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Wednesday, 9 November 1921


Senator SENIOR (South Australia) . - This clause provides for appeals against decisions which may involve the dismissal of an officer or his reduction from the first or second division to the third, fourth, or fifth division. The previous clause contains provisions for appeal against fines in any sum not exceeding £2, reduction in salary, reduction to a lower division, transfer to some other position, or dismissal. These matters will be very serious to any officer concerned.


Senator Wilson - But still an appeal may be frivolous.


Senator SENIOR - It is not at all likely that any officer would lodge a frivolous appeal.


Senator Foster - Suppose an officer had been fined 5s., when he should have been fined £5, and he appeals. Would not such an appeal be frivolous?


Senator SENIOR - A fine cannot exceed £2. All the other offences are so serious that I cannot see that this clause has any relation to them, although there is a connexion, because the decisions of the Board of Appeal are mentioned.

Amendment (by Senator Russell) agreed to -

That the word " it " in sub-clause 3 (line 6) be left out, with a view to insert in lieu thereof the words "the Appeal Board."

Clause, as amended, agreed to.

Amendment (by 'Senator Russell) agreed to -

That the following new clause be inserted: - " 55a. ( 1 ) The chairman of any Board of Inquiry or Appeal Board may at any time -

(a)   summon any person whose evidence appears to be material to the determination of any subject of inspection, inquiry, or investigation being conducted by the Board;

(b)   take evidence on oath; and

(c)   require the production of documents. " (2) Any officer who, without reasonable cause, neglects or fails to attend in obedience to the summons, or to be sworn, or to answer questions orproduce documents relevant to the subject of the inspection, inquiry, or investigation, shall be guilty of an offence against this Act. " (3) Any person, not being an officer, who, after payment or tender of reasonable expenses, neglects or fails, without reasonable cause, to attend in obedience to the summons, or to be sworn, or to answer questions or produce documents relevant to the subject of the inspection, inquiry, or investigation, shall be guilty of an offence.

Penalty: Twenty pounds. " (4) Nothing in this section shall be construed as compelling a person to answer any question which would tend to criminate him."

Clause 56 agreed to.

Clause 57 (Proceedings on inquiry or appeal).







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