REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1970 AND THE COMPENSATION (COMMONWEALTH EMPLOYEES) ACT 1971.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904-1970 and the Compensation (Commonwealth Employees) Act 1971.

Dated this nineteenth day of August, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Foreign Affairs acting for and on behalf of the Minister of State for Social Services and for and on behalf of the Attorney-General.

Amendments of the Conciliation and Arbitration Regulations†

Commencement.

1. These Regulations shall come into operation on the date fixed under subsection (2.) of section 2 of the Compensation (Commonwealth Employees) Act 1971.

Parts.

2. Regulation 3 of the Conciliation and Arbitration Regulations is amended by inserting after the words—

“Division 3b.—Proceedings under the Trade Practices Act (Regulations 78j-78p).”

the words—

“Division 3c.—Appeals under the Compensation (Commonwealth Employees) Act (Regulations 78q-78ze).”.

3. After regulation 78p of the Conciliation and Arbitration Regulations the following Division is inserted:—

“Division 3c.—Appeals under the Compensation (Commonwealth Employees) Act.

Definitions.

“78q. In this Division—

‘Compensation Tribunal’ has the same meaning as in the Compensation (Commonwealth Employees) Act;

‘prescribed Court’ has the same meaning as in the Compensation (Commonwealth Employees) Act;

‘the Compensation (Commonwealth Employees) Act’ means the Compensation (Commonwealth Employees) Act 1971.

Notice of appeal.

“78r.—(1.) A person wishing to appeal to the Court in pursuance of section 95 of the Compensation (Commonwealth Employees) Act from a decision of a Compensation Tribunal or from a judgment or order of a prescribed Court shall file with the Registrar a notice of appeal setting out the question or questions of law on which the appeal is brought.

* Notified in the Commonwealth Gazette on 1971.

† Statutory Rules 1956, No. 60, as amended to date. For previous amendments of the Conciliation and Arbitration Regulations, see footnote † to Statutory Rules 1971, No. 95, and see also Statutory Rules 1971, No. 95.

17453/71—Price 10c 10/5.8.1971

“(2.) The notice of appeal shall be filed with the Registrar within twenty-one days after the date on which the decision, judgment or order appealed from was given or made.

Place for hearing appeals.

“78s.—(1.) Unless the Court or a Judge otherwise directs, an appeal from a judgment or order of a prescribed Court shall be heard at the capital city of the State, or the principal city or town of the Territory of the Commonwealth, in which the judgment or order was given or made.

“(2.) Unless the Court or a Judge otherwise directs, an appeal from a decision of a Compensation Tribunal shall be heard—

(a) at the capital city of the State, or the principal city or town of the Territory of the Commonwealth, in which the proceedings before the Tribunal took place; or

(b) if the proceedings before the Tribunal took place in a Territory of the Commonwealth in which there is no Registry or took place outside Australia—at Canberra.

To whom notice to be given.

“78t.—(1.) The notice of appeal shall be served upon all parties affected by the appeal.

“(2.) It is not necessary to serve parties not so affected, but the Court may direct notice of the appeal to be served on a person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as are just, and may give such judgment and make such order as might have been given or made if the persons served with that notice had originally been parties.

“(3.) A person on whom notice of an appeal is so directed to be served shall, for the purposes of this Division, be deemed to be a respondent.

“(4.) A notice of appeal may be amended at any time as the Court thinks fit.

“(5.) The appellant shall, before setting down the appeal for hearing, file an affidavit of service in the Registry situated in the place where the appeal is to be heard.

Title of appeals.

“78u. A notice of appeal and all subsequent proceedings on an appeal shall be entitled ‘In the Commonwealth Industrial Court, on appeal under the Compensation (Commonwealth Employees) Act 1971 from’ (naming the Tribunal or Court from which the appeal is brought) and shall also be entitled as between the party appellant and the party respondent.

Notice to Compensation Tribunal or prescribed Court.

“78v. The appellant shall, within seven days after filing the notice of appeal with the Registrar, file a copy of the notice of appeal—

(a) where the appeal is brought from a decision of a Compensation Tribunal—with the Clerk of that Compensation Tribunal; or

(b) where the appeal is brought from a judgment or order of a prescribed Court—in that Court.

Appealable nature of decision, judgment or order to be shown by affidavit.

“78w.—(1.) Within seven days after filing the notice of appeal, the appellant shall—

(a) file in the Registry situated in the State or Territory of the Commonwealth where the notice of appeal was filed an affidavit setting out sufficient facts to show that the decision, judgment or order is one from which an appeal lies to the Court;

(b) file a copy of the affidavit with the Clerk of the Compensation Tribunal, or in the prescribed Court, from which the appeal is brought; and

“(2.) Where the evidence given before the Compensation Tribunal or prescribed Court from which the appeal is brought is material for the purposes of the appeal and no depositions, written transcript or official notes of that evidence are available, the affidavit shall set forth an account of the evidence given before that Tribunal or Court.

“(3.) A respondent may, within ten days after service on him of the affidavit of the appellant, file an answering affidavit in the Registry referred to in sub-regulation (1.) of this regulation.

“(4.) The respondent filing such an answering affidavit shall, within the period referred to in the last preceding sub-regulation, file a copy of the affidavit with the Clerk of the Compensation Tribunal, or in the prescribed Court, from which the appeal is brought and serve a copy of the affidavit on the appellant and on every other respondent.

“(4.) Where notice of appeal to the Court is given in any case in which an appeal cannot be brought to the Court, the Court or a Judge may set aside the notice.

When appeal deemed to be instituted.

“78x. Upon compliance by the appellant with regulations 78r, 78t, 78u, 78v and 78w of these Regulations, the appeal shall be deemed to be instituted.

Transmission of documents.

“78y.—(1.) The Clerk of the Compensation Tribunal, or the appropriate officer of the prescribed Court, from which the appeal is brought shall, as soon as practicable after the filing with him or in that Court, as the case may be, of a copy of the notice of appeal, transmit to the Registrar in charge of the Registry situated in the State or Territory of the Commonwealth where the appeal is to be heard a certified copy of each document that is required for the hearing of the appeal.

“(2.) If, after the copies are so transmitted to the Registrar in charge of a Registry, the Court or a Judge directs that the appeal be heard in another State or Territory of the Commonwealth, the Registrar shall transmit the copies to the Registrar in charge of the Registry situated in that other State or Territory.

“(3.) A statement of the reasons of the Tribunal or Court for the decision, judgment or order shall, if available, be included in the documents transmitted in accordance with the preceding provisions of this regulation.

“(4.) Upon application by the appellant, the Clerk of the Compensation Tribunal, or the proper officer of the prescribed Court, from which the appeal is brought shall supply to the appellant a list of the documents referred to in this regulation and a certified copy of any such document that is not in the possession of the appellant.

Setting down appeal for hearing.

“78z.—(1.) The appeal shall be set down by the appellant for hearing at a sitting of the Court appointed for hearing appeals under the Compensation (Commonwealth Employees) Act at the place at which it is to be heard.

“(2.) Unless the Court or a Judge otherwise directs, the appeal shall be set down for the first such sitting appointed to be held after the expiration of one month from the institution of the appeal.

“(3.) Notwithstanding the last preceding sub-regulation, the appeal may, with the consent of the respondent or, if there is more than one respondent, with the consent of all the respondents, be heard at an earlier sitting than the sitting referred to in that sub-regulation.

“(4.) If the appellant does not set down the appeal for hearing at the sitting referred to in sub-regulation (2.) of this regulation, the respondent, or, if there is more than one respondent, a respondent, may apply to the Court, at any place at which it is sitting, by motion upon notice, for an order dismissing the appeal for want of prosecution.

“(5.) If the appellant does not, at least three weeks before the day appointed for holding the sitting referred to in sub-regulation (2.) of this regulation, give notice to the respondent, or, if there is more than one respondent, to all the respondents, that he has set down the appeal for hearing at that sitting (unless the respondent consents or the respondents consent to take shorter notice), the respondent, or any respondent to whom the notice has not been so given, may apply to the Court at any place at which it is sitting, by motion upon notice, for an order dismissing the appeal for want of prosecution.

“(6.) If, in a case to which sub-regulation (4.) of this regulation applies, the respondent or a respondent does not, within six months after the filing of the notice of appeal, apply for an order referred to in that sub-regulation, the Court shall, on the application of the Registrar, dismiss the appeal for want of prosecution.

Written argument on appeals.

“78za.—(1.) Notwithstanding anything contained in this Division, the Court or a Judge may, with the consent of the parties, permit the legal argument in connexion with an appeal to be presented in whole or in part in writing, and, where the argument is to be presented wholly in writing, it is not necessary for the appeal to be set down for hearing or for the parties to appear on the hearing of the appeal either personally or by counsel.

“(2.) The Court or a Judge may give any consequential directions with respect to the procedure in an appeal to which this regulation applies.

Cross appeals.

“78zb.—(1.) It is not necessary for a respondent to give notice of motion by way of cross appeal, but if a respondent intends upon the hearing of an appeal to contend that the decision, judgment or order appealed from should be varied, he shall, not less than twenty-one days before the day for which the appeal is set down for hearing, give notice of his intention to such of the parties as may be affected by the contention.

“(2.) The omission to give such a notice does not diminish the powers of the Court when hearing the appeal, but may, in the discretion of the Court, be ground for an adjournment of the appeal or for a special order as to costs.

“(3.) A copy of the notice shall be filed in the Registry situated in the place where the appeal is to be heard.

Appeal book to be lodged.

“78zc. Not later than five days before the day upon which the appeal is set down for hearing, the appellant shall, unless the Court or a Judge otherwise directs—

(a) lodge in the Registry situated in the place where the appeal is to be heard four copies of an appeal book containing a copy of the notice of appeal, a copy of the affidavit of the appellant, copies of the documents referred to in regulation 78y of these Regulations and a copy of any affidavit or notice filed or given by a respondent; and

(b) serve two copies of the appeal book upon each respondent or upon his solicitor.

Expediting appeals.

“78zd. Notwithstanding anything contained in these Regulations, the Court or a Judge may expedite the hearing of any appeal of which notice has been filed in the Court, whether the appeal has been duly instituted or not.

Dismissal for want of prosecution on respondent’s application.

“78ze. An order dismissing an appeal with costs for want of prosecution may be drawn up and signed by the Registrar on the application of the respondent, or, if there is more than one respondent, on the application of a respondent, without other warrant than this regulation, but if notice of cross appeal or notice of intention to move to vary the decision appealed from has been given, the order shall not be drawn up without the consent of the party giving that notice.”.

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