Civil Service Act 1860 (SA)

ANNO VIC33SIMO TEKTIO ICrL' VICESlMO QUARTO

No* 12.

An Act to wpcnl an Act, N o. 21 of' 1854, intituled " An Act to pro-

vide for tlie retirement of Oficers i?z the Civil Service," and to

provide -for the settlenzent 01' all claims arising under the said

Act, and .for other pwposss.

f Assented to, 17th October, I86U.I

BE1iEAS thc Act No. 21 of 1854, intituled An Act to pro- r r ~ ~ ~ ~ h l e.

vicle for the retirement of Officers in the Civil Service," lius

failed to secnre the objects sought to bc attained by the said Act,

and it has therefore become desirable that the said Act should be

repealed, and that all claims arising under the said Act should be settled, and that other provisions should be made in lieu of the prn- visions of the said Act-Be it therefore Enacted, by the Governor-

in-Chief of the Province of South Australia, with the advice and

consent of the Legislative Council and IIouse of Assembly of the	+
said Province, in this present Parliament assembled as hllows:

"08

1. The said Act, No. 21 of 1854, is hercby r~pealed, and froin the :;?;f-pf

time of the coming into operation of this Act no person shall have any claim against the Treasurer arising out of the said Act hereby repealed, except as provided by this Act.

2. All sums of money heretofore deducted from the salary of or Return of pyrncds

paid by any person, in accordance with the provisions of the said withintereBta

Act, shall be returned by the Treasurer to the person, or the legal

person'al representatives of any deceased having m&?

such payment, or from whose salary such deduction shall have been

made, together with compound interest on such sums at the rate of Proviso.

Ten Pounds per ccnturn per nnnum: Provided that this clause shall

G a not

not extend to any person now in receipt of a pension under the provisions of the said Act hereby repealed, or who may heretofore have withdrawn from the benefits of the said Act,

Pensions to Thomas 3. The Treasurer shall pay, out of the General Revenues of the said Province, to

Li ~lon and Thomas

Thomar~ Lipson, R.N., and Thomas Gilbert, named in

~Lrt continued.

the said Act, during the term of their natural lives, in every year, the following sums, that is to say-to the said Thomas Lipson, RN., Two Hundred and Ninety-One Pounds Thirteen Shillings and Pour- pence, and to the said Thomas Gilbert, Two Hundred and Eight Pounds Six Shillings and Eightpence.

All other pensions .

commuted for five	4. The Treasurer shall pay, to every person (other than the said Thomas Lipson, R.N., and Thomas Gilbert), who shall be at the time of the coming into. operation of this Act, in the receipt of a pension under the provisions of the said Act hereby repealed, a sum equal to five times the amocnt of the annual sum received by such person under the provisions of the said Act ; and such sum, when so paid, shall be in full satisfaction of all claims and demands on the part of the person to whom such payment shall be made, arising out of the provisions of the said Act No. 2 l of 1854.
yeare' purchase.
Officers on removal

from office to receive	5. Everv Officer on the Fixed Establishments of the Civil Service
for every Year they

One ~ o n t h ' s Salary of the said Province on being removed from office, or on being

have bean in the	permitted to resign his office, on account of illness, infirmity,
vice.	age, abolition of office, or any other causc whatever, except miscon- duct, shall, with the consent of the Governor in Executive Council, be entitled to, ~ n d shall be paid by the Treasurer, a s lm equal to One Month's Salary for every year that any such Officer may have served on the fixed establishments of the said Civil Service; and the average salary received by such Officer during the Three Years next preceding such removal from office shall be taken as the salary of such Officer for the purpose of calculating the amount to be paid by the Treasurer as aforesaid: Provided, that no officer shall be permitted to resign his office except upon a medical certificate of illness, infirmity, or age, until he shall have attained the age of sixty years, or have been twenty years in the Civil Service of the said
Province: Provided also, that none of the provisions of this Act shall be construed to extend to any Judge or Responsible Minister of the Crown: And provided also, that a statement of all sums paid by the Treasurer, under the authority of this Act, shall be annually laid before Parliament.
Goyemor in Erecu-

tive Council to decide 6. All questions as to compensation, arising out of the next pre-

all questiom of corn- ceding clause, shall be decided by the Governor in Executive

pensation.	Council.
Commencement o f

Act. 7. This Act shall commence and take effect from the first day of

July, 1661.

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Adelaide : Printed by authorit!-, by W. C. COX, Governwent Pxinter, Victoria-aquare.