Re-establishment and Employment (Preference in Employment) Regulations (Cth)

STATUTORY RULES.

1955. No..

REGULATIONS UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945-1953.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Re-establishment and Employment Act 1945-1953.

Dated this tenth day of November, 1955.

W. J. Slim

Governor-General.

By His Excellency’s Command,

(SGD.) J. A. SPICER

Attorney-General.

Re-establishment and Employment (Preference in Employment) Regulations.

Citation.

1. These Regulations may be cited as the Re-establishment and Employment (Preference in Employment) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“ applicant ” means an applicant for an order under section 28 of the Act;

“ application ” means an application for an order under section 28 of the Act;

“ party ” includes the applicant and the employer named in the application;

“ prescribed authority ” means a proscribed authority for the purposes of section 28 of the Act;

“ reasonable excuse ”, in relation to an act or omission by a person served with a summons to attend before a prescribed authority, means an excuse that would excuse an act or omission of a similar nature by a person summoned as a witness or appearing as a witness, before a court of law;

“ the Act ” means the Re-establishment and Employment Act 1945-1953.

Manner of making applications.

3.—(1) An application shall be deemed not to have duly made unless—

(a) it is made to a prescribed authority in writing and is signed by the applicant or by some person acting with his authority;

 

* Notified in the Commonwealth Gazette on , 1955.

5082/54–Price 3d. 9/7.4.1955.

 

(b) it states—

(i) the full name and address of the applicant;

(ii) the full name and address of the employer who is alleged to have refused to engage the applicant in employment; and

(iii) the matters on which, the applicant relies in support of his application; and

(c) a copy of the application, endorsed with the time and place at which the application will be heard, is served on the employer named in the application in accordance with this regulation.

(2.) Subject to the next succeeding sub-regulation, service of a copy of the application shall be effected—

(a) where the employer is a company—by leaving it at the registered office of the company or by sending it by registered post addressed to the company at its registered office; or

(b) in any other case—by serving it on the employer personally or by leaving it at the employer’s usual place of business or, if the employer has more than one such place of business, at any of those places.

(3.) A prescribed authority may, in a particular case, give directions as to the manner in which service of a copy of the application is to be effected, and, in such a case, the copy of the application shall be served in accordance with those directions.

(4.) In this regulation “ registered office ”, in relation to a company, means the office or place of business of the company at which, under the law of a State or Territory of the Commonwealth relating to companies, notices may be served on that; company and, where there are two or more such offices or places in the Commonwealth, means any of those offices or places.

Prescribed authority to by time and place of bearing.

4.—(1.) A prescribed authority shall, on receipt of an application

(a) fix a time and place for hearing the application;

(b) give notice of the time and place so fixed to the applicant; and

(c) endorse on a copy of the application particulars of the time and place so fixed and return the copy to the applicant for service.

(2.) A prescribed authority may, at any time before an application has been served, fix a new time and place of hearing and endorse on a copy of the application particulars of that time and place.

Hearing of application.

5.—(1.) An application may be heard by a prescribed authority other than the prescribed authority to whom it was originally made.

(2.) On the hearing of an application, a prescribed authority may, if he thinks fit—

(a) permit an amendment of the application;

(b) adjourn the hearing of the application from time to time and from place to place; or

(c) direct that the application be heard by another prescribed authority.

(3.) A prescribed authority shall not make an order on an application without hearing a party who is present at the time and place fixed for the hearing and desires to be hoard.

(4.) Where a prescribed authority is satisfied that a party who is not present, either personally or by a representative, at the time and place fixed for the hearing of the application, has been duly served with a copy of the application endorsed with the time and place of hearing, he may hear the application and make an order in the absence of that party.

(5.) A prescribed authority—

(a) shall hear an application without regard to legal forms and solemnities; and

(b) is not bound by any rules of evidence but may inform himself on any matter in such manner as he thinks fit.

Representation of parties.

6. On the hearing of an application, a party may be represented by a barrister or solicitor or, with the approval of the prescribed authority, by a person appointed by the party.

Party may give evidence.

7. A party may give evidence before a prescribed authority and may call witnesses on his behalf.

Evidence to be heard in public.

8. Evidence at the hearing of an application—

(a) shall be heard in public; and

(b) shall be taken down in writing,

Power to send for witnesses and documents.

9.—(1.) A prescribed authority may, by writing under his hand, summon a person to attend before a prescribed authority at a time and place named in the summons, and then and there to give evidence and to produce any documents, books or writings in his custody or control which he is required by the summons to produce.

(2.) A summons under this regulation may be served personally or by being left at the usual place of abode of the person named in the summons.

Power to examine upon oath.

10.—(1.) A prescribed authority may administer an oath to a person appearing as a witness before him, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath.

(2.) Where a witness to be examined before a prescribed authority conscientiously objects to take an oath, he may make an affirmation that he so objects and that the evidence he will give will be the truth, the whole truth and nothing but the truth.

(3.) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

Penalty for falling to attend or produce documents.

11.—(1.) A person served with a summons to attend before a prescribed authority shall not, after tender of reasonable expenses, fail, without reasonable excuse—

(a) to attend at the time and place named in the summons; or

(b) to produce any document, book or writing in his custody or control which he was required by the summons to produce.

Penalty: Fifty pounds.

(2.) It is a defence in proceedings for failing without reasonable excuse to produce any document, book or writing if it is proved that the document, book or writing was not relevant to the hearing of the application.

Duty of witness to continue in attendance.

12. A person who has been summoned to attend before a prescribed authority as a witness shall appear and report himself from day to day unless excused by a prescribed authority or until he is released from further attendance by a prescribed authority.

Penalty: Fifty pounds.

Arrest of witness falling to appear.

13.—(1.) If a person who has been summoned to attend before a prescribed authority as a witness fails to attend or appear before the prescribed authority as required by either of the last, two preceding regulations, a prescribed authority may, on being satisfied that the summons has been duly served and that reasonable expenses have been tendered to that person, issue a warrant for the apprehension of that person.

(2.) A warrant so issued authorizes the apprehension of a person and his being brought before the prescribed authority and his detention in custody for that purpose until he is released by order of a prescribed authority.

(3.) A warrant so issued may be executed by a person who is a member of the police force of a State or Territory of the Commonwealth or a Peace Officer holding office under the Peace Officers Act 1925, or by any person to whom it is addressed, and the person executing it has power to break and enter any place, building or vessel for the purpose of executing the warrant.

(4.) The apprehension of a person under this regulation does not relieve him from any liability incurred by him by reason of his failure to attend or appear before the prescribed authority.

Penalty for refusing to be sworn or to give evidence.

14. A person appearing as a witness before a prescribed authority shall not, without reasonable excuse—

(a) refuse or fail to be sworn or to make an affirmation; or

(b) refuse or fail to answer a question relevant to the proceedings put to him by the prescribed authority or, not being a question disallowed by the prescribed authority, put to him by a barrister or solicitor or a person authorized by the prescribed authority to represent a party.

Penalty: Fifty pounds.

Offences in relation to prescribed authorities.

15. A person shall not—

(a) wilfully insult or disturb a prescribed authority when exercising powers and functions under the Act;

(b) interrupt the proceedings of a prescribed authority;

(c) use insulting language towards a prescribed authority; or

(d) by writing or speech use words calculated—

(i) to influence improperly a prescribed authority or a witness before a prescribed authority; or

(ii) to bring a prescribed authority into disrepute.

Penalty: Fifty pounds.

Protection of prescribed authorities, barristers and witnesses.

16.—(1.) A proscribed authority has in the exercise of his duty as a prescribed authority, the same protection and immunity as a Justice of the High Court.

(2.) A barrister, solicitor or person authorized by a prescribed authority to represent a party has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

(3.) A witness summoned to attend or appearing before a prescribed authority has the same protection as a witness in proceedings in the High Court.

 

Printed for the Government of the Commonwealth by A. J. Arthur at the Government Printing Office, Canberra.