Public Service Arbitration Act 1920 (Cth)
PUBLIC SERVICE ARBITRATION ACT 1920
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 289 #DATE 19:12:1973)
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 289 #DATE 19:12:1973)
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - TABLE OF PROVISIONS TABLE
PUBLIC SERVICE ARBITRATION ACT 1920-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Employees in Public Service deemed employees in industry
5. Organizations of less than 100 employees
6. The Arbitrator
7. Deputy Arbitrators
7A. Period of appointment of the Arbitrator
7B. Period of appointment of a Deputy Arbitrator
7C. Remuneration of Arbitrator and Deputy Arbitrators
7D. Preservation of rights of Commonwealth public servants
7E. Preservation of rights of State public servants
8. Removal or suspension of Arbitrator or Deputy Arbitrator
9. Vacation of office
10. Appointment of person to act as Arbitrator
10A. Oath of office
10B. Protection and immunity of Arbitrator and Deputy Arbitrator
11. Transfer of cases from Court to Arbitrator
11A. Limitation on submission of claims to Commission
12. Power of Arbitrator to determine conditions of employment
12A. Arbitrator may refer claim, application or matter to Deputy
Arbitrator
12B. Industrial situation concerning the Public Service
12C. Action that may be taken in respect of industrial situation
12D. Order in relation to industrial situation
12E. Compulsory conference
12F. Concurrence of Arbitrator in orders by Deputy Arbitrator
13. Arbitrator and Deputy Arbitrator to act according to equity and
good conscience
14. Powers of Arbitrator and Deputy Arbitrator
14A. Arbitrator or Deputy Arbitrator may refuse to hear and determine
certain claims, &c.
15. Reference of claim or matter for report
15AA. Continuation of hearing of matters
15A. Reference to the Commission
15B. (Repealed)
15C. Appeals to Commission
15D. Reference and appeal provisions not applicable to consent
determinations
15E. Application of certain provisions to the determinations of the
Commission
15F. Interpretation of determinations
16. Officers to comply with determinations
17. Determination not limited to claim
18. Costs
19. Representation
20. Determinations not to be challenged
20A. References to Arbitrator to include Deputy Arbitrator
21. Determinations to be laid before Parliament
22. Determinations inconsistent with Commonwealth law
22A. Offences
23. Regulations
THE SCHEDULE
Oath or Affirmation
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 1.
Short title.SECT
PUBLIC SERVICE ARBITRATION ACT 1920-1973
An Act relating to the settlement of matters arising out of employment in the Public Service.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Public Service Arbitration Act 1920-1973.*
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 2.
Commencement.SECT
2. This Act shall commence on a date to be fixed by proclamation.*
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 3.
Interpretation.SECT
Amended by No. 80, 1950, s. 13; No. 36, 1952, s. 3; No. 51, 1956, s. 3; No. 104, 1956, s. 3; No. 10, 1969, s. 3; and No. 17, 1972, s. 3.
3. (1) In this Act unless the contrary intention appears-
''Commissioner'' means a Commissioner (including the Senior Commissioner) holding office under the Conciliation and Arbitration Act 1904-1969;
''Conciliator'' means a Conciliator holding office under the Conciliation and Arbitration Act 1904-1969;
''Conditions of employment'' means salaries, wages, rates of pay or other terms or conditions of service or employment;
''Deputy Arbitrator'' means a Deputy Public Service Arbitrator appointed in pursuance of this Act;
''Determination'' includes an order under sub-section (1) of section twelve D, and an order under paragraph (e) of sub-section (1) of section fourteen, of this Act;
''Industrial situation'' means-
(a) the refusal or failure to perform work, including (without limiting the generality of the preceding words of this paragraph) the refusal or failure to perform work in a particular manner, at a particular place or at a particular time or while particular circumstances exist;
(b) the unauthorized interruption, delaying or obstruction of, or any unauthorized limitation on, the performance of work;
(c) the performance of work in an unauthorized manner or at an unauthorized time, being a manner or time so different from the usual manner or time of the performance of that work that there would be a limitation or restriction on, or a tendency to limit or restrict, the amount or volume of work performed or the output or production of work; or
(d) the unauthorized adoption of such a practice in relation to work that there would be a limitation or restriction on, or a tendency to limit or restrict, the amount or volume of work performed or the output or production of work;
''Organization'' means an organization within the meaning of the Conciliation and Arbitration Act 1904-1950;
''Presidential member of the Commission'' has the same meaning as in the Conciliation and Arbitration Act 1904-1956;
''The Arbitrator'' means the Public Service Arbitrator appointed in pursuance of this Act;
''The Board'' means the Public Service Board and includes, in the case of any service not under the Public Service Act 1922-1950, the Permanent or Executive Head of that service;
''The Commission'' means the Commonwealth Conciliation and Arbitration Commission;
''The President'' has the same meaning as in the Conciliation and Arbitration Act 1904-1956;
''The Public Service'' includes the Public Service of the Northern Territory and of the Australian Capital Territory, and the service of any public institution or authority of the Commonwealth, and includes all persons employed in any such service in any capacity, whether permanently or temporarily, and whether under the Public Service Act 1922-1950 or not, but does not include persons employed in the Defence Force only.
Added by No. 17, 1972, s. 3.(2) Conduct is capable of constituting an industrial situation for the purposes of this Act notwithstanding that that conduct relates to part only of the duties that officers or employees are required to perform in the course of their employment.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 4.
Employees in Public Service deemed employees in industry.SECT
Amended by No. 80, 1950, s. 3; and No. 216, 1973, s. 3.
4. Employees in the Public Service, or in any division, class, grade or branch thereof, or in any calling, service, handicraft, occupation, or vocation in the Public Service, or in any division, class, grade, or branch thereof, shall be deemed to be employees in an industry within the meaning of the Conciliation and Arbitration Act 1904-1950.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 5.
Organizations of less than 100 employees.SECT
Amended by No. 80, 1950, s. 3.
5. An association of less than one hundred employees in an industry in the Public Service may be registered under the Conciliation and Arbitration Act 1904-1950 as an organization, if its membership comprises at least three-fifths of all the persons who are employees in that industry in the Public Service.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 6.
The Arbitrator.SECT
Substituted by No. 10, 1969, s. 4.
6. For the purposes of this Act, there shall be a Public Service Arbitrator, who shall be appointed by the Governor-General.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 7.
Deputy Arbitrators.SECT
Substituted by No. 10, 1969, s. 4.
7. For the purposes of this Act, there shall be such Deputy Public Service Arbitrators as the Governor-General appoints.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 7A.
Period of appointment of the Arbitrator.SECT
Inserted by No. 10, 1969, s. 4.
7A. (1) Subject to this Act, a person appointed as the Arbitrator holds office for a period of seven years but is eligible for re-appointment.
(2) A person who has attained the age of sixty-five years shall not be appointed or re-appointed as the Arbitrator.
(3) Subject to this Act, if a person who is appointed or re-appointed as the Arbitrator is at the time more than fifty-eight years of age, he holds office for the period that expires upon his attaining the age of sixty-five years.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 7B.
Period of appointment of a Deputy Arbitrator.SECT
Inserted by No. 10, 1969, s. 4.
7B. (1) Subject to this Act, a person appointed as a Deputy Arbitrator holds office for such period, not exceeding seven years, as is specified in the instrument of his appointment but is eligible for reappointment.
(2) A person who has attained the age of sixty-five years shall not be appointed or re-appointed as a Deputy Arbitrator.
(3) A person shall not be appointed or re-appointed as a Deputy Arbitrator for a period that extends beyond the date on which he will attain the age of sixty-five years.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 7C.
Remuneration of Arbitrator and Deputy Arbitrators.SECT
Inserted by No. 10, 1969, s. 4.
7C.* (1) The Arbitrator shall be paid a salary at the rate of Nineteen thousand five hundred dollars per annum and an annual allowance of One thousand dollars and a Deputy Arbitrator shall be paid a salary at the rate of Eleven thousand eight hundred and fifty dollars per annum, and the Consolidated Revenue Fund is appropriated accordingly.
(2) A person appointed as the Arbitrator or as a Deputy Arbitrator shall be paid such allowances in respect of travelling expenses as the Minister determines.
(3) If the Arbitrator or a Deputy Arbitrator is a Commissioner or a Conciliator, he is not entitled to receive any salary or allowances in respect of his office of Commissioner or Conciliator, but his holding of that office is not otherwise affected by reason of his holding office as the Arbitrator or a Deputy Arbitrator.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 7D.
Preservation of rights of Commonwealth public servants.SECT
Inserted by No. 10, 1969, s. 4.
7D.* (1) If a person appointed as the Arbitrator or a Deputy Arbitrator was, immediately before his appointment-
(a) a person to whom sub-section (1) of section twelve of the Conciliation and Arbitration Act 1904-1969 (including that subsection as applying by virtue of section twenty of that Act) applied; or
(b) an officer of the Public Service of the Commonwealth,
he retains his existing and accruing rights and, for the purpose of determining those rights, his service as the Arbitrator or a Deputy Arbitrator shall be taken into account as if it were service in the Public Service of the Commonwealth.
(2) If a person appointed as the Arbitrator-
(a) was, immediately before his appointment, a Deputy Arbitrator; and
(b) was, immediately before his appointment as a Deputy Arbitrator-
(i) a person to whom sub-section (1) of section twelve of the Conciliation and Arbitration Act 1904-1969 (including that sub-section as applying by virtue of section twenty of that Act) applied; or
(ii) an officer of the Public Service of the Commonwealth,
he retains his existing and accruing rights and, for the purpose of determining those rights, his service as the Arbitrator shall be taken into account as if it were service in the Public Service of the Commonwealth.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 7E.
Preservation of rights of State public servants.SECT
Inserted by No. 10, 1969, s. 4.
7E. (1) If a person appointed as the Arbitrator or a Deputy Arbitrator was, immediately before his appointment-
(a) a person to whom sub-section (2) of section twelve of the Conciliation and Arbitration Act 1904-1969 (including that subsection as applying by virtue of section twenty of that Act) applied; or
(b) an officer of the Public Service of a State,
he retains his existing and accruing rights other than rights in respect of superannuation.
(2) If a person appointed as the Arbitrator-
(a) was, immediately before his appointment, a Deputy Arbitrator; and
(b) was, immediately before his appointment as a Deputy Arbitrator-
(i) a person to whom sub-section (2) of section twelve of the Conciliation and Arbitration Act 1904-1969 (including that sub-section as applying by virtue of section twenty of that Act) applied; or
(ii) an officer of the Public Service of a State,
he retains his existing and accruing rights other than rights in respect of superannuation.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 8.
Removal or suspension of Arbitrator or Deputy Arbitrator.SECT
Sub-section (1) amended by No. 10, 1969, s. 5.
8. (1) The Governor-General may remove the Arbitrator or a Deputy Arbitrator from office on an address praying for his removal on the ground of proved misbehaviour or incapacity being presented to the Governor-General by the Senate and the House of Representatives respectively in the same session of the Parliament.
Amended by No. 10, 1969, s. 5.(2) The Governor-General may suspend the Arbitrator or a Deputy Arbitrator from office for misbehaviour or incapacity.
(3) A full statement of the grounds of suspension shall be laid before both Houses of the Parliament within seven days after the suspension, if the Parliament is then sitting, or, if the Parliament is not then sitting, within seven days after the next meeting of the Parliament.
Amended by No. 10, 1969, s. 5.(4) The Arbitrator or Deputy Arbitrator shall be restored to office unless each House of the Parliament within forty days after the statement has been laid before it, and in the same session, passes an address praying for his removal on the grounds of proved misbehaviour or incapacity.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 9.
Vacation of office.SECT
Substituted by No. 10, 1969, s. 6.
9. (1) If a person appointed as the Arbitrator or as a Deputy Arbitrator-
(a) engages in paid employment outside the duties of his office;
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(c) becomes permanently incapable of performing his duties; or
(d) except on leave granted by the Minister, absents himself from duty for fourteen consecutive days or for twenty-eight days in any twelve months,
the Governor-General may terminate his appointment by notice in the Gazette.
(2) A person appointed as the Arbitrator or as a Deputy Arbitrator may resign his office by writing under his hand delivered to the Governor-General.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 10.
Appointment of person to act as Arbitrator.SECT
Substituted by No. 10, 1969, s. 6.
10. (1) Where the Arbitrator is, or is expected to be, absent from duty or is suspended from office, or where there is a vacancy in the office of the Arbitrator, the Governor-General may appoint a person, upon such terms and conditions as the Governor-General determines, to act in the office of the Arbitrator during the absence or suspension or until a person is appointed as the Arbitrator, as the case may be.
(2) The Governor-General may at any time terminate an appointment under this section.
(3) A person appointed under this section may resign his appointment by writing under his hand delivered to the Governor-General.
(4) A person appointed under this section has all the powers and functions conferred on, and shall perform all the duties imposed on, the Arbitrator by this Act.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 10A.
Oath of office.SECT
Inserted by No. 10, 1969, s. 6; amended by No. 216, 1973, s. 3.
10A. A person appointed to, or to act in, an office under this Act shall, before proceeding to discharge the duties of that office, take before a Judge of the Commonwealth Industrial Court or a Judge of the Supreme Court of a State or Territory an oath or affirmation in accordance with the form in the Schedule to this Act.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 10B.
Protection and immunity of Arbitrator and Deputy Arbitrator.SECT
Inserted by No. 10, 1969, s. 6.
10B. A person appointed to, or to act in, an office under this Act has, in the performance of the functions and duties of that office, the same protection and immunity as a Judge of the Commonwealth Industrial Court.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 11.
Transfer of cases from Court to Arbitrator.SECT
Sub-section (1) omitted by No. 104, 1956, s. 4; sub-sections (2) and (3) omitted by No. 45, 1934, s. 2.
11. * * * * * * *
Amended by No. 51, 1956, s. 5.(4)* For the purposes of this Act all awards and orders made by the Commonwealth Court of Conciliation and Arbitration under the Arbitration (Public Service) Act 1911, whether before or after the commencement of this Act, shall be deemed to be determinations made by the Arbitrator under this Act.
(5) Any reference in any Act to the Arbitration (Public Service) Act 1911 shall be read as a reference to this Act.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 11A.
Limitation on submission of claims to Commission.SECT
Inserted by No. 104, 1956, s. 5.
11A. (1) Subject to the next succeeding sub-section, an organization of employees in the Public Service is not entitled to submit to the Commission a claim relating to conditions of employment of members of the organization.
Amended by No. 10, 1969, s. 7.(2)* An organization of employees in the Public Service may submit such a claim to the Commission-
(a) with the consent of the Arbitrator; or
(b) where, in pursuance of section fourteen A of this Act, the Arbitrator or a Deputy Arbitrator has (otherwise than on the ground of triviality) refrained from hearing, or from further hearing, or from determining the claim.
(3) The Arbitrator shall not give his consent under paragraph (a) of the last preceding sub-section unless, in his opinion, the claim is one that he would, in pursuance of section fourteen A of this Act, be likely to refrain from hearing, or from further hearing, or from determining (otherwise than on the ground of triviality).
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 12.
Power of Arbitrator to determine conditions of employment.SECT
Sub-section (1) substituted by No. 104, 1956, s. 6.
12. (1) Subject to this Act, the Arbitrator shall determine all matters submitted to him relating to conditions of employment of officers and employees of the Public Service.
Substituted by No. 104, 1956, s. 6.(2) An organization is entitled to submit to the Arbitrator by memorial any claim relating to the conditions of employment of members of the organization.
Amended by No. 80, 1950, s. 3.(3) The Arbitrator shall forward a copy of the claim to the Board, and to the Minister of any Department of State affected by the claim.
Amended by No. 80, 1950, s. 3.(4) The Board and the Minister of any Department of State affected by the claim may within the prescribed time lodge, either jointly or separately, any objections they see fit to make to the granting of the claim.
Amended by No. 80, 1950, s. 3.(5) If any objection is lodged, the Arbitrator shall call a conference, to be presided over by himself, of representatives of the organization and of the Board and of any Minister who has lodged objections to the granting of the claim, and following upon such conference shall, after hearing such evidence (if any) in respect of such matters as have not been agreed to at the conference, as the Arbitrator thinks necessary, determine the claim.
(6) If no objection is lodged, the Arbitrator shall determine the claim in favour of the claimant organization.
Amended by No. 80, 1950, s. 3.(7) The Board, or the Minister of any Department of State or any organization affected by any determination of the Arbitrator, may submit to the Arbitrator an application to vary the determination wholly or in part. The Arbitrator shall forward a copy of the application to the organization affected by the application, and to the Minister of the Department of State affected if the application to vary has been made by the Board, or to the Board if the application to vary has been made by the Minister of the Department affected, or to the Board and the Minister of the Department affected by the application, if the application to vary has been made by an organization.
(8) Any organization or person to which or to whom the Arbitrator has, in pursuance of the last preceding sub-section, forwarded a copy of the application to vary may within the prescribed time lodge any objections it or he sees fit to make to the granting of the application.
(9) If any objection is lodged, the Arbitrator shall call a conference as provided in sub-section (5) of this section, and thereupon the provision of that sub-section shall apply in like manner as if the application to vary the determination were a claim within the meaning of that sub-section.
Amended by No. 80, 1950, s. 3.(10) If no objection is lodged, the Arbitrator shall determine the application in favour of the organization or the Board or the Minister, as the case may be.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 12A.
Arbitrator may refer claim, application or matter to Deputy Arbitrator.SECT
Inserted by No. 10, 1969, s. 8.
12A. (1) The Arbitrator may refer to a Deputy Arbitrator a claim, application or matter submitted to the Arbitrator under the last preceding section.
(2) Subject to the next succeeding sub-section, a Deputy Arbitrator to whom a claim, application or matter has been so referred shall hear and determine that claim, application or matter in the manner provided by this Act for the hearing and determination of claims, applications or matters by the Arbitrator.
(3) Before determining a claim, application or matter referred to him under this section, a Deputy Arbitrator shall consult with the Arbitrator as to the determination that he proposes to make and, if the Arbitrator does not concur with the proposed determination, the Arbitrator shall withdraw the reference and shall, after such further hearing (if any) as he thinks necessary, himself determine the claim, application or matter.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 12B.
Industrial situation concerning the Public Service.SECT
Inserted by No. 17, 1972, s. 4.
12B. Sections twelve C to twelve F, inclusive, of this Act apply in relation to an industrial situation only to the extent, if any, to which officers or employees of the Public Service are concerned in or affected by, or are likely to be concerned in or affected by, that industrial situation or would, upon the occurrence of that industrial situation, be likely to be so concerned or affected.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 12C.
Action that may be taken in respect of industrial situation.SECT
Inserted by No. 17, 1972, s. 4.
12C. (1) Where-
(a) it appears to a Minister or to the Board that an industrial situation exists or is likely to occur; or
(b) it appears to an officer of an organization that-
(i) an industrial situation exists in which members of the organization are, or are likely to be, concerned; or
(ii) an industrial situation is likely to occur in which members of the organization would be likely to be concerned,
the Minister, the Board or the organization, as the case may be, may give a notice in writing to the Arbitrator informing him accordingly and making an application that he exercise his powers under the next succeeding section.
(2) Where a notice has been duly given to the Arbitrator under the last preceding sub-section, the Arbitrator shall send a copy of the notice-
(a) to the Minister (other than the Minister who gave the notice) of each Department of State that appears to the Arbitrator to be a Department that is, or is likely to be, affected by the industrial situation or would, upon the occurrence of the industrial situation, be likely to be so affected;
(b) if the notice was not given by the Board-to the Board; and
(c) to every organization that appears to the Arbitrator to be an organization members of which are, or are likely to be, concerned in or affected by the industrial situation or would, upon the occurrence of the industrial situation, be likely to be so concerned or affected.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 12D.
Order in relation to industrial situation.SECT
Inserted by No. 17, 1972, s. 4.
12D. (1) Where the Arbitrator has been informed under the last preceding section of the existence or likely occurrence of an industrial situation, the Arbitrator or a Deputy Arbitrator-
(a) shall forthwith call a conference of representatives of the Board, of the Minister of any Department of State that is, or is likely to be, affected by the existence of the situation or would, upon the occurrence of the situation, be likely to be so affected, of any organization members of which are, or are likely to be, concerned in or affected by the situation or would, upon the occurrence of the situation, be likely to be so concerned or affected and of any other person whose presence at the conference the Arbitrator or Deputy Arbitrator considers to be desirable; and
(b) may, subject to the next succeeding sub-section, after hearing such evidence (if any) as he thinks fit, make such orders as he thinks necessary or desirable for putting an end to, or preventing the occurrence of, the situation or preventing the occurrence of further industrial situations or such other orders as he thinks necessary or desirable by reason of the existence or likely occurrence of the situation.
(2) The orders that may be made under the last preceding sub-section are-
(a) orders relating to conditions of employment of officers or employees (whether members of an organization or not) who are concerned in or affected by, or are likely to be concerned in or affected by, the industrial situation; or
(b) orders directing the cessation of conduct that constitutes, or encourages the continuation of, the industrial situation or prohibiting the engaging in conduct that would constitute or bring about the industrial situation.
(3) An order under sub-section (1) of this section may be made binding on an organization members of which are concerned in the industrial situation or, upon the occurrence of the industrial situation, would be so concerned or on some or all of the members of such an organization, or both on such an organization and on some or all of its members.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 12E.
Compulsory conference.SECT
Inserted by No. 17, 1972, s. 4.
12E. (1) For the purpose of putting an end to, or preventing the occurrence of, an industrial situation, the Arbitrator or a Deputy Arbitrator may direct a person to attend, at a time and place specified in the direction, at a conference presided over by the Arbitrator or a Deputy Arbitrator.
(2) A direction under the last preceding sub-section may be given orally, in writing signed by the Arbitrator or Deputy Arbitrator or by telegram sent by the Arbitrator or Deputy Arbitrator.
(3) A direction under sub-section (1) of this section may be given to any person whose presence at the conference the Arbitrator or Deputy Arbitrator thinks is likely to conduce to putting an end to, or preventing the occurrence of, the industrial situation.
(4) A person directed under sub-section (1) of this section shall attend the conference and continue his attendance at the conference as directed by the Arbitrator or a Deputy Arbitrator.
Penalty: One thousand dollars.
(5) The conference shall be held in private except to such extent (if any) as the Arbitrator or a Deputy Arbitrator directs that it be held in public.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 12F.
Concurrence of Arbitrator in orders by Deputy Arbitrator.SECT
Inserted by No. 17, 1972, s. 4.
12F. A Deputy Arbitrator shall not make an order under sub-section (1) of section twelve D of this Act relating to conditions of employment unless the Arbitrator concurs in the making of the order.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 13.
Arbitrator and Deputy Arbitrator to act according to equity and good
conscience.SECT
Sub-section (1) amended by No. 10, 1969, s. 9.
13. (1) In relation to every claim or application made to him in pursuance of this Act, the Arbitrator or a Deputy Arbitrator shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms, and shall not be bound by any rules of evidence, but may inform his mind on any matter in such manner as he thinks fit.
Amended by No. 80, 1950, s. 3; and No. 10, 1969, s. 9.(2) The Arbitrator or a Deputy Arbitrator shall, at the request of the organization which has submitted a claim or application, or of the Board, or of the Minister of any Department of State who has submitted an application or who is affected by the claim or application of the organization, and may, without such request, appoint two assessors to advise him in relation to the claim or application, and the assessors shall discharge such duties as are directed by the Arbitrator or the Deputy Arbitrator or as are prescribed.
Amended by No. 80, 1950, s. 3.(3) One of the assessors shall be a person nominated by the organization, and the other a person nominated jointly by the Board and the Minister of each Department of State affected by the claim or application, or, in default of such nomination, appointed by the Governor-General.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 14.
Powers of Arbitrator and Deputy Arbitrator.SECT
Sub-section (1) amended by No. 36, 1952, s. 4; and No. 10, 1969, s. 10.
14. (1) For the purposes of this Act, the Arbitrator shall have power as regards any claim or application submitted to him under this Act-
(a) to vary any determination, and to re-open any question;
(b) to summon any witness before him, and to compel the production before him of books, documents and things for the purpose of reference to such matters only as relate to the matter of the claim or application;
(c) to take evidence on oath or affirmation, such evidence unless otherwise ordered by the Arbitrator for reasons affecting the public interest to be taken in public;
(d) to allow the amendment of the claim or application;
(da) to make a determination affecting a person who, or an organization that, has not been represented in the proceedings but has been given an opportunity of being so represented;
(e) to declare by any order that any term of a determination shall, subject to such conditions, exceptions and limitations as are declared in the order, be a common rule of the Public Service or of any branch or part of the Public Service:
Provided that before any common rule is so declared, the Arbitrator shall by notification published in the Gazette and in such other publications, if any, as the Arbitrator directs specifying the matter in relation to which it is proposed to declare a common rule, make known that all persons and organizations interested and desirous of being heard may, on or before a day named, appear or be represented before the Arbitrator; and the Arbitrator shall, in manner prescribed, hear all such persons and organizations so appearing or represented; and
(f) generally to give all such directions and do all such things as the Arbitrator deems necessary or expedient in the premises.
Inserted by No. 10, 1969, s. 10.(1A) Subject to sub-section (3) of section twelve A of this Act, a Deputy Arbitrator has, in relation to a claim, application or matter that he is hearing under this Act, the powers conferred on the Arbitrator by the last preceding sub-section other than the power referred to in paragraph (e) of that sub-section.
Amended by No. 93, 1966, s. 3.(2) Any person who, on being summoned as a witness, refuses or fails, without lawful excuse, and after tender of reasonable expenses, to appear in obedience to the summons, or refuses or fails without lawful excuse to be sworn or to make an affirmation or to produce books documents and things which he is lawfully required to produce, or to answer questions which he is lawfully required to answer, shall be guilty of an offence.
Penalty: One hundred dollars.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 14A.
Arbitrator or Deputy Arbitrator may refuse to hear and determine certain
claims, &c.SECT
Substituted by No. 104, 1956, s. 7; amended by No. 10, 1969, s. 11.
14A. The Arbitrator, or a Deputy Arbitrator acting with the concurrence of the Arbitrator, may refrain from hearing, or from further hearing, or from determining a claim or application made to him under this Act, or a matter forming part of or arising out of such a claim or application, if it appears to the Arbitrator or the Deputy Arbitrator that, on any ground, including any of the following grounds, it is unnecessary or undesirable in the public interest to deal with the claim, application or matter:-
(a) that the subject-matter of the claim or application, or the matter, is trivial;
(b) that the subject-matter of the claim or application, or the matter, has been dealt with, is being dealt with or is proper to be dealt with by another industrial authority;
(c) that conditions of employment of employees in respect of whom the claim or application is made have previously been dealt with by another industrial authority;
(d) that conditions of employment of employees in respect of whom the claim or application is made should be, or continue to be, dealt with by another industrial authority, being an authority which has already dealt with, deals with, will be dealing with or is available to deal with the conditions of employment of persons who are not employees in the Public Service but are engaged in similar work; or
(e) that conditions of employment of employees in respect of whom the claim or application is made should be, or continue to be, the same as the conditions of employment provided by an award, order, decision or determination of another industrial authority in respect of the employment of persons who are not employed in the Public Service but are engaged in similar work, being conditions of employment which the Arbitrator or the Deputy Arbitrator is satisfied are being, will be or will continue to be applied to the employees in respect of whom the claim or application is made.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 15.
Reference of claim or matter for report.SECT
15. The Arbitrator may refer any claim or application submitted to him under this Act, or any matter arising out of the claim or application, to a person authorized by the Governor-General in that behalf, for investigation and report, and may delegate to that person such of his powers (other than the power to determine the claim or application) as he deems desirable; and the Arbitrator may, on the report, with or without hearing further evidence or argument, or both, determine the claim or application.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 15AA.
Continuation of hearing of matters.SECT
Inserted by No. 10, 1969, s. 12.
15AA. (1) If the hearing of a matter has been commenced before the Arbitrator and, before the matter has been determined, the Arbitrator has become unable to continue to hear the matter, whether by reason of illness, suspension from office or otherwise, or has ceased to be the Arbitrator, whether by death or otherwise, the matter, or so much of the matter as has not been determined, may be heard and determined-
(a) where the Arbitrator has become unable to continue to hear the matter-
(i) by a person appointed to act in the office of the Arbitrator;
(ii) except in a case where the Arbitrator has been suspended from office-by a Deputy Arbitrator nominated by the Arbitrator; or
(iii) by a Deputy Arbitrator nominated by a person appointed to act in the office of the Arbitrator; or
(b) where the Arbitrator has ceased to be the Arbitrator-
(i) by a person subsequently appointed as the Arbitrator;
(ii) by a person appointed to act in the office of the Arbitrator; or
(iii) by a Deputy Arbitrator nominated by a person referred to in either of the last two preceding sub-paragraphs.
(2) If the hearing of a matter has been commenced before a Deputy Arbitrator and, before the matter has been determined, the Deputy Arbitrator has become unable to continue to hear the matter, whether by reason of illness, suspension from office or otherwise, or has ceased to be a Deputy Arbitrator, whether by death or otherwise, the Arbitrator or another Deputy Arbitrator nominated by the Arbitrator may hear and determine the matter, or so much of the matter as has not been determined.
(3) A person who continues the hearing of a matter or a part of a matter in pursuance of this section shall have regard to the evidence given, the arguments adduced and any order or determination made during the previous hearing.
(4) Sub-section (3) of section twelve A of this Act applies in relation to the determination under this section by a Deputy Arbitrator of a matter or part of a matter to which section twelve of this Act applies as if the matter or part of a matter had been referred to that Deputy Arbitrator under sub-section (1) of section twelve A of this Act.
(5) In this section, ''matter'' means a claim or application under this Act or a matter forming part of or arising out of such a claim or application.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 15A.
Reference to the Commission.SECT
Substituted by No. 51, 1956, s. 6.
Sub-section (1) amended by No. 41, 1959, s. 3.
15A.* (1) In this section, ''the Commission'' means the Commission constituted by presidential members of the Commission nominated by the President to the number of at least two and the Arbitrator.
(2) For the purposes of the constitution of, and the exercise of functions by, the Commission under this section, the Arbitrator shall be deemed to be a member of the Commission.
Amended by No. 41, 1959, s. 3; and No. 17, 1972, s. 5.(3) The Arbitrator shall, upon request made as provided by the next succeeding sub-section, on the ground that a claim or application, or a matter forming part of or arising out of a claim or application (including a question whether a term of a determination should be a common rule, and, if so, whether the common rule should be a common rule of the Public Service or of any branch or part of the Public Service), is of such importance that the claim, application or matter should, in the public interest, be dealt with as provided by this section, consult with the President as to whether the claim, application or matter should be so dealt with.
Substituted by No. 17, 1972, s. 5.(4) A request under the last preceding sub-section may be made by-
(a) the Board;
(b) a Minister by whom the application was made or who is affected by the claim, application or matter;
(c) an organization by which the claim or application was submitted or made or that is affected by the claim, application or matter; or
(d) if the application was made under section twelve C of this Act in relation to an industrial situation that exists or is likely to occur-an organization members of which are concerned in or affected by the industrial situation or would, upon the occurrence of the industrial situation, be likely to be so concerned or affected.
Amended by No. 41, 1959, s. 3; and No. 17, 1972, s. 5.(5) If the President, having regard to the reasons for the request, is of opinion that the claim, application or matter should, in the public interest, be dealt with as provided by this section, he may direct accordingly.
Amended by No. 41, 1959, s. 3.(6) Where the President so directs, the Commission shall, subject to the next succeeding sub-section, hear and determine the claim, application or matter and for that purpose may have regard to any evidence given and any arguments adduced in relation to the claim, application or matter before the Commission commenced to hear the claim, application or matter and may make such determination as might have been made by the Arbitrator.
Substituted by No. 10, 1969, s. 13.(7) Where a claim, application or matter has been referred to the Commission under this section-
(a) the Commission may refer the claim, application or matter back to the Arbitrator or, if the claim, application or matter had been heard by a Deputy Arbitrator, to the Arbitrator or to that Deputy Arbitrator, who shall hear and determine it; or
(b) the Commission may refer a matter forming part of, or arising out of, the claim, application or matter back to the Arbitrator or, if the claim, application or matter had been heard by a Deputy Arbitrator, to the Arbitrator or to that Deputy Arbitrator, and, in that case-
(i) the Arbitrator or Deputy Arbitrator shall hear and determine the matter referred back; and
(ii) the Commission shall hear and determine the claim, application or matter with the exception of the matter referred back to the Arbitrator or Deputy Arbitrator.
Omitted by No. 41, 1959, s. 3; inserted by No. 10, 1969, s. 13.(8) In relation to the determination under the last preceding sub-section of a claim, application or matter to which section twelve of this Act applies-
(a) where the claim, application or matter was referred back to the Arbitrator-section twelve A of this Act applies; and
(b) where the claim, application or matter was referred back to a Deputy Arbitrator-sub-section (3) of section twelve A of this Act applies as if the claim, application or matter had been referred to that Deputy Arbitrator under sub-section (1) of section twelve A of this Act.
Amended No. 41, 1959, s. 3; and No. 10, 1969, s. 13.(9) The Commission has, in relation to a claim, application or matter before it under this section, the same powers, duties and functions as the Arbitrator has in relation to a claim or application submitted to him under this Act, and, for the purpose of the exercise by the Commission of the powers of the Arbitrator under section fifteen of this Act, the presidential members of the Commission and the Arbitrator shall be deemed to be persons authorized by the Governor-General for the purposes of that section.
Added by No. 41, 1959, s. 3; amended by No. 10, 1969, s. 13.(10) At any time before the Commission has been constituted under this section for the purpose of hearing and determining a claim, application or matter in respect of which the President has, whether before or after the commencement of this sub-section, given a direction under this section, the President may (if, after taking account of any views expressed by the Board or any Minister or organization concerned in the claim or application, he considers that it is desirable so to do for the purpose of facilitating the hearing and determination of the claim, application or matter by the Commission) exercise the power that, if the Commission were so constituted, the Commission would have under section fifteen of this Act to refer the claim, application or matter to a person for investigation and report and to delegate its powers to that person, but the President shall not, by virtue of this sub-section, refer a claim, application or matter to any person other than the Arbitrator or a presidential member of the Commission.
Section 15B repealed by No. 51, 1956, s. 6.
* * * * * * * *
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 15C.
Appeals to Commission.SECT
Substituted by No. 51, 1956, s. 6.
Sub-section (1) amended by No. 41, 1959, s. 4.
15C.* (1) In this section, '' the Commission '' means the Commission constituted by presidential members of the Commission nominated by the President to the number of at least three.
Amended by No. 10, 1969, s. 14.(2) An appeal lies to the Commission against a determination made by the Arbitrator or a Deputy Arbitrator.
(3) An appeal does not lie under the last preceding sub-section unless, in the opinion of the Commission, the determination deals with a matter of such importance that, in the public interest, an appeal should lie.
(4) An appeal under this section-
(a) shall be made within fourteen days after the date of the determination appealed against; and
(b) may be made by-
(i) the Board;
(ii) a Minister affected by the determination; or
(iii) an organization affected by the determination.
(5) Where an appeal has been instituted under this section, the Commission may, on such terms and conditions as it thinks fit, make an order that the operation of the whole or a part of the determination under appeal be stayed pending the determination of the appeal or until further order of the Commission.
Amended by No. 10, 1969, s. 14.(6) Upon the hearing of an appeal under this section, the Commission may-
(a) admit further evidence; and
(b) direct the Arbitrator or, if the appeal is against a determination of a Deputy Arbitrator, the Arbitrator or that Deputy Arbitrator to furnish a report to the Commission with respect to such matter as the Commission specifies,
and shall-
(c) make a determination confirming, quashing or varying the determination under appeal; or
(d) make a determination dealing with the subject-matter of the determination under appeal.
Amended by No. 10, 1969, s. 14.(7) Where, in pursuance of paragraph (b) of the last preceding sub-section, the Commission directs the Arbitrator or a Deputy Arbitrator to furnish a report, the Arbitrator or Deputy Arbitrator shall, after making such investigation (if any) as is necessary, furnish a report accordingly.
(8) The provisions of this Act relating to the hearing and determination of claims submitted to the Arbitrator under this Act extend to the hearing and determination of an appeal under this section.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 15D.
Reference and appeal provisions not applicable to consent determinations.SECT
Substituted by No. 51, 1956, s. 6.
15D. The last two preceding sections do not apply to a determination made under sub-section (6) or (10) of section twelve of this Act.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 15E.
Application of certain provisions to the determinations of the Commission.SECT
Substituted by No. 51, 1956, s. 6.
15E. Subject to sub-section (2B) of section twenty-one of this Act, the provisions of this Act (other than the provisions of sections fifteen A and fifteen C) which apply to and in relation to determinations made by the Arbitrator apply to and in relation to determinations made by the Commission under this Act and, in the application of those provisions to determinations made by the Commission, references to the Arbitrator shall be read as references to the Commission.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 15F.
Interpretation of determinations.SECT
Substituted by No. 51, 1956, s. 6.
15F. (1) The Arbitrator may give an interpretation of a determination made under this Act.
(2) The Arbitrator may, if he thinks fit, refer an application for the interpretation of a determination to the Commission and the Commission constituted by a presidential member of the Commission may give an interpretation of the determination.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 16.
Officers to comply with determinations.SECT
Amended by No. 80, 1950, s. 3; and No. 10, 1969, s. 15.
16. The Board, and the Permanent Heads and Chief Officers of the several Departments of State, and all persons in the Public Service, shall comply with the provisions of any determination of the Arbitrator or a Deputy Arbitrator made under this Act.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 17.
Determination not limited to claim.SECT
Amended by No. 10, 1969, s. 16.
17. In making any determination under this Act, the Arbitrator, or a Deputy Arbitrator acting with the concurrence of the Arbitrator, shall not be restricted to the specific claims made or to the subject matter of the claim, but may include in the determination any matter or thing which the Arbitrator or the Deputy Arbitrator thinks necessary in the interests of the public or of the Public Service.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 18.
Costs.SECT
Amended by No. 10, 1969, s. 17.
18. No costs shall be allowed in respect of any proceedings under this Act other than proceedings in respect of offences against this Act.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 19.
Representation.SECT
Substituted by No. 2, 1955, s. 6.
19. (1) Subject to this section, a person or organization shall not be represented in proceedings under this Act by counsel or solicitor.
(2) The last preceding sub-section does not prevent the representation, in proceedings under this Act-
(a) of an organization by-
(i) a member or officer of that organization; or
(ii) a member or officer of another organization who is representing that other organization in proceedings being heard at the same time as the first-mentioned proceedings;
(b) of a Minister by-
(i) an officer of the Public Service Board; or
(ii) an officer of the Public Service of the Commonwealth who is employed in the Department administered by the Minister;
(c) of the Public Service Board by an officer of the Public Service Board; or
(d) of a public institution or authority of the Commonwealth by-
(i) a person employed by that public institution or authority; or
(ii) an officer of the Public Service Board.
Substituted by No. 51, 1956, s. 7.(3) In proceedings under this Act before the Commission, a person or organization may be represented by counsel or solicitor-
(a) by leave of the Commission and with the consent of all parties to the proceedings; or
(b) by leave of the Commission, granted upon application made by a party to the proceedings, on the ground that, having regard to the subject-matter of the proceedings, there are special circumstances which make it desirable that the parties and interveners may be so represented.
(4) In this section, ''officer of the Public Service Board'' means an officer of the Public Service of the Commonwealth who is employed under the direct control of the Public Service Board.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 20.
Determinations not to be challenged.SECT
Amended by No. 36, 1952, s. 6; and No. 10, 1969, s. 18.
20. Subject to section fifteen C of this Act, no determination of the Arbitrator or a Deputy Arbitrator made under this Act shall be challenged, appealed against, reviewed, quashed, or called in question, or be subject to prohibition or mandamus, in any Court on any account whatever.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 20A.
References to Arbitrator to include Deputy Arbitrator.SECT
Inserted by No. 10, 1969, s. 19.
20A. References in the next two succeeding sections to the Arbitrator shall be read as including references to a Deputy Arbitrator.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 21.
Determinations to be laid before Parliament.SECT
Sub-section (1) substituted by No. 10, 1969, s. 20.
21. (1) Subject to this Act, a determination of the Arbitrator shall come into operation upon such date as the Arbitrator specifies in the determination.
Substituted by No. 51, 1956, s. 8.(2) When a determination has been made by the Arbitrator under this Act, the Arbitrator shall send a certified copy of the determination to the Prime Minister and to the Attorney-General forthwith after the time for instituting an appeal against the determination has elapsed.
Substituted by No. 51, 1956, s. 8; amended by No. 104, 1956, s. 8.(2A) If an appeal against the determination is instituted, the Arbitrator shall send a certified copy of the determination to the Prime Minister and to the Attorney-General-
(a) forthwith after the commencement of the hearing of the appeal; or
(b) if an order has been made that the operation of the whole of the determination be stayed-forthwith after the stay has ceased to operate.
Substituted by No. 51, 1956, s. 8.(2B) When a determination has been made by the Commission under this Act, the Commission shall forthwith send a certified copy of the determination to the Prime Minister and to the Attorney-General.
Substituted by No. 216, 1973, s. 3.(3) The Prime Minister shall cause the determination to be laid before each House of the Parliament within 14 sitting days of that House after its receipt by him.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 22.
Determinations inconsistent with Commonwealth law.SECT
Sub-section (1) substituted by No. 104, 1956, s. 9.
22. (1) The Arbitrator may make a determination which is not in accord with an award or order of the Commonwealth Court of Conciliation and Arbitration or of the Commission, but, except as provided by this section, is not empowered to make a determination which is not in accord with a law of the Commonwealth.
Substituted by No. 104, 1956, s. 9; amended by No. 216, 1973, s. 3.(2) The Arbitrator may, where he thinks it proper to do so, make a determination that, in his opinion, is not, or may not be, in accord with a law of the Commonwealth relating to conditions of employment of employees in the Public Service, not being-
(a) the Compensation (Australian Government Employees) Act 1971-1973, the Commonwealth Employees' Furlough Act 1943-1953 or the Superannuation Act 1922-1956; or
(b) any other prescribed Act or the prescribed provisions of any other Act.
Inserted by No. 104, 1956, s. 9.(2A) In that case, the Arbitrator shall send to the Prime Minister and to the Attorney-General, with the certified copy of the determination, a statement of the laws of the Commonwealth with which, in his opinion, the determination is not, or may not be, in accord.
Substituted by No. 216, 1973, s. 3.(3) The Prime Minister shall cause the determination and the statement (if any) of the Arbitrator to be laid before each House of the Parliament within 14 sitting days of that House after its or their receipt by him.
Substituted by No. 104, 1956, s. 9; amended by No. 216, 1973, s. 3.(4) If, before a determination is laid before the Parliament under the last preceding section or under this section, the Attorney-General advises the Prime Minister that, in his opinion, the determination is not in accord with a law of the Commonwealth referred to in the opinion, the Prime Minister shall cause the opinion to be laid, together with the determination, before each House of the Parliament.
Amended by No. 10, 1969, s. 21; and No. 216, 1973, s. 3.(5) If, in the case of a determination accompanied by such a statement of the Arbitrator, or opinion of the Attorney-General, as is above referred to, either House of the Parliament, within thirty days after the determination with the statement or opinion has been laid before that House, passes a resolution disapproving the determination, then-
(a) if the determination has not come into operation-the determination shall not come into operation; or
(b) if the determination has come into operation-the determination shall not have any force or effect from and including the date on which the resolution was passed.
Substituted by No. 36, 1952, s. 8; amended by No. 51, 1956, s. 9; No. 10, 1969, s. 21; and No. 216, 1973, s. 3.(6) Notwithstanding the provisions of the last preceding sub-section, where an order has been made that the operation of a part of the determination be stayed-
(a) either House of the Parliament may, within thirty days after the determination with the statement or opinion has been laid before that House, pass a resolution disapproving the part of the determination the operation of which has not been stayed, and, in that event-
(i) if that part of the determination has not come into operation-that part of the determination shall not come into operation; or
(ii) if that part of the determination has come into operation-that part of the determination shall not have any force or effect from and including the date on which the resolution was passed; and
(b) either House of the Parliament may, within thirty days after the next meeting of that House after the stay has ceased to operate, pass a resolution disapproving the part of the determination the operation of which was stayed, and, in that event-
(i) if that part of the determination has not come into operation-that part of the determination shall not come into operation; or
(ii) if that part of the determination has come into operation-that part of the determination shall not have any force or effect from and including the date on which the resolution was passed.
Added by No. 36, 1952, s. 8; amended by No. 2, 1955, s. 8; No. 104, 1956, s. 9; and No. 10, 1969, s. 21.(7) Subject to the last two preceding sub-sections and to the Constitution, a determination or part of a determination that has come into operation has full force and effect, notwithstanding the provisions of any law of the Commonwealth.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 22A.
Offences.SECT
Inserted by No. 10, 1969, s. 22.
22A. (1) A person shall not-
(a) wilfully insult or disturb the Arbitrator or a Deputy Arbitrator when exercising his powers or functions under this Act;
(b) interrupt any proceedings before the Arbitrator or a Deputy Arbitrator;
(c) use insulting language towards the Arbitrator or a Deputy Arbitrator; or
(d) by writing or speech use words calculated-
(i) to influence improperly the Arbitrator or a Deputy Arbitrator or a witness in proceedings before the Arbitrator or a Deputy Arbitrator; or
(ii) to bring the Arbitrator or a Deputy Arbitrator into disrepute.
Penalty: Two hundred dollars or imprisonment for twelve months, or both.
(2) A reference in the last preceding sub-section to the Arbitrator includes a reference to a person acting in the office of the Arbitrator and to a person to whom a claim, application or matter has been referred under this Act for investigation and report.
PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 23.
Regulations.SECT
Amended by No. 104, 1956, s. 10.
23. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and, in particular, for prescribing the fees to be charged in respect of proceedings under this Act.
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PUBLIC SERVICE ARBITRATION ACT 1920-1973 - THE SCHEDULE SCH
Added by No. 10, 1969, s. 23.
THE SCHEDULE
Section 10A
Oath or Affirmation
I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the Office of (insert name of office) and that I will faithfully and impartially perform the duties of that office. So help me God)
Or, I, , do solemnly and sincerely promise and declare that (as above, omitting the words ''So help me God'').
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PUBLIC SERVICE ARBITRATION ACT 1920-1973 - NOTES
NOTES
1. The Public Service Arbitration Act 1920-1973 comprises the Arbitration (Public Service) Act 1920 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Number Date of
Act and year Date of
Assent commencement
----------------------------------------------------------------------------
Arbitration (Public
Service) Act 1920 No. 28, 1920 7 Oct 1920 31 Mar 1921 (see
Gazette 1921, p.
489)
Arbitration (Public
Service) Act 1928 No. 1, 1928 14 Mar 1928 14 Mar 1928
Arbitration (Public
Service) Act 1929 No. 25, 1929 13 Dec 1929 13 Dec 1929
Statute Law Revision Act
1934 No. 45, 1934 6 Aug 1934 6 Aug 1934
Salaries (Statutory
Offices) Adjustment Act
1947 (a) No. 52, 1947 1 Nov 1947 1 Nov 1947
Salaries (Statutory
Offices) Adjustment Act
1950 (a) No. 51, 1950 14 Dec 1950 1 July 1950
Statute Law Revision Act
1950 No. 80, 1950 16 Dec 1950 31 Dec 1950
Public Service
Arbitration Act 1952 No. 36, 1952 17 June 1952 27 June 1952 (see
Gazette 1952, p.
2977)
Public Service
Arbitration Act 1955 No. 2, 1955 18 May 1955 18 May 1955
Salaries Adjustment Act
1955 No. 18, 1955 10 June 1955 10 June 1955
Public Service
Arbitration Act 1956 No. 51, 1956 30 June 1956 Ss. 1, 2 and 4:
Royal Assent
Remainder:14 Aug
1956 (see Gazette
1956, p. 2489)
Public Service
Arbitration Act (No. 2)
1956 No. 104, 1956 15 Nov 1956 S. 12: 14 Aug 1956
Remainder: Royal
Assent
Salaries (Statutory
Offices) Adjustment Act
1957 (a) No. 39, 1957 12 Sept 1957 1 July 1957
Public Service
Arbitration Act 1959 No. 41, 1959 22 May 1959 S. 3 (2): 14 Aug
1956
Remainder: 22 May
1959
Salaries (Statutory
Offices) Adjustment Act
1960 (a) No. 17, 1960 17 May 1960 17 May 1960
Salaries (Statutory
Offices) Adjustment Act
(No. 2) 1964 (a) No. 115, 1964 23 Nov 1964 23 Nov 1964
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Salaries Act 1968 (a) No. 120, 1968 2 Dec 1968 2 Dec 1968
Public Service
Arbitration Act 1969 No. 10, 1969 23 Apr 1969 23 Apr 1969
Public Service
Arbitration Act 1972 No. 17, 1972 24 Apr 1972 24 Apr 1972
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) The Salaries (Statutory Offices) Adjustment Act 1947, the Salaries (Statutory Offices) Adjustment Act 1950, the Salaries (Statutory Offices) Adjustment Act 1957, the Salaries (Statutory Offices) Adjustment Act 1960, the Salaries (Statutory Offices) Adjustment Act (No. 2) 1964 and the Salaries Act 1968 were repealed by section 7 of the Statute Law Revision Act 1973. That section provides that the repeals do not affect the operation of any amendment made by a repealed Act or any provision made by it for the citation of an Act as so amended.
2.-S. 7C (1)-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of Public Service Arbitrator is $25,000 and that of Deputy Public Service Arbitrator $16,250 with an annual allowance applicable to the office of Public Service Arbitrator of $1,200.
3.-S. 7D-See also Officers' Rights Declaration Act 1928-1973.
4.-S. 11 (4)-See also sections 10, 11 and 12 of the Public Service Arbitration Act 1956 as amended by the Public Service Arbitration Act (No. 2) 1956.
5.-S. 11A (2)-For provisions relating to the powers of the Commission in relation to claims submitted in accordance with this sub-section, see section 41A of the Conciliation and Arbitration Act 1904-1973.
6.-Ss. 15A and 15C-See also section 5 of the Public Service Arbitration Act 1959.
0
0
0