Commonwealth Consolidated Acts

STEVEDORING INDUSTRY ACT 1965 - SECT 10

    After section 36 of the Principal Act the following section is inserted:

    "36A.   Procedure in relation to inquiry under section 36

      "( 1 .) A reference in this section to an inquiry shall be read as a reference to an inquiry under the last preceding section.

      "(2.) The procedure in relation to an inquiry is within   the discretion of the Authority.

      "(3.) In making an inquiry the Authority is not bound to act in a formal manner but may inform itself on any matter in such a manner as it thinks just.

      "(4.) Subject to sub-section (7.) of this section, in making an inquiry the Authority shall give any waterside worker who appears to the Authority to be directly concerned an opportunity of presenting to the Authority a statement of any facts and contentions material to the inquiry but the Authority may require any such statement to be submitted in writing.

      "(5.) In giving a waterside worker an opportunity of presenting to the Authority a statement for the purposes of an inquiry, the Authority shall serve on the waterside worker a notice setting out the matters to be inquired into, the fact that he may present the statement and:

    (a)   in the case of a n oral statement -- the person to whom, and the place, date and time at which, the statement is to be made; and

    (b)   in the case of a written statement -- the address to which, and the period within which, the statement is to be delivered.

      "(6.) The Authority may make one inquiry into matters concerning any number of waterside workers if it appears to the Authority that those matters arose, or may have arisen, out of acts or things done or omitted to be done on the same day by those waterside workers, or by a substantial number of those waterside workers, in concert, or at the direction or instigation of a Union, a branch of a Union or an officer or member of a Union or of a branch of a Union.

      "(7.) Where, for the purposes of an inquiry referred to in the last preceding sub-section, it appears to the Authority that a substantial number of waterside workers is concerned, the Authority may, if it considers that by so doing it will become apprised of all the facts and contentions material to the interests of those waterside workers in relation to the inquiry, give an opportunity of presenting statements as to those facts and contentions to some only of those waterside workers, being persons whose statements would, in the opinion of the Authority, present all those facts and contentions.

      "(8.) Where, for the purposes of an inquiry, the Authority is required by the preceding provisions of this section to serve on a substantial number of waterside workers notices setting out any matters, it is a sufficient compliance with that requirement if the Authority notifies the waterside workers concerned of those matters by any of the means by which those waterside workers would usually be notified of their allotment to stevedoring operations.

      "(9.) The Authority is not authorized to cancel, after an inquiry, the registration of a waterside worker unless the Authority gave the waterside worker an opportunity of presenting to the Authority an oral or written statement under sub-section (4.) of this section.

      "(10.) The Authority is not authorized to suspend, after an inquiry, the registration, or the entitlement to attendance money, of a waterside worker unless:

  (a)   the Authority gave the waterside worker an opportunity of presenting to the Authority an oral or written statement under sub-section (4.) of this section; or

  (b)   the Authority exercised its powers under sub-section (7.) of this section in relation to the inquiry.".