Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 57 Tenure Appeal Board

Australian Broadcasting Corporation Act 1983 No. 6 of 1983 - SECT 57

57. (1) For the purposes of this Division, there shall be an Australian
Broadcasting Corporation Tenure Appeal Board.

(2) The Tenure Appeal Board shall be constituted by-

   (a)  a Chairman, who shall be appointed by the Governor-General;

   (b)  one person nominated as provided in the rules to represent the
        Corporation; and

   (c)  one person nominated by the organization of which it is appropriate
        for the employee who instituted the appeal to be a member or, failing
        such a nomination, nominated in such other manner as the rules
        provide.

(3) Subject to this section, the Chairman of the Tenure Appeal Board-

   (a)  holds office for such period as is specified in the instrument of his
        appointment and on such terms and conditions as the Governor-General
        determines; and

   (b)  is eligible for re-appointment.

(4) The Governor-General may terminate the appointment of the Chairman of the
Tenure Appeal Board by reason of misbehaviour or physical or mental
incapacity.

(5) The Chairman of the Tenure Appeal Board may resign his office by writing
signed by him delivered to the Governor-General.

(6) The Chairman of the Tenure Appeal Board shall be paid by the Corporation
such remuneration as is determined by the Remuneration Tribunal.

(7) Subject to the Remuneration Tribunals Act 1973, a member of the Tenure
Appeal Board shall be paid by the Corporation such allowances as are
prescribed by the regulations.

(8) For the purposes of hearing and determining an appeal under section 56,
the Tenure Appeal Board may take evidence on oath or affirmation and, for
those purposes, a member of the Tenure Appeal Board may administer an oath or
affirmation.

(9) In hearing and determining an appeal under section 56-

   (a)  the procedure of the Tenure Appeal Board is, subject to this Division
        and to the rules, within the discretion of the Tenure Appeal Board;

   (b)  the proceedings shall be conducted with as little formality and
        technicality, and with as much expedition, as the requirements of this
        Division, and a proper consideration of the matter before the
        Tenure Appeal Board, permit; and

   (c)  the Tenure Appeal Board is not bound by the rules of evidence.

(10) Where the hearing of an appeal has been commenced before the Tenure
Appeal Board but, before the appeal has been finally determined, a member of
the Tenure Appeal Board has ceased to be such a member or, for any other
reason, is unable to take any further part in the determination of the appeal,
the Tenure Appeal Board shall be reconstituted in accordance with sub-section
(2) to hear and determine the appeal and, for that purpose, may have regard to
the evidence given, the argument adduced, and the reasons for any decision
given, during the previous hearing.

(11) For the purposes of the determination of an appeal or of any matter
arising in the course of an appeal, where the members of the Tenure Appeal
Board do not concur in a decision relating to the determination of the appeal
or of that matter-

   (a)  if a majority of the members concur in a decision-the decision of the
        majority shall be deemed to be the decision of the
        Tenure Appeal Board; and

   (b)  in any other case-the decision of the Chairman of the Tenure Appeal
        Board shall be deemed to be the decision of the Tenure Appeal Board.

(12) Sittings of the Tenure Appeal Board may be held from time to time as
required at such places in Australia as are approved by the Managing Director.
(13) In this section, ''organization'' means an organization registered under
the Conciliation and Arbitration Act 1904.