Government Railways and Transport (Amendment) Act 1957 (NSW)

GOVERNMENT RAILWAYS AND TRANSPORT

(AMENDMENT) ACT.

Act No. 60, 1957.

An Act to make further provisions in respect of promotions of, and appeals by, officers of the Departments of Railways, Govern­ ment Transport and Motor Transport; for this and other purposes to amend the Government Railways Act, 1912, the Trans­ port Act, 1930, and certain other Acts; to validate certain matters; and for purposes connected therewith. [Assented to, 9th December, 1957.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, b y and with the advice and consent of the Legis­
Wales in Par l iament assembled, and by the author i ty of the same, as follows:—

1. (1) This Act may be cited as the " G o v e r n m e n t

Rai lways and T r a n s p o r t (Amendment ) Act, 1957" .

(2 ) The Government Rai lways Act , 1912, as

amended by subsequent Acts and by this Act, may be

(b) by omit t ing subsection two of section seven.

cited as the Government Rai lways Act, 19-12-1957.

(3) The T r a n s p o r t Act, 1930, as amended by

subsequent Acts and by this Act, may be cited as the

T r a n s p o r t Act, 1930-1957.

(4) The At tachment of W a g e s Limi ta t ion Act, 1957,

is amended—

(a) by omit t ing subsection two of section s ix;

2. The Government Rai lways Act, 1912, as amended

by subsequent Acts , is amended—

(a) by inserting at the end of section seventy-six the following new subsect ion:—

(4) This section shall not apply to promot ions to vacant offices to which section 76B of this Act applies .

(b) by inserting next after section 76A the following new section:—

76B. (1) This section shall app ly only where any vacancy occurs in any b ranch of the ra i lway service not open for competi t ive examinat ion as here inaf ter provided and the max imum sa la ry for the vacant office a t the date of the filling of such vacancy exceeds the max imum sa la ry then applicable to a special class clerk.

(2) W h e r e any vacancy to which this section applies occurs in any b ranch of the rai l ­ way service i t shall be filled by the appoin tment to the vacant office of an officer in the branch in which the vacancy occurs, r e g a r d being h a d to the compara t ive fitness and rank, posi t ion or g rade of the officers in such b ranch ; and no officer next in rank, posi t ion or g rade shall be passed over unless the head of his branch, in

wr i t ing , so advises the Commissioner.

In all cases rank, posi t ion or g rade shall be

subordinated to considerat ions of special fitness.

" F i t n e s s " in this section means ap t i tude ,

qualifications and abil i ty for the discharge of the
dut ies of the office to be filled.

(3 ) W h e r e a decision has been made by the Commissioner to p romote an officer to fill any vacancy in any branch of the ra i lway service and such officer is no t the officer next in rank, posi t ion or g rade , not ice in wr i t ing of such decision shall be given, as soon as pract icable a f te r such decision is made, to any officer who is to be passed over. Such decision shall not be

ca r r ied

carr ied into effect unt i l the expira t ion of the t ime for lodging an appeal to the Appeals Boa r d const i tuted under this Act and if an appeal is lodged within such t ime the decision shall not be car r ied into effect unt i l the appea l is hea rd and determined by the Appeals Board .

(c)	by inserting at the end of section eighty-six the
following prov iso :—

Prov ided t h a t no appeal shall lie from any such decision where the sa la ry a t tached to the office to be filled exceeds two thousand five hundred pounds pe r annum.

The T r a n s p o r t Act, 1930, as amended by subsequent Acts , is amended—

3.

(a) by omitting section one hundred and three and by inser t ing in lieu thereof the following section :—

103. The Commissioner for Government

T r a n s p o r t and the Commissioner for Motor

T r a n s p o r t may, in respect of the service

adminis tered by him—

(a)	determine conditions and examinations for admission to the service and for
promot ion to h igher g r a d e s ;
(b)	appoint competent persons to deal with the selection of suitable candidates for
the conduct of examinat ions for admis­ such admission or to be examiners for

sion to and promot ion in the service.

(b) (i) by omit t ing from subsection one of section

one hundred and four the words " a s

provided for in the r e g u l a t i o n s " ;

(ii)   by inserting at the end of the same section the following new subsection:—

(5) This section shall not app ly to promot ions to vacant offices to which section 104c of this Act applies .

91443—15 (c)

(c) by inserting next after section 104B;the following new section:—

104c. (1) Th i s section shall app ly only where any vacancy occurs in any branch of the service of the Commissioner for Government T r a n s p o r t or the Commissioner for Motor T r a n s p o r t not open for competi t ive examinat ion and the maximum sa la ry for the vacant office at the da te of the filling of such vacancy exceeds the max imum s a l a r y then, applicable to a special

g rade clerk..

(2) W h e r e any vacancy to which th is section applies occurs in any branch of the service of the Commissioner for Government T r a n s p o r t or the Commissioner for Motor

T r a n s p o r t it shall be filled by the appoin tment

to the vacant office—

(a)	where the appointment is to be made from officers in such branch, of an officer of such b ranch ; or
(b)	where applications are invited from officers in all branches , of one of such officers,

r ega rd being had in ei ther of such cases to the comparat ive fitness and rank, posit ion or g rade of the officers in such branch or branches , as the case may r e q u i r e ; and no officer next in rank, posi t ion or g rade shall be passed over unless the

head of the Staff Branch of the Depa r tmen t of

Government T r a n s p o r t or D e p a r t m e n t of Motor T r a n s p o r t , as the case may require , in wr i t ing , so advises the Commissioner for Government T r a n s p o r t or the Commissioner for Motor

T r a n s p o r t , as the ease m a y require .

I n all cases rank, posi t ion or g rade shall be
subordinated to considerat ions of special fitness.

" F i t n e s s " in this section means ap t i tude ,

qualifications and ability for the discharge of the

duties of the office to be filled.

(3)

(3) W h e r e a decision has been made by

the Commissioner for Government T r a n s p o r t or

the Commissioner for Motor T r a n s p o r t to promote an officer to fill any vacancy in any branch of the service adminis tered by him and such officer is not the officer next in rank, posit ion or g rade , notice in wr i t ing of such decision shall be given, as soon as pract icable after such decision is made, to any officer who is to be passed over. Such decision shall not be car r ied into effect unti l the expirat ion of the t ime for lodging an appeal to the Appeal Boa r d con­ st i tuted under this Act and if an appea l is lodged within such t ime the decision shall not be ca r r ied into effect unt i l the appeal is h e a r d and determined by the Appea l Board .

(d)	by inserting at the end of section one hundred
and th i r teen the following p rov i so :—

Prov ided tha t no appea l shall lie from any such decision where the sa la ry a t tached to the office to be filled exceeds two thousand five hundred pounds pe r annum.

4. (1) (a) I n subsection two of this section " P r i n ­ cipal A c t " means the Government Rai lways Act, 1912, as amended from t ime to t ime by subsequent Acts before the commencement of this Act.

(b) I n subsection three of this section " P r i n ­

cipal A c t " means the T r a n s p o r t Act, 1930, as amended

from t ime to t ime by subsequent Acts before the com­
mencement of this Act.

(2) A n y action taken by the Commissioner for Rai lways since the first day of J a n u a r y , one thousand nine hundred and forty-six, to promote or p u r p o r t i n g to promote officers of the Depa r tmen t of Rai lways in rank, posit ion, g rade or p a y pu r suan t to invalid provisions of any a w a r d made or pu rpo r t i ng to have been made under or by v i r tue of any Act of the Pa r l i amen t of the Com­ monweal th is hereby val idated, and such invalid

provis ions

provis ions in so fa r a s they relate to promot ion and the r igh t of a p p e a l to the Appeals Boa r d as const i tuted from time to t ime under section eighty-seven of. the P r inc ipa l Ac t shall be deemed as f rom the said first day of J a n u a r y , one thousand nine hundred and forty-six, until! the da te of commencement of: this Ac t :—

(a)	t o have been enacted in the P r inc ipa l Act, and
(b)	to have prevailed over the provisions of sections seventy-six and eighty-six o f the Pr inc ipa l Act, to the extent of any inconsistency therewith.

(3) Any action taken since the first day of

J a n u a r y , one thousand nine hundred and forty-six, by—

(a) the Commissioner for Road T r a n s p o r t and

T r a m w a y s to promote or p u r p o r t i n g to promote

officers of the D e p a r t m e n t o f Road T r a n s p o r t

and	T r a m w a y s ;
(b)	the Commissioner for Government Tram and Omnibus Services to promote or p u r p o r t i n g to promote officers of the Depa r tmen t of Govern­
ment T r a m and Omnibus Serv ices ;
(c)	the Super in tendent of Motor T r a n s p o r t or the
Commissioner for Motor T r a n s p o r t to promote
or p u r p o r t i n g to promote officers of the Depar t ­
ment of Motor T r a n s p o r t ;

(d)	the Director of T r a n s p o r t and Highways or the
Minis ter adminis te r ing the T r a n s p o r t (Division
of Funct ions) F u r t h e r Amendment Act, 1952; to
promote or p u r p o r t i n g to promote officers of the
Depa r tmen t of T r a n s p o r t and H i g h w a y s ; or
(e)	the Commissioner for Government T r a n s p o r t to promote or p u r p o r t i n g to promote officers of the
Depa r tmen t of Government T ranspo r t ,

in-rank,, position,, g rade or p a y p u r s u a n t to invalid pro-

vis-ions o f any	a w a r d	made	or	p u r p o r t i n g	to have- been
made unde r	o r by v i r t u e of	any Act	of	the	P a r l i a m e n t

of

of the Commonwealth is hereby validated, and such ] invalid provisions in so far as they relate to promotion and the right of appeal to the Appeal Board as con- stituted from time to time under section one hundred and fourteen of the Principal Act shall be deemed as from the said first day of January, one thousand nine hundred and forty-six, until the date of commencement of this Act:—

(i) to have been enacted in the Principal Act; and

(ii)   to have prevailed over the provisions of sections one hundred and four and one hundred and thirteen of the Principal Act, to the extent of any inconsistency therewith.