Part 2Transport Appeal
Boards
5Constitution of
Boards
(1)
The Governor may appoint a Chairperson of
Transport Appeal Boards.
(2)
A Transport Appeal Board shall, in relation to a
particular appeal, consist of:
(a)
the Chairperson,
(b)
1 member who shall be an officer authorised in
accordance with Part 1 of Schedule 1, and
(c)
1 member who shall be a nominated member within
the meaning of clause 5 or 8 of Part 2 of Schedule
1.
6Vice-Chairperson
(1)
The Governor may appoint not more than 2
Vice-Chairpersons of Transport Appeal Boards.
(1A)
The office of Vice-Chairperson is a part-time
office.
(2)
Where the Chairperson is absent from any meeting
of a Board, a Vice-Chairperson nominated by the Chairperson in advance (or, if
the Chairperson has not done so, by the secretary) may exercise the functions
of the Chairperson and shall be deemed to be the Chairperson at that
meeting.
s 6: Am 1988 No 45,
Sch 1 (2).
7Term of office of Chairperson
and Vice-Chairperson
(1)
The Chairperson and Vice-Chairpersons shall hold
office for such term, not exceeding 5 years, as may be specified in their
respective instruments of appointment.
(1A)
The Chairperson or a Vice-Chairperson may be
reappointed with effect before the expiry of the Chairperson’s or
Vice-Chairperson’s respective term of office. In that case, the
Chairperson’s or Vice-Chairperson’s existing term of office
expires.
(2)
The provisions of Part 2 of the Public Sector Management Act 1988 do not
apply to or in respect of the appointment of any person as Chairperson or
Vice-Chairperson, and a person is not, in the person’s capacity as
Chairperson or Vice-Chairperson, subject to those
provisions.
s 7: Am 1988 No 45,
Sch 1 (3); 2000 No 53, Sch 3.29; 2002 No 43, Sch 6 [3].
8Functions of Boards, the
Chairperson, Vice-Chairperson and members
A Board, the Chairperson, a Vice-Chairperson and
the members shall have and may exercise the functions conferred upon it or
them by or under this Act, the Transport
Administration Act 1988 or any other Act.
s 8: Am 1988 No 45,
Sch 1 (4); 1988 No 114, Sch 4.
9Voting at meetings of
Boards
At any meeting of a Board each member present
shall have 1 vote and the decision of the majority of the members shall be the
decision of the Board.
10Disqualification
No member of a Board shall take part in the
hearing of an appeal against any officer in a branch of which that member is
the head.
11Sittings of
Boards
(1)
A Board shall, unless the Chairperson otherwise
directs, sit in Sydney for the hearing of appeals.
(2)
Subject to this or any other Act, the proceedings
before a Board for the purpose of hearing an appeal may be formal or
informal.
s 11: Am 2002 No 43,
Sch 6 [4].
11ANature of proceedings for
promotion appeals
(1)
The proceedings of a Board for the purpose of
hearing a promotion appeal are to be formal unless the regulations under the
Transport Administration Act 1988
provide that promotion appeals (or any class of promotion appeals) are to be
heard informally.
(2)
The Chairperson may, in the case of a promotion
appeal that would otherwise be heard informally as provided by the regulations
referred to in subsection (1), determine that the proceedings for the purpose
of hearing the appeal are to be formal if the Chairperson is satisfied that
there is good and sufficient reason for making such a
determination.
(3)
A determination of the Chairperson for the
purposes of subsection (2) may be made on his or her own motion or on the
application of a party to the appeal.
(4)
An application referred to in subsection (3) may
be made before or at any time during the hearing.
ss 11A–11D: Ins
2002 No 43, Sch 6 [5].
11BNature of proceedings for
disciplinary appeals
The proceedings of a Board for the purpose of
hearing a disciplinary appeal are to be formal.
ss 11A–11D: Ins
2002 No 43, Sch 6 [5].
11CProvisions relating to
informal proceedings
(1)
Informal proceedings of a Board are not to be
conducted in an adversarial manner and, subject to this Act, are to be
conducted in accordance with such directions as may be given by the
Chairperson.
(2)
The persons entitled to be present at informal
proceedings of a Board are:
(a)
the appellant whose appeal is being heard by the
Board, and
(b)
a person appointed by the employer against whose
decision the appeal is brought, being a person appointed generally or in
respect of a particular appeal or class of appeals, and
(c)
the employee in whose favour the decision
referred to in paragraph (b) has been made.
(3)
A person who is entitled to be present at
informal proceedings is not entitled to be represented by any
person.
(4)
A person who is entitled to be present at
informal proceedings:
(a)
being a person referred to in subsection (2) (a)
or (c)—may adduce, orally and in writing, to the Board such matters, and
address the Board on such matters, as are relevant to the appeal,
and
(b)
being a person referred to in subsection (2)
(b)—may adduce in writing to the Board such matters as are relevant to
the appeal and may, at the request of the Board, address the Board, otherwise
than in writing, on any matter, and
(c)
may produce documents or exhibits to the Board,
and
(d)
may with the leave of the Board, and must, if
directed to do so by the Board, give evidence on
oath.
(5)
A person who is entitled to be present at
informal proceedings cannot:
(a)
call or examine any witness,
or
(b)
cross-examine any other such
person.
(6)
Informal proceedings of a Board are not to be
recorded unless the Chairperson otherwise directs.
ss 11A–11D: Ins
2002 No 43, Sch 6 [5].
11DProvisions relating to formal
sittings
(1)
Evidence in formal proceedings of a Board is to
be given on oath and is subject to cross-examination.
(2)
The persons entitled to be present at formal
proceedings are:
(a)
the appellant whose appeal is being heard by the
Board, and
(b)
a person appointed by the employer against whose
decision the appeal is brought, being a person appointed generally or in
respect of a particular appeal or class of appeals, and
(c)
the employee in whose favour the decision
referred to in paragraph (b) has been made.
(3)
Formal proceedings are to be open to the public
unless the Board, on the application of a person who is entitled to be present
at the proceedings, otherwise directs in relation to the whole or any part of
the proceedings.
(4)
A person who is entitled to be present at formal
proceedings:
(a)
is entitled to be represented by any person other
than a legal practitioner, and
(b)
may, with the leave of the Chairperson, be
represented by a legal practitioner.
(5)
A person who is entitled to be present at formal
proceedings may call and examine any witness.
(6)
A person proposed to be called as a witness in
formal proceedings, not being a person who is entitled to be present at the
proceedings, must, unless the Board otherwise orders, be excluded from the
proceedings before giving evidence and the Board may exclude a person proposed
to be called as a witness from giving evidence if he or she has been present
at the proceedings before giving evidence.
(7)
Formal proceedings are to be
recorded.
ss 11A–11D: Ins
2002 No 43, Sch 6 [5].
12Members of a
Board
Schedule 1 has effect.