APPEALS COMMITTEE REGULATIONS

APPEALS COMMITTEE

SUBSIDIARY LEGISLATION 594.05

APPEALS COMMITTEE REGULATIONS

27th July, 1953

GOVERNMENT NOTICE 418 of 1953, as amended by Government

Notice 340 of 1955, Emergency Ordinance VI of 1958 and Acts XXV of

1962 and XXV of 2019.

(1) The title of these regulations is the Appeals Committee

Regulations.

(2) The meaning set out in the Employment and Training

Services Act are applicable to these regulations. The Appeals

Committee is hereinafter in these regulations referred to as "the

Committee".

Each member of the Committee on appointment shall take

an oath before one of the officers mentioned in article 5 of the

Attorney General Ordinance or one of the officers mentioned in

article 4 of the State Advocate Act to conduct all proceedings with

impartiality and to the best of his ability.

The Committee shall hold its sittings in private.

The members of the Committee shall not in any case

divulge anything discussed by them in the course and in connection

with any proceedings.

The Minister shall appoint an officer of the Department of

Labour to act as Secretary to the Committee.

(1) The Committee shall have the power to summon

witnesses and to administer the oath to same; to appoint assessors;

and to require any person who appears to the Committee to have

special knowledge of the subject matter of the inquiry to furnish, in

writing or otherwise, and to confirm on oath such particulars in

relation thereto as the Committee may require. When the taking of

an oath is required, the oath shall be administered by the Chairman

of the Committee. All necessary orders shall be made in the name

of the Committee over the signature of the Secretary of the

Committee.

(2) In the matter of summoning witnesses and enforcing the

attendance of witnesses summoned, the Committee shall have the

same powers as a civil court as set out in the Code of Organization

and Civil Procedure except that it shall not in any case be enabled

to order the detention of any person and except that the duties of a

court usher and of a court marshal respectively shall be performed

by members of the Executive Police detailed for the purpose by the

Commissioner of Police. Any fine inflicted by the Committee shall

be recoverable by the Attorney-General as a civil debt to the

Government.

(3) In the course of the hearing of any appeal the Director shall

have the right to appear before and be heard by the Committee.

APPEALS COMMITTEE

Witnesses shall be paid fees in accordance with the

Witnesses (Fees) Ordinance.

Parties to any proceedings before the Committee may be

assisted or represented by a legal practitioner.

The Committee shall not be required to have regard to legal

forms, and may seek information on any matter in such manner as it

may think fit.

Decisions of the Committee shall be issued in writing and

shall not specify in detail the reasons for such decisions but may

make reference to the main evidence heard.