accredited in accordance with the procedures established under by-law 54 (4) whose accreditation has not been cancelled or suspended.

Commission Employee Any person employed by the Commission under a contract of employment.

and

by deleting the definition of "Employee" and substituting the

(b) following definition -

it

Employee A Commission Employee or an Accredited Person who is working on or about Government railways.

(2) Rule 3 of the Schedule to the principal by-law is amended -

(a) by deleting subrule (1) and substituting the following subrules -

99

at any time - (1) Subject to subrule (6), the Commission may

(a) dismiss a Commission Employee without

notice; or

(b) suspend a CommissionEm;loyee from

Commission Employee without notice; or duty and, after inquil)' dismiss that

(c)	suspend a Commission Employee from duty as a disciplinary measure; or
(d)	reduce a Commission Employee to a lower grade; or
(e)	payment of transfer expenses; or

transfer a Commission Employee without

(f) fine a Commission Employee an amount

not exceeding $20.00; or

23 February 19961 GOVERNMENT GAZETTE, WA 681

suspend the accreditation of an

(g) Accredited Person pending a Commission

inquiry; or

(h)	suspend the accreditation of an Accredited Person for any period that the
Commission considers appropriate as a disciplinary measure; or

(i)      cancel the accreditation of an Accredited

Person.

as aplicabk to a Commission Employee or an (la) Any of the actions referred to in subrule (1),

Accredited Person, may be taken by the Commission if the employee concerned -

(a) is under the influence of intoxicants or

drugs that might impair the proper

performance of the employee's duties; or

(b) disobeys any lawful order given to the

employee or fails to comply with these

rules; or

(c) is guilty of misconduct or is negligent in

the performance of the employee's duties;

or

(d)	is absent from duty without leave; or
(e)	is convicted of an offence.

(b) in subrule (2), by deleting "an employee" and substituting the following -

a Commission Employee

(c) following - in subrule (3), by deleting "employee" and substituting the

Commission Employee

(d) in subrule (4), by deleting "an employee" and substituting the following

a Commission Employee ";

(e)	by inserting after subrule (4) the following su.brules -
" has been suspended or cancelled may appeal to the (4a) An Accredited Person whose accreditation

Commission in the manner approved by the Commission, and the Commission must then reconsider whether the suspension or cancellation is appropriate.

resolved to the satisfaction of both parties within 28 (4b) If an appeal under subrule (4a) is not

days after the appeal is made, either party may appoint an independent arbitrator, who is acceptable to both parties, to resolve the appeal.

to be appointed, either party may request the the (4c) If the parties cannot agree on the arbitrator

president of the Law Society of Western Australia to select an arbitrator and the arbitrator so selected is to be regarded as being acceptable to both parties.

On an appeal under subrule (4a) both costs of any arbitrator appointed under subrule (4b).

parties must bear their own costs and one half of the (4d)

682 GOVERNMENT GAZETTE, WA (23 February 1996

(0 in subrule (5) -

(i)     by deleting "an employee's" and substituting the

following -

94

.a Commission Employee's

(ii)     by inserting after "card," the following -

94

or an Accredited Person's accreditation record

and

(iii)	in paragraph (b) by inserting after "hearing" the	following -
"

or an appeal to the Commission under

subrule (4a)

and

(g) by inserting after subrule (5) the following subrule -

"

award of The Western Australian Industrial Relations Commission Employee, it is subject to any relevant (6) To the extent that this rule applies to a Commission or any relevant industrial agreement that may be in force.

(3) Rule 4 (1) of the Schedule to the principal by-law is amended by	inserting before "employee" the following -
94

Commission ".

deleting "proceding" and substituting the following -	(4)	Rule 59 (1) of the Schedule to the principal by-law is amended by
14

proceeding ".

by-law is amended by deleting "DIVISON" and substituting the following -	(5)	The heading to Division 7 of Part 1 of the Schedule to the principal
49

DIVISION

(6) Rule 75 (4) of the Schedule to the principal by-law is amended by

deleting "necesary" and substituting the following -

99

necessary ".

amended by deleting "inadvertance" and substituting the following - (7) Rule 157 (1) (c) (iv) of the Schedule to the principal by-law is

inadvertence

deleting "despatch" and substituting the following -	(8)	Rule 173 (dd) of the Schedule to the principal by-law is amended by
14

dispatch ".

deleting "muthple" and substituting the following -	(9)	Rule 181 of the Schedule to the principal by-law is amended by
44

multiple

deleting "qualfied" and substituting the following -	(10)	Rule 187 (2) of the Schedule to the principal by-law is amended by
14

qualified ".

23 February 1996] GOVERNMENT GAZETTE, WA 683

The Common Seal of WesternAustralian Government Railways Commission was hereunto affixed in the presence of—

R. DRABBLE, Commissioner.

S. RUSSELL, Secretary.

Approved by the Lieutenant-Governor and deputy of the Governor in Executive Council,

J. PRITCHARD, Clerk of the Council.