Railways (Employees' Appeal) Act of 1905 (5 Edw VII No. 13) (Qld)

8964 RABBITS-RAILWAYS AND TRAMWAYS. Railways (Employees' Appeal) Act. 5 Enw. VII. No. 13, Amendment 8. After the first paragraph of section sixty-five of of s. 65. the Principal Act, the following provision is inserted : - The adoption and use of such methods as are ordinarily adopted and used for the purpose of destroying rabbits shall be deemed to be a reasonable exercise of the powers conferred by this Act with reference to the destruction of rabbits, if the person adopting or using such methods exercises ordinary skill and care therein. RAILWAYS AND TRAMWAYS. 5 ~ : .\iII. An Act to make Better Provision for the Hearing THE RAILWAYS (EMPLOYEES' ApPEAL) A<Yr OF 1905. and Determination of Appeals by Employees of the Railway Commissioner, and to further Amend "The Railways Act of 1888." Preamble. [ASSENTED TO 24TH NOVEMBER, 1905.] W HEREAS it is desirable to amend the laws relating to appeals by employees of the Railway Com- missioner, and to make better provision for the hearing and determination of the same: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- Short title. 1. This Act shall be read and construed with "The Railways Act of 1888"* (herein referred to as the Principal Act) and Acts amending the same, and may be cited as "The Railways (Employees' Appeal) Act of 1905." Constitution 2. (1.) Every appeal which under the Principal Act of Board. and Acts amending the same may be made by an employee to the Commissioner shall hereafter be made to a Board which shall consist of five members-namely, the officers holding for the time being the offices of General Traffic Manager, Chief Engineer, and Locomotive Engineer, a police magistrate to be appointed by the Governor in Council for each of the Divisions of the State, and an employee to be elected for each of the Divisions of the State as hereinafter provided-three of whom shall form a quorum. "" 52 Vie. No. 8, supra, page 2596.

RAILWAYt:; AND TRAMWAYS. 896& 1905. Railway (Emplo,1filils' Appeal) Act. The name of each such employee shall be submitted to the Governor in Council for approval; and when so approved each such employee shall hold office for three years if he remains in the railway service during that period: Provided that each such employee shall be elected by ballot by the staff in each division, each member of same to have only one vote: Provided also that, in case two or more employees shall obtain an equal number of votes, the matter shall be decided as between them by lot. All appeals in the Northern and Central Divisions of the State shall be heard at Townsville and Rockhampton respectively, in which case the General Traffic Manager, Chief Engineer, and Locomotive Engineer shall, unless the Commissioner otherwise directs, be respectively repre- sented by their District officers stationed at those cities. The respective powers and authorities conferred upon the Commissioner by the Acts aforesaid, subject to anything in this Act contained in respect of appeals, are hereby conferred upon such Board, whose decision shall be final, except in the case of appeal against dismissal: Provided that in the case of an appeal against dismissal any person aggrieved by the decision of such Board shall have a right of appeal to the Commissioner, whose decision shall be final. (2.) All powers of such Board may be exercised by a Board,to ,act; majority of the members present at any meeting of the ~ ! s: : tv~ ~ : ­ Board, and in case of an equality of votes the chairman of the meeting shall have a second or casting vote. (3.) The police magistrate appointed as aforesaid Poli?e sha . ll be the chairman ' at any mp.eting of such Board , bmeagcJh. sat: = atae nto•. proVIded that in his absence the Governor in Council shall appoint another police magistrate, who shall be the chair- man at any meeting of the Board and have all his powers and perform all his duties during such absence. (4.) No member of such Board shall take part in the Member of hear· mg 0 fanIy apbpea y any employee' III the branch 0 f hBeoaarrdapnpoetatlo- which such a member is the head. by employee in branch of which he is head. (5.) Every such appeal shall be in writing, shall Lod~ing and C IearIy and conC·Isely set forth the grounds upon wh l ' C h ahpepaermal. g of the appeal is made, shall be lodged with the Secretary to the Commissioner within seven days of the date of the

8966 RAILWAYS AND TRAMWAYS. Railways (Emplo.1fees' Appeal) .Act. 5 EDW. VII. No. 13,1905. decision which is appealed against, and shall bA heard by such Board within thirty days from the date of the appeal being so lodg-ed. Duty of (6.) It shall be the duty of the Secretary to the , { Ss) ieoocmnreemrt. aisr-y to C( wohmimchissshioanllemr eteot icnoBnvriesnbeanaellormeleseetwinhgesre ofofr tshuechdesBpoaatcrdh of business as often as may be required), and to keep a record of all proceedings thereof and decisions arrived at. Board may administer oaths, &c. Rights of appellant. (7.) In the hearing of an appeal by any employee, any member of such Board may administer an oath to every witness at such hearing. The parties to the appeal shall be entitled 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. aBpopaeradlst. o hear an em( 8p. l)oyTeheeaBgaoianrsdtsthhaelldiencviessiotingaotfetehveeoryffiacpepreaatl tmhaedheebady of his branch with respect to his dismissal or any charge made against any such employee, or with respect to any May. confirm, penalty imposed upon such employee, and may confirm drmeevocedisrlisfoyen, aonry oorr, mifohdeifhyassu.calhredadecyisbieoenn osur smpeanydesdu, spmenady fsuurcthheermspulsopyeened, : ~ i: \ ~ d him for any period not exceeding six months without salary or wages, or may inflict a fine to be deducted from Further his pay, or may dismiss him or make such other order as powers. they think fit. Board may (9.) For the purposes of such investigation such Board . bm ~ u n s t ipl e de r icnatgnsd, &cm..lDasypeecntI. tOenr awnhderineospf eacpt paenayrspltaocethoer bBuoiladrdingtothbee ernetqrU'yIasI.ntde Require for the said purpose, and require by summons under their ~i~ ~~ : !~ e of hands the attendance of all such persons as they may think Require fit to c'111 and examine the same, and may require answers ap b nr o od o d k eu s, uct&fI? Ocr. cneof aonr drerteu.qrUnIsretoansducehnfionrqcueirthieesparsodthucetyI.Omnaoyftahlilnbkofoikt st, opmapaekres, , and documents which they may consider important: Proviso. Provided that the answers or declarations of any person examined under this Act shall not be admissable in evi:- dence in any proceeding against such person, except a prosecution for perjury or for giving or making a false answer or declaration. :f ~ imitaUon. (10.) This Act shall not apply to any case of an appeal £ C~ . catlon to the Commissioner by an employee with regard to his right of promotion as provided by section fifty-six of the Principal Act.

RAILWAYS AND TRAMWAYS. 5 EDW. VII. No. 1:3, 1905. Railways (Employees' Appeal) Act. 8967 3. When a vacancy occurs in such Board by reason of Vacancy. the death, removal, or resignation of or vacation of office by a member, the Governor in Council shall appoint some person qualified, as under section two, subsection one of this Act, to fill such vacancy. 4. In the case of illness or absence of a member of ease of illness such Board, the Governor in Council shall appoint a deputy : e: ~ : ~ ~ f of qualified as under section two, subsection one, to act for Board. such member during'his illness or absence, and every such~ ppointment deputy shall, during the time which he acts as deputy,O deputy. have all the powers and perform all the duties of such member of the Board: Provided that the deputy appointed in place of the Proviso. employee shall be the next on the poll at the ballot taken for the election of such employee. 5. In subsection one of section fifty-eight of the .Amendment P rl·nC.lpa1 Act, after the word " suspend, " the words " or oPfrisn. c 5 ip 8 aol. fAot. dismiss" are inserted. . 6. The second subsection of section fifty-nine and Repeal. section sixty of the Principal Act are repealed: Provided that nothing herein contained shall affect anything done Saving. or contracted to be done under the sections aforesaid. SHEARERS AND SUGAR WORKERS ACCOMMO- DATION. See MASTERS AND SERVANTS. SPECIAL AGRICULTURAL SELECTIONS. See LANDS. .