Appeal Board, constitution of
78 Appeal Board, constitution of
An Appeal Board shall consist of the following persons, that is to say —
A magistrate to be appointed from time to time by the Governor, and to be the chairman of the Appeal Board, or a person appointed in like manner to act as his deputy; and
One person to be appointed from time to time by the Authority, or a person appointed in like manner to act as his deputy; and
One person to be appointed —
by the industrial union; or
if there is no such union, or if that union has not made the appointment prior to the seventh day immediately preceding the date fixed for the hearing of the appeal, by the appellant personally by notice in writing given to the chairman of the Appeal Board,
or a person appointed in like manner to be his deputy.
The Authority shall take the necessary action in regard to a person appointed to the Appeal Board pursuant to subsection (1)(c) as will ensure his attendance at each sitting of the Appeal Board.
For the purposes of the provisions of this Act relating to appeals to the Appeal Board a reference to the industrial union shall be construed as a reference to the industrial union of workers or a trade union registered under a law of the State or the Commonwealth relating to the conciliation and arbitration of industrial disputes or the registration of trade unions of which the appellant is or was at the relevant time a member.
[Section 78 inserted: No. 29 of 1907 s. 8; amended: No. 56 of 1926 s. 3; No. 78 of 1948 s. 6 and 26; No. 13 of 1954 s. 2; No. 8 of 1959 s. 2; No. 27 of 1976 s. 3; No. 31 of 2003 s. 139(1); No. 59 of 2004 s. 141.]
[79. Omitted under the Reprints Act 1984 s. 7(4)(g).]
80. Appeals, commencing etc.
Notice of every appeal to the Appeal Board shall be lodged with the Authority within 14 days of the date of the decision appealed against, and the appeal shall be heard by the Appeal Board within 30 days from the date of lodging of the notice or within such extended period as is agreed in writing by the Authority and the industrial union or, if there is no such union, the appellant personally.
Where the industrial union fails to make an appointment by the time prescribed by section 78(1)(c)(ii) and the appellant fails to make an appointment pursuant to that subparagraph prior to the day immediately preceding the date fixed for the hearing of the appeal, the appeal shall be deemed to have lapsed and the decision appealed against shall have full force and effect.
Where, for reasons not related to the appointment of a member by the industrial union or the appellant, the hearing of the appeal is not commenced within 30 days from the lodging of the notice of appeal or within such extended period as is agreed, the punishment appealed against shall be revoked, and the appellant shall be reimbursed any loss of salary or expenses incurred.
If the hearing of the appeal is commenced within such 30 days or within such extended period as is agreed the Appeal Board may allow any adjournment.
[Section 80 amended: No. 56 of 1926 s. 5; No. 27 of 1976 s. 5; No. 77 of 1980 s. 12; No. 31 of 2003 s. 139(1); No. 19 of 2010 s. 60(4).]
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