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AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 43 Witnesses before Disciplinary Appeal Boards

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 43

Witnesses before Disciplinary Appeal Boards
43. (1) The Chairman of a Disciplinary Appeal Board may -

   (a)  by writing under his hand, summon a person to attend before a
Disciplinary Appeal Board at a time and place specified in the
summons and then and there to give evidence and to produce such
documents (if any) as are referred to in the summons;

   (b)  require a person appearing before a Disciplinary Appeal Board to give
evidence either to take an oath or make an affirmation; and

   (c)  administer an oath or affirmation to a person appearing before a
Disciplinary Appeal Board.

(2) Where it appears to a Disciplinary Appeal Board that it is undesirable to
require the appellant or another person to attend before the Board to give
evidence by reason that he is residing or performing duty outside Australia,
or in a remote locality in Australia, or by reason of the expense,
inconvenience or delay that would result if the person were required to appear
before the Board, the Board may, by writing under the hand of the Chairman of
the Board, appoint a member of the Board or another person to take the
evidence of the appellant or of that other person.

(3) A witness summoned to attend or appearing before a Disciplinary Appeal
Board has the same protection as a witness in proceedings in the High Court.

(4) A person summoned to attend, or appearing, as a witness before a
Disciplinary Appeal Board shall not -

   (a)  refuse or fail to be sworn or to make an affirmation or, without
        reasonable excuse, refuse or fail to answer any question when required
        to do so by a member of the Board; or

   (b)  without reasonable excuse, refuse or fail to produce a document that
        he was required by the summons to produce.
Penalty: $1,000 or imprisonment for 6 months, or both.

(5) An employee who is summoned to attend as a witness before a Disciplinary
Appeal Board shall not, without reasonable excuse -

   (a)  fail to attend before the Board; or

   (b)  fail, unless excused or released by the Chairman of the Board from
        continuing in attendance, to continue in attendance before the Board,
        as required by the summons.
Penalty: $1,000 or imprisonment for 6 months, or both.

(6) A person other than an employee who is summoned to attend as a witness
before a Disciplinary Appeal Board shall not, without reasonable excuse -

   (a)  fail, after payment or tender to him of a reasonable sum for his
expenses of attendance, to attend before the Board; or

   (b)  fail, unless excused or released by the Chairman of the Board from
        continuing in attendance, to continue in attendance before the Board,
        as required by the summons.
Penalty: $1,000 or imprisonment for 6 months, or both.

(7) The regulations may make provision for and in relation to the payment of
expenses to witnesses summoned to attend, or appearing, before a Disciplinary
Appeal Board.

(8) In sub-sections (1), (3), (4), (5), (6) and (7), references to the
Chairman of a Disciplinary Appeal Board, and other references to a
Disciplinary Appeal Board, include references to a person appointed under
sub-section (2) to take the evidence of another person in relation to an
appeal to a Disciplinary Appeal Board.