AGY-3553 | Legal and Estates Branch [Chief Commissioner of Railways]

Full description

The branch was established at some time between 8 August 1940 (1) and July 1947 (2). In 1956 the organisation was as follows - The chief officer was the Solicitor for Railways. There were two main sections - Legal Section and Estates Section. The Legal section was responsible for Common Law matters, conveyancing, and industrial matters (including the Appeal Board). The Estates Division was headed by an estate agent and consisted of a lands and architectural divisions in addition to metropolitan and country divisions. (3) In 1957 a review was made of all surplus railway land with the purpose of adapting relevant portions of land for commercial or industrial use. The overseas trend of using airspace over tracks and adjacent to railway stations for car parks and residential or commercial was investigated. (4) In the ensuing years many major projects were commenced. With the establishment of the Public Transport Commission of New South Wales on 20 October 1972 the branch was further divided into two divisions - Bus and Railway. The role of the Solicitor for Government (the Senior officer of the Branch) was described as follows: preparing contracts, agreements and other legal instruments on behalf of the agency, handling all legal claims against the Department including those relating to injuries or property damage arising as a consequence of accidents; claims by the Department arising from accidents; claims by employees for accident pay or compensation; third party claims, collection of outstanding accounts and other claims caused by traffic operations. The Section was also responsible for preparing cases for litigation in a variety of jurisdictions from Small Debts Courts to the High Court. Solicitors employed by the branch conducted hearings in the Workers' Compensation Commission and Magistrate's Courts. The branch also advised the Commissioner and other senior staff on all legal matters including liability, industrial matters, insurance, agreements, and property matters The branch also represented the Department when necessary at Coronial inquests. It was responsible for drafting legislation and amendments; reviewing submissions to the Minister, and making recommendations in relation to estates. Legal staff represented transport staff for actions taken against employees when engaged in work including damages and traffic breaches. A major part of the work of the branch was conveyancing and preparing leases (e.g. for newspaper vendors occupying railway property, the erection of temporary structures on railway property), resumptions and easements of land. (5) The lands section acquired and disposed of land as necessary, dealt with technical aspects of land management including surveying, drainage, access, ensured the protection of the Department's land by fencing, kerbing and guttering, dealing with Town Planning matters, effectively recording the railway's interest in land investigating claims for damage, and valuing properties for the Railway Retirement Fund. The advertising section sought and facilitated advertising on railway property. In 1973 the Commission was restructured and the branch was divided to become the Legal and Property Branches of the Secretariat. (6) End Notes:
(1) SRNSW: NRS 15741/1/102 (2) SRNSW: NRS 15741/1/26 (likely to be dated in July 1947) (3) SRNSW: NRS 15741/1/34-35 (4) SRNSW: NRS 15070/1/ 87 Department of Railways New South Wales. One hundred and second annual report for the year ended 30 June 1957 p. 27-28 (5) SRNSW: NRS 15741/1/44-45 (6) SRNSW: NRS 15741/1/48