Civil Service Act 1884 No 41a (NSW)

No.XXIV.

An Act for the regulation of the Civil Service

for providing Superannuation and Retiring

Allowances to the Members thereof and

for other purposes. [31st October, 1884.]

WH E R E A S it is expedient that officers of the Civil Service should he classified and that a scale of salaries and a system of

appointments promotions and retiring allowances should he established

and that other provisions for the regulation of the Service should be made Be it therefore enacted by the Queen's Most Excellent Majesty

by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled

and by the authority of the same as follows :—

1. This Act shall come into force on the fust day of January one thousand eight hundred and eighty-five and may be cited as the

" Civil Service Act 1884."

2. In the construction of this Act the terms within inverted

commas shall have the meanings set against them respectively unless
inconsistent with or repugnant to the context viz.:—

" Governor "—The Governor with the advice of the Executive

Council.

" Civil Service " or " Service "—The body of persons now or here­

after appointed to permanent salaried offices in the service

of the Government except the Judges of the Supreme and

District Courts the Chief Commissioner of Insolvent Estates Professors in the University or Wardens of the Colleges affiliated thereto the Teachers of the Sydney Grammar School

claimants under Schedule C of the Constitution Act and persons holding appointments in the Military or Naval Service the Police and the Royal Mint.

" Officer"—Any person holding office in the Civil Service other than those mentioned in sections seven and eight and teachers under the Educational Division and persons employed temporarily.

" Prescribed"—Prescribed by this Act or the Regulations made

" T h e Board"—Tin; Civil Service Board appointed under this Act. P A R T

thereunder.

" Public Department"—Any Department of the Government

presided over by a Minister although embracing any number
of Departments also the staff of officers of Parliament.

"Department"—Any division of a Pubfic Department.
" The Minister"—The responsible Minister of the Crown adminis­ tering the Public Department to which the particular officer indicated by the context is attached also the President of the

Legislative Council and the Speaker of the Legislative
Assembly in respect of the officers of Parliament.

"Head of Department"—The Under Secretary of a Public Department the Auditor-General the Commissioner of Rail­ ways and the Clerk of the Parliaments and the Clerk of the

Legislative Assembly and such other officer as the Governor
on the recommendation of the Minister shall rank or class as

a head of Department.

P A R T I .

CLASSIFICATION.

3. All officers at the time of the passing of this Act shall he

classed in one of the following Divisions and Classes and every officer

hereafter entering the Service shall he assigned a position in one of

such Divisions and Classes :—

1.— General Division.

F I R S T CLASS—The Heads of Departments and all officers Avhose annual salaries shall have been fixed by the " Appropriation Act of 1 8 8 4 " at rates not less than eight hundred pounds.

SECOND C L A S S — A l l officers whose salaries shall have been so

fixed at not less than six hundred and fifty and under eight

hundred pounds per annum.

T H I R D

C L A S S — A l l officers whose salaries shall have been so fixed

at not less than five hundred and under six hundred and fifty
pounds per annum.

F O U R T H

C L A S S — A l l officers whose salaries shall have been so fixed

at not less than three hundred and fifty and under five hundred
pounds per annum.

F I F T H C L A S S — A l l officers whose salaries shall have been so fixed

at not less than two hundred and under three hundred and

fifty pounds per annum.

S I X T H C L A S S — A l l officers whose salaries shall have been so fixed under two hundred pounds per annum.

PROBATIONARY C L A S S — A l l unclassified officers serving as pro­

bationers.

2.—The Professional Division.

F I R S T CLASS—Al l professional officers whose salaries shall have

been so fixed as aforesaid at not less than nine hundred
pounds per annum.

SECOND

C L A S S — A l l professional officers whose salaries shall have

been so fixed at not less than six hundred and under nine
hundred pounds per annum.

T H I R D C L A S S — A l l professional officers whose salaries shall have

been so fixed at not less than three hundred and under six

hundred ptounds per annum.

F O U R T H C L A S S — A l l professional officers whose salaries shall have

been so fixed under three hundred pounds per annum.

C A D E T OR J U N I O R C L A S S — A l l unclassified officers admitted to tho

Service to qualify for appointment to the above classes.

3.—The Educational Division.

O F F I C E R S — A l l persons employed in the Department of Public

Instruction except teachers.

T E A C H E R S — A l l teachers assistant or pupil teachers but not

inspectors or assistant inspectors.

All Teachers shall be classified under the Rules and Regulations made in pursuance of the " Public Instruction Act of 1 8 8 0 " and be entitled to promotion and consequent additions to their salaries thereunder.

All officers in the Department shall be classified according to their respective positions in the General or Professional Divisions,

r INXREASES,

I N C R E A S E S .

4. In the case of officers whose salaries shall have heen so fixed
as aforesaid at or over one thousand pounds per annum in the General

Division or at or over twelve hundred, pounds per annum in the Pro­ fessional Division or who under the provisions of this Act may attain

to such salaries an increase shall he given only by special vote on the

Estimates Each officer in the General Division not in receipt of the
maximum salary of his class shall be entitled every year to an increase

on the following scale until such maximum be reached :—

I n the First Class... ... ... Thirty Pounds

In the Second and Third Class ... Twenty-five Pounds

I n any other Class ... ... Twenty Pounds

And such increases shall commence to run from the first day of January one thousand eight hundred and eight-five Provided always that if any Minister shall he dissatisfied with the habits or conduct of any

officer in his department or with the mode in which he discharges his
duties the Governor may order that such officer shall not receive the then accruing or any other increase to which otherwise he would have been entitled. Provided always that the Board shall be informed of the intended order of disallowance at least seven days before the said order

is made and the said Board may make any representation to the Minister in respect thereof and provided further that visiting surgeons
and chaplains to Government Institutions and other persons whose

services shall he only partially employed shall not be entitled to the

annual increment aforesaid.

5 . I n the Professional Division which shall include engineers

surveyors barristers solicitors medical officers and others who subject to the approval of the Governor shall be so classified by the Board or

be admitted to the Service as such each officer whose salary shall

have been so fixed under twelve hundred pounds per annum shall have the same rate of increase but within the same maximum limit as officers in the General Division entitled to the like salary Provided that in the First Class the annual increase shall continue until the maximum of such class is reached.

6. Whenever any officer shall have received the maximum salary of his class for four years the Governor may order that such

officer shall enter the class next above him at the minimum rate of

such class and he shall thereafter be entitled to receive the increase to which officers in such class are entitled but no officer shall he entitled

thus to enter the First Class iu either Division but the entrance to such	class shall be attained only by promotion to fill vacancies therein or
by appointment to fill any new office which may bo determined by
Parliament to belong to such class.
7. Nothing herein contained shall interfere with the rules and regulations made by the Commissioner for Railways as to the mode of admission examination promotion classification and salaries under which persons employed in the Railway Service are engaged and agree to serve or with such rules and regulations of a similar kind with regard to any other Department except as hereinafter provided iu Parts V and V I .

8.    I n the case of messengers housekeepers letter-carriers stampers

or sorters baihffs warders matrons nurses attendants boatmen store men

and persons employed in the Printing and Telegraph Offices Dredge and Marine Service and other persons occupying positions of similar class character or importance who are in the receipt of annual salaries and not of daily or monthly wages or paid by piece-work the Governor may order an increase of any salary in any year not exceeding ten pounds

But all such increases shall be specified in the annual Estimates.

9. Any reduction or increase made by Parliament in any salary shall not alter the then existing classification of any officer or his right to an increase under section four and no officer shall he entitled to any claim for compensation by reason of any such reduction.

10. I f the services of any officer shall be dispensed with in consequence of the abolition of his office or of any departmental change and not from any fault on his part such officer may be required at the rate of salary last received by him to perform any duty for which he
is considered competent in any public department and should he

refuse such change of duty he shall not be entitled to receive any

compensation.

11. The Estimates submitted to Parliament each year shall

under the head of eacli department specify the number of officers of

each class and the aggregate amount of salaries required for the service

of the year and shall show in comparison thereAvith the number of

each class and aggregate amount of salaries for the preA'ious year
Provided that the classification imposed by this Act shall not be held to diminish or affect the rights by Avay of precedence or otherwise

except by way of emolument of any officer.

C I V I L S E R V I C E BOARD.

12. The Governor shall appoint five persons to be a Civil

Service Board to perform the duties hereafter mentioned and such Board shall be appointed solely on the ground of fitness and com­

petency for the performance of the duties assigned to them Three members shall form a quorum and one shall retire annually and shall not be eligible for reappointment within twelve months after retirement.

13. The Board shall within thirty days after being appointed

and afterwards annually in the month of January elect a Chairman who shall be the medium of communication Avith the Minister and in the absence of the Chairman from any meeting the members present may elect one of their number to preside. The Chairman shall in case of equality of A'otcs have in addition to his original a second or casting Arote The Board shall meet at least tAvice in each month and shall

cause minutes of the meetings to be kept by its Secretary who shall

be appointed by the Governor and shall rank in the Fourth class.

11. The Colonial Treasurer shall pay out of the Consolidated

Eevcnue Fund the sum of five; hundred pounds annually to the Board

the calculation of any claim to a superannuation allowance be con­	as fees for the attendance of its members but such fees shall not in
sidered as forming part of a salary. retirement insoh rency removal death or resignation of any member or 15. Whenever any vacancy shall occur in the Board through the
by his absence from its meetings for three consecutive months without leave obtained the Governor shall fill up such vacancy.
10. The Board shall Avithin ninety days after its appointment prepare for publication in the Gazette a List containing the names alphabetically arranged of all the officers in each Division and class and all other persons employed and thereafter the Board shall annually prepare for publication a similar list to be called the " Civil Service
L i s t " And in making such classification it shall bo competent for the Board to value and include as if it Avere salary the annual value of any official residence or any alloAvance which any officer may rcceh'e for
house-rent fees or othenvisc except for forage or travelling expenses or equipment and such list shall be deemed to be the classification for the ensuing year unless the same be within thirty days appealed against as hereinafter provided.

17. Any officer dissatisfied with the position assigned to him in such classification may forward to the Board within thirty days of such publication an appeal setting forth the grounds of his dissatisfaction and if the Board shall thereupon recommend that such officer be changed from one Division to the other or be raised from one class to another the Governor may adopt or decline such recommendation and the Board shall include in its next Annual Report a return of

all such appeals and the result thereof.

P A R T I I .

EXAMINATION APPOINTMENT AND PROMOTIONS.

I S . Every candidate for admission to the Service shall make his application in writing to the Board accompanied by a certificate of his having passed the University Civil Service Examination or other examination equivalent thereto and the Board shall record the name age place of birth and residence of each candidate and the result of every such examination and it shall he competent afterwards for any

Minister to select any person from the list of candidates so registered

to fill any vacancy in the Probationary Class.

19. The Board may whenever other examination is necessary

than such as is prescribed herein make Regulations subject to approval

by the Governor appointing subjects for examination and standards of efficiency therein for candidates for employment in the various branches

of the Service and such Regulations when published in the Gazette

shall have the same force as if embodied in this Act.

20. The Governor shall appoint examiners to conduct the

examination of such candidates and such examiners shall report to the

Board the result of each examination.

21. No person shall be admitted to the Probationary Class who

is under seventeen years of age or above the age of twenty-five nor
unless he shall satisfy the Board as to his character and shall comply with the prescribed requirements and every person so admitted into the Service shall serve as a probationer for at least twelve months and shall during the first six months be entitled to a salary at the rate of

fifty pounds per annum but thereafter Avhile he remains in such class

he may on the recommendation of the Board and provided he pass at

least the Junior University Examination if he has not already done so	or given proof of his possessing educational attainments not inferior
thereto shall be entitled to receive an addition to such salary at the rate of twenty-five pounds per annum as a reward of special merit.

22. No person in the Probationary Class shall be eligible for

promotion to a higher class until he shall have passed the prescribed examination or given the prescribed proof and any vacancy occurring in the Sixth Class shall be filled by selection of the probationer who shall have passed such examination with the highest number of marks.

23. Every candidate for the Junior Class of the Professional

Division shall produce a certificate of having passed the Junior
University Examination or shall satisfy the Board that he possesses attainments equivalent thereto and if admitted shall remain in such

class for the prescribed period and remuneration.

21. No Cadet in such Junior Class shall he eligible for promotion

to the Fourth Class until he shall have passed an examination prescribed
by the Board and suited to the Department in which he desires to be
employed.

25. The Heads of Departments as aforesaid in respect of officers

employed under their immediate directions and the Heads of Depart­ ments being divisions of Public Departments shall transmit to the

Board annually a return showing the number of officers in their
departments and also of persons temporarily employed therein and the salaries received by them respectively and shall report on their efficiency and character and shall specify all periods of absence and the causes

thereof and such returns shall be reserved as a permanent record for
reference in considering claims for promotion.

20. In the General and Professional Divisions every appoint­ ment to the lowest class shall be made from the Probationary or Junior

Class or from persons who shall have been temporarily employed

in the Service Provided that in such latter case the person to be appointed shall have been so employed for at least twelve months and shall satisfy the Board that he possesses the prescribed qualifications.

27. When a vacancy shall occur in any class other than the Probationary or Junior Class the superior officer of the Department in which such vacancy occurs shall transmit to the Board through the Head of the Department a report in writing and may recommend any officer in such department competent in his opinion to fulfil the duties of the vacant office and the Head of the Department may in

like manner make a report and recommendation and the Board shall

report to the Minister the name of such officer and of any other in the same or any other department either in the same class as the

vacancy or in the class immediately below it who in the opinion of
the Board arc qualified to fill such vacancy and in such reports the respective lengths of service degree of competency and attainments of such officers shall be specified and if it be expedient to fill up such

vacancy the Governor may on the recommendation of the Minister
promote the officer thus reported as best qualified to fill the vacancy giving preference to an officer of the same Department i f equally fit and the officer thus promoted if from a lower class shall enter tin; superior class at the minimum salary of such class But the salary of any officer who shall be promoted to fill a vacancy in the same class shall not by reason of such promotion be increased but shall remain

subject to the ordinary rate of increment in the class.

28. In any special case it the Minister shall deem it expedient

to secure the services of some person who is not in the Service but who is specially qualified by professional or special attainments or

experience the Governor on a recommendation under the Minister's

hand specifying the grounds thereof and the reasons for dispensing

with examination or probationary service may appoint such person	without either examination or probation And the Board shall in
its annual report specify all such appointments and reasons.
29. When any new office shall be created there shall be placed on the estimates the salary proposed to be paid to the holder of such
office and such salary as may be voted shall fix the class of such officer
who shall thereupon be entitled to receive the same together with the annual increment of such class Provided that until such vote be taken he shall be entitled to the salary thus placed on the Estimates.
30. When any vacancy shall occur the Board shall take into consideration whether the vacant office shall be continued in the (dass determined by the salary of the late occupant and if the Board shall consider that the officer had been assigned a higher class owing to his long service or otherwise than was properly assignable to the work to be performed they shall report the vacancy as one in a lower
class and such power of alteration of classification when a vacancy occurs may be made by the Governor on the express recommendation
of the Minister.

31. I n any Public Department persons may be temporarily

employed by the Minister but no such person shall be qualified for admission to the Service by reason of such temporary employment until he shall have passed the prescribed examination and such tem­ porary employment shall cease at or before the expiration of two years.

P A R T I I I .

D I S M I S S A L — P E N A L T I E S .

32. I f in the opinion of the Minister or of any officer by him duly authorized to investigate any matters or accounts any officer shall have committed any act which appears to him to justify sus­ pension such officer may be immediately suspended from his office pending a report and another officer may be temporarily appointed to perform his duties Provided that in the event of such suspension

not being made by the Minister the officer making such suspension

shall immediately lay before the Minister a report stating his reasons for such suspension and the Minister may either confirm the same or restore such officer to his office.

33. I f the Minister order or confirm the suspension of any officer

he shall report the same to the Governor who after calling on the officer to show cause or make explanation may remove such suspension or according to the nature of the offence dismiss such officer from

the Service or reduce him to a lower class therein or to a lower salary

within his class or deprive him of such future annual increase as he Avould otherwise have been entitled to receive or of any part thereof during any specified time or punish him by a fine not exceeding fifty pounds Provided always that the Governor before deciding thereon

may direct the Board or may appoint one or more persons to enquire into the matter and the Board or such persons shall have authority to receive evidence and to summon and examine witnesses on oath

which they are hereby authorized to administer and shall transmit

their report with such evidence to the Minister to be laid before the

Governor for final decision.

34. "When any officer is negligent or careless in the discharge

of his duties if the Head of the Department shall be of opinion that the

report the same to the Minister who may in such case after due enquiry	offence is not of so serious a nature as to justify suspension he may
order a sum not exceeding ten pounds to be deducted by way of fine from the salary of such officer.

35. I f any officer be convicted of any feiony or other infamous

offence he shall be summarily dismissed and if he become bankrupt or apply to take the benefit of any Act noAv or hereafter in force for

the relief of insolvent debtors or make an assignment for the benefit
of his creditors he shall be deemed to have forfeited his office

Provided however that if such officer prove to the satisfaction of the Governor that his pecuniary embarrassment has not been caused or attended by any fraud extravagance or dishonorable conduct the Governor may retain or reinstate such officer.

36. The Colonial Treasurer on receiving due notice of any fine

imposed under the authority of this Act shall deduct the amount
thereof from the next payment of salary to the officer unless the

minute of the Governor or Minister imposing such fine shall have specified other terms for the payment thereof And all such fines shall

be credited to the Civil Service Superannuation Account.

37. I f any officer is repor ted to have been gu i l ty of dis­ honorable conduc t or to be addicted to excessive use of in toxicants or s tupefying drugs t h e Board shall invest igate t h e m a t t e r and if t he repor t is in the opinion of t h e Board well founded t h e Governor m a y u p o n the recommenda t ion of the Minis te r line suspend or dismiss such officer.

38 . I f t he suspension of any officer be confirmed by t h e Governor and such officer be dismissed from t h e Service he shal l n o t be ent i t led to any salary or o ther emo lumen t of office du r ing the t i m e of such suspension bu t if sufficient grounds for considerat ion be shown the Governor may author ize an a m o u n t to be paid to h i m or his family not exceeding one-half of such salary and emolumen t s as wou ld otherwise have been payable to h im.

P A R T I V .

L E A V E OP A B S E N C E — H O L I D A Y S .

39. E v e r y officer shall be ent i t led wi thout d iminut ion of salary

to leave of absence for th ree weeks in each year a t such t ime as the Minis ter m a y on t h e recommendat ion of the H e a d of the D e p a r t m e n t deem convenien t b u t if any officer shall no t t ake such leave in any year he shal l be ent i t led to i t in any subsequent year in addi t ion to t h e leave for such year b u t no such accumula ted leave shal l exceed two mon ths a n d in cases of illness or o ther pressing necessity the Governor on recommenda t ion of t he Minis te r m a y g ran t leave of absence not exceeding th ree m o n t h s on full or any less salary as m a y be deemed fit and may renew such leave on the same or other t e rms B u t in all cases of illness t he request for leave or for renewal thereof shall be accompanied by a medical certificate to t he satisfaction of t h e Minis ter a n d in cases of pressing necessity t he c i rcumstances m u s t be s tated to

t he Minis te r in wr i t ing and if such leave shall ex tend to one m o n t h

such officer shal l forfeit his r igh t to his n e x t ordinary a n n u a l leave

or a n y port ion thereof as above provident Provided always t h a t in t he

case of officers of Pa r l i amen t leave of absence b o t h as to frequency and dura t ion shal l be in t h e discretion of t h e Pres ident and the Speaker as t h e case m a y be.

40. The Governor may g r a n t to any officer of t w e n t y years

service leave of absence no t exceeding twelve months on half salary or six m o n t h s on full salary or of t en years service for any t ime not exceeding six m o n t h s on half salary or th ree m o n t h s on full salary or in case of pressing necessi ty m a y g r a n t leave of absence to a n y officer b u t such las t -ment ioned leave m a y be deducted from the leave herein­ before provided.

4 1 . Al l holidays under the " B a n k Hol idays Ac t of 1 8 7 5 " shal l

be observed as holidays in the Publ ic Offices and any other day pro­ claimed by t h e Governor as a Pub l ic Hol iday Provided t h a t any Minis ter may require a n y d e p a r t m e n t to be kept open in the publ ic in teres t for t h e whole or any port ion of such holiday and may requi re the a t t endance of any officers of such d e p a r t m e n t du r ing such t ime but such officers shall be ent i t led to a day 's hol iday in l ieu thereof.

P A R T

P A R T V.

A L L O W A N C E S — G R A T U I T I E S .

42. F o r the purposes of th is P a r t teachers in t he Educa t iona l

Division shall he deemed to he officers.

4 3 . A n y officer shall a t a n y t ime after hav ing a t ta ined the

age of s ixty years he ent i t led to re t i re f rom t h e service upon t h e

superannua t ion a l lowance hereinaf ter provided subject however to his not hav ing or being ent i t led to a n y pension in excess thereof unde r t h e fifty-second section of t he Const i tu t ion A c t B u t if such o ther

pension or a l lowance shall he less t h a n t h e a l lowance to which h e

would otherwise have been ent i t led unde r th i s A c t t h e n he shall in addi t ion the re to he ent i t led to t he difference be tween such pension and

such superannua t ion al lowance.

44. W h e n any officer owing to infirmity of m i n d or body desires to re t i re from the service b u t has not a t ta ined t h e age of s ix ty years if he produce medical evidence satisfactory to t h e Board t h a t he is by reason of such infirmity incapable of d ischarging the duties of his office and tha t such infirmity is l ikely to be p e r m a n e n t t h e Governor m a y

pe rmi t such officer	to re t i re upon the supe rannua t ion a l lowance herein­
after provided	Provided t h a t the Board may requ i re h i m to be

examined by the Governmen t Medica l Adviser .

45. W h e n any officer is repor ted unfit to perform his dut ies by reason of a n y infirmity of mind or body t h e Governor may appoint t h ree medical officers to examine and repor t upon his condit ion and m a y also direct t he head of t h e D e p a r t m e n t to repor t on t he m a n n e r in which his dut ies have been performed and if on such reports i t shall appea r to t he Governor to be for t h e publ ic in teres t h e m a y order t h a t such officer shall ret i re upon the superannua t ion al lowance hereinaf ter provided.
40. W h e n the services of any officer arc dispensed wi th in con­ sequence of t he aboli t ion of his office and no o ther office can be offered to h im a t t h e same salary as hereinbefore provided or a t a salary of no t less t h a n five-sixths of t he same h e shall be ent i t led to r e t i r e upon

t h e superannua t ion al lowance hereinafter	provided.
47 . If t h e hea l th of any officer superannua ted by reason of infirmity of body or of m i n d become so restored as to enable h i m to perform his dut ies the Governor m a y requi re h i m to r e sume such dut ies or any o ther duties for which lie is qualified at his former salary and if he decline to under take t h e same such officer shall forfeit his	r i g h t to his supe rannua t ion al lowance and if he r e sume his dut ies such
al lowance shal l be discont inued B u t in t h e event of a recurrence; of
his infirmity he shall be ent i t led to his supe rannua t ion al lowance toge ther wi th any prescribed increase to which he would be ent i t led from addi t ional l eng th of service.

48. The following shall he t h e scale of superannua t ion allow­

ances payable u n d e r th is A c t v iz .—

To any officer who shall have served fifteen years a superannua t ion a l lowance equa l to one-four th of his a n n u a l salary w i t h an addi t ion of one-s ixt ie th par t of such salary for each addi t ional year of service b u t in no case shal l such supe rannua t ion

al lowance exceed two- th i rds of h is a n n u a l salary

And such superannua t ion al lowance shall he computed upon the average annua l a m o u n t of salary or emolumen t s o ther t h a n forage equ ipmen t

or t r ave l l ing al lowance received by such officer dur ing t h e preceding

th ree years .

49. I n t he case of any officer not ent i t led to a supe rannua t ion

a l lowance whose services m a y be dispensed wi th t h r o u g h no fault of his own or who may he compelled t h r o u g h infirmity of body or

of

of m i n d to leave t he Service such infirmity be ing duly certified by medical au thor i ty to t he satisfaction of t he Min is te r as l ikely to be

p e r m a n e n t the Governor m a y g ran t such gra tu i ty as he may	t h i n k	fit
no t exceeding in any case t h e a m o u n t of one mon th ' s pay a t	h is	t hen
r a t e of salary for each year of service.

50. I f any officer shall receive in t he discharge of his publ ic du ty and wi thou t his own faul t such bodily in jury as shall incapaci ta te h im from the fur ther discharge of his duties and be t h u s compelled to re t i re from the Service t he Governor m a y g ran t to such officer a g ra tu i ty no t exceeding two m o n t h s ' pay a t his t h e n ra te of salary for

each year of service Provided t h a t t h e a m o u n t shall in no case be

less t h a n six m o n t h s of such salary A n d if such officer shall die from suchbodi ly in jury before such g ra tu i ty shall have been paid t he Governor m a y pay t h e same to the widow or children or fail ing such to t he mo the r of t he deceased.

5 1 .      I f any officer die leaving a widow or any chi ldren under

sixteen years of age in necessitous c i rcumstances t he Governor may on inqu i ry in to t he case g r a n t ou t of t he Supe rannua t ion Accoun t to

such widow or chi ldren a g ra tu i ty no t exceeding six m o n t h s ' salary

wh ich such officer shal l have been receiving a t t he t ime of his death .

52. N o officer shall receive or be ent i t led to any superannuat ion

al lowance or g ra tu i ty in respect of so m u c h of his salary or emolu­ men t s of office as is in excess of one thousand pounds per a n n u m in t h e Genera l or of twelve h u n d r e d pounds in t h e Professional Division and no officer shall be liable to cont r ibu te towards t he Superannua t ion A c c o u n t in respect of any salary in excess thereof.

P A R T V I .

C I V I L S E R V I C E S U P E R A N N U A T I O N A C C O U N T — M I S C E L L A N E O U S .

53 . For t h e purpose of ca r ry ing out the provisions of this A c t

t h e r e shall be t ransfer red to the credit of an account to be called t h e

Civil Sea-vice Superannua t ion Accoun t from the Consolidated R e v e n u e F u n d every year for a period of five years a sum of twen ty thousand pounds and a deduct ion shall be made from each p a y m e n t of t he salary of every officer in t h e Service except as hereinaf ter provided a t t h e a n n u a l ra te of four per cent , commenc ing wi th t h e year one thousand e igh t h u n d r e d and eighty-five and the a m o u n t of such deduct ion shall

be carried to t he credit of such Account A n d the a n n u a l sum of th ree

thousand five h u n d r e d pounds payable unde r t h e fifty-second

of t he Imper i a l Act e igh teen th and n ine teen th Victoria cap. fifty-four section

from the Consolidated R e v e n u e Fund for pensions to superannua ted officers shal l hereafter be payable to t he credit of the Civil Service Supe rannua t i on Accoun t subject however to the; claims of such officers as are or m a y become entit led to be; paid Pensions out of such sum.

54. On the th i r t ie th day of J u n e and thir ty-f irs t day of

December in each year the Supe rannua t ion Accoun t shall be credited wi th in teres t a t t he ra te of four per cent, per a n n u m such interes t shall be added to t h e pr incipal amoun t on these dates respectively and a t t h e expi ry of th ree years an ac tuar ia l invest igat ion shall be made as to t h e s ta te and sufficiency of the Superannua t ion Accoun t and if on t he repor t of such invest igat ion t h e Governor shall be satisfied t h a t t he said Accoun t does no t require an annua l cont r ibut ion of four per c e n t u m on t h e officers' salaries such cont r ibut ion m a y be reduced for t h e ensu ing period of th ree years to such ra te as m a y be deemed exped ien t and thereafter a t t he expiry of each successive th ree years a s imilar invest igat ion shall be m a d e and the Governor m a y in l ike

m a n n e r fix wi th in t h e said l imi t of four per cent, such cont r ibut ion

Q for

for t he ensu ing th ree years Provided t h a t if on any such t r iennia l

invest igat ion the contr ibut ions a t the ra te of four per cent , toge ther

w i t h t h e a m o u n t cont r ibuted from the Consolidated R e v e n u e shal l appear to he insufficient for t he ma in t enance of t h e scale of super­ a n n u a t i o n al lowances and gratui t ies hereinbefore provided t h e n the

Governor may by proc lamat ion in the Gazette m a k e a pro rata

reduct ion in all such supe rannua t ion al lowances and gra tu i t ies and such reduc t ion shall apply to t he fu tu re paymen t s of such as shall have been al ready granted as well as those which m a y in future be granted .

55. A n y officer in t h e Service who held any office a t t he com­

m e n c e m e n t of this A c t except as hereinafter provided shall no twi th ­

s tand ing his no t hav ing con t r ibu ted du r ing his pas t service to t h e

superannua t ion account be ent i t led to t he superannua t ion allowances

and gratui t ies here in provided subject to such an a n n u a l aba temen t from such pension as on t h e certificate of t h e ac tuar ies appoin ted unde r th i s A c t shall he t he equiva lent of four per c e n t u m on the to ta l salary received by such officer dur ing his t e r m of office prior to t h e passing of th is A c t Provided always t h a t it shal l be competen t for any such officer to pay u p in one s u m or b y ins ta lments ex tend ing over th ree years a sum equiva lent to four per c e n t u m on his past salaries and on such p a y m e n t he shall be ent i t led to t he full pension

w h e n otherwise enti t led there to .

56. A n y officer who held any office in t he Service prior to the

passing of t he Const i tu t ion A c t m a y elect a t a n y t ime wi th in three

mon ths after t he passing of th is A c t to be exempt from	contr ibut ion
to and par t ic ipat ion in t he privileges of t he superannua t ion	allowances

and gra tu i t ies unde r this Ac t and to res t solely on his r igh t s and privileges u n d e r t he fifty-second section and Schedule B of t he Con­ s t i tu t ion A c t or to come unde r t he contr ibut ions superannua t ion allow­ ances a n d gra tui t ies of th is A c t and in such la t ter case in t h e event of t he re be ing a vacancy for h i m on the Const i tu t ion A c t F u n d when he

so desires to re t i re he m a y re t i re thereon b u t no	deduct ion shall be
m a d e for his non -paymen t of t h e cont r ibut ion of four	per cent , prior

to t he commencemen t of this A c t in respect of such superannua t ion b u t if the re be no vacancy or i t be insufficient and he re t i re in whole or in par t upon the superannua t ion unde r this A c t t he a b a t e m e n t hereinbefore provided or propor t ion thereof shall be made from such

superannua t ion al lowance unde r th i s Act .

57. A n y person in t h e p e r m a n e n t e m p l o y m e n t of t he Govern­

m e n t who shall be r e m u n e r a t e d for his services b y daily weekly or

m o n t h l y wages or	otherwise shal l on appl icat ion in wr i t ing	addressed
to	t h e Treasurer be	admi t t ed as a cont r ibu tor to t he	Superannua t ion

Accoun t and shall the reupon be liable to t h e same r a t e of deduct ion from his pay as is provided in respect of t h e officers and shall be ent i t led to par t ic ipate in l ike m a n n e r in all t h e benefits of t h e super­

a n n u a t i o n allowances and gratui t ies .

58. The Governor m a y from t ime to t ime m a k e and publ i sh in

the Gazette Regula t ions for t he m a n n e r in which members of t he

Civil Service Board shall re t i re and for t h e t ransac t ion of business by such Board and also concerning the dut ies to be performed and t h e hou r s to be observed by officers of t he Service a n d t h e discipline to be observed in t h e performance of such duties and also general ly for t he car ry ing ou t of t he provisions of th i s A c t and m a y affix to breaches of such Regu la t ions according to the n a t u r e of t he offence t h e penal t ies

here in provided.
59. N o officer shall be deemed to be ent i t led to any compensa­

t ion by reason of any reduct ion of his salary or for any a l tera t ion of t he l imits of salary of his class as hereinbefore provided or by reason of any a l te ra t ion in t he scale of al lowances or gratui t ies which may be made by any A c t amend ing th is A c t or by t h e Regula t ions herein

provided for. 6O.

60. N o t h i n g herein contained shall be t aken to prevent the Governor from recommending to Pa r l i amen t any addi t ion to any re t i r ing al lowance or g ra tu i ty in consideration of any special services rendered by any officer.

6 1 . Al l notices of appoin tments re t i rements and removals of

officers under th is A c t shall be inserted in t he Gazette and every such not ice shall be deemed and t aken to be conclusive evidence of every

such appo in tmen t r e t i r ement or removal respectively.

62. The Board shall annua l ly submi t to t he Governor a Report

of i ts proceedings and of the na tu r e and ex ten t of t h e dut ies performed

in each D e p a r t m e n t of t he Publ ic Service by the persons employed there in and shall s tate whe the r in t he opinion of t he Board more persons (and if so how m a n y more) are employed in any D e p a r t m e n t t h a n t h e exigencies of the Service reasonably require which shall be laid before Pa r l i amen t and such report shall inc lude a s t a t emen t of the

Supe rannua t ion Accoun t	A n d	no	reduct ions in any of t he contr ibu­
t ions unde r th i s Ac t	shall be m a d e un t i l t h i r ty days after	t h e	actuarial

repor t recommending same shall be laid before Pa r l i amen t .

63 . The Governor m a y appoint one or more qualified persons

as actuar ies unde r th i s Act .

64. The Colonial Secretary shall be en t rus ted wi th t h e adminis­ t ra t ion of th is Ac t except where duties are prescribed to any other Minis ter .