Commonwealth Numbered Acts

AUSTRALIAN NATIONAL RAILWAYS COMMISSION ACT 1983 No. 140 of 1983 - SECT 42

42. (1) Where a decision of a kind prescribed by the by-laws is made in
relation to a charge of misconduct, including a charge (whether instituted
before or after the commencement of this Act) with respect to misconduct
committed before the commencement of this Act, the employee charged with the
misconduct may appeal to a Disciplinary Appeal Board against the decision.

(2) On the hearing of an appeal under sub-section (1), a Disciplinary Appeal
Board may take evidence on oath or affirmation.

(3) The by-laws may prescribe the grounds on which, the manner in which, and
the time within which, appeals may be made under sub-section (1) and the
manner in which the hearing of appeals so made shall be conducted.

(4) A Disciplinary Appeal Board shall hear each appeal submitted to it under
sub-section (1) and may confirm or set aside the decision against which the
appeal is made and, if it sets the decision aside, may substitute for that
decision such other decision as the person who made the decision appealed
against might have made.

(5) A Disciplinary Appeal Board shall give reasons, in writing, for its
decision on an appeal.

(6) The Commission shall take such action as is necessary to give effect to a
decision of a Disciplinary Appeal Board.