Transport (Administration) Act 1943 (NSW)

Transport (Administration) Act. 265.

TRANSPORT (ADMINISTRATION) ACT.

Act Xo. 23, 1943.

An Act to make further provision for and in re- George

lation to the administration of the various departments of the Ministry of Transport; to provide for the appointment of pro­ motions committees; for these and other purposes to amend the Government Rail­ ways Act. 1912, the Transport Act, 1930, the Transport (Division of Functions) Act, 1932, and certain other Acts in certain respects; and for purposes connected there­ with. [Assented to, 28th July, 19-13.]

~r~>E it enacted by the Kind’s !̂ ôst Excellent Majesty, .

_IA by and Avitli the advice and consent of tlie Legis­ lative Council and l.cgislative Assembly of New South IVales in Parliament assembled, and by the authority of the same, as follows :—

1. (1) This Act may he cited as the “ Transport	Short tWe
£.î d eit£.Uo&..

(Administration) Act, 1943.”

(2) The (jovernment Eailways Act, 1912, as amended by subsequent Acts and by this Act may be cited as the Government Eaihvays Act, 1912-1943.

(3) The Transport Act, 1930, as amended by subsequent Acts and by this Act may be cited as the Transport Act, 1930-1943.

(4) The Transport (Division of Functions) Act, 1932, as amended by subsequent Acts, and by this Act may be cited as the Transport (Division of Functions) Act, 1932-1943.

2 . The Transport (Division of Functions) Act, 1932, as amended by subsequent Acts, is amended—

AnacEdmcBt

of Act !No.

31, 1932.

(a)	by inserting at the end of section five the follow­	Sec. 5.
ing new subsection:—	(Ccrnn;!?-
BJOiier fo r

(5) In the exercise and performance of the Road

powers, authorities, duties and functions con­	Transport
and
ferred and imposed upon the Commissioner for	Trairwajs.)

. Eoad

266                  Transport (Administration) Act.

Mo. 23, 1 9 « . Eoad Transport and Tramway.'s by or under this or any other Act, such Commissioner shall he subject to the control and direction of the Minister.

Sec. 6. (b) by inserting at the end of section six the follow­ (5) In the exercise and performance of the powers, authorities, duties and functions con­ ferred and imposed upon the Commissioner for Main Eoads by or under this or any other Act, such Commissioner shall be subject to the con­ trol and direction of the ]\Iinistor.

(Commia-	ing new subsection:—
siouer for
Main Boada.)

3 .       The Government Eailways Act, 1912-1941, is

■Amendment of Act No. 30,1912. amended—

Sec. 59. (a) by omitting from section fifty-nine the words

(Bights and	“ issued under the last preceding section” and
liabilities
under freo	by inserting in lieu thereof the words “ autho­
passes.)	rising free travel on the railways” ;

Sec. 60.	(b) by omitting from section sixty the words “ one
(Fraudulent

use of free	of the persons entitled under the provisions of
passes.)	this Act” and by inserting in lieu thereof the
word ‘ ‘ entitled ’ ’
Further

amendment 4 . The Government Eailways Act, 1912-1941, is

of Act No.	further amended—
30,1912.

Sec. 76. (a) by omitting subsection two of section seventy-

(Promo­	six and by inserting in lieu thereof the follow­
tions.)	ing subsection—•

(2) Where the head of the branch so advises

. the Commissioner he shall set out his reasons for such advice together with the name and position of seniority of any officer in his branch who in his opinion should be passed over.

The Commissioner shall refer the proposal as to the filling of the vacancy to a promotions committee constituted under this Act.

The promotions committee shall inquire into the claims to the promotion in question of all officers proposed to be passed over and shall report to the head of the branch its opinion thereon.

The

Transport (Administration) Act. 267

The head of the branch shall forward such No. 23, 1943.

report together with any recommendation he

~

sees lit to make to the Commissioner with all

convenient despatch.

(b) by inserting next after section seventy-six thexewsce. following new section:—

7Ga. (1) A promotions committee shall con-Promotion*

Sist of— committeo.

(a)	a chairman who shall be appointed by the Commissioner;
(b)	the chief staff officer of the branch in which the officer whose case is under consideration is employed, or where there is no chief staff officer, the senior officer engaged in staff work in that branch; and
(c)	an officers’ representative Avho shall be an officer of the branch in which the officer whose case is under considera­ tion is employed, and who shall be

I      selected by or on behalf of the officers of that branch in the manner prescribed by regulations to be made in that behalf by the Governor.

The provisions of subsection two (other than paragraph (i)) of section one hundred and two of this Act shall extend to and in respect of regulations made under this subsection.

(2) Meetings of a promotions commit­ tee shall be convened by the chairman.

(3) At a meeting of a promotions com­ mittee the chairman and each member shall have one vote and the decision of the majority shall be the decision of the committee.

(4) When considering any matter re­ ferred to it a promotions committee may take evidence or obtain information in such manner as seems to it best calculated to enable it to reach a just conclusion.

' ii: (5)

268                 Transport (Administration) Act.

Mo. 23, IMS. (5) The member of the promotions com­

mittee referred to in paragraph (b) of subsec­ tion one of this section may from time to time appoint a deputy to act on his behalf either generally at all meetings or at any particular meeting or meetings of the promotions com­ mittee at which he is unable to be present; and if a deputy is so appointed and his appointment notified to the chairman he shall be entitled so to act, and, while so acting, shall possess all the powers, privileges and immunities of a member of the promotions committee.

Bee. 77.	(c) by omitting from subsection two of section
eiamina-

(Competitira	seventy-seven the word “ merit” and by insert­
tiona.)	ing in lieu thereof the word “ seniority” ;

Bee. 83. (d) by inserting next after subsection one of sec­

(Officers tion eighty-three the following new subsec­

guilty of ■

misconduct,	tion :—
how dealt
with.)	(1a) The officer in charge of any workshop, locomotive or other depot, refreshment room or other place may temporarily suspend any

'	officer of inferior rank, position, or grade to his own who is in his charge until the officer at the head of the branch has dealt with such suspen-
’	sion.
Where an officer has been temporarily sus­ pended under this subsection or under subsec­ tion one of this section, and the officer at the head of his branch has not imposed any punish­ ment in respect of the matter, the officer so suspended may appeal to the board constituted under section eighty-seven of this Act against his temporary siispension.

See. 85,	(e) by omitting section eighty-five;
Subst.	(f) by omitting section eighty-six and by inserting

sec. 86.	ill lieu thereof the following section:—-
Appeals	86. Where a decision has been made by the Commissioner to promote an officer to fill any vacancy in any branch of the railway service and such officer is not the officer next in rank, position, or grade, any officer in the branch
« ncerning
|>romotions.

who

Transport (Administration) Act. 269

who has been passed over may appeal to the No. 23, 1948

Appeals Board constituted under section

eighty-seven of this Act;

i s ) by omitting from subsection one of section Sec. 87.

eighty-seven the word “ other” ;

(h) “ secretary to the Commissioners” and by in- (Eecords.);

by omitting from section ninety the words Sec.90. the board” ;

(i)  by inserting next after section ninety-one the New sec. following new section:—

91a. In the case of an appeal against punish- Appeals ment imposed the appellant shall on application p"û ,ushmeiit. be entitled to be supplied by the Commissioner without cost to himself with copies of all state­ments or reports which have been submitted to the Commissioner in connection with the inci­dent or incidents which formed the basis for the punishment against which he is appealing.

Such copies shall, where practicable, be so supplied at least three days before the hearing of the appeal.

No proceedings, civil or criminal, shall lie or be allowed against the Commissioner, or against the person who has made any statement or report a copy of which is so supplied, for or in relation to any matter contained in such state­ ment or report which is or is alleged to be defamatory.

(i)  by omitting from subsection two of section Sec.93. ninety-three the words “ as provided in section (Appeal eighty-five” ;

sioners.)

(k)	by inserting at the end of section 100b the Sec. ioob.
following new subsection:— (Officer

_ _ incapaci-

(3) An officer who has been incapacitated by tatedbj

injury arising out of and in the course of his employment shall, except where such injury was caused by his own serious and wilful miscon­ duct, be entitled, in addition to any payment under subsection one or subsection two of this section, to the cost of such medical or hospital

treatment

270                 Transport (Administration) Act.

No. 23, 1943.	treatment or ambulance service as may be reasonably necessary having regard to the injury received by the officer.
The provisions of subsections two to seven, both inclusive of section ten of the Workers’’ Compensation Act, 1926-1942, shall, mutatis- mutandis, apply to and in respect of such medical or hospital treatment or ambulance service.

Sec. IOOe. (l) by omitting paragraph (iii) of subsection one

(Election as	of section IOOe and by inserting in lieu thereof
to bcuelita.)	the following paragraph:—

(iii) to make a claim for damages against such Commissioner, in which case—

(a) if he succeeds in his claim for damages he shall not be entitled to claim such gratuity or to make any claim against such Commissioner

" for compensation;

/ ̂ (b) if ho does not succeed in his claint for damages he shall be entitled to make a claim against such Commis­ sioner for compensation but shall not be entitled to claim such gratuity.

Kew sec. (m) by inserting next after section one hundred and

lOlA.	. one the following new section:—
Beference of

eertain 101a. Tlie Commissioner may refer to a pro­

matters to	motions committee constituted under this Act
promotions	any matter concerning the senioritj^, grading or
committee.	classification of any officer.
The promotions committee shall inquire into- any matter referred to it under this section and shall fui-nish a report and recommendation to- the Commissioner.

Snbst. see. (n) by omitting section one hundred and six and by

106.  inserting in lieu thereof the following section:—

Bepresenta*	106. In all public inquiries and investigations departmental inquiries into the cause of any accident or in respect of any irregularity in regard to which a charge involving punishment
tion of	into the cause of any accident and in all formal
ofScers. ,

has

Transport (Administration) Act. 271

lias been or may be laid against an officer any No. 23, 1943.

officer concerned in the accident or in the irregu­

larity shall have the right to be represented by

the secretary or other officer of his nnion or by

a person ’whom he may select to represent his

interests at such inquiry or investigation.

{o) by omitting subsection one of section 107a and Sec. io 7a.

by inserting in lieu thereof the following sub­

section: ■

judgments.)

(1) Wliere judgment has been given by any

court against any officer for the payment of any

sum of money, or against any contractor to the

,	•Commissioner for the payment of any sum of money in respect of any dishonoured cheque or promissory note or upon any guarantee or bond
•	or for rent of any land or for goods supplied or money lent or for wages due in connection with
■	his contract with the Commissioner, the person in whose favour the judgment has been given may serve on the Commissioner a copy of the judgment certified under the hand of the regis- Irar or other proper officer of the court by
'	'which the judgment was delivered or in which it was obtained and a statutory declaration stating that the judgment has not been satisfied
'	by the judgment debtor and setting out the amount due by the judgment debtor under the judgment;

(p)

by inserting in paragraph (c) of section one Sec. 134.

hundred and thirty-four before the word (Obstruc	tions and
“ wilfully” the words “ assaults or” ;	trespasses.)

■(q) by omitting the Third Schedule and by inserting Snbst.Third

in lieu thereof the following Schedule:— Schedule.

T H IR D SCHEDULE. Sec. 87.

(a) Salaried officers in the employ of the Commissioner

(with the exception of engine-drivers, guards, shunters and signalmen who are paid by annual salaries) in the follow­

ing

d i v i s i o n s ■

Division 1—Professional officers.

Division 2—Other salaried officers.

(b)

272                  Transport (Administration) Act.

Ho. 23, 1943. (b) Male officers on wages and engine-drivers, guards,. shunters and signalmen excepted from paragraph (a) o f this Schedule in the following divisions:—

Division 1—Officers in the clerical and running staff

■ sections of the Mechanical Branch including engine-drivers who are paid by annual salaries..

Division 2—Officers in the mechanical sections of the

Mechanical Branch.

Division 3—Officers in the Traffic Branch including:

guards, shunters and signalmen who are paid by

, annual salaries.

Division 4—Officers in the Way and Works Branch- Division 5—Officers in the Signal and Telegraph.

Branch.

Division 6—Officers in the Electrical Branch.

Division 7—Officers in the Refreshment Rooms-

section of the Secretariat.

(c) Female officers on wages.

Amendment

of Act No. 5 . The Transport Act, 1930, as amended by subse­

18,1930. quent Acts, is amended—

Eubst. (a) by omitting section one hundred and nine and

sec. 109.

by inserting in lieu thereof the following sec­

tion :—

guilty of

Officers

109. Whenever any officer or employee in any branch of the service of the Commissioner for Road Transport and Tramways is guilty of misconduct or of breaking any rule or regula­ tion of that service the officer at the head of such branch may—

misconduct.

(a) dismiss or suspend him,

(b) reduce him in rank position or grade and pay,

but every such officer or employee so dealt with shall be notified in writing of the nature of the misconduct charged or of the breach of rule or regulation alleged to have been committed and may appeal in the manner provided in section one hundred and fourteen of this Act.

See. 114.	(b) (i) by omitting from subsection three of section one hundred and fourteen the words “ Management Board” and by inserting in lieu thereof the words “ Appeal Board” ;
(Appeal
Board.)

, (ii)

Transport (Administration) Act. 273

(ii)

by omitting from subsection five of tlie No. 23, 1943, Board” and by inserting in lieu thereof the words “ Appeal Board” ;

(c)	by inserting at the end of section one hundred Sec. 124.
and twentv-four the following new subsection:— (Officer nicapacj*-

(3) An officer who has been incapacitated by Injurŷ )

injury arising out of and in the course of his employment shall, except where such injury vms caused by his own serious and wilful misconduct, be entitled, in addition to any payment under subsection one or subsection two of this section, to the cost of such medical or hospital treatment or ambulance service as may be reasonably necessary having regard to the injury received by the officer.

The provisions of subsections two to seven both inclusive of section ten of the Workers’ Compensation Act, 1926-1942, shall, mutatis mutandis, apply to and in respect of such medical or hospital treatment or ambulance service.

(d) (i) by omitting subparagraph (c) of para-See. I24c. graph (i) of subsection one of section 124c (Election and by inserting in lieu thereof the follow- benefits.) ing subparagraph:—

(c) to make a claim for damages against such Commissioner, in which case—

(a)	if he succeeds in his claim for damages he shall not be entitled to claim such gratu­ ity or to make any claim against such Commissioner for compensation;
(b)	if he does not succeed in his claim for damages he shall be entitled to make a claim against such Commis­ sioner for compensation but shall not be entitled to claim such gratuity.

(ii)

274                  Transport (Administration) Act.

No. 23, '943. (ii) by omitting subparagraph (b) of paragraph (ii) of the same subsection and by insert­ ing in lieu thereof the following siibpara-

, graph:—

(b) to make a claim for damages against such Commissioner, in which case—

(a)	if he succeeds in his claim for damages he shall not be entitled to make any claim against such Commissioner for compensation;
(b)	if he does not succeed in his claim for damages he shall be entitled to make a claim against such Commissioner for compensation.

New sec. (e) by inserting next after section one hundred and

128.\. twenty-eight the following new section;—

Enforcement	128a . (1) Where judgment has been given by
of judg­

ments,	any court against any officer or employee in
cf. Act No.	any branch of the service of the Commissioner
30,1912,	for Eoad Transport and Tramways (in this

s. 107 a. section hereinafter referred to as “ officer” ) for the payment of any sum of money, or against any contractor to the Commissioner for the payment of any sum of money in respect of any dishonoured cheque or promissory note or upon any guarantee or bond or for rent cf any land or for goods supplied or money lent or for wages due in connection with his contract with the Commissioner, the person in whose favour the judgment has been given may serve on the Commissioner a copy of the judgment certified under the hand of the registrar or other proper officer of the court by which the judg­ ment was delivered or in which it was obtained and a statutorj" declaration stating that the judgment has not been satisfied by the judgment debtor and sotting out the amount due by the judgment debtor under the judgment.

(2) Upon the service upon him of a

copy of a judgment and a statutory declaration

Transport (Administration) Act. 275

in pursuancG of this section, the Commissioner	23, 194S.
shall, as soon as practicable, notify the judg­ ment debtor in writing of the service of the copy judgment and statutory declaration and require him to state in Avriting, within a time to be specified by him, AAdiether the judgment has been satisfied, and if so, to furnish evidence in support thereof, and if the judgment has not been satisfied, to state the amount then due under it.
(3) If the officer or contractor fails to prove to the satisfaction of the Commissioner that the judgment has been satisfied, the Com­ missioner may, from time to time, deduct from the net amount of any moneys payable to the officer or contractor such sums as are in his opinion reasonable toAvards the satisfaction of the judgment, and shall pay those sums to the judgment creditor:
Provided that in no case shall a deduction be made Avhich Avill reduce the amount to be receh^ed by an officer to less than a sum per Aveek equivalent to the amount ascertained in accordance Avith subsection four of this section, or to less than one-third of the amount Avffiich Avould, but for the iirovisions of this section, be payable to the officer, whichcAmr is the greater.
(4) The amount which, pursuant to the proviso to subsection three of this section is to be ascertained in accordance Avith this subsec­ tion, shall—

(a) in the application of that proviso to a male officer, be ascertained by deduct­ ing five shillings from the amount of the needs basic wage for the time being applicable to aAvards of the Common­ wealth Court of Conciliation and Arbitration for employees of the Com­ missioner Avith the fixed loading addi­ tion determined in any judgment of that Court delivered either before or

after

276                  Transport (Administration) Act.

JNo. 23, 1943. after the commencement of the Indus­ trial Arbitration Act, 1940, as being applicable for the time being in relation to such awards;

(b) in the application of that proviso to a female officer, be ascertained by deducting five shilling's from an amount equivalent to fifty-four per centum (calculated to the nearest six­ pence) of the total sum which com­ prises the needs basic wage for the time being applicable to awards of the Commonwealth Court of Conciliation and Arbitration for employees of the Commissioner with the fixed loading addition determined in any judgment of that Court delivered either before or after the commencement of the In­ dustrial Arbitration Act, 1940, as being applicable for the time being in relation to such awards.

(5) Where more than one judgment and statutory declaration are served upon the Com­ missioner in respect of one judgment debtor, the judgments shall be dealt with under this section in the order of service thereof upon the Commissioner.

(6) A payment made to a judgment creditor in pursuance of this section shall, as between the Commissioner and the officer or contractor, be deemed to be a payment in full in money to the extent of such payment by the Commissioner to the officer or contractor.

(7) Any person to Avhom a payment has been made in pursuance of this section who fails to notify the Commissioner immediately a judgment debt in respect of which the pay­ ment was made, is satisfied, shall be liable to forfeit to the Commissioner a penalty not ex­ ceeding fifty pounds.

(8) If any payment made in pursuance

of this section exceeds the amount due under

the judgment, the excess shall be repayable by

the

Supply Act. 277

tlie Comiiiissioiiev tu tlio .iiulgmc-nt (.k‘btov, autl no. 23, i m 3.

ill default of payment, may Im la-eovered by the judgment debtor in any eomt of coiiipotcnt jurisdiction.

(9) The foregoing provisions of this section shall not apply in relation to any ofticer or contractor ivho.se estate lia.s been .sequestrated either volnntarih' or corninilsorily for the bene- lit of his ci'editors, and who has not obtained a certificate of discharge.

(10) The remedy prescribed by this section shall not, as regards any officer or con­ tractor, limit or affect any other remedy which may be open under the ordinary process of the law; but as regards the Commissioner such remedy shall be an exclusive one.

by inserting in paragraph (c) of section two sec. 223. hundred and twenty-three before the ŵ ord (Obstruc-

“ wilfully’’ the words “ assault or” . trespas^a)