MILITARY SERVICE ACT.

Wanganui Chronicle, Volume LX, Issue 16775, 16 October 1916, Page 4

MILITARY SERVICE ACT.

HEARING OF APPEALS

COUNSEL TO BE ALLOWED

REGULATIONS GAZETTED

Special regulations conceiving t'lo hearing of appeals, under the Mnitu* Service Act lia.ve just been gazetted. They are as follows:— V ,1. On the hearing of appeals tlfir^ Crown may ba represented »>.»■ any person appointed in that behalf by the Minister for Defence, either generally, or with respect to any class of appeals, or with respect to any partumar aypeal. The representative of the Grown is .icreinaiter referred to as the military renvesentative.

2.- A military representative at the hearing of an appeal shall have tin; right to be heard iv opposition thereto, to produce evidence, and to cross-ex-amine witnesses.

3. The chairman of a m:litary service board shall give to the commaudant such ieasonab!e notice of the time and place ol hearing of an appeal as may be sufficient to afford to the military representative reasonable opportunity of being present. 4. An appellant may, on the hear, ing of his appeal, be represented by <t barrister tr solicitor, or, with leave ot the board, by any other person. 5. AH 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 placa in private, provided that th» board may deliberate in private as to the determination of an appeal or as to any question arising in the course of the proceedings.

6. The hearing of an appeal may from time to time be adjoin red by a board to any time and place, or sine die, but ;f adjourned sine die reasonable notice of the time" and placa of the continuance thereof shall be given to appellant or his representative and to tiie military representative. 7. When the hearing of an appeal has been completed the board may reserve its determination, and n ay thereafter determine the appeal at any time and place, and eother publicly or privately, and either with or withouty1"' previous notice to the appellant or the .' military representative.

8. The form set out in the schedule may be used for the purposes of tha Military Service Act.

NON-COMBATANT SERVICE

,9. In determining an appeal on the ground set out in paragraph (c) of section 18 of the Military Service Act, a board shali, unless it sees good reason to the contrary, accept as sufficient a certificate by the Minister for Defence that the occupation of the reservist is o£ such a nature that the calling up of that reservist for military service is contrary to the publio interest.

10.. Notwithstanding anything to the contrary in sub.section 18 of the ' Military Strvice Act, a board shall be under no obligation to accept as sufficient evidence of undue hardship facts set out in that sub-section, if th.B board is satisfied that by reason of estrangement between the reservist and his parents, or by reason ofany other exceptional circumstances, tfp calling up of the reservist for military service ■would not, in fact, be the cause of undue hardship to his parents. 11. A Military Service Board shall not allow an appeal on the ground set out in paragraph (c) of .section 18 of the Military Service Act until and unJess the reservist has signed and 'delivered to the commandant or to the board, an undertaking m form No. 8 in the schedule hereto, signifying his willingness to perform non-combatant work or services.

"SHIRKER FAMILIES."

12. (1) When any reservist who it required under section 35 of the Military Service Act to show cause why he should not be called uj> for service gives notice of appeal on the ground' that he or any brother of his is permanently unlit for military service, the commandant shall forthwith causs 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 a board of medical officers, hereinafter called the Medical Board.

(2) The report of the Medical Board shall be transmitted, through the com-"; mandant, to the Military Service Board appointed to hear the appeal. (3) A Military Service Board shall not determine an appeal until that board has received from the commandant in respect o£ every person so alleged to be unfit for military service either the report of tht Medical Board or an intimation that such person has made default in submitting himself for examination before the Medical Board.