Navy (Board of Inquiry) Regulations (Cth)

STATUTORY RULES

1969 No

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REGULATIONS UNDER THE NAVAL DEFENCE ACT 1910-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Naval Defence Act 1910-1968.

Dated this sixth day of June, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

 

Minister of State for the Navy.

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NAVY (BOARD OF INQUIRY) REGULATIONS

Citation.

1. These Regulations may be cited as the Navy (Board of Inquiry) Regulations.

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears

“document” includes book, map, plan, drawing, photograph, letter and diary;

“reasonable excuse”, in relation to an act or omission by a person appearing as a witness before the Board, means the excuse that the act or omission might tend to render the person liable to a penalty or forfeiture;

  

* Notified in the Commonwealth Gazette on  1969.

 

“the Act” means the Naval Defence Act 1910-1968; “the Board” means a Board convened in pursuance of regulation 3 of these Regulations

“the Naval Board” moans the Board of Administration of the Naval Forces established in pursuance of section 7 of the Act.

(2.) In these Regulations, a reference to a barrister or solicitor shall be read as including a reference to a member of the Judge Advocate General Corps of the Naval Forces of the United States of America.

Convening Board of Inquiry.

3. The Naval Board may, by instrument in writing, convene a Board of Inquiry to inquire into such matters concerning, or arising out of, the collision between the ship of the Royal Australian Navy “Melbourne” and the ship of the Navy of the United States of America “Frank E. Evans” on the third day of June, 1969, as are specified in the instrument.

Composition of Board.

4.—(1.) The Board shall be composed of six persons, of whom three shall be members of the Naval Forces of the Commonwealth and three shall be members of the Naval Forces of the United States of America.

(2.) The members of the Board shall be appointed by the Naval Board by instrument in writing.

(3.) The members of the Board shall appoint one of their number to be the senior member of the Board.

(4.) Without limiting the power of the Naval Board under section 33 of the Acts Interpretation Act 1901-1966 in its application to Regulations, if a member of the Board dies before the Board has completed its inquiry and made its report, the Naval Board may appoint a Person to be a member of the Board in place of the member who died.

(5.) Where, before the Board has completed its inquiry and made its report a person is appointed to be a member in place of a person who has ceased to be a member, the Board, as so constituted, shall continue with the inquiry, and make its report, having regard to the evidence given both before and after the appointment of that person.

Functions of the Board.

5.—(1.) Subject to these Regulations, the Board shall make a thorough investigation into the matter, or each of the matters, specified in the instrument convening the Board without regard to legal forms, and shall not be bound by any rules of evidence but may conduct the investigation, and inform itself on any relevant matter, in such manner as it thinks fit.

(2.) The Board shall, as soon as conveniently as may be after the conclusion of its inquiry, make a report, in duplicate, stating the facts found by it concerning the matter or each of the matters to which the inquiry relates, and forward to the Naval Board and to the Commander of the Seventh Fleet of the United States of America, respectively, a copy of that report together with a copy of the evidence taken in the course of the inquiry.

 

(3.) The Board shall, if required to do so by the Naval Board, include in its report its opinions concerning, or its recommendations with respect to, the matter or each of the matters to which its inquiry relates.

(4.) Where a document or a portion of a document is put in evidence, a copy of the document or of the portion of the document shall be forwarded with each of the reports referred to in sub-regulation (2.) of this regulation.

Sittings of the Board.

6. The Board may exercise its powers and perform its functions either within or outside Australia.

Power to examine upon oath.

7.—(1.) The Board may take evidence on oath.

(2.) Where the Board directs that any evidence be taken on oath, a member of the Board may administer an oath to, or cause an oath to be administered to, a person appearing as a witness before the Board, and that member, or any other member, of the Board may examine the witness upon oath.

(3.) Where a witness to be examined before the Board conscientiously objects to take an oath, he may make an affirmation that he so objects and that the evidence he will give will be the truth, the whole truth and nothing but the truth.

(4.) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

Penalty for refusing to be sworn or to give evidence.

8.—(1.) A member of the Naval Forces appearing as a witness before the Board shall not -

(a) refuse or fail to be sworn, or to make an affirmation, upon being required to do so by a member of the Board; or

(b) without reasonable excuse, refuse or fail to answer a question relevant to the inquiry put to him by a member of the Board.

Penalty: Forty dollars or imprisonment for three months.

(2.) For the purpose of this regulation, a question put to a person by a barrister or solicitor appointed under regulation 13 of these Regulations, not being a question disallowed by the Board, shall be deemed to have been put by a member of the Board.

 

Witnesses.

9. Before taking evidence from a witness, being a member of the Naval Forces, the Board shall cause the witness to be informed that he is entitled to refuse to answer a question on the ground that the answer to the question may tend to render him liable to a penalty or forfeiture and that, if he does not inform the Board that he refuses to answer a question on that ground, he is required to answer the question.

Incriminating statements.

10. Except in proceedings for an offence against Part III. of the Crimes Act 1914-1966, evidence given by a person before the Board, the report of the Board and the record of proceedings of the Board, are not admissible against that person in civil or criminal proceedings against that person or in any proceedings before a court-martial, or summary proceedings under the Act or the Naval Discipline Act.

Evidence may be taken in private.

11.—(1) Subject to the next succeeding sub-regulation, the Board shall take evidence in public.

(2.) If the Board thinks it proper to do so, the Board may take evidence in private and a person who is not expressly authorized by the Board to be present shall not be present during the taking of that evidence.

(3.) Without affecting the generality of the last preceding sub-regulation, the Board may take evidence in private upon the application of a witness on the ground that the taking of the evidence in public would be unfairly prejudicial to him.

(4.) The Board maydirect that any evidence given before it, or the contents of any document, book or writing produced at the inquiry, shall not be published.

(5.) A person shall not make a publication in contravention of a direction given under the last preceding sub-regulation.

Penalty: Forty dollars or imprisonment for three months.

Power of the Board in relation to documents.

12.—(1.) A person authorized in writing by the Board may inspect any documents, books or writingproduced before the Board and may, if authorized by the Board to do so, retain them for such reasonable period as he thinks fit and may make copies, or take extracts from them, of such matters as are relevant to the inquiry.

(2.) Documents that are produced before the Board shall be returned to the person who produced those documents.

Counsel.

13. A barrister or solicitor appointed bythe Naval Board to assist the Board may, so far as the Board thinks proper, examine a witness on any matter that the Board deems relevant to the inquiry and a witness so examined has the same protection and is subject to the same liabilities as if he were examined by a member of the Board.

Protection of the Board, barristers and witnesses.

14.—(1.) Each member of the Board has, in the exercise of his duties as a member of the Board, the same protection and immunity as a Justice of the High Court.

(2.) A barrister or solicitor appearing before the Board has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(3.) Subject to these Regulations, a witness appearing before the Board has the same protection, and is, in addition to the penalties provided by these Regulations, subject to the same liabilities in any civil or criminal proceeding, as a witness in proceedings in the High Court.

Proceedings for defamation not to lie.

15.—(1.) A person does not have a claim, and a criminal action or proceeding does not lie

(a) against the Commonwealth, a Minister, a Member of the Naval Board or a servant or agent of the Commonwealth, in respect to the printing or publishing of

(i) a transcript of proceedings of the Board; or

(ii) a report of the Board; or

(b) in respect of the publication in a newspaper, or by means of broadcasting or television, of

(i) a fair and accurate report of proceedings by the Board; or

(ii) a report of the Board,

not being a publication in contravention of regulation 11 of these Regulations.

(2.) This regulation does not limit or abridge any privilege existing apart from these Regulations.

Temporary absences.

16. The Board may continue to inquire into the matter or each of the matters to which the inquiry relates notwithstanding the death or temporary absence of a member of the Board.

Re-hearing.

17. Notwithstanding that the inquiry into the matter or each of the matters that the Board was convened to inquire into has been concluded and the Board’s report has been forwarded in accordance with sub-regulation (2.) of regulation 5 of these Regulations, the Board may re-open its inquiry and furnish a supplementary report in accordance with regulation 5 of these Regulations if requested to do so by the Naval Board.

Joint powers.

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