Document ID: chunk:federal_register_of_legislation:C1962A00066:body:0:p5
Version: federal_register_of_legislation:C1962A00066
Segment Type: other
Provision Reference: 
Character Range: 10268–13078

suspension of registration.".
(2.) The amendments made by the last preceding sub-section do not apply to or in relation to the cancellation or suspension of the registration of a waterside worker, or to the entry of the name of a registered waterside worker in, or the transfer of the name of a registered waterside worker to, Part A or Part B of a register of waterside workers, before the commencement of this Act or the refusal of the Authority before the commencement of this Act to transfer the name of a registered irregular waterside worker to Part A of a register.

Compensation where appeal upheld.
12. Section thirty-seven a of the Principal Act is amended—
       (a) by omitting from sub-section (1.) the words "loss of wages and attendance money" and inserting in their stead "any loss of wages, any loss of attendance money and any loss of payments for public holidays"; and
       (b) by inserting after sub-section (1.) the following sub-sections:—
"(1a.) Subject to the next succeeding sub-section, where—
       (a) the registration of a waterside worker is cancelled;
       (b) the Commission, upon consideration of an appeal against the cancellation, sets aside the cancellation; and
       (c) the waterside worker satisfies the Commission that his earnings during the period of cancellation were less than they would have been if the registration had not been cancelled and that it is reasonable that he should be paid compensation for the reduction in his earnings,
the Commission may, by order, direct the Authority to pay to the waterside worker such amount by way of compensation for the reduction in his earnings as the Commission thinks proper.

"(1b.) The Commission shall, in determining whether it is reasonable that the waterside worker should be paid compensation for the reduction in his earnings, and in determining the amount of the compensation that should be paid, have regard to all the circumstances of the case, including—
       (a) the circumstances out of which the cancellation of the registration of the waterside worker arose;
       (b) any failure by the waterside worker to furnish to the Authority at the inquiry held under section thirty-six of this Act in relation to the cancellation information furnished by him to the Commission on the hearing of the appeal to the Commission against the cancellation, being information that, in the opinion of the Commission, he might reasonably have been expected to furnish at the inquiry;
       (c) any delay in the prosecution of the appeal to the Commission against the cancellation;
       (d) the steps, if any, taken by the waterside worker to obtain other employment during the period of the cancellation; and
       (e) any income received by the waterside worker during the period of the cancellation, being