Police Regulation (Appeals) Amendment Act 1947 (NSW)

POLICE REGULATION (APPEALS) AMEND­

MENT ACT.

Act No. 19, 1047.

An Act to amend the Police Regulation (Appeals) Act, 1923-1044, and the Police Regulation Act, 1899-1944, in certain respects; and for purposes connected therewith. [Assented to, 10th November, 1947.] George vr.

BE

154                 Police Regulation (Appeals) Amendment Act.

No. 19, 1947. "^31^ it enacted by the Kind’s Most Excellent Majesty,

JD by and with the advice and consent of the Ix'gds-

lativc Council and Legislative Assembly of New South "Wales in Parliament assembled, and by the authority of the same, as follows :—

1.   (1 ) This Act may be cited as the “ Police Eegula-

citation.

tion (Appeals) Amendment Act, 1 9 4 7 .”

(2) The Police Regulation (Appeals) Act, 1923, as

amended by subsequent Acts and by this Act, may be

cited as the Police Eegulation (Appeals) Act, 1923-1947.

(3) The Police Eegulation Act, 1899, as amended

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

the Police Regulation Act, 1899-1947.

lAmendment	2 .	The Police Regulation (Appeals) Act, 1923-1944,
of Act No.

33,1923.	is amended by inserting next after subsection one of
Sec. 6.	section six the following new subsections:—
(Appeal to

Board.) ( l a )

Notice in writing of any decision of the Com­ missioner for the promotion of any member of the police force other than the member of the police force who, according to the rules governing promo­ tion in such force, is next in seniority for the promotion, shall be served on the member or each of the members of the police force affected thereby as soon as practicable after the decision is made:

Provided that where the Commissioner is unable to effect service of such notice within a period of fourteen days after the decision was made, the Com­ missioner may apply to the chairman of the Board. for directions; and upon such application the chairman may give directions as to the manner of serving such notice or may dispense with service of the notice.

( l b ) a decision of the nature referred to in sub­ section (1 a ) of this section shall not be carried into effect until the expiration of the time for lodging an appeal and, if an appeal is lodged within that time, shall not be carried into effect until the appeal is determined:

Provided

Police Regulation (Appeals) Amendment Act.	155
Provided that where the chairman lias, under sub- ô.	1947.

section (1a) of this section, dispensed with service of the notice, any snch decision may be carried into effect at any time thereafter.

3. The Police Regulation Act, 1899-1944, is amended Amendment

by omitting subsection three of section thirty-three and go, i899.°’

by inserting in lieu thereof the following subsection:— sec. 33.

(3) (a) Before making any recommendation under

this section the Commissioner shall in writing .nice in

intimate to the person to be affected thereby his

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intention to make the recommendation and such

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person may within a period of thirty days from the date of such intimation appeal to the chairman of the

.

Crown Employees Appeal Board constituted under the Crown Employees Appeal Board Act, 1944,

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against such intended recommendation and the chair-

•

man shall have jurisdiction to hear and determine the

appeal.

(b) The decision of the chairman on any such

appeal shall be final and shall be given effect to

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by the Commissioner.

(c) No decision of or proceedings before the

chairman shall be vitiated by reason only of any

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informality or want of form or be liable to be challenged, appealed against, reviewed, quashed or called into question by any court of judicature on

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any account whatsoever.

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(d) No writ of prohibition or certiorari shall

lie in respect of any decision of or proceedings before

the chairman relating to an appeal under this section.

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