Navigation (Courts of Marine Inquiry) Regulations (Cth)
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - Incorporating all
amendments by legislation made to 30 September 1980
- Reprinted as at 30 September 1980 (HISTREG CHAP 38 #DATE 30:09:1980)
amendments by legislation made to 30 September 1980
- Reprinted as at 30 September 1980 (HISTREG CHAP 38 #DATE 30:09:1980)
*1* The Navigation (Courts of Marine Inquiry) Regulations (in force under the
53 as amended by the other Statutory Rules specified in the following table:
---------------------------------------------------------------------------- Date of Application,
saving
Year and notification Date of or transitional
number in Gazette commencement provisions
---------------------------------------------------------------------------- 1943 No. 53 4 Mar 1943 4 Mar 1943
1957 No. 1 24 Jan 1957 Rr. 3 and 5: 1 May
1956
Remainder: 24 Jan
1957 -
1963 No. 97 24 Oct 1963 24 Oct 1963 R. 3
1973 No. 69 29 Mar 1973 29 Mar 1973 R. 15
1974 No. 13 12 Feb 1974 12 Feb 1974 R. 2
1975 No. 6 17 Jan 1975 17 Jan 1975 -
1976 No. 243 9 Nov 1976 9 Nov 1976 R. 3
1978 No. 128 13 July 1978 13 July 1978 R. 3
----------------------------------------------------------------------------
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Repeal
3. Parts
4. Interpretation
PART II-INQUIRIES
5. Notice of inquiry
6. Charges against masters or officers
7. Right to appear
7A. Examination of witnesses
8. Parties to proceedings
9. Adjournment of inquiry to enable person charged to make defence
10. Proceedings on non-appearance
11. (Repealed)
12. Order in which parties to be heard
13. Parties may address the Court
13A. Notice of variation where questions varied
14. Form of decision of Court on inquiry
15. Observations by Court
PART III-APPEALS AND REFERENCES
16. Notice of appeal
17. Notice to parties
18. Copy of surveyor's report to be forwarded to Registrar
19. Notice to complainant
20. Parties to appeals or references
21. Departmental representative to begin
22. Complainant to follow
23. Appellant to follow complainant
24. Departmental representative and complainant may call evidence in
reply
25. Order in which parties to address Court
26. Order for release or detention
PART IV-REHEARINGS
27. Regulations governing rehearings
28. Parties may be added
29. Copy of evidence of hearing to be admitted on rehearing
PART V-APPOINTMENT AND SUMMONING OF ASSESSORS
30. Appointment of assessors
31. Qualifications and classifications of assessors
32. List of assessors to be furnished to each Registrar
33. Assessors to be summoned in rotation
34. Departmental representative to inform Registrar when assessors
required
35. Assessors to be summoned when question of cancelling or suspension
of certificate of master, &c., involved
36. Summoning of assessors
37. Disqualification of assessors
38. Summoning of assessor not to be questioned
39. (Repealed)
PART VI-GENERAL
40. Duties of Registrar
41. Seal of Court
42. All process to be sealed
43. Minute book
44. Appearance by barrister or solicitor
45. Service of process
46. Notice to produce documents
47. Notice to admit documents
48. Summons to witness
49. Allowances payable to witnesses
50. Proof of service
51. Service of documents on, and action by, authorized officer
52. Affidavits
53. Adjournment of hearing
54. Order for payment of costs
THE SCHEDULES
FIRST SCHEDULE
Forms
SCHEDULE 2
Allowances for Witnesses in respect of attendance before a Court of Marine
Inquiry or before a person appointed to receive evidence on behalf of the Court
of Marine Inquiry
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Navigation (Courts of Marine Inquiry) Regulations.*1*
See notes to first article of this Chapter.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 2.
Repeal
2. The Navigation (Courts of Marine Inquiry) Regulations (being Statutory Rules 1926, No. 128, as amended by Statutory Rules 1928, No. 22; 1929, Nos. 55 and 107; 1931, No. 57; and 1940, No. 238) are repealed.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 3.
PartsSubstituted by 1973 No. 69 r. 1
3. These Regulations are divided into Parts, as follows:
Part I- Preliminary (Regulations 1-4) Part II- Inquiries (Regulations 5-15) Part III- Appeals and References (Regulations 16-26) Part IV- Rehearings (Regulations 27-29) Part V- Appointment and Summoning of Assessors (Regulations 30-38) Part VI- General (Regulations 40-54).
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 4.
InterpretationSub-reg. (1) substituted by 1973 No. 69 r. 2; amended by 1978 No. 128 r. 1
4. (1) In these Regulations, unless the contrary intention appears-
"authorized officer ", in relation to a State or Territory, means a person holding, or for the time being performing the duties of, an office in the Department of Transport that is specified in relation to that State or Territory for the purposes of this definition by the Minister by instrument in writing;
"certificate" or "certificate of competency" has the same meaning as in Part IX of the Act;
"Court" means a Court of Marine Inquiry established under the Act;
"Departmental representative" means an officer of the Department appointed by the Minister to be the Departmental representative for the purposes of these Regulations;
"Registrar" means the Registrar of a Court and includes a Deputy Registrar of a Court;
"the Act" means the Navigation Act 1912-1972;
"the Department" means the Department of Transport.
(2) In these Regulations, any reference to a Form shall be read as a reference to a Form in the First Schedule to these Regulations.
(3) Strict compliance with the Forms in the First Schedule to these Regulations shall not be required and substantial compliance shall be sufficient.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 5.
Notice of inquiry
PART II-INQUIRIES
Sub-reg. (1) amended by 1963 No. 97 r. 2; 1973 No. 69 r. 3
5. (1) Where the Minister requests a Court to make an inquiry, the Registrar shall serve or cause to be served a notice of inquiry in accordance with Form C.M.I.-1 or Form C.M.I.-2, as the case requires-
(a) in the case of an inquiry as to a shipwreck, or a casualty affecting a ship or entailing loss of life on or from a ship-upon the Departmental representative and the owner (if resident in Australia), the master, and such officers of the ship as the Minister certifies are likely to be affected by the inquiry; or
(b) in the case of an inquiry as to a charge of incompetency, unfitness, incapacity, misconduct, or failure of duty-upon the Departmental representative and the master, mate, engineer, pilot or licensed pilot concerned,
and, in any case, upon such other persons as the Court directs.
Substituted by 1973 No. 69 r. 3(2) The notice of inquiry in accordance with Form C.M.I.-1 shall have annexed to it a statement of the questions on which the Minister has requested the Court to make findings at the conclusion of the inquiry.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 6.
Charges against masters or officersSub-reg. (1) amended by 1963 No. 97 r. 2
6. (1) Charges of incompetency, misconduct or failure of duty on the part of masters or officers of ships, in the cases specified in sub-section (1) of section 364 of the Act, may be made by the Departmental representative.
Amended by 1963 No. 97 r. 2(2) The Departmental representative shall forward a copy of any charge made under this regulation to the Minister.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 7.
Right to appear
7. Any person who satisfies the Court that he has an interest in the inquiry may appear, and any other person may, by leave of the Court, appear.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 7A.
Examination of witnessesInserted by 1975 No. 6 r. 1
7A. Any counsel appointed to assist the Court, and any party, may examine, cross-examine and re-examine any witness on any matter that the Court deems relevant to the inquiry.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 8.
Parties to proceedingsAmended by 1963 No. 97 r. 2
8. The Departmental representative and other persons upon whom a notice of inquiry is served, and any other persons who appear, shall be deemed to be parties to the proceedings before the Court.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 9.
Adjournment of inquiry to enable person charged to make defence
9. Where a Court sits for the purpose of making an inquiry as to a charge of incompetency, unfitness, incapacity, misconduct, or failure of duty on the part of a master, mate, engineer, pilot or licensed pilot, and it appears to the Court that the person charged has not received notice of the charge in time to give him a reasonable opportunity of making a defence, the Court shall adjourn until such time as it thinks fit.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 10.
Proceedings on non-appearance
10. Subject to the last preceding regulation, the Court may, at the time and place appointed for making the inquiry, proceed with the inquiry, whether the parties upon whom a notice of inquiry has been served, or any of them, are present or not.
Regulation 11 repealed by 1975 No. 6 r. 2
* * * * * * * *
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 12.
Order in which parties to be heardSub-regs (1)-(3) omitted by 1975 No. 6 r. 3
12. * * * * * * * *
Amended by 1973 No. 69 r. 4(4) Questions asked, and documents tendered as evidence in the course of the examination of witnesses, shall not be open to objection merely on the ground that they do or may raise questions which are not contained in, or which vary from, the statement of the case or the questions specified in the notice of inquiry or subsequent notices under these Regulations.
Sub-reg. (5) omitted by 1973 No. 69 r. 4
* * * * * * * *
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 13.
Parties may address the CourtSubstituted by 1975 No. 6 r. 4
13. When the whole of the evidence has been concluded the parties, and any counsel appointed to assist the Court, may address the Court upon the evidence in such order as the Court directs.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 13A.
Notice of variation where questions variedInserted by 1973 No. 69 r. 5
13A. (1) Where the Minister, at any time before a Court has given its decision on an inquiry, informs the Court that he wishes to amend or omit any of the questions on which he has requested the Court to make findings or to add to those questions, the Registrar shall serve, or cause to be served, on each person on whom a notice of inquiry has been served and on any other person who has appeared in the proceedings before the Court a notice, in accordance with Form C.M.I.-1A, setting out the amendments, omissions or additions made by the Minister.
(2) Where a notice under the last preceding sub-regulation is served after the commencement of proceedings before the Court, the Court shall-
(a) permit a party to the proceedings who had, before the service of the notice, adduced evidence, or addressed the Court, in the proceedings to adduce further evidence, or further to address the Court, in relation to any of the questions amended or added by the Minister; and
(b) if so requested by a party, recall a witness who was previously called by another party for further examination in relation to any of those questions.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 14.
Form of decision of Court on inquiry
14. (1) The decision of the Court on an inquiry shall be in accordance with Form C.M.I.-3.
(2) Each member of a Court who concurs in the decision of the Court shall sign the decision, and each member who dissents shall sign the decision as a dissentient.
(3) Each assessor assisting a Court shall, if he concurs in the decision of the Court, sign the decision, and if he dissents from the decision he shall state in writing to the Minister his dissent and the reasons therefor.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 15.
Observations by Court
15. The Court, when forwarding to the Minister a copy of its decision in a case, may make, in relation to the case or its decision, such observations as it thinks fit.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 16.
Notice of appeal
PART III-APPEALS AND REFERENCES
16. (1) Where a ship-owner aggrieved by a refusal to grant a certificate of survey or of equipment or a safety certificate, or where the master of a ship which has been ordered to be provisionally detained, desires to appeal to the Court, he shall file, at the office of the Registrar of the Court nearest to the place in which the ship is, a notice in accordance with Form C.M.I.-4.
(2) Any person filing a notice in pursuance of the last preceding sub-regulation is, in this Part of these Regulations, referred to as the appellant.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 17.
Notice to partiesAmended by 1963 No. 97 r.2
17. The Registrar shall give notice, in accordance with Form C.M.I.-5, to the Departmental representative and the appellant, of the time and place fixed for the hearing of the appeal, and to the Departmental representative and the master of the ship of the time and place appointed for hearing a reference.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 18.
Copy of surveyor's report to be forwarded to RegistrarAmended by 1963 No. 97 r. 2
18. Upon receipt of a notice in pursuance of the last preceding regulation, the Departmental representative shall forward to the Registrar, for production as evidence at the hearing, an official copy of the report of the surveyor with respect to the ship which is the subject-matter of the appeal or reference.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 19.
Notice to complainantAmended by 1963 No. 97 r. 2
19. Where the appeal or reference is in respect of the detention of a ship after survey made on the complaint of any person (in this Part of these Regulations referred to as the complainant), the Departmental representative shall send to the complainant notice of the time and place appointed for the hearing.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 20.
Parties to appeals or referencesSub-reg. (1) amended by 1963 No. 97 r. 2
20. (1) The Departmental representative and the appellant, or, in the case of a reference, the Departmental representative and the master, shall be parties to the proceedings.
(2) Any other person, upon entering an appearance, may, by permission of the Court, be made a party to the proceedings.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 21.
Departmental representative to beginAmended by 1963 No. 97 r. 2
21. At the hearing, the Departmental representative shall open his case and then call his witnesses, and shall then state, in writing what order he requires the Court to make.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 22.
Complainant to followAmended by 1963 No. 97 r. 2
22. The complainant, if he has appeared, shall, after the Departmental representative has stated his case, call his witnesses, and shall then state, in writing, what order he requires the Court to make.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 23.
Appellant to follow complainant
23. The appellant, or, in the case of a reference, the master, shall, after the complainant has stated his case, call his witnesses, and shall then state, in writing, what order he requires the Court to make.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 24.
Departmental representative and complainant may call evidence in replyAmended by 1963 No. 97 r. 2
24. After the appellant, or, in the case of a reference, the master or owner, has stated his case, the Departmental representative and the complainant may, on cause shown to the satisfaction of the Court, call further witnesses in reply.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 25.
Order in which parties to address CourtAmended by 1963 No. 97 r. 2
25. After all the witnesses have been examined, the Court shall first hear the appellant, or, in the case of a reference, the master or owner, then the complainant (if any), and afterwards the Departmental representative.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 26.
Order for release or detention
26. (1) As soon as possible after the court has reached its decision, the Court shall issue an order, in accordance with Form C.M.I.-6-
(a) for the final detention of the ship, or her release either conditionally or unconditionally; or
(b) granting or refusing a certificate of survey or equipment or a safety certificate,
as the case requires.
(2) The Court shall forward the order, together with the notes of the evidence given at the hearing, to the Minister.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 27.
Regulations governing rehearings
PART IV-REHEARINGS
27. Where the Minister orders an inquiry to be re-opened and reheard, the provisions of these Regulations relating to the notices to be given in connexion with, and the proceedings of, the original inquiry shall apply in relation to the rehearing.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 28.
Parties may be added
28. The Court may, if it thinks fit, order any person, other than the parties served with the notice of rehearing, to be added as a party to the proceedings for the purpose of the rehearing, on such terms as the Court thinks fit.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 29.
Copy of evidence of hearing to be admitted on rehearing
29. The evidence taken at the inquiry may be proved before the Court at the rehearing by the production of a copy of the notes of the shorthand writer or other person authorized by the Court to take down the evidence at the inquiry.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 30.
Appointment of assessors
PART V-APPOINTMENT AND SUMMONING OF ASSESSORS
Substituted by 1957 No. 1 r. 2 Sub-reg. (1) amended by 1973 No. 69 r. 6
30. (1) Subject to this Regulation, a person appointed as an assessor shall hold office for such period, not exceeding three years, as is specified by the Minister, and is eligible for reappointment.
(2) A person who has attained the age of 75 years-
(a) is not eligible for appointment or reappointment as an assessor; and
(b) ceases to hold office as an assessor.
Amended by 1973 No. 69 r. 6(3) The Minister may at any time cancel the appointment of an assessor.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 31.
Qualifications and classifications of assessorsSubstituted by 1973 No. 69 r. 7
31. (1) A person shall not be appointed as an assessor by reason of having nautical skill unless-
(a) he holds a certificate of competency as master of a foreign-going ship and has had, while holding a certificate of competency as master of a foreign-going ship, not less than five years' service as master of a ship or ships, two years of that service having been as master of a steamship or steamships of not less than 1,000 tons gross register; or
(b) he has qualifications, and has had experience, that are substantially equal to those required by the last preceding paragraph.
(2) A person shall not be appointed as an assessor by reason of having engineering skill unless-
(a) he holds a certificate of competency as first class engineer and has had, while holding a certificate of competency as first class engineer, not less than five years' service as engineer in sea-going ships, two years of that service having been as chief engineer; or
(b) he has qualifications, and has had experience, that are substantially equal to those required by the last preceding paragraph.
(3) Persons appointed by reason of having the qualifications and experience referred to in sub-regulation (1) shall, for the purposes of these Regulations, be classified as "Assessors, Class 1-Masters ".
(4) Persons appointed by reason of having the qualifications and experience referred to in sub-regulation (2) shall, for the purposes of these Regulations, be classified as "Assessors, Class 2-Engineers" and be further classified into two sub-classes, one consisting of assessors whose qualifications relate to steamships, whether or not they also relate to motorships, and the other consisting of assessors whose qualifications relate to motorships, whether or not they also relate to steamships.
(5) Persons appointed by the Minister by reason of having special skill shall, for the purposes of these Regulations, be classified as "Assessors, Class 3-Persons having special skill" and be further classified into sub-classes by the Minister, each sub-class consisting of assessors having the same kind of special skill or experience.
(6) A person may be included in more than one of the classes or sub-classes referred to in the preceding sub-regulations of this regulation if the qualifications and experience (if any) by reason of which he was appointed warrant such inclusion.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 32.
List of assessors to be furnished to each RegistrarAmended by 1963 No. 97 r. 2
32. The Minister shall furnish each Registrar with a list of persons appointed to be assessors, showing the classes or sub-classes in which they are classified and the places at which they reside.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 33.
Assessors to be summoned in rotation
33. (1) Subject to these Regulations, assessors shall, as far as practicable-
(a) be summoned by the Registrar from among those assessors who are eligible and available to be summoned and who reside at, or most nearly to, the place where the Court is to be held; and
(b) be summoned in rotation within each class or sub-class mentioned in the last preceding regulation, commencing with the assessor first mentioned in the list as being so resident.
(2) Where, from any cause whatsoever, an assessor who has been summoned cannot attend, the next eligible and available assessor in rotation shall be summoned.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 34.
Departmental representative to inform Registrar when assessors requiredAmended by 1963 No. 97 r. 2
34. The Departmental representative shall inform the Registrar when assessors are required, and shall state from which of the classes or sub-classes assessors ought, in his opinion, to be summoned, but the Departmental representative shall not direct or request the summoning of any particular assessor.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 35.
Assessors to be summoned when question of cancelling or suspension of
certificate of master, &c., involved
35. Where an inquiry involves any question as to the cancelling or suspension of the certificate of a master, mate or engineer, or as to the unfitness, incapacity, incompetency or misconduct of a pilot or licensed pilot, there shall be summoned from the list of assessors not less than two assessors from Class 1 and Class 2 or from either of those classes, as provided in the next succeeding regulation.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 36.
Summoning of assessorsAmended by 1973 No. 69 r. 8
36. Subject to compliance with the requirements of the last preceding regulation, and to any special appointment which the Minister thinks it expedient to make in any case where he considers that special circumstances warrant a departure from this regulation, assessors shall be summoned as follows:
(a) Where the inquiry involves, or appears likely to involve the cancellation or suspension of a certificate of a master, or mate, but not of an engineer, at least two assessors shall be summoned from Class 1.
(b) Where the inquiry involves, or appears likely to involve the cancelling or suspension of the certificate of an engineer, one at least of the assessors shall be summoned from Class 2.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 37.
Disqualification of assessorsSub-reg. (1) amended by 1973 No. 69 r. 9
37. (1) An assessor shall not be eligible to be summoned or to act as assessor if-
(a) he has acted in the capacity of surveyor of the vessel in relation to which the inquiry is to be held;
(b) he is employed, or retained as a surveyor, by-
(i) the owner or agent of a vessel in relation to which the inquiry is to be held; or
(ii) a party to the inquiry;
(c) he has any pecuniary interest in the subject of the inquiry; or
(d) there exists, in the mind of the assessor, a bias in favour of or against a party to the inquiry.
Amended by 1973 No. 69 r. 9(2) A person shall not act as assessor when not eligible so to act.
Penalty: One hundred dollars or imprisonment for three months.
(3) No proceeding before a Court shall be invalidated or rendered ineffectual by reason only of the fact that an assessor has acted in connexion therewith when ineligible so to act.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 38.
Summoning of assessor not to be questioned
38. The summoning of any assessor shall not be questioned on the ground that it was not in accordance with these Regulations.
Regulation 39 repealed by 1973 No. 69 r. 10
* * * * * * * *
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 40.
Duties of Registrar
PART VI-GENERAL
40. The Registrar shall sign and issue all process of the Court, and have the custody of all records, minutes, and proceedings of the Court.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 41.
Seal of Court
41. Each Court shall have a seal bearing the device of an Admiralty anchor and having inscribed thereon the words "Court of Marine Inquiry" with the name of the place where the Court is held.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 42.
All process to be sealed
42. The Registrar shall seal with the seal of the Court all process of the Court issued by him.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 43.
Minute book
43. The Registrar shall keep a minute book in accordance with Form C.M.I.-7 in which he shall enter a minute of the decision or order of the Court as to every appeal, charge, complaint, inquiry or reference heard and determined by the Court under the Act.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 44.
Appearance by barrister or solicitorAmended by 1963 No. 97 r. 2
44. In every Court the parties other than the Departmental representative may appear personally or by such barristers or solicitors as by the laws and rules regulating the practice of the High Court or of the Supreme Court of a State are permitted to appear in the High Court or the Supreme Court, and the Departmental representative may appear personally or by an officer of the Department or by such a barrister or solicitor.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 45.
Service of process
45. (1) Service of any notice, subpoena, summons or other document or process under the Act or these Regulations shall be deemed good service if-
(a) it is made personally on the person to be served;
(b) it is made at his last known place of abode or business, or at any address which he gives for service; or
(c) it is made on board any ship to which he belongs and is accompanied with a statement of the purport thereof to the person being or appearing to be in command or charge of the ship.
(2) Service may be effected by posting the process in a prepaid registered letter addressed to the person to be served at any place at which the service may be made under the last preceding sub-regulation.
(3) Where process has been served, in accordance with this regulation, on any person charged with incompetency, misconduct, or failure of duty (in this regulation referred to as "the person charged "), and the person charged is absent from the Commonwealth or cannot be found, the Registrar may place a copy of the process in an envelope addressed to the person charged, and send it and a notification of its contents to any owner or agent in the Commonwealth of the ship to which the person charged belongs with a request that it may be forwarded to him under cover.
(4) If any such owner or agent cannot be found the Registrar may advertise the notice in the Gazette.
(5) The Registrar shall attach to any notice of inquiry or notice of hearing of an appeal or reference served on the person charged a copy of the report or a statement of the case upon which the Minister has requested the Court to make the inquiry.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 46.
Notice to produce documents
46. (1) A party may give to any other party notice in writing to produce any documents (saving all just exceptions) relating to the subject-matter of the inquiry which are in the possession or under the control of the other party.
(2) If the notice is not complied with, the party who gave the notice may give secondary evidence of the contents of the documents.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 47.
Notice to admit documents
47. A party may give to any other party notice in writing to admit any documents (saving all just exceptions).
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 48.
Summons to witness
48. The Registrar may issue a subpoena in accordance with Form C.M.I.-8 or Form C.M.I.-9, as the case requires, summoning any person to attend at the Court to give evidence or to produce documents in an inquiry, appeal, reference or rehearing.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 49.
Allowances payable to witnessesSubstituted by 1976 No. 243 r. 1
49. (1) Subject to sub-regulation (2), an allowance to be paid under sub-section 370 (5) of the Act to a witness attending before a Court of Marine Inquiry, or before a person appointed to receive evidence on behalf of the Court of Marine Inquiry, shall be an amount determined by the Court of Marine Inquiry in accordance with Schedule 2.
(2) Where, at a time when an allowance to be paid to a witness under sub-section 370 (5) of the Act is being determined, an amount specified in the Second Schedule to the High Court Rules in relation to witnesses' expenses is higher than the corresponding amount specified in Schedule 2, the allowance to be paid to that witness shall be determined as if that corresponding amount were an amount equal to the amount so specified in the High Court Rules.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 50.
Proof of service
50. The service of any notice, subpoena, summons or other document or process may be proved by the oath, affidavit or statutory declaration of the person by whom it was served.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 51.
Service of documents on, and action by, authorized officerAmended by 1963 No. 97 r. 2; 1978 No. 128 r. 2
51. Where by these Regulations any notice or other document or process is required to be served on the Departmental Representative, or anything is required to be done by the Departmental Representative, the notice or other document or process may be served on, or the thing may be done by, the authorized officer in the State or Territory in which the inquiry is to be made or the appeal is to be heard.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 52.
Affidavits
52. The provisions of Order XXXV of the Rules of the High Court (being Statutory Rules 1928, No. 118) shall apply, as far as applicable, to all affidavits in the Court.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 53.
Adjournment of hearing
53. The Court may adjourn the hearing of any inquiry, appeal or reference from time to time and from place to place.
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SECT. 54.
Order for payment of costs
54. An order for the payment of costs shall be in accordance with Form C.M.I.-10.
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NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SCHEDULE 1 SCH
SCHEDULE 1
Regulation 4 (2)
Form 1 substituted by 1973 No. 69 r. 12
SCH
FORM C.M.I.-1
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
NOTICE OF INQUIRY
(1) Here state place at which Court established.
(2) Here state matter as to which inquiry is to be made.
(3) Here state person to whom notice addressed.
In the Court of Marine Inquiry(1)
In the matter of an inquiry as to(2)
To(3)
I hereby give you notice that the Court of Marine Inquiry will, on the
day of , 19 , at the hour of o'clock in the noon, at the
Court Room situate at , make inquiry as to(2) .
Annexed hereto are the following documents:
(a) a copy of the report (or statement of the case) upon which the inquiry
has been ordered; and
(b) a statement of the questions on which the Minister for Transport has
requested the Court to make findings at the conclusion of the inquiry.
(4) Strike out if not applicable.
(5) Here state the documents that the person is required to produce.
(4)I further give you notice that you are required to produce to the Court(5)
.Dated this day of , 19
Registrar
(Seal of the Court)
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Inserted by 1973 No. 69 r. 12SCH
FORM C.M.I.-1A
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
NOTICE OF VARIATION OF QUESTIONS
(1) Here state place at which Court established.
(2) Here state matter as to which inquiry is made.
(3) Here state person to whom notice addressed.
In the Court of Marine Inquiry(1)
In the matter of an inquiry as to(2)
To(3)
I hereby give you notice that the Minister for Transport has varied the
questions on which he has requested the Court to make findings at the conclusion of the inquiry in the manner set out below-
Dated this day of , 19
Registrar
(Seal of the Court)
----------
Amended by 1973 No. 69 r. 13SCH
FORM C.M.I.-2
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
NOTICE OF INQUIRY
(1) Here state place at which Court is established.
(2) Here state matter as to which inquiry to be made.
(3) Here state person to whom notice addressed.
(4) Here state person laying the charge.
(5) Here state ground of charge.
In the Court of Marine Inquiry(1)
In the matter of an Inquiry as to(2)
To(3)
I hereby give you notice that a charge of (incompetency, misconduct or failure of duty) has been laid against you by(4) on the ground that(5) and that the
Court of Marine Inquiry will, on the day of , 19 , at the
hour of o'clock in the noon, at the Court Room, situate at , make inquiry as to the said charge.
Attached hereto is a copy of the report (or statement of the case) upon which
the Minister has requested the Court to make the inquiry.
And I further give you notice to produce to the Court (your certificate,
the log books of the ship and) any (other) documents relevant to the inquiry
which are in your possession or under your control.
Dated this day of , 19
Registrar
(Seal of the Court)
----------
Amended by 1973 No. 69 r. 13SCH
FORM C.M.I.-3
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
DECISION OF COURT
(1) Here state place at which Court established.
(2) Here state matter as to which inquiry made.
In the Court of Marine Inquiry(1)
In the matter of an Inquiry as to(2)
The Court, having carefully inquired as to(2) finds that*
Dated this day of , 19
Senior or only Member of Court
Member
Member
(Seal of the Court)
I dissent from the above decision, and my written reasons for so dissenting
are annexed hereto.
Member of Court
I
We concur in the above decision.
Assessor
Assessor
------------------------------------------------------------------------------ -- * Here state fully the circumstances of the case, the opinion of the Court
touching the causes of the casualty, and the conduct of any persons implicated
therein, and whether the certificate of any officer is either suspended or
cancelled, and if so for what reasons.
----------
Amended by 1973 No. 69 r. 13SCH
FORM C.M.I.-4
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
NOTICE OF APPEAL
(1) Here state ship in respect of which notice is given.
(2) Here state place at which Court established.
(3) Here state subject-matter of appeal.
In the matter of(1)
To the Registrar of the Court of Marine Inquiry(2)
master steam
Take notice that I of the owner of the
sailing
ship of the port of do appeal from(3)
The address at which all notices, documents, and process may be served on me
is
Dated this day of , 19
Appellant
----------
Amended by 1973 No. 69 r. 13SCH
FORM C.M.I.-5
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
NOTICE OF HEARING OF APPEAL OR REFERENCE
(1) Here state place at which Court established.
(2) Here state subject-matter of appeal or reference.
(3) Here state person to whom notice addressed.
In the Court of Marine Inquiry(1)
In the matter of(2)
To(3)
I hereby give you notice that the Court of Marine Inquiry will meet on the
day of , 19 , at the hour of o'clock in the noon, at
the Court Room situate at , to hear the appeal or reference in the
above-mentioned matter.
Dated this day of , 19
Registrar
(Seal of the Court)
----------
Amended by 1973 No. 69 r. 13SCH
FORM C.M.I.-6
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
ORDER OF COURT ON APPEAL OR REFERENCE
(1) Here state place at which Court established.
(2) Here state subject-matter of appeal or reference.
(3) Here state terms of order.
In the Court of Marine Inquiry(1)
In the matter of(2)
This Court hereby orders(3)
Dated this day of ,19
Senior Member of Court
(Seal of the Court)
----------
FORM C.M.I.-7
MINUTE BOOK-COURT OF MARINE INQUIRY
(1) Here state place at which Court established.
Minute of Proceedings in the Court of Marine Inquiry(1)
------------------------------------------------------------------------------ -- Notice of Names of
Inquiry, Decision or Members of Date of
Number Name of Names of Appeal or Order of Court and Decision
of case ship Parties Reference Court Assessors or Order
------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --
----------
Amended by 1973 No. 69 r. 13SCH
FORM C.M.I.-8
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
SUBPOENA TO WITNESS TO GIVE EVIDENCE
(1) Here state place at which Court established.
(2) Here state subject-matter of inquiry, appeal or reference.
(3) Here state person to whom subpoena is issued.
In the Court of Marine Inquiry(1)
In the matter of(2)
To(3)
You are hereby summoned to appear before the Court of Marine Inquiry at
on the day of at the hour of o'clock in the noon, to give
evidence in the above-mentioned matter and to continue in attendance until
notified by the Court that your presence is no longer required.
Dated this day of ,19
Registrar
(Seal of the Court)
----------
Amended by 1973 No 69 r. 13SCH
FORM C.M.I.-9
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
SUBPOENA TO WITNESS TO PRODUCE DOCUMENTS
(1) Here state place at which Court established.
(2) Here state subject-matter of inquiry, appeal or reference.
(3) Here state person to whom subpoena is issued.
(4) Here state documents to be produced.
In the Court of Marine Inquiry(1)
In the matter of(2)
To(3)
You are hereby summoned to appear before the Court of Marine Inquiry at
on the day of ,19 , at the hour of o'clock in the noon to
produce the following documents(4)
Dated this day of ,19
Registrar
(Seal of the Court)
----------
Amended by 1973 No. 69 r. 13SCH
FORM C.M.I.-10
COMMONWEALTH OF AUSTRALIA
Navigation (Courts of Marine Inquiry) Regulations
ORDER FOR PAYMENT OF COSTS
(1) Here state place at which Court is established.
(2) Here state subject-matter of inquiry, appeal or reference.
In the Court of Marine Inquiry(1)
In the matter of(2)
inquiry
This Court hereby orders that the costs of the above-mentioned appeal be
paid by (or
reference
that each party shall pay his own costs). And this Court assesses the said costs as follows:
Dated this day of ,19
Senior Member of Court
(Seal of the Court)
----------
NAVIGATION (COURTS OF MARINE INQUIRY) REGULATIONS - SCHEDULE 2 Substituted by 1976 No. 243 r. 2
SCH
SCHEDULE 2
Regulation 49
ALLOWANCES FOR WITNESSES IN RESPECT OF ATTENDANCE BEFORE A COURT OF MARINE
INQUIRY OR BEFORE A PERSON APPOINTED TO RECEIVE EVIDENCE ON BEHALF OF THE COURT
OF MARINE INQUIRY
1. For witnesses called because of their professional, scientific or other
special skill or knowledge-not less than $45, or more than $225, per day of
attendance.
2. For witnesses generally-$25 per day of attendance before a Court of Marine
Inquiry, or before a person appointed to receive evidence on behalf of the Court of Marine Inquiry, or, if remunerated in their occupations by wages, salary or
fees, that amount or a higher amount being the amount of wages, salary or fees
lost by the witness by the attendance of the witness, but not exceeding $50 per
day of attendance.
3. For all witnesses, in addition to the amount applicable under clause 1 or
2, a reasonable amount-
(a) in respect of their conveyance to and from a Court of Marine Inquiry; and
(b) if required to be absent overnight from their usual place of residence,
for meals and accommodation.
4. For witnesses referred to in clause 1, in addition to the amounts
applicable under clauses 1 and 3, a reasonable amount in respect of expenses
properly incurred in order to qualify to give skilled evidence.
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