Railway Strike and Public Safety Preservation Act of 1931 (22 Geo v No. 24) (Qld)

RAILWAYS. 22 GEO. V. No. 24,1931. Railway Strilce, Etc., Preservation Act. Act shall apply, and on compliance by such person with the requirements of section fifteen of the Principal Act as amended by this Act, such person shall be entitled to receive a pension accordingly: Provided that the provisions of this section shall not apply to Rny person who would not have attained the age of sixty years when the final fortnightly payment of such retiring allowance would have been due and payable to him if such retiring allowance had been payable to him in fortnightly payments: Provided also that the persons to whom this section shall apply shall be determined by the Secretary to the Commissioner and the Board, and any such determina- tion shall be final and conclusive: Provided always that the payment of any pension to a, person so entitled, pursuant to the provisions of this section, shall not commence until after the passing of " The Railway Superannuation Act Amendment Act of 1931." 13867 An Act Relating to the Strike of Railway Em- 22 TGeo. v. ployees; to 1\Iake Provision for the Restoration N~ ~ !4. to the Public of the Full Use of the Railways S;; ~ I~ : ~; D of the State; to Prevent Intimidation of Persons ~ : : E~ ~ Lawfully Performing their Duties; to Make T; O~ ~ ~ TV~ · F Provision for the Protection of the Community 1931. in Cases of Emergency and for other purposes. [ASSENTED TO 27TH NOVEMBER, 1931.] ""\:,"'1 HER~AS a number of persons employed in the Preamble. I I serVICe of the State as employees of the Commissioner for Railways have combined together to cease performing their duties in order to injuriously affect thereby the effective Railway Service of the State: And whereas they have in pursuance of such combination ceased to perform their duties in the Railway Service of the State and have thus effected a strike:

13868 RAILWAYS. Railway Strike. Etc., Preservation Act. 22 GEO. V. No. 24, And whereas in view of the possibility of any further extension of the said strike, it is necessary to invest His Majesty's Government of this State with further powers to restore to the public the full use of the Railways of the State: And whereas it is deemed necessary and desirable to make provision for the protection of the community in cases of emergency-- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- ,Short title. 1. (1.) This Act may be cited as "The Railway Strike and PublicSafetyPreservationAct of 1931." Duration of (2.) Subject as hereinafter provided, this Act Act. shall come into operation on the date of the passing thereof, and shall continue in force until a date to be appointed for the ceasing of the operation thereof by Proclamation published in the Gazette, or until the thirty-first day of December, one thousand nine hundred and thirty-two, whichever date is the earlier, but the expiration of this Act shall not affect the operation of this Act prior to its expiration or the validity of anything done or suffered thereunder, or invalidate or affect any appointment or promotion made in pursuance of this Act or revive any action prohibited by this Act. Power to proclaim 'state of .emergency. 2. (1.) "Where at any time it appears to the Governor in Council that any circumstances exist or are likely to come into existence whereby the public safety or order is or is likely to be imperilled, the Governor in Council may by ProclrLInation published in the Gazette (in this Act referred to as " proclamation of emergency") declare that a state of emergency exists. (2.) Every such Proclamation shall be in force for the period specified therein not exceeding three months, but may be extended or revived by another proclamation of emergency issued before, at, or after the end of that period. (3.) 'When a proclamation of emergency is in force the Governor in Council may exercise all or any of the powers hereinafter conferred upon him by or under this Act.

RAILWAYS. 13869: 1931. Railway Stnke, Etc., Preservation Act. (4.) Any regulations made under this Act shall remain in force for the period therein specified not exceeding the period during which a proclamation of emergency is in force. Any regulations, however, which cease to be in force by reason of the expiration of a proclamation of emergency before another proclamation of emergency has been made, may be revived either in whole or in part by any subsequent proclamation of emergency. 3. (1.) Pursuant to the powers conferred by this Regulations Act the Governor in Council nlay - ma k e reo Cl' u I a t· IOns f or saasfteotypourblic or with respect to- order. (a) Securing public safety or order; (b) "\Vithout limiting the generality of the foregoing provision of this section conferring such powers and imposing such duties as the Governor in Council thinks fit upon any Minister or Ministers of the Crown and any officers or other persons for securing public safety or order; ( i~ ) Securing the essentials of life to the community or any substantial portion of the community; (d) Securing and regulating the supply and distribution of food, water, fuel, and light, and other necessities; (e) Maintaining the means of transit, transport, locomotion, or other services; (f) Preventing 'interference with, or intimidation, molestation or annoyance of, any persons in or in relation to the lawful conduct of their affairs or the lawful performance of their duties, and for preventing the exposure of any person to insult or disability in or in relation to his lawful behaviour or the lawful conduct of his affairs or the lawful performance of his duties; (g) Preventing the encouragement or advice or incitement to persons to strike or to continue to be strikers; (h) Prescribing any provisions (including eviden- tiary provisions) incidental to any of the powers aforesaid or desirable for making the exercise of those powers effective.

~ 3870 RAILWAYS.' Railway Strike, Etc., Preservation Act. 22 GEO. V. No. 24, Further provisions >as to ;regulations. (2.) Any regulations made under this Act- (a) May be made so as to apply to or have operation throughout the whole or any part of Queensland; (b) May, subject to this Act, be made so as to operate for any period or periods or for any time or times or for any occasion or occasions specified therein; (c) May be of general operation or of specially limited operation according to time, place, circumstances, conditions, or restrictions. Proclama- (3.) All regulations made or purporting to have been : trieognuslaatniodns. made under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The production of a copy of the Gazette purporting to contain any such proclamation or regulation shall be conclusive evidence of the matters contained therein and of t,he power and authority to make such proclamation or regulation. Railway 1ltrike. 4. In this Act, unless a contrary intention appears, the following terms have the meanings set against them respectively, that is to say:- . 'Commis- sioner. " Commissioner"---- The Commissioner for Railways appointed under the provisions of the Railways Acts; Employee of the Railway ,Service. "Employee of the Railway Service"-Every person employed in the Railway Service of the State, and whether on the permanent staff of the Commissioner or otherwise ; Railways Acts. "Railways Acts"-*"'The Railways Acts, 1914 to 1929," and all by-laws thereunder; 'This Act. '" This Act "-This Act and all proclamations and regulations made thereunder. Definition of 5. Every person employed in the Railway Service ." striker. " who, in the course of the strike, has, prior to the passing of this Act already ceased to perform his duties -----_._-_.----->--- --- --,-'---"-'-- * 5 Geo. V. No. 24, 6 Geo, V. No. 28, 14 Geo. V. No. 15, 17 Geo. V. No. 13, 20 Geo. V. No. 20, 8upra, pages 7215, 10825, 11697, and 12761.

RAILWAYS. 13871 ~ 931. Railway Strike, Etc., Preservation Act. without permission having been obtained pursuant to -the provisions of the Railways Acts, or who may hereafter cease to perform his duties without such permission, shall be deemed to have joined in the strike ,and to have become a striker. 6. (1.) Every employee in the Railway Service who Eff~ c.t of has or shall become a striker shall, without any order of strikmg. :removal or dismissal by the Commissioner, be deemed to have ceased immediately on becoming a striker to be an officer or employee in the Railway Service and to have -forfeited all rights (if any) to any future gratuity -compensation or retiring allowance, and also all legal rights or privileges whatsoever arising out of or pertaining to his previous employment as an employee, save and except as to any salary or pay due to him at -the time of his becoming a striker. (2.) Notwithstanding anything contained herein or in the Railways Acts- (a) The Commissioner may, with the consent of Power to th e G overnor I . n Counm '1 , reI . nst at e i . ll the sretriinksetrast. e Railway Service any employee who may have been a striker; and such officer or employee may be so reinstated in any class, rank, position, or grade not superior to that previously occupied by him; and such reinstatement shall be subject to such just and equitable terms and conditions as the Commissioner with consent as aforesaid may determine with regard to any employee so reinstated; and (b) The Commissioner may, subject to such Provision consent as regards employees who had ~ :: ions, &c. previous to striking a right to future gratuity compensation or retiring allowance, allow or refuse to allow any such right in whole or in part to such extent uS seems to him to be just and reasonable having regard to the particular circumstances of each case and the merits of the' person concerned. (3.) In order that the positions in the Railway Special S- eemrpv 1 iocyeereesnd f oerre b devcaocmam . ntgbsytraikneyl' Sreomro f voarlsaonrydmisml . scisosnadls UC o t f P v f a ilo c l u w ap e t r epd tla° bcyes (Jonnected with the strike or by the operation of this Act strikers.

13872 RAILWAYS. Railway Strike, Etc., Preservation Act. 22 GEO. V. No. 24" may be readily and quickly filled up, the Commissioner may with the consent of the Governor in Council and notwithstanding anything to the contrary in the Railways Acts, appoint to any such positions any persons who may be engaged prior to or after the passing of this Act under or pursuant to any notification inviting applications for any positions in the Railway Service, signed and issued by the Commissioner, and who in the Commissioner's opinion are competent to fulfil the duties thereof. (4.) Any such appointments may be made to any permanent office or for any specified period not exceeding two years on such terms and conditions as may be determined by the Commissioner before appointment. (5.) Persons may be so appointed without public notice or previous examination or probation on proof only of competency to fill the duties of the position to ",·hich they may be appointed. (6.) For the purposes of this section persons may be appointed to any class, rank, position, or grade, and employees who are not strikers mny be promoted to any positions rendered vacant as aforesaid, irrespective of their previous position or seniority or length of service. Application 7. The provisions of sections four, fi ve, six, and 6 o , f assn.d4,9. 5, nine of this Act extend and apply whether or not a proclamation and/or regulations have been is:;ued pursuant to sections two and three of this Act. Penalty for 8. Any person who contravenes any provision of any offence. regulation made under this Act shall be guilty of an offence punishable on summary conviction under *"The Justices Acts, 1886 to 1929," or on indictment, at the option of the prosecutor, and liable to a penalty not exceeding two hundred pounds or to imprisonment for any term not exceeding six months or to both such fine and imprisonment. Protection 9. (1.) No action, claim, or demand whatsoever shall ~ ~ E~ ~~:~der lie ?r be made or allowed by. ~r in favour of any person this Act and agamst the Crown or any Mmlster of the Crown or any regulatIOns. officer or person acting in the execution or intended execution of this Act or any regulations made under this Act for or in respect of any damage, loss, or injury sustained or alleged to have been sustained by reason of * 50 Vie. :\'0. 17 and "mending Acts. 8upm, pages 1132 et seq. (See Alphabetieal Tabl,)

RAILWAYS. 1387~ 1931. Railway Strike, Etc., Preservation Act. the passing of this Act or of anything done or purporting to be done thereunder, save only in respect of reasonable compensation for any property used or taken by or on behalf of the Crown in pursuance of any powers conferred by or under this Act. (2.) No action or proceeding shall be brought or No action maintain~ d or verdict f~ ) U; nd or judgme;nt given in any ~ ~ ~ ~ ~ ~ or court agamst the OommIssIOner as a carner of passengers arising.out of or goods or as a common carrier or against any of his the strike. officers or employees for any loss, damage, injury, or delay caused or occasioned to any person by reason of the failure of the Commissioner or officers or employees to perform any duty or fulfil any obligation arising out of any contract or otherwise, provided such failure shall have arisen from or been caused by or in consequence of or been incidental to the strike, or shall have arisen by reason of the failure of any strikers to perform their duties as officers or employees of the Commissioner or shall have arisen by reason of any action of any strikers or persons apparently acting in combination with strikers or to further or continue the strike. 10. Any money required for the purposes of this Act Financial or anything done under this Act shall be paid out of the provisions. Consolidated Revenue of the State by the Treasurer, and this Act shall be sufficient warrant for his so doing. 11. This Act shall be read in aid of and not in Saving of derogation of *" The Criminal Code." ;; f!~ nal - - - - - - , - - - - - - - - - - - - - - - - - - - - - - Oode." * 63 Vic. No. 9, Sch. 1., 8upra, Fage 344.