82Appeals, procedures on

##### 82. Appeals, procedures on (1A) This section applies with respect to the procedure on appeals. (1) The Appeal Board 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 32 km from the place of the sitting of the Appeal Board may be taken by affidavit or otherwise as prescribed. (3) Any member of the Appeal Board 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; or (ii) by the secretary, or his deputy, of the industrial union; or (iii) by an employee of the Authority nominated by the appellant; and (b) as to the Authority, by one of its employees authorised by it in that behalf. (4A) Despite subsection (4), no party shall be entitled to representation by a legal practitioner. (5) The Appeal Board may, subject to the regulations, regulate its own procedure and issue summonses for the attendance of witnesses, and shall have power to compel any witness to attend and give evidence. (6) Any person who does not appear pursuant to any 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 Appeal Board any document which by such summons he is required to produce, shall be liable on summary conviction to a penalty not exceeding $20. (7) In addition to travelling expenses, a person attending as a witness shall be entitled to recover from the person at whose instance, or by whom, he was summoned or requested to attend, an amount to be fixed by the Appeal Board according to the prescribed scale of allowances to witnesses attending before the Appeal Board. [Section 82 amended: No. 29 of 1907 s. 12; No. 56 of 1926 s. 6; No. 78 of 1948 s. 28; No. 113 of 1965 s. 8; No. 27 of 1976 s. 6; No. 38 of 1979 s. 4; No. 31 of 2003 s. 139(1); No. 19 of 2010 s. 60(4).]