STATUTORY
RULES.
1946. No. 141.
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REGULATIONS
UNDER THE RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945.*
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.
Dated
this eleventh day of September, 1946.
HENRY
Governor-General.
By
His Royal Highness’s Command,
JOHN
J. DEDMAN
Minister
of State for Post-war Reconstruction.
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Re-establishment
and Employment (Reinstatement Committees) Regulations.
Citation.
1. These Regulations may be cited as the Re-establishment and
Employment (Reinstatement Committees) Regulations.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“Committee” means a
Reinstatement Committee appointed, or deemed to have been appointed, under
Division 1 of Part II. of the Act;
“the Act” means the Re-establishment and Employment Act 1945;
“party” includes the
person making an application to a Committee and the former employer named in
the application.
Applications—how made.
3.—(1.) An application to a Reinstatement Committee
shall be in writing signed by the applicant or by some person acting with his
Authority and shall be sent or delivered to the Chairman of the Committee at
the office of the Department of Labour and National Service in the capital city
of the State in which the applicant was last employed by his former employer.
(2.)
The name and address of the applicant, the name of his former employer and the
matters upon which the applicant relies in support of his application shall be
set out in full in the application, together with a statement as to the nature
of the application which is made to the Committee.
* Notified in the Commonwealth Gazette on 13th September,
1946.
3847.—Price 3d.
Hearing of applications.
4.—(1.) As soon as conveniently practicable after the receipt of an
application, the Chairman of the Committee shall fix a date on which and a
place at which the Committee shall deal with the application.
(2.)
The Chairman shall give notice to the applicant of the date and place so fixed,
and shall give notice to the former employer named in the application of the
date and place so fixed together with particulars of the application and
matters relied upon in support of the application.
(3.)
A notice to any person under this regulation may be given by sending it by post
in a letter addressed to that person at his last-known or usual place of abode
or place of business.
Representations to Committee.
5.—(1.) A person to whom a notice has been sent in
pursuance of sub-regulation (2.) of the last preceding regulation may send to
the Chairman of the Committee for submission to the Committee written
representations in regard to the matter to be decided by the Committee.
(2.)
The Chairman shall, upon the receipt by him of written submissions in
accordance with sub-regulation (1.) of this regulation, send to the applicant
in a letter addressed to him at the address set out in the application a copy
of the submissions.
Committee may consider application in
absence of parties.
6. A Committee may consider any application without the attendance of
a party or any person on his behalf.
Board not to be bound by rules of
evidence.
7. A Committee may, in considering an application, do so without
regard to legal forms and solemnities and shall not be bound by any rules of
evidence, but may inform itself on any matter in such manner as it thinks fit.
Protection of members of Committee.
8.The Chairman and every member of a Committee shall, in
the exercise of his functions, have the same protection and immunity as a
Justice of the High Court.
Parties may give evidence.
9. A party may give evidence before a Committee and may call witnesses
on his behalf.
Representation of parties.
10.—(1.) A party to an application may be represented
by a person appointed by him for the purpose.
(2.)
A person so appointed shall not, except with the consent of the Chairman, be a
barrister or solicitor or a person whose name has been struck off any roll of
barristers or solicitors, or whose application for admission to practise as a
barrister or solicitor has been refused.
Exclusion of witnesses.
11.At the hearing of an application
the Committee may order that any witnesses shall be excluded from the place of
hearing.
Evidence need not be taken down in
writing.
12. It shall not be necessary for any evidence given at the hearing of
an application to be taken down in writing.
Summoning of witnesses.
13.— (1.) The Committee may, by writing under the hand
of the Chairman of the Committee, summon any person to attend the hearing of an
application at the time and place mentioned in the summons and then and there
to give evidence and to produce any books, documents or writings in his custody
or control which he is required by the summons to produce.
(2.)
A summons under this regulation shall be served personally or by leaving it at
the usual place of abode of the person to whom it is addressed.
Administration of oaths or affirmations.
14. The Chairman of the Committee may administer an oath or affirmation
to a party or any person appearing as a witness at the hearing of an
application, whether the witness has been summoned or appears without being
summoned, and any member of the Committee may examine the witness upon oath or
affirmation.
Failure to attend or produce documents.
15.—(1.) A person who has been served with a summons
under regulation 13 of these Regulations shall not, without reasonable excuse,
refuse or fail to attend the hearing of the application or to produce any
documents, books or writings in his custody or control which he is required by
the summons to produce.
Penalty:
Fifty pounds.
(2.)
It shall be a defence to a prosecution in respect of a refusal or failure,
without reasonable excuse, to produce any documents, books or writings if the
defendant proves that the documents, books or writings were not relevant to the
subject-matter of the application.
Refusal to be sworn or to give evidence.
16. A person appearing as a witness at the hearing of an application
shall not refuse to be sworn or make an affirmation or to answer any question
relevant to the application which is put to him.
Penalty:
Fifty pounds.
False testimony.
17. A witness at the hearing of an application shall not knowingly
give false testimony in any evidence.
Penalty: Fifty pounds.
Statements made by witness not admissible
in evidence against him.
18.A statement or disclosure made by a witness to a
Committee shall not, except in proceedings for an offence arising under these
Regulations, be admissible in evidence against him in any civil or criminal
proceedings in any court.
Protection and liability of witnesses.
19. A witness at the hearing of an application shall have the same
protection and shall be subject to the same liabilities in any civil or
criminal proceeding as witnesses in any matter before the High Court.
____________________
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.