This legislation has been repealed.
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.]