MILITARY SERVICE ACT.

Hawera & Normanby Star, Volume LXXII, Issue LXXII, 11 October 1916, Page 5

MILITARY SERVICE ACT.

REGULATIONS CONCERNING

APPEALS,

(BY TELEGRAPH-—PBKSS ASSOCIATION.) WELLINGTON, Oct. 10. Special regulations concerning the hearing of appeals under the Military Service Act were gazetted to-day. They are as follow:

(1) On the hearing of appeals, the Crown may be represented by any person appointed in that behalf by the Minister of Defence, either generally or wi J;h respect to any class of appeals or with respect to any particular appeal. Representative of the Crown is hereinafter referred to as military reresentative.

(2) A military representative at hearing of appeal shall have right to be heard in opposition thereto, to produce evidence, and to cross-examine witness.

(3) The chairman of the Military Service Board shall give to the Commandant such reasonable notice of time and place of hearing of appeal as may be sufficient to afford to military representatives reasonable opportunity of being present.

(4) An appellant may, on^hearing of his appeal, be represented by a barrister or solicitor, or, with leave of the Board/ by any other person. .__ (5) All appeals' shall be heard in public, unless the Board in any particular case —due regard being given to the interests •of appellant and of all other persons concerned—considers that the hearing, or any part thereof, should take place in private, provided that, the Board may deliberate in private as to the determination of appeal or as to any question arising in course of proceedings.

(6) The hearing of appeal may from time to time be adjourned by 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 be given to- appellant or his representative and to the military representative.

(7) When the hearing; of appeal has been completed the Board may reserve its determination and may thereafter determine the appeal at any time and place, and. either publicly or privately, and either with or without previous notice to appellant or military representative. ♦

(8) Forms set out in 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 18 of the Military Service Act, the Board shall, unless it sees good reason to the contrary, accept as sufficient a certificate by the Minister of 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 public interest.

(10) Notwithstanding anything to the contrary in snb-section 3 of Section 18 of the Military Service Act, the Board shall be under no obligation to accept as sufficient evidence of undue hardship facts set out in that subsection if the Board is satisfied that by reason of estrangement between reservist and his parents or by reason of any other exceptional circumstances the calling up of the reservist for military service would not in fact be the cause of undue hardship to his parents.

(11) The Military Service Board shall not allow an appeal on the ground set out in paragraph E of Section 18 of the Military Service Act until and unless the reservist has signed and delivered to the Commandant or to the Board an undertaking in form No. 8 in schedule hereto signifying his willingness to perform non-combatant work or service.

(12) When any reservist who is re- ! quired under Section 35 of the Military Service Act to show cause why he should not be called up for service gives notices of appeal on the ground that he or any brother of his is permanently unfit for military service, the Commandant shall forthwith cause every person so alleged to be unfit for military service to be required under Section 7 of the said Act to submit himself for examination before the board of medical officers (hereinafter called the Medical Board). The report of the Medical Board shall be transmitted through the Commandant to the Military Service Board appointed to hear the appeal. The Military Service Board shall not determine an appeal until that Board has received from the Commandant in respect of every person so alleged to be unfit fo,r military service either the report of the Medical Board or an intimation that such person has made default in submitting nimself for examination before the Medical Board.