Civil Service Act 1874 (SA)

YAKT I.-Repeal of Act KO. R of I8 ti5-6 :

2. " An Act to amend thc Law relating to the retirement of R e p d of ~ r t KO. o

officers in the Civil Service: ancl for other pu~poses." being No. 9 of of 1865-6.

C 1 865-6.

PART 11.

--	186 5-6, is hereby repealed, except as tu any matter or thing lawfully
(lone nnnPr the said Act previously to the coming into operation of this Act, provided that no Act or part of an Act by thc said Act repealed shall bc hereby revived.
Liulitcltion ot' ~ c t.	3. Kothing in this Act s l d l apply to ;my Rrspoilsiblr Ministcr of the Crown, to any Juclgc. of the Supreme Court, to the Private Serrctary and Aide-tie-Camp, to His Excellency the Governor, to any horlarary ufficw, to m v offirer wholly rtlmuncratrtl by f c ~ s or c;ominission, to any pcrson temporarily employed in the Service of the Government, or to any officer or class of ~ f i c e r s to whom or to which the Governor shall cieclarc that the provisions of this Act arc not inten3ed to apply.

PART u r. I'XILT 111 .-Classification :

~iv is ion of 8ervice. 4. 'Yhc Civil Service ibr the pnrposes of this iict, shall be taken

to consist of two divisions, that is to SLY the " Professional Division,"

and the " Ordinary Division. "

~ ~ ~ Division. f ~ 5. The Profcssioml Divisioi~ shall include all those offices, ~ ~ i ~ ~ ~ ~ 1

whether now existing or hereafter to be created: which require for their exercise, some skill or knowledge usually acquired only in somc: pwfc&ou, or other 1)urmit different from the ordinary and c;lcric.al routine of the Civil Scr.vice.

Oxdimry Division.	6. The Ordinary Division shall include id1 thosc~ offices, whethcr now existing or hereafter to be created, which are not comprised in
the I'l-ofessional Y ivisiou.

(~lasscs. 7. The C'ivil Ser~-ice shall consist of six classes, and non-classified

officers incntioncd m the Second Schedule hereto.

Salatriesofofficersof	8. Until the Governor shall otherwise cleterrnmc under the provisions hereof, the officers mentioned in the First Schedule to this Act shall be officers of the first class, in the Professional or the Ordinary Division respectively, and (except in the cage of officers paid by \,irtue of' any Act now or which hereafter shall be in force), shall have attaclied to thenl respcctively, but subject to such alterations as w e herein provided for, tllc scvcral salarics granted to them lry 1 hc A c t fo r ~ I I P ;q)propriution of thc revcnur1 firr the yeay
first C ~ S.
( d i i l g the tlrirtic~th d i l ~ o f ,June. orw thousand cight huudred ancl
sewnty-five.

SiL~lLrioVOfOfficel.sill 9. Everv cslass in each division as aforesaid, except the first

remainkg

class, sli;rll*lmve a minimum and a maximum limit of salary, and

everv

:3l- 'k :H" IilCl'ORlrE, No. 3.

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Cicil Seruice -4ct.18'74.

every officer therein shall be cutitled to receive an aunual increase. PART ITT.

that is to say, for officc~rs of' t l ~ e

Amu:ll

Jlinimmn. Maximum. I ~ ~ ~ ~ ~ ~ ~ .

Second class .. .. . 2 3 5 0 $425 5 1 6

'l'hird class ............ 5.'L'SO $:5:30 $10

Fonrth (.lass ..., .. $220 X 2 7 0 $1 0

Fifth class ............	$1 60	$210	S10
Sixth class ............	ZlOO	$1.50	£1 0

Providcd that ever)- oficri- i l l the Proirssional Division eng?grci i n the ~".rfornmncc of strirtllr- professional duties shall entitlctl to receive ten per centnm pcr annnm on the salaries nbo~cx mcntioucd: Provided also, that no officer ill ilw ortlinnry diviriolr shall in any war receirc a salary higher than thc rnns imu i~ limit of his class; i n d no officer in the lJrof,ssionnl llivision shall in i l l l y year receivr

a salary higher than thq nlasimum limit of his class, and ten pcr

c~n tu rn thereon: Provided also, that in no (.;m sh:dl any; ~ n n l ~ i l

intwmc bc grnnteci cxcept upon sstisfactory proof of thtl industry

and general good condnct of t h ~ officm.

10. If a t the time of this -4ct coming into opel~ntioll :In y officer is Anrlual inc.rt.ns+:

in receipt of a salary witltill thc limits nssigncd bv this Act to thc whPnto"mln'cn"~

class in ~ h i c l i the Gov~rna r places him, but aborc thc iuinituuril

salary of that class, such officer sh11 continuc to rweive such

salary and the annual increases provided for in c.lnnsc 9 of this

Act k t i l he shall h m c reached thc masirnmn thewin prwidotl.

11. Before the transmissioil of the Mrssage u ( ~ x ) ~ n p; ~ n ~ i n g tllv Limits of snIary, h o v

Esti~nates in :1ny finnricial year, the Governor may reconmend by defined.

Message to the TTouse of Assrmbly, n reduction o i increase,

~f any such be required, according to a specified rato, in or to thc

salaries of the officers, or to thr salasy of any ofircr, of thc first class (except in the casc of officcrs paid by virtue of any Act now or which shall hereafter be in force), and also a nlaximurr~

and a minimum limit of salary for each (.lass, cxcrpt tllc first,

and the rate of such limits of salary thereupoil adopted by the House of ,%ssc~ofly for or increase (if any), and the

such officcrs or officer, and for cach such class, shall bc! the rate of

reduction or increase, and the limits of wtlary, as the castL 1 1 ~ 2 ~ h(', for those officers or officer, or for that class during the financial ytw, but in every lower class the maximum limit of salary shall bc less than the minimum limit of salary in the class nest abow such lower class: Provicled that nothing herein containctl slxtll pbtxcnt iltly rateable reduction by thc Honst. of Assrmbly without such mcssagc.

12. As soon as conveniently may be after the passing of this Act, ofices to ~, e t ~n. ;s i f ic~

the Governor shall determine'the number of offices of each Division, and each class nforcsaid, tllat arc- rccluired for thc cffivicnt working

of each Department and shall classify the officers of the Civil Service Classification to he

according to the armngcment of officcs so c\ctcrnlincd; ;uid a state- ~1fi '~~'h"" "ln""a~.

ment of wch clawificntion sh~lll 1)r ~ ) i ~ h l i ~ l ~ ( d in t h ~ Goz~~rnwe?/ t

{AfzPt t P,

l0 :31@ & 3W VICTOY;IB, No. A.

Civil Seniice Act.-1 876.

P ~ R T 111. Gazette; and in the month of July in cvery year afterwards, a list of

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all officers in the Civil Service, classified as aforesaid, with the date of their first appointmelit, shall bc published in the Governmeut

Gazet t~ ; and such publishcil list shall be conclusive evidence of the

character of the office and of the rank and length of service of everv officer therein named. When miy officer thinks that in any classifi- cation hc has been placed in a class lower than that in which, from the nature of the services he performs he ought to have been placed, he may (if the Responsible Ministcr in charge of the Department consent; in writing) within one month from the date of classification apply to the Governor, who shall thereupon appoint three or more rornpctcnt persons to hcar tmd rcport thereon, and niay confirm or alter scrh classification, a n d such classification as confirmcil or altered shall be final: Provided that the Governor may, for special

reasons-such as lcngth of service, spccial mty, or otherwise-rate

illly officer in n higher class than that for which his salary shall bc

voted or recommended.

Dccinian of i;owl.uor	13. Where any question arises rcspc~cting	the rights or obligations
to be final.

under this Act of any officer, or class of officers, thc Govcr~lor

inny ciecidc the same, and such cltxision shall be final.

Number of officers	14. The Governor may from time to time diminish the total number and alter the distribution of the officers in t,he Civil Service in each department as circumstances may require: Provided that in case of retrenchment, the Governor inay appoint m y officer, whose office would thereby be abolislzeil, to n lowcr class i r i t h c k Service, without dispcrising with his svrvices altogether.
may be altered.

PART I-. PART W.- .Non-classifid officers:

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xon-das~ih~lOffi~'crs. 15. Persons who have been in the provisional and temporary

employment of the Government for ;t period of five years continuously at the timc of tlie passing of this ,4ct, or who shall be and remain for the like period in bhc temporary enzployn~ent of the

Government, and wheth~r remmncratd by daily or weekly wages or sttlarv, shdl be non-classified officers of the Civil Service, and rank in t l k second schedule hereto. 8vcrv non-classified officer shall be eligible for promotion to that class' of the fixed establishment.

@whether in the professional or ordinary division, to wllich his d a r y, if calculated bj- the j ear, would entitle him if Ile were a classified officer: Provided that the provisions of this. h t, unless mhcn otherwise expressly nlentioncrl, shall not apply to non-classified

officers.

17. I';xccl)t RS by this Act pro\- id~l.	:313d C X C Y > ~ ) ~	i t s t:)	Citdet~	nncl	A V
w n ict,. upon ontnrinp:

l)cmmq~rcviously crnploy(~1 in tlw Civil Servirc, no persoli shall 1111

;ippoint(d to i oficr, or bv allonwl to mtvr snrh Scrr-in., who

sllall not 1w of the M 1 ngt. of cightecu I cars.

20. 'Ihe G o ~ r r n o r may su~irmarily dimiss any ~~~oh:ztioiier who Dismissal or transfer and appointment of

is incompetent to discharge thc: duties rcquircd of him, or may p rob;ltionor. transfer him to sorrrc otllcr Department in which hc may 1x2 ~0111- yctent to serve, but no appointment shall he rnacic absolntc until thc probationer has servrtl thc full period of' thrce months in onc	office, and obtainctl the rc~comrnciltlatim of' the T l ~ i d	of	hi<; T1cpnl.t-
ment.

21. \vhelk in thc Professional l)ivision m y vacancy occul-I;, jf i t Pmmotionin thn

opinion that there is any officer of lower rank in the Department

whcrein such vacancy has occurred, or in that Uivisioiolr of the

be experliorit to fill up audi \:c.cnncg, and if the Governor bc r;f' I'rofessional Division. shall appoint such officer, but if them bc no such officer, then ho may appoint, with or withoat probation, imd irrespcctivc of age,

such person as hc may think fit, although riot previously eng;lgad 111

the Civil Service.

12 37' & 38- VIC1L'ORI~X, No. ::.

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Civil Service Act.--1874.

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PART TT.

such vacancy that officer, being qualified, and most deserving of promotion, who shall stand next in rotation on the classified list

of that Division of the Service, and such promotion shall be made

as far as possible from the Department wherein such vacancy has occurred: Provided that nothing in this clause shall prevent the Governor fkom appointing any properly qualified non-classified officer to such vacancy, pursuant to clause 15 of this Act, or any other properly qualified person, although not previously engag~d

in t h Civil Service, in any case where he shall think any special

circumstances niay rmder it necessary so to do.

Departmental reports. 23. Every Head of a Department shall furnish to the Responsible

Minister controlling the same: once in each year, and at such other times as the Govrrnor may direct, reports 'upon the conduct a l ~ d efficiency of wch and every officer employed in his Departmerit.

PART m. PART VII.-Rerrmvul and dismissal from officcl:

24. When any officer is reported as guilty of ;L breach of the

to try d,argeE againet regulations to be made under the authority of this Act, or of any

Board to be appointed

officers. conduct rendering him unfit to rcmain in the Civil Service, he shall thereupon bc suspended by the Responsible Minister controlling thc Department and be furnished with a written copy of the charge; and if he denv the truth of such report, and demanct in writing all inquiry, the hovernor shall appoint a Board to inquire as to thc truth of such charge, md such Board s l d i have authority to hear, receive, and examine evidence; and shall, after fully hearing the case, report to the Governo; thereon; and the GOV&OP may restore such officer to his ofice, or may clismiss hira from his ofise, or inflict surh other penalty provided by this Act, ;i,cc:ortling to the

r~ature of the offence, as he may tieem a.dvisable.

Dismissalorrcduction

25. If any officer be guilty of any breach of the regulations aforesaid, the Governor may, according to the nature of the offence, dismiss him from the Service, or reduce him to a lower rank

regulations.

therein, or to a lower salary within his class, or deprive him of such future arinuaT/L increase as he would otherwise have been entitled to

receive, or of any part thereof, or of his leare of abse~lce, during

such time as the Governor may think fit.

of rank for breach of

Forfeiture of office 26. If any officer be convicted of felony, or take the benefit of

in certain case&.	any Act now or hereafter t o be in force for the relief of insolvent debto-CS, he shall, on proof thereof, be deemed to have forfeited his office.
Insolvent officer may
be reinuhted in the	27. When any such officer has forfeited his office by reason of pecuniary embarrassment, if he prove to the satisfaction of the Governor that such embarrassment has not been caused or attended by any fraud, gambling, extravugance, or d~shonorable conduct, the Governor may reinstate such offic-r in his former position in the. Serviw.
absence of

28. 'I'llc

28. The Governor limy rryuirc ally officer, who has become i~ l ca~ac i t a td PART m ~.

for the perforniail~c of his dutics, to resign his office, Certain O ~ ~ ~ O A I. S may

and, in tllc event of non-compliance, may remove such officer, who be rc'lllircd to

shall thereupon be entitled to the compensation provided by this Act.

29. The Responsible Miiiister of ally Ucputincnt nlaj* at such ~ e a v e for recreation

not more than three

tillles as he may dwm ronvmicnt: grant to any officer leave of reek8; in Cue of

absence for recreation, not cxccedrng in the whole thrcc wcclrs in siokn~8s not

than thrcc months.

each year; arid in cases of illncss or other pressing necessity, such

cvtended lcavc not exceeding three months, and oil such terms as

he may think fit.

:-H). The Governor may grant to auy officer in the Civil Service, of Officer of not less than ten years' service 1nz-y

;it least ten j ears' continuous service, not exceeding twelve mouths7 have for twelve

leave of absence on half salary, or, at his optiol~, six months7 leave months.

of absence on full salary, or if of twenty years7 continuous service, twelve months7 lcave of nbsencv on fihl sdmy; and i cases of illness or 0 t h - pressin(. ncccssity, such extended leave, on such t!

t ~ r m s as he may think fit: l'i~ovidcd that nothing herein contained

shall prevent thc Governor, in citw of pressing necessity, from grantiug lcave of absence to any officer of lesser period of service for m y time uot exceeding six months.

31. 'l'hc following days shall be obmved us Holidays in the l'ublic B o l i d w

Offices :--New Ycnr's Day, Good Friday, Naster Monday, the A nni-

versary of Her Majesty's A~ccession or that of Her successors, the

Anniversaries of the Birthday of Her hlla$:st,y or that of IIcr suc- ctw.orG, of His Royal Higl.iiicss the Prince of Wales, and of His Royal Eig'hness the present Duke of %dinburgh, Christmas Day, the Anniversary of the Proclamation of the Culony, and any other clay appointed in the Government Gaxeltc as a 13ublic 13oliday: Providcd that nothing in this net shd1 authorise the closing of	any Government office rcquird by law to bc kept open on any of	such days, nor prevent thc Responsible Minister in charge of a
~ e ~ a r t m e n t from requiring the services of any of the officers of such Depsrtrnrrlt during any soch Holiday in case of emergeccy; but if any of the above-mentioned Holidays shall fall on a Saturday, the Monday following shall he observed as a Holithlay in lieu thereof.
PART rx.-Allowance on retirement or death: PART IX.

52. The legid pcrsonnl rqxrseniativc. of rwry otfia~l-	in	the ( ' iv i l	ORicers
ruoval, or m resigmetion dpxih, W-

Service who may hereaftpr die while in such Servicc. although his from ofire to

death inay have occurrd or m;tj orcur (111ri1ig. the absence of such a l u ~ x ~ ~ ~ n t h ' ~ a a l ~ r ~ f u l every year they have

officer on leave, and every officer in the Civil Service on being een in the service.

removed from, or on being permitted to resign, his ofice on account of illness, infirmity, age, abolition of office, or any other cause whatever, except misconduct, or pecuniary embarrassment, shall, with the

c~msent

14 37" k 33'' VIC'L'OIC1,E:. So. 3.

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Civil Ser~dcr Llct.-lY"i. - - -P-

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I'hltl' IS. coilsent o"i11e Governor, Le entitled l u nud shall be paid by thc

p--

I 1

lreasurer n surn ( q u d to one: 1)iontll's sxlary for (very year, and a

Not to re8ign without	proportionate sum for any pcrioil lcss than a yml; that any such
unless sixty years of	officer may have served i11 the Civil Service; ancl tllc average
m serowe.
y e or twenty years	salary received by any such officer during the three yc:m nest preceding such death, resignation, or rcnloral from office, shall be taken as the salary of such officer for the purpose of calculating the amount to be paid by the said Treasurer as aforesaid: Provided that this clause shall not apply to any officer who s2~all be permitted to resign his office, exccpt upon a. medical certificate of illness or infir- mity, before he shall have attained the age of sixty yeam, or haw been twenty years in the Civil Service.

medical certificate,

Oficor not to assign 33. I t sliall not bc lawful for any officer in the Civil Scrvicc to

any lnay be entitled of lnoney to he assign, transfer, make over, or othcmise part with (either by way of

under this A C ~.	mortgage or absolutely, except by his last will and testament), any
Deed purporting to	sum of rnoncy which he may be positive',y entitled to or haw in
assign same void.	expectancy under the provisions of this Act; and any deed or instrn- ment (other than a last will and tc~tament) purporting to assign, transfer, make over, or part with any such sum of money as afore-
Mpney not t? r)ass to	said, shall be void both at law and in equity; nor shall any sum of

ofhcer' s credltore.

money to which any such officer shall be so entitlcd as :iforesaid pass to the creditors of, or be in arly way liablr to or clmrgeable with the pavnient of any off the debts, liabilities, or engagements of, any such chicer, or to bc levied, or attached, or taken in execution by virtue of any process.

AII questions as to

allowances decided by 34. All questions as to allowances arising ollt of this part of

Governor.	this Act shall be dccided Gnally by the Governor.
To apply to non-
classified afficers.	35. The provisions gf this part of tllo Act shall apply to non- classified officers: Provided that 110 person, availing himself of this Act, shall be entitlc4 to any gratuity or retiring allowance from any other retiring fund, established or to be established under any other
Act of Parliament or Eegulation.
Regulations may be	36. The Governor map froin time to time make aiitl publish in the Gnvernmettt Gazetle regulations, and repeal or vary the same: concerning the duties to he performed by officers of the Civil Scruce, and the discipline to be abserved in the perforraizlict: of such duties, and may affix to breaches of such regulations, according to the nature of the offence, the penalties therein set forth: Provided always, that no such regulations shall in any manner alter or affect duties which by any Act now or hereafter to be in forcc are or shall be required to be performed.
made for the Civil
Servicc.

so c la in~ for compun- 37. No officer in the Civil Service shall be deerned to be entitled

sation if Act altered. to any compensation by reason of any reduction of his salary, or on any alteration of the limits of salary of his class as hereinbefore

provided

;<S. if. for thc interest of thr: Public Service, any officc be nladr [ f o ~ l. c m. ~ ~ i e p o l i t i, . a i.

lwlitical. thr C; owrnor may- ~ecommcnd to Parliament thc payment to the. offirer then holding the ;l.ppointnwnt, of a fair and just com-

I~en~atioli for his mtirement thcrcfrom, independent of' any retiring

allnwi111c.t~ to which hc may thm he entitled under this Act.

Civil Service Act-1874.

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FIRST SC:HEI)U I,X.

( lerk of thc Legislative Council Clerk of thc House of Assembly

Under Secretary (Civil List) Auditor-Gcncral (Civil List) Comnlifisioncr of Police

Sheriff

Postmaster-Gencd and Superintendent of 'l'ulqpphs

Colonial Surgeon

President Hoard of IIealth

('llairn~m 1)cstitutc Pvor Board

Crown Solicitor (C'ivil List) Secretary Attorney-General Master of Supreme Court

Stipendiary and Police Magiutratw

Commiseioner of Insolvency

Registrar-General of Deeds

Solicitors Lai:ds Titles Commissionerq

-

Under Treasurer

Agent-General

Collector of Customs

President hlarine Board

--

Secretary Commi4oner ('rown I,and\ mrl humigratiun

Survej or-General

Inspector and Valuator of Lands

Director of Botanic Garden

Secretitry Commissioner Public Works

Engineer-in-Chief

--

Secretary to Sixth Minister

Government Resident, Norhhern Territory

Assistant Auditor-General

,	Registrar-General Births, Deaths, and Marriages Government Printer Inspector Postal and Telegraph Services Senior House Surgeon, Hospital
Kegistrar, Supreme Court
Official Assignef;
Deputy Registvar-General of Dced. Assistant Agent-General
Deputy Surveyor-General Chief Inspector of Sheep
Chief Assistant Engineer Architect Loc~xuotive Superintendent of Itail waj* Secretary, Central Board of Main Roads Superintending Surveyors, Central Roard of Main Koadb Vaccination Officer
And such other Officers as the Governor may by Yroclaluation in tllc ( i r, t .o. t z -

naevzt Gazette direct to be placed on this Schcdulc.

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SECOND SCRE1)ULE.

Non-classified officers, as defined in clause 15 of this Act

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Aaeleide: By authority, E. ~ P I L L ~ ~, Gorenm~ent Printer, Vo~th-tclararv.