RIGHT OF APPEAL.

Manawatu Herald, Volume XXXVIII, Issue 1623, 12 October 1916, Page 2

RIGHT OF APPEAL.

MILITARY SERVICE ACT. METHOD OF PROCEDURE. KEW REGULATIONS GAZETTED. Special regulations concerning the hearing of appeals under the Military Service Act were gazetted to-day. They are of far-reaching importance, and should be carefully studied by all men of military age. They are as follows: — A PPO IN TIN 0 R EPI > E SEN TA - TIVES. 1. On the lien ring of appeals the Crown may be represented by any person appointed in that behalf by tin' .Minister of Defence, either generally or with respect to any class of appeals or with respect to any particular appeal. The representative of the Crown is hereinafter referred to as (tie Military Representative.

2. The .Military Representative at tin' hearing of an appeal shall have a right to be heard in opposition thereto, to produce evidence, and to cross-examine wit nesses.

.'j. The chairman of ;i .Military Sen ice lioai d shall give lo ! he Commaiulaiil such reasonable notice of I he lime ami place of the hearing of an appeal as may he siiflicieul lo afford lo a Military Representative a reasonable opportunity of Inane present at the hearing. I. All appeals shall he heard in public, unless ihe board in any particular case, due to regard being given to the interests of the appellant and of all other persons concerned, considers that the hearing or any part thereof should take place in private; provided that the hoard may deliberate in private as to the determination of (he appeal or as to any question arising in the course of the proceedings. (i. The hearing of an appeal may from time lo time he adjourned by the hoard to any lime and place or sine die; but, if adjourned sine die, reasonable notice of the lime and place of the couliuuance thereof shall he given by post, telegraph, or otherwise to the appellant or his representative and to the Military Representative. 7. When the hearing ( ,f an 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 Ihe appellant or the Military Representative. 8. The forms set out in the schedule hereto may be used for the purposes of the Military Service Act. !). In determining an appeal on thp ground set out in paragraph (c) of section IS of the Military Service Act the board shall, unless it sees good reason to the contrary, accept as sullieient a eertih'cato by the Minister of Defence that the occupation of the reservist is of such a. nature

thnt the ealling-np of that resends! i'or mililary service is contrary to 1 ho public interest. 10 .Notwithstanding anything to the contrary in subsection (3) of section 18 of the Military Service Act, a board shall bo under no obligation to accept as sufficient evidence of undue hardship the facts set out in (hat subsection, if the board is satisfied that by reason of estrangement between the reservist and Ids parents, or by reason of any other exceptional circumstances, the calling-up of the reservist for mililary service would not in fact be a. cause of undue hardship to his

parents. 11. A Mililary Service Board shall not allow an appeal on the ground set out in paragraph (e) of section* IS 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 Xo. 8 in the Schedule hereto, signifying his willingness to perform non-combatant work or services. THE SHIRKING FAMILIES CLAUSE. 12. (I) When any reservist who is required under section 35 of the Military Service Act to show cause why he should not he called up I'or service gives a notice of appeal'on the ground that he or any brother of Ids is permanently unlit for military service, the Commandant shall forthwith after the receipt of s,nch untiro of appeal cause every person

so alleged to he unlit lor 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 a Medical Board). (2) The report ol the .Medical Board shall be transmitted thron'd! the Commandant to the .Military Service Board appointed to hear the appeal, (3) The -Military Service Board shall not determine the appeal until that board has received from the Commandant, in respect to every person so alloyed to be unlit for military service, either the report of a Medical Board or an intimation that such person has made default in submitting himself for examination before a Medical Boa rd.

POINTS EXPLAINER Section lb of the Military Service Act referred to in the reyulations gives the right to every man called up for service to lodge an appeal on specially stipulated grounds. Under p.jara.graph (c) of section 18 the hoard may allow an appeal on the ground that by reason of his occupation the calling-up of the appellant for military service is contrary in the public interest. Paragraph (el of section 18 deals with religions objectors. Sub-section (3) of section 18 provides that in the absence of regulations to the contrary it shall lie sufficient evidence of undue hardship that the appellant is tin* side surviving son of his parents, who is of military age, and that at least one of his brothers has served with some portion of His -Majesty’s Forces in connection with the present war and has lost his life hy reason of such service. In veiw of the announcement that section 35 dealing with shirking families is to lie enforced this week, special interest will be attached to Begulation 12. This provides in effect that appellants appealing on the ground set out shall submit themselves for medical examination before a Medical Board before their appeals can be heard. The schedules referred to in the Kegnlations set out the forms for appeal.