Police Regulation (Appeals) Act 1923 (NSW)

POLICE PEOULATIOX (APPEALS)

ACT.

Act 38, 1923.

George V, An Act to coustitute a Police Appeal Board and

make provision for the rcderenco to sucli board of a])peals by members of the police force ; to amend the Police Regulation Act, 1899, and certain other Acts ; and I'or p u r­ poses connected therew ith. [Assented to, 21st Deceinber, 1923.

FAE it enacted by the King’s Most Jixcellent iMajesty,

by aiid with the advice and consent of the Legis­

lative Council and Legislative Asseinl)ly of New South

Wales in Parliament assembled, and by tlie authority of

the same, as follows :—

ort title. 1 . (1) This Act may be cited as the “ Police Regu­

lation (Appeals)Act, 1923,” and shall he read with the

Police Regulation Act, 1899. (2)

Police Regulation (Appeals) Act. 2:. 3

(2) Tliis Act .shall come into force upon a date to George V,

be proclaimed by the Governor in the Gazette.

2 . In this Act, unless tlie context or . ‘̂ ubject-matter intei-prcta-

otberwisc indicates or requires,— *

“ Board ” means Police Appeal Board as constituted

by this Act.

“ Inspector-General ” means Inspector-General of

Police.

“ Prescribed ” means prescribed by this Act or by

regulation madii thereunder.

“ Secretary ” means person appointed by the

niinistcr to act as secretary of the board.

3 . (1) The Governor may for the )>urposes of this Cunsiiuition

Act constitute a Police Appeal Board. The board shall consist of a judge of a District Court (who is hereinafter referred to as “ the chairman ”) and sliail be appointed by the Governor for a term of seven years :

Provided that any party to an appeal before the board may require the appeal to bo board before the chairman and two assessors, in which case the board for the pui'pose 01 bearing such ap[)eal shall consist of the chairman and two assessors.

(2) Such asscsssors shall be members of the police force to be appointed by the Governor for a term of three years, and om; of such assessors shall be nominated by the Inspector-General, and the other shall be nominated by the police force in manner prescribed.

(3) Tlie chairman and assessors shall be paid such, salary, fees, and allowances as may be prescribed.

4 . (1) In the case of and during the absence from Absence of

whatever cause of the chairman, the Governor

appoint a deputy who shall have similar qualifications '

to tha t of the chairman, avIio, during such ahseuce, shall

have the powers of the chairman.

(2 ) In the case of and during the ab.mnce from whatever cause of an assessor, another assc-sor who has been nominated in the manner prescribed shall, during such absence, act in the place of such assessor.

5 . The Minister shall appoint a secretary of the board Seeiotary to whose duty it shall be to convene all meetings of the and board, and to keep a record of all proceedings and keep records, decisions of tlie board.

291                  Police Regulation (Appeals) Act.

George V, 6. (1) Any person 'wiio, at the time of tlie decision

No. 33. of the Inspector-General hereinatter in this suhsection

Appeal to

board and	referred to, is a memher of the police force, if dis-
proceduto	satisJied witli any decision of the Inspector-General,
iltereon.	made or given after the commencement of this Act, in regard to the granting or refusal of promotion to him or the imposition upon him, of any punishment rvliere such punishment consists of tlie inlliction of a line, suspension, or reduction, •\viietlier in rank or pay, dismissal, discharge, or transfer, may give notice of appeal from such decision in the prescribed manner : Such notice of appeal shall be given rvitliin thirty days after such decision becomes known to liim.
(2) The secretary sliall refer any such appeal to the hoard, and tlie board shall hear and consider any appeal so referred to it.
Hearing of	(3) Upon any such appeal being referred to the board the chairman shall fix a date and place for the hearing thereof, and shall give at least seven days’ notice to the parties of the date and place of such hearing.
appeal.
(4) The board may, upon the application of cither party, by summons under the hand of the secretary require any person to appear before the board and give evidence or require any person to produce to the board any books, documents, or writings in his possession or under his control.
(5) Upon the hearing of any appeal the board may take eviilence upon oath and the chairman may admit in evidence any statement or document which in his opinion is relevant whether or not such statement or document is legal evidence.
(0) Any Iverson summoned as aforesaid who Avithout reasonable excuse fails to appear before the board or to produce to the board any books, documents, or Avritings, or refuses to give CA’idence, shall he liable to a penalty not exceeding fifty pounds.
(7) The Inspcetor-General shall be entitled to be represented before the board upon the hearing of any ajApeah
(8) The appellant may appear before the board in person, or may nominate any person to appear on his behalf, and any person appearing before the board may call and examine Avitnesses

Police Regulation (Appeals) Act. 295

7 . (1) The chairman shall fonrard to the Inspector- George V,

General a cop.c, certified under the hand of the

chairman, of the evidence taken, together ■with a

statement of the decision of the hoard, or of a majority	'	'
of the board, -where an appeal is heard before tbc chairman and two assessors. If the chairman or any assessor does not agree "witb such decision he may foimmi’d a separate report stating his reasons for dissent­ ing therefrom and making such recommendation as he may think fit.
(2) The Inspector-General shall transmit such decision, evidence, recommendations, and reports, together -with his report and recommendation thereon, to the Minister.
(3) The decision of the board, together with tlie report and recommendation (if any) of any member of the board disagreeing Avith such decision, and the report and recommendation of the Inspector-General, shall be considered by the Minister, Avhose decision shall be final.

8. Notwithstanding anything contained in any other >o appeal

Act, no appeal from a decision, either of the Appeal

Board or of the Minister (or, save as hereinbefore e:\ Q’land

proAuded, from tbe Inspector-General), Avith respect to

any member of tbc police force shall lie or 1)c permitted ko	.̂ 4. '	’
to any court or tilbunal Avhatsoevcr, and no Avrit of prohiliition or mandamus or certiorari shall lie in respect thereof.

9 . The Governor may make regulations— Roguiation.?.

(a) providing for the nomination of assessors ;

■ (b) prescribing the method of appealing and the

procedure of tlie board ;

(c)	providing for tbe payment of salary, fees, and allowances to the chairman, assessors, and secretary ;
(d)	generally to carry out tbe purposes and proAU- sions of and to prescribe the procedure under this Act.

Such regulations shall—■

(i) be published in the Gazette ;

(ii)  take effect from the date of such publication, or from a later date to be specified in the regulations;

(iii)

290 Stock Diseases Act,

George ¥, (iii) be laid l)crore Houses of Parliament Avithin

No. 33. I'ourteiMi days after publication, if Parliament is ill session, and if not, then witliin fourteen

,	days after tlie commencement of the next se-sion. If either House of Parliament passes a I'esolution, ol w liicli notice lias been given, at any time Avitliin lifteeii sitting days after such regulations I u i a u ; lieen laid liefore sucli House di'-alloAving any regulation or part thereof, such regulation or pan shnl I tlu'reupoii cease to liave
('iTeet.