Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 38

38. (1) The terms and conditions of service or employment (in respect of
matters not provided for by this Act) of the employees of the Commission are
such as are determined by the Commission by instrument in writing.

(2) The terms and conditions of service and employment that may be determined
under sub-section (1) include terms and conditions specifying -

   (a)  the grounds on which employees, or employees included in a class of
employees, may be charged with misconduct;

   (b)  the manner in which charges of misconduct may be dealt with; and

   (c)  the kinds of action that may be taken in relation to employees against
whom charges of misconduct are established.

(3) A certificate signed by the General Manager, or another person authorized
by the Commission, by instrument in writing, for the purposes of this
sub-section, that states that -

   (a)  a specified document is a true copy of a determination made by the
Commission under sub-section (1); or

   (b)  such a determination is in force or was in force during a specified
period or was in force at a specified time, is prima facie evidence of the
matters stated in the certificate.

(4) A document purporting to be a certificate of the kind referred to in
sub-section (3) shall, unless the contrary is established, be deemed to be
such a certificate and to have been duly given.