New South Wales Consolidated Acts

TRANSPORT APPEAL BOARDS ACT 1980 - SCHEDULE 1

SCHEDULE 1 – Members of a Board

Part 1 - Member authorised by employing Authority

1 Authorisation of an officer of an Authority as a member of a Board

Where an appeal is lodged by an officer of an Authority, the Authority concerned shall, on being advised of the lodging of the appeal, authorise an officer of that Authority (other than an officer of the branch to which the appellant belongs) to be a member of the Board hearing the appeal.

Part 2 - Member nominated by industrial union

3 Definitions

In this Part, except in so far as the context or subject-matter otherwise indicates or requires:
"industrial union" means an industrial organisation of employees within the meaning of the Industrial Relations Act 1996 , or an association of employees registered as an organization under the Conciliation and Arbitration Act 1904 of the Parliament of the Commonwealth, as subsequently amended.
"prescribed time", in relation to an appeal, means:

(a) if no time is prescribed for the purposes of paragraph (b)-the expiration of the period of 5 days after the day on which notice of the decision appealed against was given to the appellant, or

(b) such time as may be prescribed for the purposes of this paragraph,

4 Nomination of a member of a Board by an industrial union

(1) The secretary of an industrial union of which officers of an Authority are, or are entitled or eligible to be, members:

(a) may, by instrument in writing furnished to the secretary to the Transport Appeal Boards, nominate an officer of any of those Authorities to be a representative on a Board hearing appeals lodged by officers of an Authority, and

(b) may, by instrument in writing so furnished, revoke that nomination.

5 Nominated members

(1) For the purposes of section 5 (2) (c), "the nominated member", in relation to an appeal by an officer of an Authority, means an officer of any Authority, being:

(a) if only 1 representative’s nomination made under clause 4 (1) by the secretary of an industrial union of which the appellant is a member, or, if the officer is not a member of any industrial union, of an industrial union of which the officer is entitled or eligible to be a member, remains unrevoked at the prescribed time-that representative,

(b) if 2 or more representatives’ nominations made under clause 4 (1) by the secretary of an industrial union referred to in paragraph (a), or of each of 2 or more industrial unions referred to in paragraph (a), remain unrevoked at the prescribed time-such one of those representatives:

(i) as the appellant nominates by instrument in writing furnished to the secretary to the Transport Appeal Boards within such period after the prescribed time as the Chairperson allows before the hearing of the appeal commences, or

(ii) if the appellant does not make such a nomination within that period or any such further period or periods-as the Chairperson nominates before the hearing commences, or

(c) if:

(i) there is no nomination made under clause 4 (1) by the secretary of an industrial union referred to in paragraph (a), or

(ii) no nomination made under clause 4 (1) by the secretary of an industrial union referred to in paragraph (a) remains unrevoked at the prescribed time,

such officer as the Chairperson nominates before the hearing commences.

6 Deemed revocation of nominations

Without affecting clause 4 (1) (b), a person’s nomination as a representative under clause 4 shall, for the purposes of this Part, be deemed to be revoked:

(a) if the person notifies the secretary to the Transport Appeal Boards, by instrument in writing, that the person does not desire to continue as a representative so nominated,

(b) if the person ceases to be an officer of the Authority to which the person belonged at the time of the person’s nomination, or

(c) upon the expiration of the period (if any) specified in the instrument of the person’s nomination as the period for which the nomination is to remain in force.

7 Nominations may be general or particular

(1) A nomination may be made under clause 4 generally or for a particular appeal and, unless expressed to have been made for a particular appeal, shall be deemed to have been made generally.

(2) While a nomination made by the secretary of an industrial union under clause 4 for a particular appeal remains unrevoked, a nomination made generally by that secretary shall, for the purposes of that appeal only, be deemed to have been revoked.

(3) A nomination made under clause 4 for a particular appeal has no force or effect for the purposes of any other appeal.

(4) For the purposes only of a particular appeal, where:

(a) a nomination made under clause 4 remains unrevoked at the prescribed time, and

(b) the nomination is revoked before the appeal is determined by a Board,

the nomination shall, unless the Chairperson otherwise determines, be deemed to remain unrevoked until the appeal is so determined.

8 Vacancy in office of nominated member

Where, in relation to an appeal, a vacancy arises in the office of the nominated member after the prescribed time and before the appeal is determined, then, for the purposes of section 5 (2) (c), "the nominated member", in relation to that appeal, means an officer nominated by the Chairperson (being an officer of the Authority to which the member in whose office the vacancy arose belonged).

9 Acceptance of certain nominations not in writing

The secretary to the Transport Appeal Boards may accept a nomination referred to in clause 5 (1) (b) (i) notwithstanding that it is not communicated to the secretary by an instrument in writing.