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©State of Queensland
RAILWAYS ACT 1914-1971
and
An INDEX
(Compiled to 1 November, 1971)
Prepared by direction of The Honourable W. E. KNOX, M.L.A.,
Minister for Transport
By Authority: S. R. HAMPSON, Government Printer, Brisbane-*1978
TABLE OF CONTENTS
RAILWAYS ACT 1914-1971 INDEX
PAGE
1 83
Railways Act of 1914, 5 Geo. 5 No. 24 Amended by
Railways Act Amendment Act of 1915, 6 Geo. 5 No. 28 Railways Act Amendment Act of 1923, 14 Geo. 5 No. 15 Railways Acts Amendment Act of 1926, 17 Geo. 5 No. 13 Railways Acts Amendment Act of 1929, 20 Geo. 5 No. 20 Railways Acts Amendment Act of 1934, 25 Geo. 5 No. 25 Railways Acts Amendment Act of 1946, 10 Geo. 6 No. 19 Statutory Salaries and Allowances Act of 1950, 14 Geo. 6 No. 29 Railways Acts Amendment Act of 1951, 15 Geo. 6 No. 34 Statutory Salaries and Allowances Act of 1953, 2 Eliz. 2 No. 23 Railways Acts Amendment Act of 1954, 3 Eliz. 2 No. 4
Statutory Salaries and Allowances Act of 1955, 4 Eliz. 2 No. 9 Railways Acts Amendment Act of 1955, 4 Eliz. 2 No. 10
Railways Acts Amendment Act of 1955, (No. 2), 4 Eliz. 2 No. 31 Statutory Salaries and Allowances Act of 1955 (No. 2), 4 Eliz. 2 No. 36 Statutory Salaries -and Allowances Act of 1958, 7 Eliz. 2 No. 6 Railways Acts Amendment Act of 1958, 7 Eliz. 2 No. 72
Railways Acts Amendment Act of 1959, 8 Eliz. 2 No, 56 Statutory Salaries and Allowances Act of 1960, 9 Eliz. 2 No. 40 Railways Acts Amendment Act of 1961, 10 Eliz. 2 No. 9
Statutory Salaries and Allowances Ac~ of 1963, No. 7 Railways Acts Amendment Act of 1964, No. 25 Railways Acts Amendment Act of 1965, No. 17
Acquisition of Land Act of 1967, No. 48, s. 3 (2) First Schedule Railways Act Amendment Act 1970, No. 39
Railways Act Amendment Act 1971, No. 23
An Act to Consolidate and Amend the Laws with respect to the Construction, Maintenance, Management, and Working of the Railways of the State, and the Appointment, Promotion, Discipline, and Regulation of the Railway Service, and for other purposes connected therewith
[Assented to 17 December 1914]
PART I-PRELIMINARY
1. Short title. This Act may be cited as "The Railways Act of 1914."
Collective title conferred by Act of 1971, No. 23, s. 1 (3).
2. Parts. This Act is divided into Parts, as follows:-
PART I-PRELIMINARY;
PART II-THE COMMISSIONER AND STAFF;
PART III-APPROVAL, CONSTRUCTION, AND MAINTENANCE OF RAILWAYS;
PART IV-RAILWAY DISTRICTS;
PART V-ADMINISTRATION; . PART VI-GENERAL PROVISIONS;
PART VII-THE MouNT IsA RAILWAY PROJECT.
As amended by Act of 1959, 8 Eliz. 2 No. 56, s. 2.
2 ss. 3-4 RAILWAYS ACT •1914-1971
3. Commencement of Act. Save as is herein otherwise provided, this Act shall come into operation on the first day of January, one thousand nine hundred and fifteen.
3A. Act not to apply to construction works. ( 1) For the purposes of this section the term "construction works" means works for or in connection with the construction and improvement of railways, construction of sidings, deviations, buildings, structures, workshops, bridges, water supplies, stations, platforms, station yards and facilities, the work of increasing the number of railway tracks, re-grading track, installation of communications, the carrying out of signalling, interlocking and electrical. installations, earth works, flood prevention works, drainage, the obtaining of stone or ballast, paid for or to be paid for in whole ~r in part out of loan funds and any other works so paid or to be paid for which the Commissioner declares to be construction works (the Commissioner being hereby authorised to so declare from time to time) .
(2) The following provisio11s of this Act do not apply to employees engaged for the sole purpose of carrying out construction works, namely, the two last paragraphs of subsection four of section seventeen, sections twenty, twenty-one, twenty-three, thirty, thirty-two, 32A,. 32B, 32c, 32o and the last paragraph of section 32E. ·
Inserted by Act of 1959, 8 Eliz. 2 No. 56, s. 3.
4. Repeal. The Acts mentioned in the Schedule ;to this Act are repealed:
Provided as follows:-
(i) General saving. All State railways, and all lands, structures, dams, easements, undertakings, and works heretofore con- structed, acquired, maintained, worked, or used for the purposes of or in connection with any State railway, shall be deemed to have been lawfully constructed, acquired, main- tained, worked, and used, and, unless herein otherwise provided, shall be subject to this Act.
(ii) Existing employees. All employees in the service at the commencement of this Act shall be deemed to have been appointed by the Commissioner under this Act.
(iii) Saving of rights, etc., to officers. 1888, s. 66. Nothing in this Act shall prejudice or affect any employee in the service in respect of his right to any compensation or retiring allowance, or to any other right, privilege, or immunity under "The Civil Service Act of 1863" or "The Civil Service Act of 1863 Extension Act."
(iv) Existing rules, regulations, and by-laws. 1888, s. 43. All rules, regulations, and by-laws in force at the commencement of this Act having reference to the State railways, and not inconsistent with this Act, shall be read and construed as if the same had been made and shall be deemed to have been made as by-laws under the authority of this Act, and shall be and remain in full force until altered or repealed under the authority of this Act.
5. Interpretation. 1863, s. ·142. 1880, s. 1. 1888, s. 4. 1896, s. 3. 1906, s. 3. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:-
"By-laws"-By-laws made or deemed to be made under this Act;
"Charge"-Includes any rate, fare, charge, demurrage, storage, or other payment payable under this Act;
"Commissioner"-The Commissioner for Railways holding that office at the commencement of this Act, and any Commissioner for Railways appointed under this Act;
"Department"-The Railway Department;
"Employee''-Any person whomsoever employed by the Commissioner under this Act;
"General Manager"-In respect of a Division of the Railways, the officer appointed from time to time by the Commissioner to have charge of that Division;
"Goods"-Includes animals and things of every kind conveyed by railway;
"Land Court" and "Land Appeal Court"-Respectively the Land Court· and Land Appeal Court constituted under "The Land Act of 1910": the term "Court" includes the Land Court and, on appeal, the Land Appeal Court;
"Local Authorities Acts"-"The Local Authorities Acts, 1902 to 1913," and any Act amending or in substitution for those Acts;
"Local Authority"-A Local Authority constituted under "The Local Government Acts, 1936 to 1958": The term includes any Joint Local Authority, Brisbane City Council constituted under "The City of Brisbane Acts, 1924 to 1959," and any corporation constituted under "The City of Brisbane Acts, 1924 to 1959," and any corporation constituted under any Act where, pursuant to any Act, that corporation is a Local Authority;
"Minister"-The Minister for Transport or other Minister of the Crown for the time being charged with the administration of this Act;
"Owner" used with respect to land-The owner in fee-simple and all persons having any estate or interest therein;
"Prescribed"-Prescribed by this Act;
"Railway"-Any railway or tramway and any part or portion, extension, or branch of any railway or tramway .constructed or worked under this Act, and vested in the Commissioner:
the term, where necessary, includes all lands, buildings, structures, works, matters, and conveniences connected therewith or appurtenant thereto;
"Registrar of Titles" includes any local Deputy Registrar of Titles;
"Road"-Any road, street, highway, or thoroughfare, and any bridge or culvert on a road;
"Secretary"-The Secretary to the Commissioner;
"Service"-Service in the Department;
4 SS. 5A·7 RAILWAYS ACT 1914-1971
"This Act"-This Act and the by-laws and any Order in Council or Proclamation made thereunder: the term also includes the provisions of any other Act which confer powers or jurisdic-
tion upon the Commissioner; t
"Ticket"-Any ticket, pass, symbol, or other evidence of a right or liberty to travel as a passenger upon any railway, of whatever material such ticket consists;
"Vessel"-Any ship, barge, lighter, or boat howsoever propelled.
As amended by Act of 1915, 6 Geo. 5 No. 28 s. 2; Act of 1923, 14 Geo. 5 No. 15, s. 2; Act of 1959, 8 Eliz. 2 No. 56, s. 4; Act of 1964, No. 25, s. 2.
Acts referred to:
Land Act of 1910; see now Land Act 1962-1971.
Local Authorities Acts, 1902 to 1913; see now Local Government Act 1936-1971.
Local Government Act 1936-1971.
City of Brisbane Act 1924-1969.
SA. Head of branch. Save where qualified by a word or words assigning or indicating some other meaning-
( a) A reference in this Act to head of the branch or to a head of a branch shall be read as referring to the person who, in relation to the branch in question, is head of branch under and within the meaning of the rules made by the Com- missioner by by-law for the guidance of employees as in force for the time being and, when another person is acting temporarily in the office of, or performing the duties of, a person hereinbefore specified in this paragraph (a), then to that other person; and
(b) A reference in this Act to a branch shall be read as referring to a section, part or portion (including employees in a section, part or portion) of the Department in respect whereof a person is head of branch as specified in paragraph (a) of this section.
Inserted by Act of 1955, 4 Eliz. 2 No. 31, s. 2.
PART li-THE COMMISSIONER AND STAFF
6. Appointment of Commissioner. 1902, s. 2. (1) The Governor in Council may from time to time, by commission under his hand and the Public Seal of the State, appoint a Commissioner for Railways for a term not exceeding seven years.
(2) Upon such appointment all the functions, duties, rights, liabilities, privileges, and powers imposed and conferred upon the Com- missioner under this Act or any other Act shall be vested in and be performed and exercised by such Commissioner.
(3) The Commissioner for Railways holding office at the commence- ment of this Act shall continue in office as such Commissioner, and shall be deemed to have been appointed under and subject to this Act, but at any time during his present term of office or on the expiration thereof he may be reappointed under this Act.
7. Salary of the Commissioner. ( 1) The Commissioner shall, during his continuance in office, receive a salary at such rate per annum, being not less than twelve thousand dollars, as is determined from time to time by the Governor in Council.
(2) Until the first such determination the Commissioner in office at the date of passing of "The Railways Acts Amendment Act of 1965" shall receive, and it is hereby declared always was entitled to receive on and from the twentieth day of July, one thousand nine hundred and sixty-four, a salary at the annual rate of twelve thousand dollars increased by the amount by which the annual rate of the salary payable to the Com- missioner immediately prior to that date had been increased pursuant to the provisions of subsection (2) of section seven of "The Railways Acts, 1914 to 1964."
( 3) The annual rate of the salary payable for the time being to the Commissioner shall, as on and from the first day of July in each and every year, commencing with the first day of July, one thousand nine hundred and sixty-five, be increased or, as the case may be, decreased by the amount calculated on an annual basis to the nearest dollar by which the basic wages for males declared by the Full Bench of the Industrial Conciliation and Arbitration Commission under "The Industrial Conciliation and Arbitration Acts, 1961 to 1964," shall have been increased or decreased during the preceding period of twelve months.
( 4) The amount of the salary payable for the time being to the Commissioner shall be a charge upon and be paid out of Consolidated Revenue which is hereby appropriated accordingly.
Substituted by Act of 1965, No. 17, s. 2; as amended by Act of 1970, No. 39, s. 3 Sch.
Act referred to:
Industrial Conciliation and Arbitration Acts, 1961 to 1964.
8. Commissioner to be a corporation sole-powers and liability. 1896, s. 9. ( 1) The Commissioner, representing the Crown, shall be a corpora- tion sole by the name of "The Commissioner for Railways," and by that name shall have perpetual succession and an official seal which shall be judicially noticed, and shall be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold land, goods, chattels, and other property.
The Commissioner, as such corporation, for all the purposes of any Act, shall have and may exercise all the powers, privileges, rights, and remedies of the Crown.
(2) But, save as by this Act is expressly provided, no exchange, sale, or lease of any land vested in the Commissioner shall have any effect unless or until the same has ·been approved by the Governor in Council:
Provided, however, and notwithstanding any provisions in this Act to the contrary contained, it shall be lawful for the Commissioner with the approval of the Governor in Council to lease any land vested in the Commissioner, for a term of years exceeding five years.
As amended by Act of 1929, 20 Geo. 5 No. 20, s. 2; Act of 1959, 8 Eliz. 2 No. 56, s. 5.
9. Disabilities. 1888, s. 7 (2). The Commissioner shall not be a member of the Executive Council or of either House of Parliament, and shall not act as a director, or auditor, or in any other capacity take part in the management of any bank, joint stock company, or other financial institu- tion, or of any trade or business, or acquire or hold any interest in any
6 ss.l0-13 RAILWAYS ACT 1914-1971
land which may be required to be acquired, taken, or occupied for the purposes of this Act; and in any such case shall be disqualified from
holding the office of Commissioner. ·
The reference to "either House of Parliament" must now be read as to the Legislative Assembly alone, Constitution Act Amendment Act of 1922, s. 2.
10. Suspension and removal from office. 1888, s. 11. ( 1) The Com- missioner may be suspended from his office by the Governor in Council, but shall not be removed from office except as hereinafter provided.
(2) If the Commissioner is so suspended, the Minister shall cause to be laid before both Houses of Parliament a full statement of the grounds of such suspension within seven days thereafter if Parliament is in session and actually sitting, and, when Parliament is not in session or not actually sitting, within seven days after the commencement of the next session or sitting.
( 3) The Commissioner so suspended shall be restored to office unless the Legislative Council and the Legislative Assembly, within twenty-one days from the time when such statement has been laid before them respectively, severally declare by resolution that the Commissioner ought to be removed from office; and if within the said time the Legislative Council and the Legislative Assembly so declare, the Commissioner shall be removed by the Governor in Council accordingly.
The Parliament of Queensland is now unicameral. The Legislative Council was abolished in the year 1922. See Constitution Act Amendment Act of that year.
11. Office, how otherwise vacated. 1888, s. 12. The Commissioner shall be deemed to have vacated his office--
(i) If he is or becomes disqualified under this Act from holding the office of Commissioner;
(ii) If he engages, during his term of office, in any employment outside the duties of his office;
(iii) If he becomes insolvent, or institutes proceedings for liquida- tion of his affairs by arrangement or composition with, or assigns his salary for the benefit of, his creditors;
(iv) If he absents himself from duty for a period of fourteen consecutive days except on leave granted by the Governor in Council (which leave is hereby authorised to be granted), or becomes incapable of performing his duties;
(v) If he becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Com- missioner, or in anywise participates or claims to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom.
12. Governor in Council may fill vacancy. 1896, s. 8. On the occurrence of any vacancy in the office of Commissioner, whether by effluxion of time or otherwise, the Governor in Council may appoint a person to fill the vacancy.
13. General Managers. The Commissioner shall appoint General Managers, who, subject to the Commissioner, shall have charge of different Divisions of the railways as required by the Commissioner.
Substituted by Act of 1923, 14 Geo. 5 No. 15, s. 3; as amended by Act of 1959, 8 Eliz. 2 No. 56, s. 6.
14. Duty of General Managers. The General Managers shall, subject to the direction and control of the Commissioner, assist him in the general management, inspection, and supervision of the railways under their respective charge.
Substituted by Act of 1923, 14 Geo. 5 No. 15, s. 3.
15. Absence, etc., of Commissioner. ( 1) In the case of the illness, suspension, or absence of the Commissioner, the Secretary, under the direction of the Minister, shall during such illness, suspension, or absence have and exercise all the powers and perform all the duties of the Commissioner.
(2) In the case of the death of the Commissioner, the Governor in Council shall temporarily appoint some person who shall assume and exercise all the powers and authorities and perform all the duties of the Commissioner until a new Commissioner is appointed.
Substituted by Act of 1915, 6 Geo. 5 No. 28, s. 3; as amended by Act of 1923, 14 Geo. 5 No. 15, s. 4.
16. Monthly Conference. For the purpose of discussing and facilitating the business of the Department, each General Manager shall, at least once a month, meet in conference the Maintenance Engineer, Traffic Superintendent and Locomotive Engineer attached to his office together with, in the case of the General Manager of the Northern Division, the District Superintendent at Cairns, and in the case of the General
Manag~r of the South-Eastern Division, the District Superintendent at Maryborough, all of whom shall if possible be present at the same time;
and shall furnish to the Commissioner a report with a copy of the minutes of each such monthly conference. The District Superintendent at Cairns and the District Superintendent at Maryborough for the same purpose shall each month prior to their attendance at the conference convened by their respective General Managers meet in conference their engineers in charge of the permanent way maintenance and of the locomotive sections of their districts both of whom if possible shall be present at the same time and shall furnish to their respective General Managers a report with a copy of the minutes of such monthly conference. For the same purpose the Commissioner shall, at least once in every three months, meet in conference the Chief Engineer, Secretary, Chief Mechanical Engineer and Workshops Superintendent, and all General Managers, all of whom shall if possible be present at the same time.
Proceedings at all such conferences shall be conducted in such manner as to the Commissioner seems most convenient for the speedy and effectual despatch of business.
Substituted by Act of 1959, 8 Eliz. 2 No. 56, s. 7.
17. Secretary and other employees. 1888, s. 48. ( 1) The Commissioner shall appoint a Secretary who shall have such powers and perform such duties as are from time to time appointed by the Commissioner.
The Commissioner may in writing from time to time appoint, either generally or in any particular case, another officer to execute documents on behalf of the Commissioner and affix the seal of the Commissioner thereto.
The Commissioner may at any time revoke any such appointment of another officer.
8 s.17 RAILWAYS ACT 1914-1971
Subject to any direction of the Commissioner the Secretary by virtue of his appointment as such and, additionally to the Secretary, any other officer thereunto authorised for the time being by the Commissioner by appointment as aforesaid shall have power to execute documents on behalf of the Commissioner and affix the seal of the Commissioner thereto.
Any document purporting to be executed on behalf of or to have the seal of the Commissioner affixed thereto by the Secretary or by another officer appointed as aforesaid shall be presumed to be duly executed on behalf of the Commissioner or to have ·the seal of the Commissioner duly affixed thereto unless and until the contrary is proved.
(2) The Commissioner shall appoint and employ a Chief Engineer and such officers, clerks, and other employees to assist in the execution of this Act as he thinks necessary.
( 3) Unless in any case the Governor in Council otherwise direots, every employee shall hold office during pleasure only.
( 4) The Commissioner may discontinue the office of any employee.
The Commissioner may suspend any employee.
The Commissioner may, whether or not he suspends the employee concerned-
( a) Fine in a sum not exceeding ten dollars;
(b) Reduce in rank, position, or grade and pay; or (c) Dismiss,
any employee.
The Commissioner. may appoint another person in the place of any employee who is dismissed, or who is reduced in rank, position, or grade and pa~, or who dies, or resigns, or vacates office as hereinafter provided.
Any employee (other than an employee who, immediately prior to the date of being so dealt with by the Commissioner, had not completed more than one calendar month's continuous seryice as an employee of the Commissioner, or a probationer) who is suspended, fined, reduced in rank, position, or grade and pay, or dismissed by the Commissioner by way of punishment, may appeal from such suspension, fining, reduction in rank, position, or grade and pay, or dismissal by a memorial to the Governor in Council withm a time and in the manner to be prescribed by the regulations; and the decision of the Governor in Council on such appeal shall be final, and shall be binding upon both the Com- missioner and such employee.
Any person who is suspended under this section or who is suspended under any other provision of this Act and who, in relation to the cause of such suspension, is dealt with otherwise under this subsection, shall not be entitled to receive payment of salary, wages, allowances or other emoluments for the whole or any part of the period during which he was under suspension unless otherwise determined by the Governor in Council.
( 4A) Where any employee has been convicted and the Court has instead of sentencing him made a probation order pursuant to the provisions of "The Offenders Probation and Parole Act of 1959" in respect
of him, that employee shall in respect of his employment be placed on probation for the probation period mentioned and referred to in section eight of that Act provided-
( a) That if in the opinion of the Commissioner, it is desirable by reason of the offence of which the employee was convicted, that such employee should be transferred to some other position or work or reduced in rank, position or grade and pay, he may so transfer or reduce in rank, position or grade and pay that employee;
(b) That if in the opinion of the Commissioner, the nature of the offence of which the employee has been convicted is such that the employee should not be continued in any capacity or if in respect of the preceding proviso there is not, in the opinion of the Commissioner, a position or employment to which the employee could be transferred or appointed, he may terminate the services of that employee.
Any employee (other than. an employee who, immediately prior to the relevant probation order, had not completed more than one calendar month's continuous service as an employee of the Commissioner or who was employed on probation) who is dealt with by the Commissioner under or pursuant to the powers given to him under the provisoes to the first paragraph of this subsection may appeal from the decision of the Commissioner by a memorial to the Governor in Council at a time and in a manner prescribed in the regulations, and the decision of the Governor in Council shall be final and shall be binding upon the Com- missioner and such employee.
Any employee in respect of whom a probation order as aforesaid is made shall not be entitled to receive any payment of salary, wages, allow- ances or other emoluments or, as the case shall require, the amount of any reduction thereof for the period in respect of which under this subsection his services were terminated or he was transferred or reduced in rank, position or grade and pay or (notwithstanding anything otherwise contained in this Act) for any period during which he was suspended by reason of circumstances in any way associated with those of the charge upon which he was convicted unless otherwise determined by the Governor in Council.
(5) The Commissioner shall pay such salaries, wages, and allow- ances to the employees respectively as Parliament from time to time appropriates for that purpose.
(6) No employee shall, without the permission of the Com- missioner, engage in any employment outside the duties of his office.
As amended by Act of 1923, 14 Geo. 5 No. 15, s. 6; Act of 1929, 20 Geo. 5 No. 20, s. 3; Act of 1946, 10 Geo. 6 No. 19, s. 3; Act of 1951, 15 Geo. 6 No. 34, s. 2; Act of 1959, 8 Eliz. 2 No. 56, s. 8; Act of 1961, 10 Eliz. 2 No. 9, s. 2;
Act of 1970, No. 39, s. 3 Sch.
Act referred to:
Offenders Probation and Parole Acts, 1959 to 1968.
13. Examiners. 1896, ss. 31 to 34. ( 1) The Commissioner may appoint, to hold office during pleasure only, two or more persons to be examiners of candidates seeking employment in the service and, where necessary, the Commissioner or, in respect of each Division, the respective General Manager may appoint, to hold office during pleasure only, examiners of employees who are candidates for promotion to the higher grades in the service.
10 ss.19-21 RAILWAYS ACT '1914-1971
(2) Except in the case of temporary employment, no person shall be appointed to the service who has not obtained a certificate of fitness from the examiners.
As amended by Act of 1915, 6 Geo. 5 No. 28, s. 4; Act of 1923, 14 Geo.
5 No. 15, s. 7; Act of 1946, 10 Geo. 6 No. 19, s. 4.
19. (Repealed.)
Repealed by Act of 1929, 20 G.eo. 5 No. 20, s. 4.
20. Appointments, how to bt: made. 1888, s. 53. ( 1) Every appoint- ment to any of the various branches of the service shall be made to the lowest grade in such branch and on probation only, for a period of six months:
Provided however that a person who has not attained the age of sixty-five years and who previously was an employee on the permanent staff may in the discretion of the Commissioner be reappointed to a rank, position or grade not higher than the rank, position or grade in which such person was employed at the time he ceased to be an employee.
The Commissioner may-
( a) Extend any probation for any further period; and
(b) At any time during the period or extended period of any probation, or after the period or extended period of any probation has expired, annul the probation and dispense with the services of the probationer.
After the period or extended period of probation has expired and upon production of a certificate of fitness from the head of the branch in which the probationer was employed, and upon proof to the satisfaction of the Commissioner that this Act has been complied with, the Com- missioner may confirm the appointment.
(2) Notwithstanding anything in this Act contained, the Com- missioner may appoint to any position or grade, if he thinks fit, without examination, persons of known ability not employed in the service.
But no such appointment shall be made unless the Commissioner has previously obtained the sanction of the Governor in Council to such appointment.
( 3) (Repealed.)
As amended by Act of 1923, 14 Geo. 5 No. 15, s. 8; Act of 1929, 20 Geo.
5 No. 20, s. 5; Act of 1959, 8 Eliz. 2 No. 56, s. 9; Act of 1964, No. 25, s: 3.
21. How promotions made. 1888, s. 56. ( 1) When any vacancy occurs in any branch of the Service not open for competitive examination, it shall be filled, if possible, by the promotion of the senior applicant next in rank, position, or grade to the vacant office who is competent to fill the vacancy.
Where an employee voluntarily relinquishes a higher rank, position or grade in order to· obtain appointment to a vacancy his appointment thereto shall be deemed to be promotion for the purposes of this section, but no appeal shall lie against such appointment by any other employee for whom appointment to such vacancy would entail his relinquishing a higher rank, position or grade.
(2) No employee on the permanent staff shall be passed over unless the head of the branch concerned, in writing, advises the Commissioner of his reasons for so doing.
(3) Any employee on the permanent staff who was an unsuccessful applicant for the vacant office shall have the right of appeal to the Appeal Board as hereinafter provided against any appointment under this section:
Provided that, notwithstanding any other provision of this section, where, consequent on the success of his appeal, an appellant is appointed to fill a vacancy, such an appeal shall not lie against the appointment of that appellant to fill that vacancy save by another employee whose appeal against the appointment first made to fill that vacancy also succeeded.
(3a) How appointments made. The Commissioner may- (i) Allow the appointee to decline the appointment; or (ii) Cancel an appointment made in error.
In either such event or in the event that, before any appointee shall have commenced to perform, pursuant to his appointment, the duties of the office to which he is appointed, such appointee dies or the Com- missioner discontinues such office, the appointment ·shall lapse and the Commissioner may (save where he has discontinued the office) make a fresh appointment from the original list of applicants:
Provided also that an appeal shall not lie against an appointment by the Commissioner of an employee who has been reduced in rank, position, or grade and pay, to a rank, position or grade higher than that to which -such employee was reduced but not higher than the rank, position or grade in which such employee was employed at the time he was so reduced.
( 4) In this section the term "vacancy" and any derivative thereof includes any office which has been notified as temporarily vacant in the Weekly Notice.
(5) How promotions made. Notwithstanding the foregoing provisions of this section an appeal shall not lie to the aforementioned Appeal Board or otherwise howsoever with respect to appointments to the following offices, that is to say, the positions of Secretary to the Com- missioner for Railways, Chief Engineer, Chief Mechanical Engineer and Workshops Superintendent, Comptroller of Stores, Chief Accountant, Chief Railway Auditor, General Managers respectively of Divisions, assistant heads respectively of branches, the Superintendent of Transport, and the Locomotive Engineers, Maintenance Engineers and Traffic Superintendents respectively at Brisbane, Toowoomba, Rockhampton and Townsville, the District Superintendents, the Commissioner's Goodwill Officers and such 1other offices as may be determined from time to time by the Governor in Council (who is hereby authorised so to determine) by Order in Council published in the Gazette; but every such appointment shall be subject to the approval of the Governor in Council, to whom the Commissioner shall submit his recommendation.
Substituted by Act of 1934, 25 Geo. 5 No. 25, s. 2; as amended by Act of 1946, 10 Geo. 6 No. 19, s. 5; Act of 1951, 15 Geo. 6 No. 34, s. 3; Act of 1955, 4 Eliz. 2 No. 10, s. 2; Act of 1955 (No. 2), 4 Eliz. 2 No. 31, s. 3 (1);
Act of 1959, 8 Eliz. 2 No. 56, s. 10; Act of 1964, No. 25, s. 4.
22. Gratuities and overtime payments. 1888, s. 57. ( 1) The head of any branch of the service may, if he thinks fit, certify that in his opinion any employee in his branch is entitled to a gratuity.
12 ss. 22A, 23 RAILWAYS ACT 1914-1971
(2) No gratuity shall be paid upon such certificate without the authority of the Commissioner.
As amended by Act of 1915, 6 Geo. 5 No. 28, s. 6; Act of 1929, 20 Geo.
5 No. 20, s. 7; Act of 1946, 10 Geo. 6 No. 19, s. t
22A. (Repealed.)
Repealed by Act of 1946, 10 Geo. 6 No. 19, s. 7.
23. Misconduct of. employees, how dealt \\'ith. 1888, ss. 58, 59. ( 1) A head of a branch shall have the power with respect to any employee in his branch who has, in his opinion, been guilty of misconduct, neglect of duty, or of breaking any rule or by-law of the service to suspend, or to suspend and charge, or without suspending to charge such employee and, subject to first charging such employee, to-
(a) Caution him;
(b) Fine him a sum not exceeding ten dollars; or
(c) Reduce him in rank, position, or grade and pay; or (d) Dismiss him.
Any employee charged with the duty of superintending the work of other employees may either orally or in writing temporarily suspend at any office, station, workshop or section, any employee of rank, position or grade inferior to his own until the employee so suspended can be dealt with by the head of the branch in which he is employed. Such head may in writing lift the suspension or confirm it. If he confirms such suspension, it shall for the purposes of this Act be deemed to have been imposed by him in the first instance. Such head of the branch may whether or not he confirms the suspension in accordance with his powers under this section deal otherwise with any employee so suspended temporarily.
Where an employee is suspended temporarily in writing or where any temporary suspension is confirmed, such employee shall be furnished with a copy of the writing whereby the suspension is imposed or confirmed.
An employee who is suspended, including temporarily suspended, under this section and who, in relation to the cause of such suspension is charged and upon such charge being proved, is dealt with otherwise under this section shall not be entitled to receive payment of salary, wag~llow
ances or other emoluments for the whole or any part of the period during which he was under suspension unless otherwise ordered by the
Appeal Board. ·
(2) Appeal. Every employee on the permanent staff who is dealt with under this section, and every other employee (other than a pro- D_ationer) who is dealt with under this section and who, imm\!diately prior to the date on which he committed the offence or offences for which he is so dealt with, had more than one calendar month's continuous service as an employee of the Commissioner, shall have the right of appeal to the Appeal Board as hereinafter in this Act provided.
(3) No further action if appeal succeeds. Any employee who has succeeded in his appeal to the Appeal Board shall not be re-charged or further dealt with for the same offence.
( 4) Upon any appeal under this section, the Appeal Board shall, as respects its decision as to the punishment, if any, to be imposed upon the appellant, take into consideration any offences for which such appellant has previously been dealt with under this section.
As amended by Act of 1915, 6 Geo. 5 No. 28, s. 7; Act of 1923, 14 Geo.
5 No. 15, s. 10; Act of 1946, 10 Geo. 6 No. 19, s. 8; Act of 1955 (No. 2) 4 Eliz. 2 No. 31, s. 4; Act of 1959, 8 Eliz. 2 No. 56, s. 11; Act of 1970, No. 39, s. 3 Sch.
24. (Repealed.)
Repealed by Act of 1946, 10 Geo. 6 No. 19, s. 9.
25. (Repealed.)
Repealed by Act of 1964, No. 25, s. 5.
26. Record of particulars of service. 1888, s. 64. ( 1 ) The Com- missioner shall keep a record of all employees, and ~ause entries to be made in such record of-
(a) The rank, position, or grade, the length of service, salaries, and such other particulars with regard to employees as he thinks fit;
(b) Deaths, dismissals, suspensions, resignations, vacations of office, promotions, and reductions of employees.
(2) (:Repealed.)
As amended by Act of 1923, 14 Geo. 5 No. 15, s. 11; Act of 1959, 8 Eliz.
2 No. 56, s. 12.
27. Right to sue. 1888, s. 67. Nothing in this Act shall be construed to interfere in any way with the right of employees to sue the Com- missioner in any court of law.
As amended by Act of 1915, 6 Geo. 5 No. 28, s. 8.
28. ( 1 ) Delivery of matters in possession of employee at removal. 1863, ss. 115, 120 to 123. If any employee is dismissed or is suspended, or resigns, or dies, absconds, or absents himself, and if he or his wife, widow, or any of his family or representatives refuses or neglects, after seven days' notice in writing, to deliver to the Commissioner or his agent any property in the possession or custody of such employee at the occurrence of any such event as aforesaid, then any justice, upon applica- tion by the Commissioner or his agent, may order any constable with proper assistance to enter and take possession of such property, and deliver the same fo the Commissioner or his agent, and, if necessary, to remove any person.
(2) Officers to account on demand. Every employee shall from time to time, when required by the Commissioner, make and deliver to him or to his agent a true account in writing under his hand of all moneys received by him on behalf of the Commissioner.
Such account shall state how and to whom and for what purpose such moneys have been disposed of.
Together with such account, he shall deliver the vouchers and receipts for such payments.
He shall pay to the Commissioner or to his agent all moneys which appear to be owing from him upon the balance of such account.
14 ss. 29,30 RAILWAYS ACT 1914-1971
Summary remedy. If he fails to render such account, or to deliver all such vouchers and receipts in his possessio11 or power, or to pay the balance thereof when required, or if for three days after being required he fails to deliver to the Commissioner or his agent all property in his possession or power, then, upon a complaint made as for a breach of duty, a court of petty sessions may hear and determine the matter in a summary way, and may adjust and declare the balance owing by such employee, and make such other orders as appear to the court to be just.
If it appears, either upon his confession or upon evidence or upon inspection of the account, that any public moneys which should be paid over to the Commis.&ioner are in his hands or owing by him, such court may order him to pay the same.
If he refuses to make such account in writing, or to produce and deliver to such court the vouchers and receipts relating thereto, or to deliver up any property, the court may commit him to prison, there to remain until he has complied with such order.
( 3) When warrant may issue. If the Commissioner or his agent makes oath that he has good reason to believe, upon grounds to be stated in his deposition, and does believe, that it is the intention of any employee to abscond or that he has absconded, any justice may, if he thinks fit, issue a warrant in the first instance for the bringing of such employee before such court as aforesaid.
( 4) Meaning of "property." For the purposes of this section, the term "property" includes any building or any part thereof or any appurtenance thereof, or any books, papers, documents, or other property relating to the execution of this Act or belonging to the Commissioner.
( 5) Sureties not to be discharged. No such proceeding against or dealing with any such employee shall deprive the Commissioner of any remedy which he might otherwise have against such employee or any surety.
Court of petty sessions now Magistrates Court; see Justices Acts Amendment Act of 1965, s. 2 (4).
APPEALS
29. (Repealed.)
Repealed by Act of 1915, 6 Geo. 5 No. 28, s. 9.
30. ( 1) Appeal Board. The Appeal Board constituted for the hearing of appeals by employees under this Act shall consist of a stipendiary magistrate appointed by the Governor in Council and, for each respectively of the three Divisions for the purposes of this section of the State-
(a) Five employees' representatives who shall be members of the permanent staff and be respectively elected as prescribed; and (b) An officer designated in that behalf by the Commissioner
either generally or for the particular appeal.
For the purposes of this section the three Divisions of the State shall be-
(a) The Southern Division which shall comprise the South- Eastern Division and the South-Western Division;
(b) The Central Division; and (c) The Northern Division.
(2) The Board when sitting for the purposes of any appeal shall be composed of the stipendiary magistrate aforesaid, the officer aforesaid designated by the Commissioner for the Division or the particular case, as the case may be, who is not the head of the branch in which the appellant is employed, and the employees' representative who is employed in the branch in which the appellant is employed; and for this purpose an employee in the Head Office or in the Railway Refreshment Rooms or in the Stores Branch shall be deemed to be attached to the Traffic Branch, and an employee in the Signal and Telegraph sections of the Chief Engineer's Branch shall be deemed to be attached to the Maintenance Branch, and the Running Staff and Workshops Staff of the Locomotive Branch shall be deemed to be separate branches:
Provided that if appellant is a clerk or an officer working in an administrative or clerical capacity, he shall be represented on the Appeal Board by a clerk elected under subsection three hereof.
( 3) The five employees' representatives in each. respectively of the three Divisions for the purposes of this section shall be elected by ballot by the respective employees on the permanent staff in respectively the Main- tenance Branch, the Locomotive Branch (Running Staff), the Locomotive Branch (Workshops Staff), the Traffic Branch, and permanent employees of the Clerical Staff generally in the Division. Each such employee shall have only o~e vote.
If two or more employees in any branch obtain an equal number of votes, the matter shall be decided as between them by lot.
( 4) The Board shall meet for the despatch of business as often as may be required.
The Secretary (or a deputy appointed by the Commissioner in that behalf) shall convene all meetings of the Board and shall keep or cause to be kept a record of all proceedings thereof and of the decisions arrived at.
(5) Venue. Appeals in the Southern Division may be heard in Brisbane or elsewhere within the said Division as decided by the Com- missioner; appeals in the Northern and Central Divisions may be heard at Townsville and Rockhampton, or elsewhere within the said Divisions.
respectively, as decided by the Commissioner:
Provided that in cases where an appeal is lodged by an employee in one Division against the appointment or promotion of another employee to a vacancy in another Division, the chairman of the Board shall, on the request' of the appellant, require some competent person or persons to take evidence on oath in the Division in which the appellant is employed concerning the matter of such appeal. Such evidence in writing shall be forwarded for the consideration of the Board hearing the appeal:
Provided further that in any case of an appeal against the appoint- ment or promotion of an employee to a position in a Division other than that in which he was employed at the time of his appointment or pro- motion, the chairman of the Board shall, on the request of the Com- missioner, require some competent person or persons to take evidence on oath in the Division in which such employee was employed at the time of his appointment or promotion concerning the matter of such appeal.
Such evidence in writing shall be forwarded for the consideration of the Board hearing the appeal.
16 s. 30 RAILWAYS ACT 1914-1971
( 6) Lodging and hearing of appeal. Every appeal shall be in writing, shall clearly and concisely set forth the grounds upon which the appeal is made, shall be despatched to the Secretary within fourteen days after the date when the appellant receives the decision which is appealed against, or in the case of an appeal by an employee pursuant to his right of appeal under section twenty-one of this Act, within fourteen days after the date of the "Weekly Notice" in which the appointment appealed against is published. The Secretary (or a deputy appointed as aforesaid) shall set down each appeal for hearing as early as practicable and not later than thirty days after the date when the appeal is received by him:
Provided that the Board may in its discretion extend such time for setting down such appeal for hearing to a date not later than forty days after the date when the appeal was so received.
The Secretary shall give to the appellant seven clear days' notice of the date when the appeal will be heard.
( 7) Stipendiary magistrate to be chairman. The stipendiary magistrate appointed as aforesaid shall be the chairman at any meeting of the Board at which he is present. In his absence the Governor in Council shall appoint another stipendiary magistrate, who shall be such chairman and have all his powers and perform all his duties during such absence:
Moreover, in any case where, by reason of the fact that meetings of a Board are necessary to be held at more than one place, the stipendiary magistrate appointed as aforesaid is prevented from attending one or more of such meetings, the Governor in Council shall appoint another stipendiary magistrate or other stipendiary magistrates to take his place in respect of the appeal or appeals at which he cannot preside, and every stipendiary magistrate so appointed shall be chairman of the Board at all meetings necessary for the hearing and determination of such appeal or appeals, and shall have all the powers and perform all the duties of a member of the Board and chairman thereof.
(8) Board to act by majority. All powers of the Board may be exercised by a majority of the members present at any meeting of the Board.
(9) Procedure. The parties to the appeal shall be entitled to subpoena witnesses in the same manner and subject to the same penalties and conditions as witnesses may be summoned to give evidence before justices in petty sessions, and 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.
(9A) An appeal shall lie by an employee in one Division against the appointment or promotion of another employee to a vacancy in another Division, and the Board shall investigate in open court every such appeal, and take into consideration the evidence (if any) forwarded to them as provided by subsection five hereof, and give their decision upon the matter of the appeal.
( 1 0) Powers of Board. The Board shall investigate in open court every appeal made by an employee against the decision of the head of his branch under the powers conferred upon the head of the branch by section twenty-three of this Act, and may confirm or modify such decision, or may suspend such employee, or, if he has already been suspended, may" further suspend him for any period not exceeding six months without pay, or may inflict a firie to be deducted from his pay, or may dismiss him, or may make such other order as they think fit, and also shall
investigate in open court every appeal made by an employee pursuant to the right of appeal to the Board conferred by any other provision of this Act, and may allow such appeal or dismiss such appeal.
In deciding upon the re-employment by the Commissioner of an employee other than in the rank, position, or grade held by such employee or other than in the avenue of promotion in which such employee was employed when he was dismissed the Board shall not have power to direct the Commissioner as to the other rank, position, grade, or avenue or branch in which, or place at which, such dismissed employee is to be re-employed.
In the case of an employee who has been reduced from a rank, position, or grade because of his failure to satisfactorily perform the duties required of him in such rank, position, or grade the Board shall not restore him to such rank, position, or grade unless such restoration be to the same appointment in such rank, position, or grade as such employee held at the time of his reduction.
( 1 OA) The Board shall investigate any and every appeal without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not. '
( 11) Decision of Board. The decision of the Board shall be final, except in the case of appeal against dismissal.
In the case of an appeal against dismissal any person aggrieved by the decision of the Board shall have a right of appeal to the Commissioner, whos.e decision shall be final.
For the purposes of seniority an appellant who has successfully appealed against an appointment to a vacancy and who in consequence of such successful appeal is appointed to fill such vacancy shall be deemed to have been so appointed on and from the date when the appointee against whose promotion the appeal was made was appointed or, if such lastmentioned appointee was appointed pursuant to a prior appeal, was deemed to have been appointed.
(11 A) Power of Board to grant expenses to appellant. If the Board uphold the appeal, it shall grant such reasonable expenses to the appellant as the Board think fit.
Payment of expenses due to an appellant under this subsection may be enforced in the same manner as a judgment of the Supreme Court.
( 11 B) When Board shall grant expenses to Commissioner. In any case where the Board dismisses the appeal, and where in the opinion of the Board the information available to the appellant was such as not to justify the appeal, or in any case where the Department has incurred expense in respect of an appeal which was withdrawn by the appellant after the date for the hearing thereof had been fixed, or in any case in which, because of the non-appearance of the appellant, the appeal lapsed, was ruled out or dismissed the Board may grant to the Commissioner any reasonable expenses not exceeding twenty dollars to which the Department may have been put by reason of the appeal, and it shall order the appellant to pay the same.
18 SS. 31-32A RAILWAYS ACT 1914-1971
Such expenses so granted by the Board and ordered to be paid to the Commissioner shall constitute a debt due. and owing by the appellant to the Commissioner, and may be recovered by the Commissioner by action in the Magistrates Court constituted under "The Magistrates Courts Act of 1921"; and moreover such expenses as aforesaid shall be and constitute a charge against any salary, wages, or other moneys due and payable, or which may become due and payable, by the Commissioner to the appellant, and may be deducted by the Commissioner from any such salary, wages, or other moneys.
( 11 c) Restriction of payment of salary or wages during appeal.
In any case where an appellant who has been suspended or dismissed appeals to the Board and the Board dismisses such appeal, such appellant shall not be entitled to be paid any salary or wages or other emoluments or to claim any expenses in respect of the time involved in respect of his attendance before the Board; and in any case where an appellant who has not been suspended or dismissed appeals to the Board and the Board dismisses such appeal, such appellant shall not be entitled to claim any expenses or emoluments other than his salary or wages in respect of the time involved in respect of his attendance before the Board.
Substituted by Act of 1934, 25 Geo. 5 No. 25, s. 4; as amended by Act of 1934, 25 Geo. 5 No. 25, s. 7; Act of 1946, 10 Geo. 6 No. 19, s. 10; Act of 1951, 15 Geo. 6 No. 34, s. 4; Act of 1959, 8 Eliz. 2 No. 56, s. 13; Act of 1970, No. 39, s. 3 Sch.
Act referred to:
Magistrates Courts Acts, 1921 to 1964.
Justices in petty sessions now Magistrates Court; see Justices Acts Amendment Act of 1964, s. 2 (4).
31. Casual vacancies. When a vacancy occurs in such Board by reason of the death, removal, or resignation of or vacation of office by a member who is not an employees' representative, the Governor in Council shall appoint some person qualified as aforesaid to fill such vacancy.
Substituted by Act of 1926, 17 Geo. 5 No. 13, s. 5.
32. Case of absence of member of Board. 1905, s. 4. In the event of any member of the Board, other than the stipendiary magistrate, being unable to sit on the hearing of any appeal, the Governor in Council shall appoint some other qualified person to sit as the deputy of such member of the Board.
Appointment of deputy. Every such deputy shall, for the time during which he acts as deputy, have all the powers and perform all the duties of such member of the Board:
P.roviso. Provided that, where possible, the deputy of the employees' representative for any branch of the service shall be the employee who at the ballot received the next greatest number of votes.
As amended by Act of 1959, 8 Eliz. 2 No. 56, s. 14.
32A. ( 1) Inquiry into misconduct, etc., of employee. Upon a charge being made against an employee of any misconduct, neglect of duty, or breach of any rule or bY:-law of the service, he shall forthwith be furnished with a copy of the charge, and shall, by notice in writing, be required to
state in writing within the time specified in such notice whether he admits or denies the truth of the charge, and to give a full written explanation as to such charge.
If a reply is not made by such employee within the time specified in such notice, such employee shall be deem~d to have admitted the truth of the charge.
(2) The head of the branch shall make such investigation as may appear to him to be necessary in the circumstances, and shall convey his decision as early as possible to the accused.
The Commissioner or head of the branch may order an inquiry into a charge which has been made against an employee, in which case the inquiry shall be held by a Board of Inquiry consisting of one or more officers appointed by the Commissioner or the head of the branch (which officer, or in case more than one officer is appointed, one of such officers, shall be chairman) and a representative of the employees of the branch in which the accused is employed, and for this purpose an employee in the Head Office or in the Railway Refreshment Rooms or in the Stores
·Branch shall be deemed to be attached to the Traffic Branch, and an employee in the Signal and Telegraph sections of the Chief Engineer's Branch shall be deemed to be attached to the Maintenance Branch, and the Running Staff and Workshops Staff of the Locomotive Branch shall be deemed to be separate Branches.
For the purposes of this section five employees on the permanent staff (herein called respectively "employees' representatives") shall be elected for each of the Divisions of the State following, namely:-The South-Eastern Division, the South-Western Division, the Central Division, the Northern Division (exclusive of the locality served by the Cairns Railway), and the locality served by the Cairns Railway which for this purpose shall be known as the Cairns Division:
Provided that if the employee charged is a clerk, or an officer working in an administrative or clerical capacity, he shall be represented on the board of inquiry by a clerk elected under subsection three hereof.
( 3) The five employees' representatives in each such Division shall be elected respectively by ballot by the respective employees on the permanent staff, excluding clerical employees, in the Maintenance Branch, the Locomotive Branch (Running Staff), the Locomotive Branch (Work- shops Staff) and the Traffic Branch in each such Division. The clerical employees on the permanent staff . in all branches of the service in each such division shall elect by ballot a clerk to represent them on the Board of Inquiry. Each such employee shall have only one vote.
If two or more employees for the same representation obtain an equal number of votes, the matter shall be decided as between them by lot.
( 4) Every such board of inquiry shall be deemed to be a board of inquiry within the meaning of and for the purposes of se"'iion one hundred and forty-three of this Act.
( 5) Decision. Such board shall hold the inquiry, and shall forward their decision, including the finding of every member who dissents from the decision of the majority of the members of such board, to the Commissioner, or head of the branch concerned, as the case may be.
20 ss. 32n-32o RAILWAYS ACT 1914-1971
Inserted by Act of 1923, 14 Geo. 5 No. 15, s. 13; as amended by Act of 1926, 17 Geo. 5 No. 13, s. 6; Act of 1929, 20 Geo. 5 No. 20, s. 10; Act of 1934, 25 Geo. 5 No. 25, s. 7; Act of 1946, 10 Geo. 6 No. 19, s. 11; Act of 1959, 8 Eliz.
2 No. 56, s. 15.
32B. Absence of member of board. In the event of any employees' representative on a board of inquiry being unable to sit upon any inquiry, the employee who at the ballot received the next greatest number of votes at the election of representatives shall act as deputy of such employees' representative. In the event of the employees' representative having been the only person nominated at the ballot, and an inquiry being necessary in his absence, the union of which the charged employee is a member shall nominate another member who is an employee on the permanent staff to act as deputy upon the inquiry, and upon the failure of such union so to nominate another member within three days after being requested so to do by the head of the branch concerned, the charged employee shall nominate such member to act as deputy upon the inquiry; and failing such nomination by such employee at any time before the hour at which the board is appointed to sit, such board may proceed to hold the inquiry in the absence of an employees' representative.
Every deputy shall, for the time during which he acts as deputy, have all the powers and perform all the duties of such member of the board concerned.
All the powers of the board of inquiry may be exercised by a majority of the members present at any meeting of the board.
Substituted by Act of 1934, 25 Geo. 5 No. 25, s. 5; as amended by Act of 1946, 10 Geo. 6 No. 19, s. 12; Act of 1959, 8 Eliz. 2 No. 56, s. 16.
32c. Approval and tenure of elected representatives. The name of each employees' representative elected to be a member of the Appeal Board under section thirty of this Act or to be a member of a Board of Inquiry under section 32A of this Act shall be submitted to the Governor in Council for approval; and when so approved he shall hold office for three years if he remains in the service during that period and also remains during that period in the same Division for the purposes of section thirty or, as the case may be, section 32A of this Act and branch of the service as that in which he was employed at the time of his election.
Casual vacancies. When a vacancy occurs in either of such Boards by reason of the death, removal, or resignation of or vacation of office by an employees' representative, the Governor in Council shall appoint some person qualified as aforesaid to fill such vacancy.
Provided that where possible the successor to any employees' representative in any Division for the purposes of section thirty or, as the case may be, section 32A of this Act, shall be the employee employed in the same branch of the service in the Division in question who at the ballot received the next greatest number of votes, and subject to continuing to be employed in such branch and Division such employee shall upon appointment hold office for the remainder of the period of three years.
Inserted by Act of 1926, 17 Geo. 5 No. 13, s. 8; as amended by Act of 1946, 10 Geo. 6 No. 19, s. 13; Act of 1959,8 Eliz. 2 No. 56, s. 17.
32o. Failure to elect employees' representatives. In every case where within the time appointed by the Commissioner no employees' representatives have been elected to be members of the Appeal Board under section thirty of this Act or to be members of a Board of Inquiry
