Public Service Arbitration Act 1955

Legislation au C1955A00002 Not in force Act

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PUBLIC SERVICE ARBITRATION.

 

No. 2 of 1955.

An Act to amend the Public Service Arbitration Act 1920–1952.

[Assented to 18th May, 1955.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Public Service Arbitration Act 1955.


(2.) The Public Service Arbitration Act 1920–1952 is, in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Public Service Arbitration Act 1920–1955.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Arbitrator may refuse to hear and determine certain claims, applications and matters.

3. After section fourteen of the Principal Act the following section is inserted:—

“14a. If it appears to the Arbitrator—

(a) that the subject-matter of a claim or application made to him under this Act„ or a matter forming part of or arising out of such a claim or application—

(i) is trivial; or

(ii) has been dealt with, is being dealt with or is proper to be, and can be, dealt with by another industrial authority; or

(b) that it is unnecessary or undesirable in the public interest to deal with a claim or application made to him under this Act or a matter forming part of or arising out of such a claim or application,

the Arbitrator may refrain from hearing, or further hearing, and. from determining, the claim, application or matter.”.

Reference to the Full Court.

4. Section fifteen a of the Principal Act is amended by inserting in sub-section (1.), after the word “matter” (first occurring), the words “forming part of or”.

Hearing by the Full Court.

5. Section fifteen b of the Principal Act is amended by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-section:—

“(2.) Where a claim, application or matter has been referred to the Full Court under the last preceding section—

(a) the Full Court may refer the claim, application or matter back to the Arbitrator, who shall hear and determine it; or

(b) the Full Court may refer a matter forming part of or arising out of the claim, application or matter back to the Arbitrator, and, in that case—

(i) the Arbitrator shall hear and determine the matter referred back; and

(ii) the Full Court shall hear and determine the claim, application or matter with the exception of the matter referred back to the Arbitrator.”.

6. Section nineteen of the Principal Act is repealed and the following section inserted in its stead:—

Representation.

“19.—(1.) Subject to this section, a person or organization shall not be represented in proceedings under this Act by counsel or solicitor.

.

“(2.) The last preceding sub-section does not prevent the representation, in proceedings under this Act—

(a) of an organization by—

(i) a member or officer of that organization; or

(ii) a member or officer of another organization who is representing that other organization in proceedings being heard at the same time as the first-mentioned proceedings;

(b) of a Minister by—

(i) an officer of the Public Service Board; or

(ii) an officer of the Public Service of the Commonwealth who is employed in the Department administered by the Minister;

(c) of the Public Service Board by an officer of the Public Service Board; or

(d) of a public institution or authority of the Commonwealth by—

(i) a person employed by that public institution or authority; or

(ii) an officer of the Public Service Board.

“(3.) In proceedings under this Act before the Court of the Chief Judge, a person or organization may, with the leave of the Court or the Chief Judge, as the case may be, be represented by counsel or solicitor.

“(4.) In this section, ‘officer of the Public Service Board’ means an officer of the Public Service of the Commonwealth who is employed under the direct control of the Public Service Board.”.

Determination to be laid before Parliament.

7. Section twenty-one of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Subject to this Act, a determination of the Arbitrator shall come into operation upon the expiration of a period of thirty days, or of such longer period as the Arbitrator specifies in the determination, after the determination has been laid before both Houses of the Parliament.”.

Determination inconsistent with Commonwealth law or regulations.

8. Section twenty-two of the Principal Act is amended by omitting from sub-section (7.) the word “later” and inserting in its stead the word “longer”.

Application of this Act to existing claims, &c.

9. The application of the Principal Act as amended by this Act extends to and in relation to—

(a) claims and applications made to the Arbitrator under the Principal Act before the commencement of this Act; and

(b) claims, applications and matters referred to the Full Court under the Principal Act before the commencement of this Act.

Overview

The Public Service Arbitration Act 1955 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, and received Royal Assent on 18 May 1955. This Act amends the Public Service Arbitration Act 1920–1952, providing an update to address certain procedural and jurisdictional issues within the arbitration process. The policy objective of this Act is to refine the scope and process of arbitration within the public service, ensuring that the Arbitrator has the discretion to manage trivial or inappropriate claims and that the Full Court can effectively review and manage more complex matters. This amendment aims to streamline the arbitration process and ensure that it remains a viable and efficient means of resolving disputes within the public service.

Scope and Application

The Public Service Arbitration Act 1955 applies to persons and entities involved in claims, applications, and matters under the Public Service Arbitration Act 1920–1955. The Act pertains to the conduct and transactions of claims and applications made to the Arbitrator and those referred to the Full Court. Its jurisdiction is at the Commonwealth level, extending to claims and applications made under the Principal Act before the commencement of this Act. Notably, the Act allows the Arbitrator to refrain from hearing and determining certain claims or matters that are deemed trivial, already being dealt with by another industrial authority, or unnecessary or undesirable in the public interest. Additionally, the Act regulates the representation of parties in proceedings, prohibiting the use of counsel or solicitors except under specific circumstances and with permission from the Court of the Chief Judge. The Act also mandates that determinations by the Arbitrator come into operation after a specified period following their presentation to both Houses of the Parliament, ensuring a structured legislative oversight. The application of the Act extends to existing claims and matters, ensuring continuity in the arbitration process.

Key Provisions

The Public Service Arbitration Act 1955 introduces several key amendments to the Public Service Arbitration Act 1920-1952. Firstly, it introduces Section 14a (paragraph 3), which allows the Arbitrator to refuse to hear or determine certain claims, applications, or matters if they are trivial, being handled by another industrial authority, or unnecessary or undesirable in the public interest. This provision grants the Arbitrator discretion to manage their workload more efficiently and to ensure that resources are directed towards more significant issues. Section 15a (paragraph 4) and Section 15b (paragraph 5) are also amended to clarify the process by which claims or matters can be referred between the Arbitrator and the Full Court, ensuring that the appropriate body has the opportunity to address each component of a case. The Act imposes specific obligations on parties and entities involved in proceedings under it. For instance, Section 19 (paragraph 6) generally prohibits the representation of persons or organisations by counsel or solicitors in proceedings, with exceptions for certain officials and representatives. Additionally, Section 21 (paragraph 7) stipulates that a determination by the Arbitrator will come into operation after a specified period, typically thirty days, following its presentation to both Houses of Parliament, allowing for parliamentary review before implementation. Failure to comply with the provisions of the Act may result in various consequences. While specific offences and penalties are not detailed in the provided text, the Act’s structure suggests that breaches of its provisions could be subject to judicial review or other legal remedies. The Act's focus on procedural clarity and the Arbitrator's discretion indicates an intent to maintain orderly and efficient arbitration processes, with potential implications for those who do not adhere to these procedures.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.