Public Service Act 1900 (WA)

&Austria itztratta.

ANNO SEXAGESIMO QUARTO

VICTORIA: REGINA:.

********** **********	**MI:n*40 .1*** ********************
No. XXI.

AN ACT relatinu' to the Public Service.

[Assented to, December, 1900.]

Legislative Assembly of Western Australia, in this present Parliament with the advice awl consent of the Legislative Council and assembled, and by the authority of the same, as follows:- BE it enacted by the Queen's Most Excellent Majesty, by and

1. THIS Act may be cited as the Public Service Act, 1900. Short title.

2.      THIS Act shall commence on a day to be fixed by procla- Commencement of

"nation, except as to the powers of making regulations, which shall Act,

commence immediately this Act is assented to.

3. THIS Act shall be divided into six parts, namely Parts of Act.

PART I.—PRELIMINARY :

PART IL—THE PUBLIC SERVICE:

PART Ill.—APPOINTMENT OF PUBLIC SERVANTS:

PART IV.—DUTIES AND PRIVILEGES OF PUBLIC SERVANTS:

PART V.—REMOVALS OF PUBLIC SERVANTS:

PART VI.—MISCELLANEOUS.

64° VICTORIZE, No. 21.

Public Service.

PART I.—PRELIMINARY.

4.      IN this Act, except where some other meaning is clearly

Interpretation. intended-

" Public Service " means the Public Service of Western

Australia as defined by section seven:

" Minister " means the Minister of the Crown controlling the

Department :

" Head of Department" means the public servant under the

Minister in chief control of the Department:

" Department " means a department of the Public Service

constituted pursuant to this Act :

" Division " means a division of the Public Service similarly

constituted:

" Gazetted " means published in the Government Gazette :

"Regulations " means Public Service regulations:

" Prescribed " means prescribed by this Act or regulations.

Exemptions 5. NOTHING in this Act shall apply to

The Governor :

Ministers of the Crown:

Judges of the Supreme Court:

The Agent General:

The Auditor General :

The Chief Clerk of the Legislative Council and of the

Legislative Assembly respectively :

Honorary Officers:

Members of the Naval and Military Forces other than the

Permanent Staff :

Government School Teachers :

Railway Servants whose appointment is in the power of

the Commissioner of Railways under authority delegated

to him by the Governor:

(k.) Members of the Police Force, except the Commissioner

and Inspectors of Police :

(1.) Any other class of officers excepted by the Governor.

Not to operate as	6.	NOTHING in this Act shall operate as an appropriation
appropriation of

revenue. of revenue.

64° VICTORI1E, No. 21.

Public Service.

PART II.—THE PUBLIC SERVICE.

7. THE Public Service includes all persons employed in the Public Service.

Public Service of Her Majesty, with the exception of persons employed at a daily or weekly rate of wages, or whose appointment is expressed to be temporary, or who, not being in the Professional or Clerical Division, are not continuously employed for at least one year.

8. THE Public Service consists of— Public Service.

(a.) Divisions :

(b.) Departments.

9. THE divisions of the Service are three, as follows:— Divisions of Public

(i.) The Professional Division, including all public servants service.

whose duties require special skill or technical knowledge :

(2.) The Clerical Division, including all public servants whose

duties chiefly require clerical skill:

(3.) The Non-Clerical Division, including all other public

servants.

10. A DEPARTMENT is constituted of each branch of the Departments.

Service, being the office of a Minister or communicating directly therewith.

11. THE Governor shall decide the constitution of all divisions Governor to decide

and departments.

divisions and de-

partments.

12. THE Governor may transfer any department to or from Transfer ransfer of Depart -

the control of any Minister. ments.

13. THE Governor shall, according to the work of each depart-

ment, annually determine— Work determined.

(a.) The number of public servants required for the

efficient working of each department ; and

(b.) The work to be done and the pay to be received by

each.

14. NO public servant whose pay is once determined by the

Governor and approved by Parliament shall afterwards whilst s8t6actilLifY of official ,

doing the same work, suffer any loss or reduction of pay, except as

follows :-

(a.) On abolition of office ; or

(b.) On removal; or

(c.) By reduction by Parliamentary vote of the amount

proposed on the annual Estimates ; or

64° VICTORIX, No. 21.

Public Service.

(d.) On reduction affecting generally the Public Service recommended by the Governor and accepted by Parlia- ment.

15.     PUBLIC servants may be transferred from one office to

Transfer from one another ; and in case of abolition of any office the Governor, in lieu

office to another.

of dispensing altogether with the services of the last holder, may

appoint him to some other office.

EVERY head of a department shall furnish to the Minister once in each year, and at such other times as the Minister may direct, confidential reports upon the conduct and efficiency of every public servant employed in his department.

Departmental confi- 16.

dential reports.

PART III.—APPOINTMENT OF PUBLIC SERVANTS.

Appointments. the Governor, or by the Minister under authority delegated to him 17. ALI., appointments to the Public Service shall be made by

by the Governor.

18.  VACANCIES in the Public Service shall, so far as practic-

Appointment to

vacancies.

able, be filled by the appointment of some public servant in the

division and department in which the vacancy occurs.

19.      IF some public servant in another division or department

Annointmeu to to

vacancies.

has a greater claim to be appointed to the vacant office, he may be

appointed to such office.

In comparing claims, regard shall be had to the relative seniority of the applicants and their qualifications for the vacancy.

If there is no qualified public servant willing to fill the vacancy, some person not in the Public Service may be appointed.

20.

NO person shall be eligible for appointment to other than the Non-Clerical Division unless he shall have attained the age of sixteen years, nor unless he shall have passed the prescribed ex- aminations.

Age of appointment

PART IV.—DUTIES AND PRIVILEGES OF PUBLIC SERVANTS.

21. EVERY public servant shall faithfully, capably, and

Da tics.

diligently discharge his duties, and shall observe the Public Service

Regulations.

Fees or remunera-22. NO fee, reward, or remuneration of any kind whatsoever,

tion not to be re- beyond his official emoluments, shall be received for his private use ceived. by any public servant for any service rendered in the course of or in

connection with his employment, nor shall any public servant accept

64° VICTORIIE, No, 21.

Public Service.

any paid employment from any employer other than the Govern- ment, without the consent in writing of the Minister controlling his department.

23. NO address or testimonial shall be accepted by any public Addresses and testi-

servant, in respect of his official duties, without the sanction in	monials.
writing of the Minister of his department.

24. NO official information out of the strict course of official Information not to

duty shall be given, directly or indirectly, by any public servant,	be given.
without the express direction or permission of a Minister.

25. NO public servant shall make any communication, directly Communicationsnot

or indirectly, to the press upon any matter affecting the department	to be made to the
in which he serves, or the business or the officers thereof, or relating	Public P1`029.
to the Public Service, or his own official position or acts, or upon any political subject or question connected with Western Australia, without the express permission or authority of a Minister.

26. PUBLIC servants are expressly forbidden from taking Political affairs.

part in any political affairs, otherwise than by the exercise of the franchise. Any public servant who uses for political purposes information gained by him in the course of duty shall be summarily dismissed.

27. NO payment for overtime shall be allowed to public No overtime in cer-

servants in receipt of annual pay, except by the special approval of

tain case.

the Governor ; and in such cases where overtime is given and not

paid for, such overtime shall be duly recorded.

28. PUBLIC servants shall be entitled to annual leave of Leave of absence.

absence as under:— Annual leave.

(a.) For recreation for two weeks on full pay:

(b.) The time for taking annual leave shall in each case be

approved by the Minister, and the Minister may, for sickness or special necessity, grant extended leave, not exceeding two months, on any terms thought fit:

(c.) With the written consent of the Minister, in each year annual leave for recreation may, when the convenience of the department is served thereby, be allowed to accumulate for not exceeding six weeks altogether.

29. PUBLIC servants shall be entitled to long service leave as Long service leave.

under :—

(a.) For six years' continuous service, except during annual leave of absence, three months on full pay and three months on half pay:

64" VICTORIIE, No. 21.

Public Service.

(b.) The time for taking long service leave shall, in each case, be approved by the Governor, and the Governor may, for sickness or special necessity, grant extended long service leave on such terms as may be thought fit.

Holidays. 30. THE following days shall be Public Service Holidays

throughout the Service :-

(a.) New Year's Day.

Good Friday.

Easter Eve.

Easter Monday.

Christmas Day.

The 26th day of December.

(b.) The Birthday of the Sovereign.

Coronation Day.

The Prince of Wales' Birthday.

The Anniversary of the Foundation of the Colony (1st

day of June).

The Anniversary of the Settlement of Australia (26th

day of January).

Proclamation Day (21st day of October).

(c.) Also all days which the Governor may appoint, and which

shall be gazetted as Public Holidays.

Whenever any of the holidays mentioned in sub-section (h) fall upon a day other than a Monday, the following Monday shall be a holiday instead of such day.

Attendance on Pub- 31. THE services of any public servants may be required by

lic Holiday.

the Minister on any Public Service holiday, but in such case such

public servants shall be allowed another holiday in lieu thereof.

Absent officers'	32. THE duties of any absent public servant shall be performed
duties, how per-

formed. without additional pay by the other public servants of the depart- ment, or, should this be impracticable, then in such manner as the Minister may direct.

PART V.—REMOVALS OF PUBLIC SERVANTS.

Charges against 33. WHEN any public servant is reported as guilty of--

officers. (a.) Conduct rendering him unfit to remain in the Service ; or (b.) Breach or non-observance of this Act or any regulation ; or (c.) Want of fidelity, capacity, or diligence in the discharge of

his duties :

he may be suspended by the Minister, and shall thereupon be

furnished with a written copy of the charge.

64" VICTORI/E, No. 21:

Public Service.

34. IF any suspended public servant shall deny the truth of

such charge, and demand, in writing, an inquiry, the Governor shall p iennbilainca siert may

(miry.

appoint a board to inquire as to the truth of such charge, and such board shall have authority to hear, receive, and examine evidence, and shall, after fully hearing the case, report to the Governor thereon. There may be paid to any member of the board, in addition to all expenses necessarily incurred, such reasonable remuneration as the Governor approves.

35. AFTER the receipt of the report, or if the suspended roceedines by tie

public servant shall not have demanded an inquiry, then at any time	governor.'
the Governor may—

(a.) Cancel the suspension and restore the public servant to his

office ; or

(b.) Remove him from the service ; or

(c.) Reduce him to a lower position or pay ; or

(d.) Deprive him, for such time as may be thought fit, of any of

the privileges of a public servant.

36. UN LESS it shall be otherwise specially ordered by the Payment of salaries

Governor after suspension.

(a.) H any public servant be suspended pending. any inquiry

into any charge against him, and he be afterwards removed from the service, he shall receive no pay from the date of his suspension:

(b.) If he be reduced, the reduced rate of pay shall take effect

from the date of his suspension :

(c.) If he be restored, he shall receive arrears of pay in full

from the date of his suspension.

37. IF any public servant be convicted of felony, or of mis- Forfeiture of office

demeanour punishable by statute by imprisonment for twelve months in certain eases.

or more, or be adjudicated bankrupt or insolvent, or take the benefit

of any law for the relief of insolvent debtors, he shall forfeit his

office.

38. WHEN any such public servant has forfeited his office by

Insolvent officer may

reason of pecuniary embarrassment, if he prove to the satisfaction of

be reinstated in the

the Governor that such embarrassment has not been caused or

absence of fraud.

attended by any fraud or dishonourable conduct on Ins part, the

Governor may restore him, to his former position.

39. liFIE Governor may require any public servant who has Incapacitated

attained the age of sixty years, or who has become incapacitated

officers.

for the efficient performance of his duties, to resign his office, and in

event of non-compliance May remove him.

64° VICTORIX, No. 21.

Public Service.

ALI., officers who have been continuously employed for a period of two years, and whose services it is not intended to dispense with at an early date, shall, for all the purposes of this Act, be treated as permanent officers.

40.

Permanent officers

PART VI.—MISCELLANEOUS.

41.     PUBLIC Service regulations may be made by the

Regulations. Governor

For prescribing the examinations to be passed by persons

desiring to enter the Public Service:

IL For the definition of the duties of public servants and securing the discharge of such duties, and the observance of proper discipline and the hours of attendance :

For prescribing the allowances to public servants travelling

on duty :

For giving effect to any provision or purpose of this Act:

v. For the classification of the Public Service.

Regulations to be 42.

NO Public Service regulation made by the Governor shall before both Houses of Parliament, within fourteen days after the making thereof if Parliament be then sitting, or if not, then within fourteen days after the commencement of the next Session of Parliament.

laid before Perlin.	be of any force until gazetted, and all such regulations shall be laid
ment.

Notices to be 43.

ALL notices of appointments, retirements, removals, and dismissals shall be gazetted, and the Gazette notice shall be deemed and taken to be conclusive evidence of every such appointment, retirement, removal, or dismissal, and of the validity thereof.

gazetted.

44.       EVERY public servant shall be entitled, free of charge, to

Aetd . an Regulationsandd also to a copy of the report of any Board which has investigated nitbittlinnotpsy of one copy of this Act and of all regulations affecting his department,

any charge made against him.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority : Mensal PEMER, Government Printer, Perth.