MILITARY SERVICE BOARDS.

Gisborne Times, Volume XLVII, Issue 4367, 11 October 1916, Page 5

MILITARY SERVICE BOARDS.

HOW APPEALS WILL BE HEARD

REGULATIONS gazetted

(Pres s Association Telegram®} WELLINGBTON, Oct. 10. Regulations concerning the hearing of appeals under the Military Service Act were gazetted to-day. They are as ioliow:— (1) On the hearing of appeals the Crown may bo represented by any person appointed on tlieir behalf by the Minister for Defence, either generally or with respect to anv class of appeals or with respect to nny particular appeal. The representative of the Crown is hereinafter referred to as the military representative. (2) The military representative at the hearing of an appeal, shall have the right to be heard in opposuion thereto, to produce evidence, and to cross-examine witnesses. (3) The Chairman of a Military Service Board shall give to the Commandant such reasonable notice of the time and place of the hearing of the appeal as may be sufficient to afford to'the military reprosentati 'e a reasonable opportunity of being present. (4) An appellant may, on the hearing of his appeal, he* represented by a barrister or solicitor, or, with the leave of the Board, by any other person. (5) All appeals shall be heard in public, unless the Board in any particular case (ilue regard being given to the interests of the appellant and of all other persons concerned) consider that the hearing or any part thereof should take place iii private, provided that the Board may deliberate in private as to the determination of the appeal or as to any question arising in the course of the proceedings. (6) The hearing of an appeal may, from time to time, he adjourned ry the Board to any time and place or sine die, but if adjourned sine die reasonable notice of the time and place of the continuance thereof shall he given to the appellant or his representative and to the military repre.sentn t ive. (7) When the hearing of an appeal has boon completed, the Board may reserve its determination, and may thereafter determine the eppoal at any time ami place anil either publicly or privately and either with or without previous notice to the appellant or the military representative. (8) The forms set out in the schedule may be used for the purposes of the Military Service Act. (9) In determining an appeal on the ground set out. in paragraph (c) of section IS of the Alilitary Service Act. the Board shall, unless it sees good reason to the contrary, accept as sufficient a certificate by the Alinister for Defence that the occupation of the reservist is of such a, nature that the calling up of that reservist for military service is contrary to the public interest. (10) Notwithstanding anything to the contrary in sub-section (3) of section 18 of the Alilitary Service Act, the Board shall lie under r.o obligation to accept as sufficient evidence of undue hardships the loots set out in that sub-section if the Board is satisfied that by reason of estrangement between the reservist and his parents or by reason of any other exceptional circumstance, the calling up of the reservist for military .service would not in fact 1)0 the cause of undue hardship to his parents. (11) The Alilitary Service Board , shall not allow an appeal on Hie ' ground set out in paragraph (e)_ol section 18 of the Military Service j ■ Act until ami unless the reservist i , has signed and delivered to tiie Commandant or to the Board an undertaking in term No. S in the . schedule hereto signifying Ins wil- > ' 1 bigness to perform non-combatant j < work or services. . ( (12) (1) When any reservist who _ is required under section 35 of the Military Service Act to show cause , why he should not he called up for . service gives notice of appeal on the j ground that he or anv brother of his is permanently unfit for "uli- . iarv service, the Commandant snail forthwith cause every person so al- < leged to be unfit for military service ( to be required, under section / of

the said Act, to submit himself or examination before a Board of mec.ical officers (hereinafter called the Aledical Board). (2) 'J'he report of the Aledical Board shall bo transmitted. through the Commandant, to. the Alilitary Service Board uppointed to hear the appeal, (o) lie Alilitavv Service Board shall not determine the appeal until that Board has received from the Commandant in respect of every person so alleged to be unlit for military service either the report or the Aledical Hoard or an intimation that such person has made default by submitting himself for examination before the Medical Board.