Railways Acts Amendment Act of 1934 (25 Geo v No. 25) (Qld)

15100 RAILWAYS. RaJilways Acts Ame'ndment Act. 25 GEO. V. No. 25, RAILWAYS. 25 NG T oe H . o E 2 . 5 V . . An Act to19A2m9,e"ndin" cTehretaiRnapilawratiycsulAarcst. s, 1914 to RAILWAYS ACTS [ASSENTED TO 29TH NOVEMBER, 1934.] AlIlENDMENT B ACT OF 1934. E it enacted by the King's Most Excellent :Majesty, by and with the advice and consent of the Legis- lative 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 Railways and . Acts Amendment Act of 1934," and shall be read as one constructIon. with *" The Railways Acts, 1914 to 1929," herein referred to as the Principal Act. Collective (2.) The Principal Act and this Act may be title. collectively cited as " The Railways Acts, 1914 to 1934." New s 21.. Amendments of the Principal Act. 2. Section twenty-one of the Principal Act is repealed and the following new section twenty-one is inserted in lieu thereof, namely:- How "[21.] (1.) When any vacancy occurs in any branch mpraodme. otions oshfatlhl ebeSefirlvleicde, infoptoosspiebnlef, obr ycothmeppetriotmivoetieoxnamofintahteiomn,ositt suitable employee next in rank, position, or grade to the vacant office if he applies for the same. For the purposes of this section the appointment to a vacancy of an employee who voluntarily relinquishes a higher position shall be considered as promotion. (2.) No employee shall be passed over unless the head of the branch concerned, in writing, advises the Commissioner of his reasons for HO doing. (3.) Any employee who was an unsuccessful applicant for the vacant office shall have the right of appeal to the Appeal Board as hereinafter provided against any appointment under this section." Amendment 3. Subsection three of section 22A is a.mended by of S. 22A. repealing the words t"" The Industrial Arbitration Act of 1916," which strike is an authorised strike under * 5Geo. V.No. 24, 6Geo. V. No. 28, 14Geo. V. No. 15, 17 Geo. V.No. 13, and 20 Geo. V. No. 20, supra, pages 7215, 10825, 11697, and 12761. t 7 Geo. V. No. 16, supra, page 7538.

RAILWAYS. 15101 1934. Railways 11cts Amendment Act. subsection one of section sixty-five of that Act," and by inserting the following words in lieu thereof, namely ;- * " "The I ndu,strial Conciliation and ArbitrationAct of 1932," which strike is an authorised strike under subsection one of section fifty-one of that Act." 4. Section thirty of the Principal Act is repealed New s. 30. and the following new section thirty is inserted in lieu thereof, namely;- " [30.] (1.) The Appeal Board constituted for the Appeal hearing of appeals by employees under this Act shall Board. consist of the following members;- A police magistrate who shall be appointed by the Governor in Council; Five employees (hereinafter called respectively "the employees' representatives") who shall be elected for each of the Divisions respectively of the State; In each of the Divisions respectively of the State, an officer to be designated in that behalf by the Commissioner either generally or for the purposes of any particular case. (2.) The Board when sitting for the purposes of any appeal shall be composed of the police magistrate aforesaid, the officer aforesaid designated by the Commissioner for the Division or the particular case, as the case may be, who is not the head of the branch in which the appellant is employed, and the employees' representative who is employed in the branch in which the appellant is employed; and for this purpose an employee in the Head Office or in the Stores Branch shall be deemed to be attached to the Traffic Branch, and an employee in the Signal and Light Engineer Branch shall be deemed to be attached to the Maintenance Branch, and the Running Staff and Workshops Staff of the Locomotive Branch shall be deemed to be separate branches; Provided that if appellant is a clerk or an officer working in an administrative or clerical capacity, he shall be represented on the Appeal Board by a clerk elected under subsection three hereof. .. 23 Geo. V. No. 36, supra, page 14266.

15102 RAILWAYS. Railu.'ays L1cts Llntcnclmcnt Act. 25 GEO. V. i\o. 25, (3.) The five employees' representatives in each Division shall be elected respectively by ballot by the respective employees in the Maintenance Branch, the Locomotive Branch (Running Staff), the Locomotive Branch (Workshops Staff), the Traffic Branch, and the Clerical Staff generally in each such Division. Each employee shall have only one vote. If two or more employees in any branch obtain an equal number of votes, the matter shall be decided as between them by lot. (4.) The Board shall meet for the despatch of business as often as may be required. The Secretary (or a deputy appointed by the Commissioner in that behalf) shall convene all meetings of the Board and shall keep or cause to be kept a record of all proceedings thereof and of the decisions arrived at. Venue. (5.) Appeals in the Southern Division may be heard in Brisbane or elsewhere within the said Division as decided by the Commissioner; appeals in the Northern and Central Divisions may be heard at Townsville and Rockhampton, or elsewhere within the said Divisions, respectively, as decided by the Commissioner: Provided that in cases where an appeal is lodged by an employee in one Division against the appointment or promotion of another employee to a vacancy in another Division, the chairman of the Board shall, on the request of the appellant, require some competent person or persons to take evidence on oath in the Djvision in which the appellant is employed concerning the matter of such appeal. Such evidence in writing shall be forwarded for the consideration of the Board hearing the appeal. Lodging and (6.) Every appeal shall be in writing, shall clearly ~ ~; ~ l~ of and concisely set forth the grounds upon which the appeal is made, shall be despatched to the Secretary within fourteen days after the date when the appellant· receives the decision which is appealed against, or in the case of an appeal by an employee pursuant to his right of appeal under section twenty-one of this Act, within fourteen days after the date of the" Weekly Notice" in which the appointment appealed against is published. The Secretary (or a deputy appointed as

1934. RAILWAYS. Railways Acts Amendment Act. 15103 aforesaid) shall set down each appeal for hearing as early as practicable and not later than thirty days after the date when the appeal is received by him: Provided that the Board may in its discretion extend such time for setting down such appeal for hearing to a date not later than forty days after the date when the appeal was so received. The Secretary shall give to the appellant seven clear days' notice of the date when the appeal will be heard. (7.) The police magistrate appointed as aforesaid Police shall be the chairman at any meeting of the Board at martrate which he is present. In his absence the Governor in :~ a:man. Council shall appoint another police magistrate, who shall be such chairman and have all his llowers and perform all his duties during such absence: Moreover, in any case where, by reason of the fact that meetings of a Board are necessary to be held at more than one place, the police magistrate appointed as aforesaid is prevented from attending one or more of such meetings, the Governor in Council shall appoint another police magistrate or other police magistrates to take his place in respect of the appeal or appeals at which he cannot preside, and every police magistrate so appointed shall be chairman of the Board at all meetings necessary for the hearing and determination of such appeal or appeals, and shallhave all the powers and perform all the duties of a member of the Board and chairman thereof. (8.) All powers of the Board may be exercised by aBoard~ o~ ct majority of the members present at any meeting of the by maJorIty. Board. (9.) The parties to the appeal shall be entitled to Procedure. subpoona witnesses in the same manner and subject to the same penalties and conditions as witnesses may be summoned to give evidence before justices in petty sessions, and to have all witnesses examined on oath, and also to be represented by a barrister, solicitor, or agent, who shall· be at liberty to examine witnesses and address the Board. . (9A.) An appeal shall lie by an employee in one Division against the appointment or promotion of another employee to a vacancy in another Division, and the Board shall investigate in open court every such

15104 RAILWAYS. Railways Acts Amendment Act. 25 GEO. V. Xo. 25, appeal, and take into consideration the evidence (if any) forwarded to them as provided by subsection five hereof, and give their decision upon the matter of the appeal. Powers of Board. (10.) The Board shall investigate in open court every appeal made by an employee against the decision of the head of his branch under the powers conferred upon the head of the branch by section twenty-three of this Act, and may confirm or modify such decision, or may suspend such employee, or, if he has already been suspended, may further suspend him for any period not exceeding six months without pay, or may inflict a fine to be deducted from his pay, or may dismiss him, or may make such other order as they think fit, and also shall investigate in open court every appeal made by an employee pursuant to the right of appeal to the Board conferred by any other provision of this Act, and may allow such appeal or dismiss such appeal. Decision of Board. (11.) The decision of the Board shall be final, except in the case of appeal against dismissal. In the case of an appeal against dismissal any person aggrieved by the decision of the Board shall have a right of appeal to the Commissioner, whose decision shall be final. Power of (llA.) If the Board uphold the appeal, it shall gBroaanrtd t.o grant such reasonable expenses to the appellant as the expenses to Board think fit. appellant. Payment of expenses due to an appellant under this subsection may be enforced in the same manner as a judgment of the Supreme Court. When Board (llE.) In any case where the Board dismisses the shall grant appeal, and where in the opinion of the Board the ~~= i:~ to information available to the appellant was such as not to sioner. justify the appeal, or in any case where the Department has incurred expense in respect of an appeal which was withdrawn by the appellant after the date for the hearing thereof had been fixed, the Board may grant to the Commissioner any reasonable expenses not exceeding ten pounds to which the Department may have been put by reason of the appeal, and it shall order the appellant to pay the same. Such expenses so granted by the Board and ordered to be paid to the Commissioner shall constitute a debt due and owing by the appellant to the Commissioner, and

RAILWAYS. 15105 Raaways .Acts Amendment Act. may be recovered by the Commissioner by action in the Magistrates Court constituted under *" The Magistrates Courts Act of 1921"; and moreover such expenses as aforesaid shall be and constitute a charge against any salary, wages, or other moneys due and payable, or which may become due and payable, by the Commissioner to the appellant, and may be deducted by the Commissioner from any such salary, wages, or other moneys. (110.) In any case where an appellant who has Restriction been suspended or d· Ism·lssed appea I s t 0 the B oard ooff spaalyamrycnotr and the Board dismisses such appeal, such appellant wages during shall not be entitled to be paid any salary or wages orappeal. other emoluments or to claim any expenses in respect of the time involved in respect of his attendance before the BO!'rd; and in any case where an appellant who has not been suspended or dismissed appeals to the Board and the Board dismisses such appeal, such appellant shall not be entitled to claim any expenses or emoluments other than his salary or wages in respect of the time involved in respect of his attendance before the Board." 5. Section 32B is repealed and the following new New s. 32B. section is inserted in lieu thereof, namely :- " [32B.] In the event of any employees' representa- Absence of tive on a board of inquiry being unable to sit upon anybo:~ k.er of inquiry, the employee who at the ballot received the next greatest number of votes at the election of representatives shall act as deputy of such employees' representative. In the event of the employees' representative having been the only person nominated at the ballot, and an inquiry being necessary in his absence, the union of which the appellant is a member shall nominate another member to act as deputy upon the inquiry, and upon the failure of such union so to nominate another member within three days after being requested so to do bS· the head of the branch concerned, the charged employee shall nominate such member to act as deputy upon the inquiry; and failing such nomination by such employee at any time before the hour at which the board is appointed to sit, such board may proceed to hold the inquiry in the absence of an employees' representative. * 12 Geo. V. No. 22, supra, page 9713.

15106 RAILWAYS. Railways Acts Amendment Act. 25 GEO. V. No. 25, 1934. .Every deputy shall, for the time during which he acts as deputy, have all the powers and perform all the duties of such member of the board concerned. All the powers of the board of inquiry may be exercised by a majority of the members present at any meeting of the board." Repeal of 6. Section 32F of the Principal Act is repealed: s.32F. Railway Provided that employees appertaining to the Refreshment Railway Refreshment Rooms shall be employees within Rooms. the meaning of the Principal Act. Oonstruction 7. For the purposes of *" The Railways Acts, 1914 of terms. to 1934," the term "Signal and Telegraph sections of the Chief Engineer's Branch" shall be substituted for the term "Signal and Light Engineer Branch," wherever occurring in such Acts, and such Acts shall be read and construed accordingly. New s. 138A. 8. The following new section (138A) is inserted after section one hundred and thirty-eight of the Principal Act, as follows :- Damage, illegal possession, &c., of tarpaulins. "[138A.] Any person who, not having the authority of the Oommissioner so to do- (a) Interferes with, damages, or takes away or removes from any railway station or railway premises or property vested in or under the control of the Commissioner, or (b) Has in his possession, any tarpaulin, sheet, or covering the property of the Commissioner, shall be liable to a penalty not exceeding twenty pounds." * 5 Geo. V. No. 24 and amending Acts, supra, pages 7215 et seq.