Commonwealth Numbered Acts

COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) ACT 1979 No. 52 of 1979 - SECT 16

16. (1) The Public Service Board shall, from time to time, arrange for the
establishment, in accordance with this section, of such Commonwealth Employees
Redeployment and Retirement Appeals Tribunals as are required for the purposes
of this Act.

(2) A Tribunal established for the purposes of an appeal under section 15
shall be constituted by-

   (a)  a Chairman-

        (i)    who shall be the person appointed by the Governor-General to be
               a Chairman of the Commonwealth Employees Redeployment and
               Retirement Appeals Tribunal established for the purpose of that
               appeal or of a class of appeals in which that appeal is
               included; or

        (ii)   who shall be a person appointed by the Governor-General to be a
               Chairman of a Commonwealth Employees Redeployment and
               Retirement Appeals Tribunal;

   (b)  one person nominated as provided in the regulations to represent-

        (i)    in the case of an appeal against the making of a redeployment
               declaration-the Department or Commonwealth authority concerned;
               or

        (ii)   in any other case-the Public Service Board; and

   (c)  one person nominated as provided in the regulations to represent
        employees.

(3) A Chairman of a Tribunal shall be paid such remuneration as is determined
by the Remuneration Tribunal, but, if no determination of that remuneration by
that Tribunal is in operation, he shall be paid such remuneration as is
prescribed.

(4) A member of a Tribunal shall be paid such allowances as are prescribed.

(5) Sub-sections (3) and (4) have effect subject to the Remuneration Tribunals
Act 1973.

(6) A person appointed as a Chairman of a Tribunal under sub-paragraph (2) (a)
(ii) shall be appointed for such period as is specified in the instrument of
his appointment.

(7) Subject to sub-sections (3) and (4), a Chairman of a Tribunal holds office
on such terms and conditions as the Governor-General determines.

(8) A person who has attained the age of 65 years shall not be appointed or
re-appointed as a Chairman of a Tribunal under sub-paragraph (2) (a) (ii) for
a specified period that commences after, or extends beyond, the date at which
he will attain the age of 65 years.

(9) For the purposes of hearing and determining an appeal under section 15, a
Tribunal may take evidence on oath or affirmation and, for those purposes, the
Chairman of the Tribunal may administer an oath or affirmation.

(10) In hearing and determining an appeal under section 15-

   (a)  the procedure of a Tribunal is, subject to this Act and to the
        regulations, within the discretion of the Tribunal;

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

   (c)  the Tribunal is not bound by rules of evidence.

(11) Where the hearing of an appeal has been commenced before a Tribunal but,
before the appeal has been finally determined, a member of the Tribunal 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 2 remaining members of
the Tribunal, with the consent of the parties, constitute the Tribunal for the
purpose-

   (a)  if the hearing has not been completed-of completing the heading; and

   (b)  if both members concur in the decision-of determining the appeal.

(12) If, for any reason, a Tribunal constituted in accordance with sub-section
(11) by the remaining members of the Tribunal established under sub-section
(2) to hear and determine an appeal does not complete the hearing and
determine the appeal, a new Tribunal constituted in accordance with
sub-section (2) shall 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.