Western Australian Repealed Regulations

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This legislation has been repealed.


11 .         Procedure

                With respect to the procedure on any appeal under these regulations, the following provisions shall apply: — 

        (1)         The Stipendiary Magistrate may admit evidence taken at any departmental inquiry at which the appellant was present and had an opportunity of hearing the evidence and of giving evidence.

        (2)         Evidence of witnesses resident more than twenty miles from the place of the sitting of the Stipendiary Magistrate on the hearing of the appeal may be taken by affidavit.

        (3)         The Stipendiary Magistrate may administer an oath to any witness, and the appellant shall be entitled to have the witnesses examined on oath.

        (4)         The parties may be represented at the hearing of the appeal — 

            (a)         as to the appellant — 

                  (i)         personally;

                  (ii)         by the secretary or his deputy of the industrial union to which the appellant belongs; or

                  (iii)         by any employee of the Commission nominated by the appellant; or

                  (iv)         by legal practitioner; and

            (b)         as to the Commission, by one of its employees authorised by it in that behalf or, except as provided in this paragraph, by a legal practitioner:

                but where the appellant is not represented at the hearing of the appeal by a legal practitioner, the Commission shall not be entitled to be represented at the hearing by a legal practitioner.

        (4a)             (a)         Where an appellant intends to be represented by a legal practitioner at the hearing of an appeal he shall at least seven clear days before the date set down for the hearing of the appeal by notice in writing advise the Stipendiary Magistrate and the Commission of the fact and state in the notice the name and office address of the legal practitioner.

            (b)         In this subregulation the expression, "hearing of an appeal” includes the adjourned hearing of an appeal which has been commenced within the period referred to in regulation four of these regulations and adjourned before any evidence is called or admitted on the appeal and without any date being fixed for the commencement of the adjourned hearing of the appeal.

        (5)         Subject to these regulations the Stipendiary Magistrate may regulate his own procedure on, or in relation to, any appeal and issue summonses for the attendance of witnesses, and shall have power to compel any witness to attend and to give evidence.

        (6)         Any person who does not appear pursuant to such summons (the same having been personally served upon him, or sent by registered post as a letter addressed to him at his place of abode, and his reasonable travelling expenses according to the prescribed scale having been paid or tendered to him) and does not assign some reasonable excuse for not so appearing, or who appears and refuses to be sworn, or examined, or to produce for the inspection of the Stipendiary Magistrate, any document which by such summons he is required to produce, shall be liable, on summary conviction, to a penalty not exceeding ten pounds.

        [Regulation 11 amended by Gazette 15 July 1959 p.1878; Erratum in Gazette 21 August 1959 p.2199.]

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