Public Service Act 1902 (NSW)
| Act No. 31, 1902. | 169 |
Tuhlic Service.
Act No. 31, 1902.
| An Act to consolidate enactm ents relating to p. .uk̂ rvick | . |
tlie better regulation of the Public Service.
[16̂ //. Aucfust, 1902.]
"T^E it enacted by the King’s Most Excellent jMajesty, by and Avitb
J the advice and consent of tlie Legislative Council and Legislative Assembly of New South "Wales in Parliament asseml)led, and by tlie autliority of the same, as follows :—
1
PAKT I.
P relimixauy.
| 1. This Act may be cited as the | Public Service Act, 1 9 0 2 ,” siiuri title. |
:ind is divided into Parts, as follows :—
PART T.—PjlELTiMINATlY—SS. 1-G.
| PART | II .—AnM INISTK ATIO N | OF | THE | PlJULlC | SE R V IC E.— SS. |
7-09.
| PAPtT I I I . — | P ensions, | Gratuities, & c . ~ s s . 70-77. |
2. The Acts mentioned in the Schedule to this Act are, to the Repeal,
extent lliercin expressed, hereby rt'pealcd.
3. (i) The members of the Public Service Board and all officers Existing oinecrs.
and persons appointed permanently or temporarily under or by virtue of any Act hereby repealed, and holding office at the commencement of this Act, shall remain in office as if this Act had been in force at the time they were appointed, and they had been appointed hereunder, and this Act shall apply to them accordingly.
| (2) | All rules, regulations, proclamations, and notifications Existing mies, Ac. |
made or published under any Act hereby repealed and being in force at the commencement of this Act, shall be deemed to have been made or publislicd hereunder, and any references in any such rules, regula tions, proclamations, or notifications to any enactments hereby repealed, shall be construed as references to the corresponding provisions of this Act.
4. In this Act, unless the context or subject-matter otherwise imerprctation.
| indicates or requires :— | Vic. No. 2-,, s. 2. |
“ Board” means the Public Service Board appointed under this
Act.
“ Married woman ” does not include a widow.
“ Minister” means the responsible Minister of tbc Crown for
the time being administering the department in Avhich the officer in connection ivith ivliom the term is used is employed.
| “ Officer” | • |
170 Act No. 31, 1902.
Public Service.
“ Officer” means and includes all persons employed in any capacity in those branches of the Public Service to which this Act applies, hut does not include officers or persons temporarily employed in terms of section forty-four and forty-five, or under any regulations made in pursuance of subsection (c) of section twenty.
“ Permanent head ” means the Under Secretary of the department in which the officer in connection with whom the term is used is employed, and includes the Auditor-General and such other officer as the Governor shall rank or class as such.
“ Prescribed” means prescribed by this Act or the regulations
hereunder.
“ This Act ” means this Act and the regulations made hereunder.
Act not to apply to
| certain public | 5. Except where otherwise expressly provided herein, nothing |
oflicers.in this Act shall apply to the Judges of the Supreme Court or District
59 Vic. No. 2.'), 9.3. Courts, President and Commissioners of the Land Appeal Court, Master in equity or lunacy, or to persons appointed by the Senate of the Sydney University, wardens of colleges affiliated thereto, teachers of the Sydney Grammar School, or Crown prosecutors; or to any person appointed by the Commissioners for Eailways under the Government Railways Act, 1901, or any Act amending the same, or to any persons employed under the Military and Naval Eorces Regulation Act or the Volunteer Eorce Regulation Act of 1867 ; or to any person employed under the Police Regulation Act of 1899 ; or to any officer of either House of Parliament or persons employed in either of the departments of the Legislature under the separate control of the President or Speaker, or under their joint control; or, except for the purposes of sections six, seventeen, thirty-three, forty-six, sixty-six, sixty-seven, sixty-eight, and sixty-nine, and Part I I I hereof, to any person in the Public Service whose salary or remuneration is fixed by statute.
| Absent oflloors. | 6 . Where, in or by any Act, order in council, rule, regulation, by-law, contract, or agreement, any duty, obligation, right, or power, is imposed or conferred upon any officer in His Majesty’s Service (other than a responsible Minister of the Crown) in his capacity as such officer such duty, obligation, right, or power, may he performed or exercised by any other officer whom the Governor may have directed to perform and exercise the duties, obligations, rights, and powers of such first-mentioned officer during his temporary absence or incapacity in the same manner and to the same extent in all respects as the same might have been respectively performed or exercised by such first- mentioned officer, and everything so done under the provisions of this section shall he as good and effectual for all purposes and against all persons Avhatsoever as if done by such first-mentioned officer. |
| H id. 9. 65. |
PART
Act No. 31, 1902.
Public Service.
PART II.
Administration of the P ublic Service.
The Public Service Board.
| 7. | (1) | Por the purpose of carrying out the provisions of this Act Appointment of |
the Governor shall appoint a “ Public Service Board,” to consist of iioaia. and functions hereinafter vested in or imposed ujion the Board.
three persons, who shall he charged with the administration of this 59 vio. No. 25, ss.
(2) Each member of the Board shall be appointed for a Term of omcc.
term of seven years, and shall he eligible for reappointment.
(3) One of such persons shall he appointed Chairman of Ch.airman.
the Board.
(4) Any two members of the Board shall he a quorum, and Quorum,
snhject to the next following jirovision, shall have all the powers and
authority by this Act conferred upon the Board.
(5) If at any meeting of the Board, at which two members nifferoncesofopinion
only are present, such members differ in opinion upon any matter, the °
determination of such matter shall be postponed until all the members Board.
arc present.
(6) The Board shall keep minutes of their proceedings in Minutes of
| such manner and form as the Governor directs. | proceedings. |
(7) In case of the illness, suspension, or absence of any niness, suspension,
member of the Board, the Governor may appoint a deputy to act foT membm̂*̂
such member during his illness, suspension, or absence; and every
such deputy shall, during the time he acts as deputy, have all the
powers and authority of such member.
| (8) No action or suit shall be brought or maintained against No action or suit | , | .. | I T | ^ | 1 | against incinbors of |
Jiny person who is, or at any time has been, a member of the Board, ifoani. for any nonfeasance or misfeasance in connection ivith the duties imposed upon him by this Act, nor shall any action, suit, or other proceeding lie, nor any costs bu payable in respect of any proceeding before the Board.
(9) Each of the three persons forming the Board shall receive Salary of members
in each and every year the sum of one thousand pounds as and by way of recompense, and such several sums of one thousand pounds payable respectively to the said persons shall be a charge upon and be paid out of the Consolidated Revenue, a special appropriation from Avhich is hereby made for that purpose.
(10) The Board shall have, exercise, and perform all the powers, authority, and duties imposed upon “ the Board” by the Civil Service Act of 1884, so far as the said Act is unrepealed.
172 Act No. 31, 1902.
Public Service.
| Removal of members | 8 . | (1) A member of the Board may be suspended or removed |
| of Board. |
| 59 Vic. No. 25, s. 6. | for misbehaviour or ineompetence, as follows ;— |
(«) a member of the Board may be suspended from bis office by the Governor for misbehaviour or incompetence, but shall not be removed from office except as hereinafter provided. The Minister shall cause to be laid before Parliament a full state ment of the grounds of suspension within seven days after such suspension if Parliament be in session and actually sitting, and when Parliament is not in session or not actually sitting within seven days after the commencement of the next session or sitting;
{h) a member of the Board suspended under this section shall be restored to office unless each House of Parliament within twenty-one days from the time when such statement has been laid before it, declares by resolution that the said member ought to be removed from office, and if each House of Parlia ment within the said time does so declare, the said member shall be removed by the Governor accordingly.
| Ofiice how otherwise | (2) A member of the Board shall be deemed to have vacated |
vacate (i.
his office if he—
{o) engages in New South Wales during his term of office in any paid employment outside the duties of his office ;
{h) becomes bankrupt, compounds with his creditors, or makes an assignment of his salary for their benefit;
| (e) | absents himself from duty for a period of fourteen consecutive days, except on leave granted by the Governor, or becomes incapable of performing bis duties; |
{d) resigns his office, by writing under his hand, addressed to the
Governor.
General powers and duties o f Board.
| Boar | spcct | 9. | (1) As often as necessary to carry out the directions and |
departments, &o.
| H id . s. 8. | provisions of this Act, and ensure the establishment and continuance of a proper standard of efficiency and economy in the I’ublic Service, the Board shall, as far as practicable, personally inspect each depart ment, and investigate the character of the work performed by every officer therein, and the efficiency, economy, and general working of such department, both separately and in its relation to other departments, and may, for such purpose, examine the permanent head of such department and such other witnesses as may appear to the^oard to be necessary. |
| (2) If the Board at any time finds that a greater number of persons is employed in any department than it determines to be necessaiy for the efficient working thereof, such persons as are in |
excess
| Act No. 31, 1902. | 173 |
Ptiblio Service.
excess may (if practicable) be transfem^d to any other department wliieh, in tlie opinion of the Board, requiri's additional assistance, and if the persons so found to be in excess cannot be iisefully and profitably employed in any other department, their services shall be dispensed with subject to the provisions of section seventy-one hereof.
10. The Board, for the purpose of conducting any inquiry or Powir of Hoiud to
| investigation under this Act, shall have the same pOAvers and authoritv | ''Unessos. |
| to summon Avitnesscs and receive evidence as are eonferred upon*" Commissioners by Letters Batent by the lioyal Commissioners Evidence | |
| Act, 1901; and all the provisions of the said Act shall apply to AA'itnesses so summoned, and evidence so received and given, as completely and effectually as if such Avitnesses had been summoned, and such evidence had been reeeived or given, by virtue or under the authority of the said Act. |
11. Eor the purpose of conducting an inquiry or investigation For purpose of
under the authority of this Act outside of Sydney, at Avhich it may be aXglle^wcrs''^ ̂
| inconvenient for all the members of the Board to be present, the Board | ̂ 17 |
| may delegate any of its jiowcrs or functions to any one member of the Board, or, Avith the approval of the Governor, to any tit person or jiersons, but the decision of the case shall be determined by a majority of the Board. |
12. The Board shall furnish to the Governor for presentation to noard to report on
| Parliament at least once in each and every year a report on the condition | to Governor |
| and efficiency of the Public Service, and of its jiroceedings, and indicate | g pg. | ' |
| the changes and measures necessary in its opinion for the improA^ed | ||
| Avorking thereof, or of any department or subdivision thereof. The Board shall in such report draAV attention to any breaches or evasions of this Act Avhich may Iuia'c come under notice. |
Grading and salaries o f ojjicers.
13. The Board shall, at inten^als of not more than live years. Board to grade
commencing from the last grading made prior to the passing of this
| Act, grade the officers employed in all departments of tlie Public | 9 |
| Service to Avhom this Act applies, and classify as far as practicable the Avork performed by, or assigned to, each officer or grade of officers, such grading and classification to bo Avithin the live principal divisions spiicilied in section tAventy, and to be respeetively, according to fitness and to the character and importance of the aa ork performed by or to be assigned to each officer or grade. |
14. The Board shall from time to time determine Avhat salary, aom-d to determine
fet', or alloAvance is fairly a])propriate to the Avork to be performed by, aUowanre?pl7»Wê
or assigned to each officer or grade of olffcers, or to be performed by or to oiiiccrs.
assigned to persons temporarily employed, and the salary, fee, or alloAV-
ance so determined shall, suhjoct to the necessary provision being from time to time made therefor by Parliament, be the salary payable in
| respect of such Avork accordingly. | 15. |
Act No. 31, 1902.
Fublic Service.
| ProTisions where | 16. If at any time the Board finds that any officer employed in |
| exc% of va 1 | '̂’̂ 7 department of the Public Service is in receipt of a greater salary |
work, &c. than the maximum determined hy the Board to bo fairly appropriate 59 Vic. No. 25,8.12. to tlic work performed hy or assigned to sucli officer, such case shall
be dealt with by the Board subject to the following provisions :—
(1) If, in the opinion of the Board, such officer is fitted for or capable of performing work of a class equivalent to the amount of his salary, and such work is available in the same or another department, the Board may assign such work to such officer.
(2) If in the opinion of the Board such officer is unfitted for or incapable of performing work of a class equivalent to the amount of his salary, or if such work is not available, the Board shall reduce the salary of sucli officer to the maximum
| . | determined by the Board to be appropiate to the class of work actually performed by or assigned to him, and he shall have the option of continuing in the Service at such reduced salary, or of retiring therefrom as hereinafter provided. |
(3) If any reduction of salary under the provisions of this section is certified hy the Board to be made on the ground only* that no work equivalent to the salary previously received hy the officer affected is at the time of such reduction available, and the officer affected elects to continue in the Service at such
| . | reduced salary, such officer shall remain eligible for promotion as from the grade to which his salary before reduction was incident, notwithstanding such reduction, and shall be entitled to employment on tlie class of ivork to which his previous salary was appropriate as soon as a vacancy occurs therein in preference to any other officer of the same or a lower grade whose salary has not been reduced. |
(4) If the reduction of salary referred to in the last preceding subsection exceeds one-fourtb of the salary previously paid to the officer affected, and such officer is a contributor to the Civil Service Superannuation Account, under the provisions of the Civil Service Act of 1884, such officer shall be entitled to retire from the Service and to receive the payment and gratuity mentioned in section seventy-one, subsection (a) of this A c t; or if such officer is not a contributor to the Civil Service Superannuation Account, and he elects to retire from the Service by reason of the reduction aforesaid, he shall he entitled to receive on retirement the payment and gratuity mentioned in subsection (i) of the said section.
(5) I f any reduction of salary under the provisions of this seetion
exceeds one-fourth, and is certified by the Board to be made on
the
| Act No. 31, 1902. | 175 |
Fublic Service.
the ground that the offieer affeeted is unfitted for or ineapahle of 2̂ erforming work equivalent to tlie amount of salary previ ously reeeived hy him, and such officer is a contributor to the Civil Service Superannuation Account, under the provisions of the Civil Service Act of 188t, but is not entitled to retire under the provisions of sections forty-three or fourty-four of that Act, and such officer elects to retire from the Service hy reason of sneh reduction of salary as aforesaid, he shall l3c entitled to receive the payment and gratuity mentioned in section seventy-one, subsection («) of this A c t:
Provided that if any reduction of salary under the provisions of this seetion does not exceed one-fourth of the salary previously paid to tlie officer affected, such officer sliall not he entitled to any allowance, payment, or gratuity on resignation or retirement hy reason of such reduction, except such capital sum as he may have paid to the Civil Service Superannuation Fund, together with interest thereon at four and a half per centum.
16. If at any time any office or any particular work or division rrovisionroi-increaso
of work has become of greater importance, or the duties incident “ oX 0̂ 0^00
tliercto more onerous or extensive tlian at the date of the last general 59 vic. No. 25 s. 13.
classification, the jiermancnt head of the department may draw the
attention of the Board thereto, and the Board may thereupon, if it thinks
fit, alter the classification of sueli office or work, and determine the salary
appropriate thereto under the provisions of section fourteen, and may
assign such office or work cither to the officer previously emjiloyed
tlierein, with the necessary cliange of grade, or may treat such office
or work as vacant or new, and appoint or promote tliereto under and
subject to the provisions of this Act such officer as the Board may
think most fit and qualified therefor.
17. If any officer not entitled to qnarters is allowed to use, for Kimii, mav bo cburf,’'-'! the purpose of residence, anv buildine; helonsrin" to the Government,*? omtors rosuimg m the Governor may direct that a fair and reasonable sum as rent thereof buildings.
| he di'ducted from such officer’s salary, and the amount of such sum | s. eo. |
| shall he fixed by the Board. |
18. The Board may in the first instance exercise, provisionally Power of Hoard may only, any of the powers and authorities l)v this Act confcrri'd upon it, p|!o“*sio^
| and without regard to the times or periods fixed for the general grading | , 14 |
| and classification of the Public Service may make such alterations in sudi grading and classification either as affecting officers or departments as the Board may from time to time consider desirable. |
19. Any officer dissatisfied with any decision of the Board either AppeaU to Board in
particular or general, in regard to grade affecting him, or to the
classification of the work performed hy or assigned to him, may yj,-,;. 9. is.
forward to the Board within thirty days after such degision has been
piade
176 Act No. 31, 1902.
Public Service.
made or given a notice of appeal, setting fortli the grounds of his dissatisfaction, and the Board shall thereupon consider such appeal and the grounds thereof, and any further evidence in relation thereto which the Board may deem necessary for the proper determination of such appeal, and may allow or disallow such appeal, and the decision of the Board thereon shall he final.
Power to make regulations.
| Genenii roguiations. | 20. (1) Tlic Board may, in addition to tlie powers hereinafter |
50 Vic. No. 25,8.10, given in particular cases, make regulations fo r:—
(а) the arrangement of the Service in its prescribed divisions and the facilitation of the working thereof ; the classification of the work therein; the grading of officers; the specification and assignment of work, duties, and offices; the determination of the order and conditions of promotion; the regulation of the transference or exchange of duties, work or offices; appeals to the Board; the determination of amounts or rates of salary, wages, fee, or allowance appropriate to work, duties, or offices, or classes thereof; and the regulation of the pay ment of such salaries, wages, fees or allowances;
(б) regulating and determining the scale on which officers shall
insure their lives, and other matters in connection with the
carrying out of the provisions of section thirty-three hereof;
| (c) | regulating and determining who are fit and proper persons to he employed in temporary employment, and for causing the names of such persons desiring employment to be enrolled in a register kept for that purpose; |
(rf) regulating the hours of attendance and the conditions on Avliich leave of absence may be granted, and the duration of such leave, subject to any rights already acquired under the Civil Service Act of 1884;
regulating the performance of and payment for extra service \
| (f) | determining the dates, times, or periods of time at or within Which shall be done all acts and things directed by this Act to be done, and in respect of which no dates, times, or periods of time may be herein specifically provided; |
| (g) | regulating the amount and nature of the security to be given for the fidelity of offieers in those cases in which the Board may deem it to be necessary, and the nature and extent of any special allowances to be made to officers in respect of travelling and other necessary expenses; the increased cost of living distant parts of the State or otherwise; and |
generally
| Act No. 31, 1902. | 177 |
Fublic Service.
generally for tlie maintenance of discipline, order, economy, and efficiency in the service, and the carrying out of the objects and provisions of this A ct;
(4) determining the mode of procuring stores or other material or requisites for the Public Service, and providing for and regulating the inspection of stores, material, or requisites, aud examining and auditing the books and accounts of officers in
| - | charge of stores, materials, and requisites, and for taking stock | |
| thereof, and for investigating and examining all contracts, | ||
| ||
| ■way relating to stores, material, or requisites for the Public | ||
| Service: Provided ahvays that the Governor may determine | ||
| ||
| Service other than by public tender, and independently of regulations framed by the Board; |
| {i) facilitating and securing the better selection of suitable persons for appointment and promotion as officers belonging to the General Division employed in any department, and retaining the services of those of such persons as are found most f it; | • |
| (_/) providing for the services of those not so retained being either dispensed with or transferred to another department or branch of the Public Service as may be thought desirable; and | |
| (4) providing for the admission into the Public Service in special cases to be indicated in such regulations and upon such terms and conditions as may be therein prescribed: |
(2) The Board may affix to breaches of any regulations Penalty for breacii
under this Act, or prescribe for minor offences against discipline, a fine or penalty not exceeding fifty pounds, according to the nature aud gravity of the offence.
(3) No regulations made hereunder shall in any manner Effect of regulations,
alter or affect duties which by any Act now or hereafter to be in force
arc or may be required to be performed.
Divisions of Duhlic Service.
21. The Public Service shall for the purposes of this Act consist uivisions of Service,
| of five principal divisions, that is to say :— | 59 vie. Xo. 25, s. 21. |
| The Special Division. | . |
| The Professional Division. The Clerical Division. The Educational Division. The General Division. |
22. (1) The Special Division shall include all persons whose Special Division,
offices the Governor, by notification in the Gazette, declares to belong
to sucli division.
| M | (2) |
178 Act No. 31, 1902.
'Public Service.
(2) The Board may, whenever it appears advantageous to the Public Service so to do, certify to the Governor that it is expedient to add any office to, or to abolish any office in the Special Division, and the Governor may upon such certificate hut not otherwise, add any office to the said Special Division, or abolish any office therein.
(3) Any person appointed to or holding any office so added
to such Special Division shall thereupon be included in such division.
Professional
| Division. | 23. The Professional Division shall include all officers whose offices or duties require in the persons holding or performing them some special skill or technical knowledge, usually acquired only in some profession or occupation different from the ordinary routine of the Civil Service. |
| 50 Vic. No. 25, s. 21 |
| Clerical Division. | 24. The Clerical Division shall include all such officers as the |
| Ibid. | Board, with the approval of the Governor, from time to time directs to he included in such division. |
| Educational | 26. | The Educational Division shall include all persons in the |
| Division. |
| Ibid. | Public Service employed in the work of public instruction under'or in connection with the Department of Public Instruction. |
| General Division. | 26. The General Division shall include all persons in the Public |
| Ibid. | Service not included in the Special, Professional, Clerical, or Educational | |
|
Examination and appointment o f officers.
| Board to provide by | 27. (1) The Board shall, subject to the approval of the Governor, |
| regulation for |
| examinations. | make regulations for the competitive examination of persons desirous |
| Ibid. 8. 22. | of admission into the Public Service, which shall prescribe— |
{a) a preliminary medical examination as to the health of the
candidates;
[b) the character and standard of the examinations or tests as to acquirements and efficiency to Avhich candidates are required to submit themselves ;
| (e) | the times and places where the examinations shall he held, and the manner of holding the same ; |
{d) a maximum and minimum age of candidates ; and
(e) the fee (not exceeding ten shillings) to he paid hy candidate's.
(2) Eor the purposes of this section the Governor may, on the recommendation of the Board, appoint as many fit persons as may from time to time be required to he examiners to conduct examinations in the prescribed manner.
| Qualification for | 28. (1) No person shall he admitted to the Public S('rvice unless he is a natural born or naturalised subject of If is Majesty, and (except as hereinafter provided) unless he has successfully passed the examination prescribed. |
| Ihid. s. 23. | |
| (2) With the permission of the Governor a person not a natural born or naturalised subject of His Majesty may he so admitted. |
appointment.
| Act No. 31, 1902 | 179 |
’Public Service.
| (3) | Candidates for employment in the Geni'ral Division |
shall not he rc'quired to pass any examination other than the medical
examination.
29. Separate entrance examinations shall he held in connection Separate
with tlu' Professional, Clerical, and Educational Divisions, and shall he
designed to test the actpiirements, fitness, and aptitude of candidates Division.-̂ .
| for employment in sucli divisions rt'spectively. | 59 vie. Xo. 25, s. 24. |
30. The Board shall so arran;>'e the times and places when and Arrangement of
| where candidates are to comply with the requirements of this Act, and |."m”inat!on*.'''’ | '̂ * |
| jtresent themselves for examination, that persons living in country m d , s. 25. | |
| districts shall have reasonable facility in the district in which they reside for competing for employment or passing such examinations without the necessity of attendance in Sydney. |
31. The Board shall, fium time to time, as additions to th('i’ui>iic notice of
Public Service are required, give public notice thereof three times in a
SydiK'y daily jiaper, stating the number of appointments proposed to
| he made, tlie division, grade, and salary, and the time and place of | ‘ |
| examination, and the number of comjx'titors to be admitted to such examination. |
32. Except as hereinaftt'r provided every peivonadmitted to the .t.imissions to I’nbiio
Public Service shall, in the first instance, he admittt'd on pnihation
| only, and may he continued in such itrohation.iry position for a period | s. 27; |
| of not less than six mouths. ^V.fter the period of such probation has ('xpired, the Governor may, on the recommendation of the Board, based on inquiry and rc})ort, confirm or annul such appointment. |
33. (1) No such a])])ointment shall he confirmed until such Appointment notto
probationer has effected ivitli some life assurance company carrying on
business in New South'\\'ales an assurance on his life providing for assmanco on his uic.
the payment of a sum of money at his death, or at the age of .sixty, lOid.s.GX
whichever event first happens.
(2) Such assurance shall he continued and the amount thereof fixed and inci'cased from time lo time in accordance with regulations as herein provided in that behalf.
(3) No policy of assurance so effected shall during the time
| such person remains in tint Public Service he assignable either at hiw | • | • |
| or in equity, and the propc'rty and interest under such policy of the person assured shall during tlie time aforesaid he ivliolly exiunpt from the operation of any laivs now or hereafter to he in force relating to bankruptcy, and shall not he liable to h(‘ seized, levied upon, or sold, hy, upon, or under any legal process. | ||
| (f) IE such person is unable to assure his life, or to assure his life without a loading of five years or more being made upon his age, and in such latter case is unwilling to assure his life, he shall not tluu’ehy he dis(pialitied for appointment or promotion, hut a prcscrilnal deduction shall be made at prescribed tiiues fronx his salary, Avhieh |
| . | deductions |
180 Act No. 31, 1902.
Fublic Service.
deductions shall l>e invested and accumulated in the prescrihcd manner, and such accumulations shall h(! protected as hcreinhefore provided Avith respect to policies of assurance, and shall be paid to him AAuthout any deduction, and Avith all accumulated interest on his leaving the Public Service, or to his personal representative on his death, Avhich-
ever first happens.
Conditions of new
| appointments. | 34. (1.) Subject to the provisions of section thirty-six hereof, |
| 59 Vic. No. 25, s. 2S. | no appointment of any person not already in the Service to any permanent office or position therein shall be made except— |
(a) at the instance of the Board ; or
| (b) | upon the written request of the permanent head of a department |
to the Minister, to be transmitted by the Minister to the Board;
| ||
| (c) | upon the written request of the Minister himself, addressed to the Board. |
(2) No such appointment shall in any case be made except upon a certificate from the Board that sucli an appointment is required.
Certificate of Board*
| Preliminary to | 35. (1) The Board, in giving the certificate in the last section |
| appointment. | mentioned, shall in addition state tlierein— |
| Ibid. 3 . 29. | (a) the name of the person proposed to he appointed ; | |||
|
Act has been held, and that the person named in the certificate is the most successful candidate; or
| (d) | having regard to the nature of the appointment that exami nation is not required, or may be dispensed Avith under the provisions of this Act. |
(2) The Governor may thereupon appoint the person named
in such certificate, subject to the provisions of section thirty-two.
Appointment in
| special eases. | 36. (1) I f in any special case it is expedient or desirable in the |
| Ihid. s. 30. | interests of the Public Service to appoint to the Special, Professional, or Educational Division some person AAdio is not then in the Service, the Governor may appoint such person accordingly Avithout either examination or probation, and AAothout requiring compliance Avith tiie requirements of section thirty-three. |
| (2) No such appointment shall he made until the Board lias been informed of the proposal to make such appointment, and has reported Avhether in its opinion tlifcre is any person in the Service capable of filling tlie position to Avhich it is proposed that an appoint ment shall be made. |
(3) All such reports shall be laid before Parliament.
| Act No. ;sl, 1902. | 181 |
Fuhlic Service.
37. No person shall be appointed to the office of Police Qualification and
| MagisU-ato un less- | ^ |
(«) lie is at the time of such appointment of the full age of 50 vic. No. 25, s. 31.
thirty-five years or upwards, and is willing to reside permanently within the district in which he is appointed to
| a c t; | and |
{h) he has passed the prescribed examination in law.
38. The Board shall make regulations prescribing the subjects Kxamination for
| for and the nature and standard of the examination to he undergone | MuKistiutc?- |
| by persons who desire to he appointed Police Magistrates. | ‘ |
| 39. (1) No person shall he appointed to the Clerical Division of the Public Service whose age at his last birthday, previous to appoint- | of nppointccs; |
33 '̂ '**""
| ment, was less than sixteen or more than thirty years, unless such * | ’ | ’ |
| person is at the time of appointment already in the Public Service, |
(2) No person sliall he appointed to the General Division of acnerai Division,
the Public Service whose age at his last birthday, pi’evious to appoint ment, Avas less than sixteen or (except as hereinafter provided) more than forty years, unless such person is at the time of his appointment already in the Public Service.
(3) In cases of special duties the Governor may, however, Kxicnsion of n̂p
on the recommendation of the Board, extend the age from foihy to
forty-five years.
(4) Nothing in this section contained shall he taken to .̂ gc of mosspngpr?.
prevent the appointment of })crsons of any age to he junior messengers.
40. No person relatc'd hy blood or marriage to any member of KciuUvpsof nipmhers
| the Board shall, except Avith the approval of the Governor in Avriting, | 3 "̂̂ ’̂ |
| be appointed to or promoted in the Public Service Avhile the member | ’ ’ | ’ |
| of the Board to Avhom such person is so related continues to he a member of such Board : | ||
| ProA’ided that the Governor may, hy notification in the Gazette, define the limits or degrees of relationship within Avhich this section shall apply. |
41. The Board may make regulations for facilitating the Regulations for
employment of Avomen in those departments or branches of the Public
| Service in Avhich it may seem desirable to employ them ; and such | I hill. s. 35. |
| regulations may determine the salary or Avages to he paid to AVomen employed on any particular Avork or class of Avork. and may provide generally for all matters relating to the examination of female candidates for employment, Avhich may retjuire special provision. |
| 42. Except in the Department of Public Instruction no married | wlien eligible. |
| -Vrnniocl women |
| woman shall be eligible for a])])ointment to any oflice in the Public | IhhI. s. 3(1. |
| S(!rvice if her husband is already in the employment of the State, unless the Board certifies in each case that tlierc arc special circum stances AAdiich make such appointment desirable. |
182 Act No. 31, 1902.
Public Service.
| Appoiuttnent of | 48. (1) No pei’son shall lie permanently appointed to anV officB school, or receiving depot, whether he is already an officer in the Public Service or not, unless and until he has served for twelve months on probation as an officer of some penal establishment or gaol or reformatory school, probationary school, or receiving depot. |
| otticei-s of gaols, &c. | penal establishment or gaol or reformatory school, probationary |
| 59 Tic. No. 2.'), s. 39. | |
| ofHcors of liospitnb |
| Appointment of | (2 ) No person shall be permanently appointed to any |
| for flm inpnno. | office in any hospital for the insane, whether he is already an officer in the Public Service or not, unless and until he has served for twelve months on probation as an officer of some hospital or receiving liousc |
| , | . | for insane. |
Temporary Officers.
| Temporaly officers | 44. (1) Whenever in the opinion of the Minister the prompt necessary, and the Board, upon being so informed, is unable to provide such assistance from other departments, the Board shall select from the persons whose names are upon the register referred to in sub section (c) of section twenty such person or persons as to the Board appear best qualified for such work. |
| !̂ lseŝ oVnê c?ssir̂ | despatcli of the business of any department renders temporary assistance |
| Ibid. s. 37. | |
| (2) Such person or persons may he employed to perform such work for any period not exceeding three months, and, if nccessarjg may, with the sanction of the Board, he employed at the end of such period for any further period not exceeding three months, hut shall not he so employed for more than three periods of three | |
| . | months each successively. |
| (3) No person who has been temporarily employed in any d(;partment shall, on the termination of his employment, be eligible for temporary employment in the Public Service during the six months next following such termination. |
(4) The services of any person employed temporarily may
he dispensed Avith at any time hy the Minister or hy the Board.
| Public Works | 45. (1) Notwithstanding the provisions hcreinhefore contained, |
Ucjiartmcnt.
| Ibid. s. 38. | the Minister may. in the case of temporary Avork, in the carrying out of any public Avork or scheme (if he considers that, for the public interest the provisions of the last preceding section should not apply to such Avork or scheme) order that the temporary employment upon such Avork or scheme shall be until the completion of the same. |
| Govornment Printing | (2) Any pei’son may, upon the recommendation of the |
| Eoinrn"'* | Boai'd, he temporarily employed in the Government Printing Office, or |
| ” | in the preparation of the Census Beturns, for such time as may he necessary. |
Appointment o f retired officers.
| Rctirca officers mar | 4 0 , Notwithstanding anything in this Act contained the Board |
| w P T ’iT | recommend for any vacancy any officer who has been retired from |
| ' ' ' | the |
| Act No. :n, 1902. | 183 |
Fuhlic Service.
tlio Public Service under the Civil Service Act of 188i or of this Act, and such officer may be appointed ivithout examination or probation : Provided that the officer so recommended has not at the time of such j’ecrommendation attained the age of sixty years.
Internal administration—Fromolions, ^'c.
| 47. All promotions in and appointment to the Sjiecial Division Order of promotions, shall, as far as jiracticablo, and subject to the provisions of this Act, | ^ |
| 1)0 from such Special Division, or from the higher grades of tlic'' | • |
| Professional or Clerical Divisions, or from the Educational Division, | |
| and shall be made with regard to special qualifications and aptitude, as well as to seniority in grade or duration of service, seniority being subordinated to considerations of special fitness. |
48. There shall be two series of grades in the Professional and Hifiiior and loner
| Clerical Divisions, called the higher and the lower grades, and all | ̂ |
| oflicers engaged in the performance of Avorlc entitling them to a salary | ’ ’ | ' |
| of three hundred pounds per annum and upwards shall be deemed to be included in the higher grades of such divisions, and all officers engaged in the performance of W’ork entitling them to a salary df less than three hundred pounds per annum shall be deemed to l)e included in the lower grades of such divisions respectively. |
| . | 49. (1) Whenever any vacancy occurs in any office or class Uow Tacam ioa to be |
| of work within the higher and lower grades, respectively, of the^‘“® | ‘̂’ | ||
| Professional or Clerical, or in the Educational or the General Division, |
| ||
| if it is expedient to fill such vacancy, the Governor may, upon the I'ccommendation of the Board, appoint— |
| (e) | any officer of the department in Avhich such vacancy occurs (rt'gard being had to the relative seniority and fitness respec tively of the officers of such department), if it appears that such appointment rvould result iir the duties of such office being more efficiently performed than by selecting an officer from any other department; or |
| , | (/)) any officer from any other department whom (on the ground of seniority combined Avith fitness) it appears desirable so to a])point. |
| (2) “ Fitness ” in this section means special qualifications | ■ |
and aptitude for the discharge of the duties of the office to be filled.
(3) All promotions or appointments under this section shall, as far as practicable, and subject to the provisions of this Act, be from the same grade as that in which the vacancy occurs, or from the immediately inferior grade in the same series of grades or division, or from equivalent grades in some otherdivision,so that sucli promotions
184 Act No. 31, 1902.
Public Service,
or appointments are from a junior to a senior position in the same grade, or from an inferior to an immediately superior grade, in the same or a corresponding scries of grades.
Examination before 60. (1) No person entering the Service on or after the twenty- srXsofrrofesfonai third day of December, one thousand eight hundred and ninety-five, and Clerical shall he eligible for promotion from the lower to the higher grades
of the Professional and Clerical Divisions unless he has passed the examination prescribed by the Board as preliminary to admission to those grades.
(2) The Board shall, from time to time as may appear necessary, cause examinations for promotions from the lower to the higher grades in the Professional and Clerical Divisions, to he held by the examiners appointed under the provisions of section twenty-seven, which examinations shall be open to all officers employed in the lower grades of the Professional and Clerical Divisions, Avho, at the date on which they present themselves for examination, have been at least three years in the Public Service, and the names of the persons who have passed the required standard of examination shall be registered by the Board, and all I’acancies in the higher series of grades in the two divisions mentioned which it may be considered expedient to fill, and which subject to the provisions of this Act may be filled from a lower series of grades shall be filled by the appointment of those officers whose names appear in the register aforesaid.
| Board niaj allow | 51. The Board may, in any case, allow any officer to decline |
| officer to decline |
| promotion. | any offered promotion or appointment Avithout prejudice to his right |
| Ihid, 8. 44. | to any future promotion or appointment to Avhicli his grade and order of seniority and merit Avould, under the proAusions of this Act, entitle him ; but no officer shall be alloAved to refuse compliance with any order of the Board, directing his removal from one position to another, or from one diA'ision or department to another, and disregard of, or disobedience to, any such order shall he folloAved by dismissal, unless the officer concerned justifies such refusal, in the judgment of the Board, by adducing some valid and sufficient reason therefor. |
| Minister or per |
| manent head may | 62. When it appears to the Minister or permanent head of any |
| propose changes of | department necessary or expedient for the more economic, efficient, or |
| officers or rearrange | convenient AVorking of such department, or any branch thereof, that |
| ment of work. | |
| Ihid. s. 43* | any particular disposition of officers and rearrangement of AVork should be effected, the matter shall be referred to the Boax’d for consideration and action : |
| Provided that nothing in this Act contained shall be construed as restricting the ordinaiy and necessary departmental authoi’ity of such Minister or permanent head of any department Avith respect to the dii’ection and control of officers and Avork. |
Public
f k
| Act No. 31, 1902. | 185 |
l^uhlic Service.
JPuhlic Instruction.
53. Any pow('r of appointment, dismissal, or control of oflicers Transfer of powers
conferred upon tlie Minister, or upon the Minister with the
| of the Governor, or conferred upon the Governor alone under the 5 ̂ | 25, tu. |
| provisions of the Puhlic Instruction Act of 18(S0, shall he exercised hy tlic Governor upon the recommendation of the Board, in accordance Avith the provisions of this Act, and not otherwise, and all officers or yicrsons employed under the provisions of that Act shall he deemed to he under the control of the Board for the same purposes and to the | |
| same extent as the other branches of the Buhlic Service to Avhich this | |
| Act applies. |
| 54. All regulations made under the [irovisions of the Buhlic Instruction Act of 1880, having reference to the oflicers and persons employed thereunder shall, so far as the Board considers them >>e returned and applicable and consistent rvith the provisions of this Act, be applied Xs*Act'.' " hy the Board in the exercise of their powers, duties, and functions md. 9. 47. under this Act in the organisation and administration of that branch of the Buhlic Service. | mule |
| 55. The Board shall have power to make regulations,— | Renuiations as to |
| ia) prescribing the nature and standard of the examinations p, be held for admission to or promotions or appointments | ' ' |
Avithin thc»Educational Division;
(fy) prescribing and delining such subdivisions of the Educational Division as may be necessary to facilitate the application of the proAusions of this Act to the organisation and adminis tration of that branch of the Buhlic Service ;
| (c) | for determining the relative positions in order of precedence of teachers in each grade ; |
(ff) yrroviding for increased scale of salary or alloAvance, Avithout
reference to grade, in special cases ;
| (c) | providing for appeals to the Board from decisions of the Board (aincerning salary, grading, or classification of duty or Avork; |
( / ) providing for penalties and fines for minor offences against discipline or order, or for breaches of the regulations;
(17) for other matters and th in gs in connection Avith the above or similar objects.
| Dismissals, removals, | , |
56. (1) If anv officer permanentlv emploAmd in the Buhlic I’unisiimont of
| Service— | /1;"T40 |
| {a) is guilty of any breach of the provisions of this Act, or the regulations made thereunder ; or | ' " |
| [t)) is guilty of leaving the final judgment of any Court of law for the payment of any debt unsatisfied for the period of one |
| m onth; or | (c) |
186 Act No. .31, 1902.
Public Service.
(c) is guilty of any misconduct; or
(d) is guilty of habitually using intoxicating beverages to excess; or
| (c) | is guilty of any wilful disobedience or disregard of any lawful order made or given by any person having authority to give such order; or |
( / ) is negligent or careless in the discharge of his duties; or
(ff) is inefficient or incompetent, and such inefficiency or
incompetency appear to arise from causes within his own
control; or
(//} is guilty of any disgraceful or improper conduct,
he shall be liable to dismissal or such other punishment as may be
determined upon under the provisions of this section.
(2) Any officer, not being an officer included in the Special Division, charged with the commission of any such offence, may he dealt with in one of the modes following :—
(а) in emergent cases he may he temporarily suspended hy the
senior officer of the branch in Avhich the offending officer is employed; hut such suspension shall he immediately reported to the permanent head of the department;
(б) the permanent head, if he is of opinion, after hearing such officer in his defence, that the alleged offence has been com mitted, but is not of so serious a nature that a report thereof should in the course of his duty he made to the Board, may reprimand or caution such officer only, and thereupon remove the suspension ;
(c) the permanent head may, if he considers the offence is of so serious a nature that a report thereof should in the course of Ins duty he made to the Board, suspend such officer and forthwith report him to the Board, and if such officer does not in writing admit the truth of the charges made against him, the Board shall inquire as to the truth of such charges, or if
,
| . | the Board is of opinion that it is desirable that any such charges should be inquired into by some persons specially appointed for the purpose, it may communicate its opinion to |
| , | the Governor, who may thereupon appoint one or more persons to inquire as to the truth of such charges. Any such person or persons so appointed for such purpose shall have the same powers as the Board to summon and examine upon oath any witnesses whose evidence may he necessary or material, and shall, after fully hearing the case, report to the Board their opinion thereon ; |
| (d) | if any such charges are admitted as aforesaid, or are found hy the Board or hy the person or persons appointed as aforesaid to be proved, the Board may, according to the nature of the offence, reduce such officer to a lower grade in the Public |
Service,
| Act No. 31, 1902. | 187 |
Fublic Service.
Service, or to a lower salary, or fine liim, or deprive him of his leave of ahsence during such time as the Board thinks fit, or witli the approval of the Governor may dismiss such officer from the Piihlic Service or require him to resign, and unless the Board otherwise orders, such officer shall forfeit all salary or ivagcs except such as may have been due before his suspension ;
| (f) | if such charges are found by the Board or by persons appointed as aforesaid not to be proved the suspension shall be imme diately removed. |
67. If any officer in the Special Division is charged with any of OfTonces by
the offences enumerated in section fifty-six, the Minister may suspend ui'̂ TsIon"
such officer and report t!ic charge and suspension to the Board, and 59 vic. No. 2,1, s. ,a>.
| thereupon the Board shall inquire into the truth of the charge and d(!al with the matter in the manner provided in subsections (c), {d), and (c) of section fifty-six. | . |
58. If it comes to tbc knowledge of the Board that any officer Board may iniUate
is guilty of any conduct which in the opinion of the Board renders him unfit to continue in the Public Service, the Board may initiate an inquiry into the case, and for that purpose shall summon the officer concerned before it, and shall specify the charge against him and receive evidence thereon, and in all other respects deal with the charge as though it had arisen under the provisions of either of the two last j)receding sections.
69. In the event of the address for the time being of any officer As to ofUccrs whoso
| b(‘iug unknown to the Board, all notices, orders, or coinmrmications | isjmknown. |
| relative to any charges against such olficer shall be posted to the last- | |
| known address of such offiettr, and comjiliance with this section shall | |
| !)(' detuned a sufficient service on such officer of any such notice or | |
| order ; Provided that if within any time specified in such notice, order, |
| or communication, no answer is received by the Board to an inquiih' | , |
| asking whether the officer admits the truth of any charges brought against him, he shall be deemed to deny the truth of such charges, and the Board may inquire into and deal Avith such charges in the absence of the officer affected. |
60. Neither ofiic('rs nor departments shall be entitled to be Proceiiurc at
represented by counsel, attorney, or agent at inquiries held by the
| Board. | The Board or any persons appointed under the authority of | a. 53. |
subsection (c) of section fifty-six, when inquiring as to the truth of any charge made against an officer, may conduct the inquiry Avithout regard to legal forms, and shall direct itself or themselves by the best evidence it or they can procure, or that is laid before it or them,
Avhethcr the same be such evidence as the law Avould require or admit in other cases or not, and the Board or such persons (as the case may
be),
188 Act No. 31, 1902.
Public Service.
be), may receive or reject as it or they deem fit any evidence that may be tendered. The Board shall keep a complete record of all such inquiries which shall afterwai’ds he available for reference.
| Dismissal for felony, | H) I f anv officcr is convictcd of any felony or other |
Vie. jNo. A-,, s. 54. infamous offence he shall be summarily dismissed.
Services dispensed (2) If lie becomcs bankrupt or applies to take the benefit of bankruptcT"^any Act now or hereafter in force for the relief of insolvent debtors,
| ' | or makes an assignment for the benefit of his creditors, he shall be deemed to have committed an offence within the meaning of this Act, and his services shall thereupon be dispensed with, unless he prove to the satisfaction of the Board that his pecuniary embarrassment has not been caused or attended by any fraud, extravagance, or dishonorable conduct. |
| Statutory powers and | 62. Where, ou the tweuty-tliird day of December, one thousand eis l̂it hundred and ninety-five, any Act or the regulations under any Act other than the Civil Service Act of 1881, specifically imposed or |
| duties of officers | |
| H id . 8. 55. | conferred upon any officer in the Public Service, any duty, power, or authority to be exercised in connection with any department of the Service, such duty, power, or authority, and any obligation or right to exercise the same, shall remain unaffected by this Act, except in so far as such duty, power, or authority relates to the classification, salary, and allowances of officers or persons employed in the Public Service. |
| olbcer may be | |
| Services of incapable | 63. If any officer in the Public Service is at any time found and such unfitness or incapacity appears likely to be of a permanent character, and has not arisen from actual misconduct on his part, or from causes within his own control, the Governor may, on the recommendation of the Board, cause the retirement of such officer, and may direct that compensation be granted to him in terms of section seventy-one hereof. |
| dispensed with. | unfit to discharge or incapable of discharging the duties of his office, |
| Ihid. 9. nn. | |
| from salary. | |
| ITines to bo stopped | 64. The Paying Officer on receiving notice of any pecuniary penalty imposed upon any officer under the authority of this Act shall deduct the amount thereof from the salary of the officer incurring such penalty. |
| Ihid. 8. 57. |
| Eight of Crown to | 66. | Nothing in this Act, or in the Civil Service Act of 1884, shall |
| seiwiTeTof anv̂ pubiic | consti’ued ov held to abrogate or restrict the right or power of the |
| servant. | " | Crown, as it existed before the passing of the said Civil Service Act, to |
| H id . 8.58. | dispense with the services of any person employed in the Public Service. |
Metiring age o f officers.
| Officers between sixty | 66. (1) Every officer in the Public Service, whether appointed |
| and sixty-live years |
of ago entitled orbefore or after the commencement of this Act, and whether he have
maŷ ’L called upon attained the age of sixty years before or after the commencement of
| to retire. | Ihid. s, 68.this Act, shall be entitled, if he desires so to do, having attained the age |
of sixty years, to retire from the Public Service.
(2)
| Act No. 31, 1902. | 189 |
]?ublic Service.
(2) Any sucli officer may (unless called n])on to ndirt' as licreinal’ti'r provided) continue in the Public Service until he attains the age of sixty-live years.
(3) If any such officer continues in the Public Service aft('r he has attained the age of sixty years, he may at any time before he attain the age of sixty-livi' years he calh'd upon hy the Governor, acting upon thi' recommt'ndatiou of the Board, to retire ; and eveiy such officer so called upon to retire shall retire accordingly.
67. (1) Every officer, ■whether appointed before or after the omcei> on nftaining
conuiK'nci'nKmt of this Act, if lu' attains the age of sixty-five years after
| the commencement of this Act, shall retire immediately on attaining upon | oontinuo. |
that age, unless he is required, notivithstanding his age, to continue to »9 vio. Xo. 25, s. ua.
pi'rform his duty in the Public Service as hereinafter provided, and is
willing so to do.
(2) The Governor may, notwithstanding that any officer Officers of age of
has attained the a"e of sixty-five years (if the Board certify that in
tlie intorosts OI tlie rublic bervicc it is desirable that sucli ofiBcer Service by Governor.
should continue in tin? pcad'ormance of the duties of his office, or of
any office in the Public Service to which he may be appointed, and if
such officer he able aud Avilling to do so), from time to time direct
such officer to continue in the Service for such fixed time not exceeding
tw(dve months (as the Governor in each case directs), or during
pleasure.
(3) Every officer who retires under the provisions of this or the last preceding section, and is not a contributor to the Civil Service Su])crannuation Account, shall, if otherwise within the provisions of suhclausc (1)) of section seventy-one he entitled to receive, on such retirement, the gratuity or allowance th('reby specified.
loricate employment o f officers.
68. (i) Except with the express permission of the Governor oiruei-s not to
si"‘nified hv notice published in the Gazette, which permission mav
| he at any time witlidrawn, no ofheer sliall—• | of professions. |
| (ft) accept or continue to hold or discharge the duties of or be ('inployed in any paid office in connection with any banking, | s. (it. |
insurance, mining, mercantile, or other comnuu’cial business,
| whether the saute be carried on by any corporation, company, | * |
| firm, or individual; nor |
| [b) | engage in or undertake any such business, whether as principal or ag(jnt; nor |
(c) engage in or conlinue in tlu'private practice of any profession.
(2) If any officcr is the holder of any office, or is engaged officers 10 notify
in any (nuployment Avhatsoever other than in connection Avitli
duties of his office und(‘r the Crown, he shall at once notify the fact empioynient.
| to the Board. | (3) |
190 Act No. 31, 1902,
Public Service.
| (3) | If in the opinion of the Board such first-mentioned office |
or employment interferes with the due and proper discharge of his public duties the Board shall require such officer to resign such office or abstain from engaging in such employment.
(4) Any officer failing to comply with the requirement of
the Board shall he deemed guilty of misconduct within the meaning of
| section fifty-six hereof. | , |
| Eicaptions. | (")) Nothing herein contained shall prevent any officer from accepting and continuing to hold any office in any society founded under the law relating to Eriendly Societies for the benefit of public servants only. |
| ' | Notices o f appointments, promotion, ^c |
| Promotions, | 69. (1) All iioticcs of appointments, promotions, transfers, (2) Notification of every appointment shall appear in the Gazette within fourteen days from the date from which the appoint ment is to take effect, otherwise such appointment shall not he considered as valid for any purpose under this Act, and every such notice shall he deemed and taken to he conclusive evidence of every such appointment, retirement, or removal respectively. |
| b̂ gazeued | ^ | retirements, and removals of officers under this xlct shall he published |
| 59 Vic. No. 25, s. 70. | spccial Gazette to he issued weekly. |
| PAllT | I I I . |
| , | P ensions, gratuities, &o. |
| Pensions, &c., not Lo | 70. No person who, on or after the twenty-third day of December, |
| be paid to public |
| officers liereafter | one thousand eight hundred and ninety-five, enters or becomes |
| appointed. | employed in any department of the Public Service to which this Act |
| Ibid. 8. 69. | applies, or was not at such date a contributor to the Superannuation Account under the provisions of the Civil Service Act of 1881, shall he allowed to become a contributor to or to acquire any right to any payment by way of pension, annual superannuation, retiring allowance, or gratuity out of such Superannuation Account. Nor shall any person to whom this Act applies, except as in the next succeeding section provided, receive out of the Consolidated Ilevenue of the State any payment, by way of pension, annual superannuation, retiring allowance, or gratuity, either directly or indirectly. |
| Gratuities on | 71. If the services of any person permanently employed in the |
| retirement, in wliat |
| cases allowed. | Public Service are dispensed with hy the Board under the provisions |
| Ibid. s. 60. | of this Act otherwise than for an offence, then— |
| (a) | if such person was cm])loyed in tlie Public Service before and on the twenty-third day of December, one thousand |
eight
L .
| Act No. 31, 1902. | 191 |
Ftiblic Service.
eight hundred and ninety-five, and was a contributor to the Superannuation Account under the provisions of the Civil Service Act of ]88t, bnt not entitled to retire under sections forty-three and forty-four of that Act, such person shall receive a refund of the amount of his contributions to such Account, cahmlated to the date on which his services were dispensed witli, together with a gratuity not exceeding one month’s pay for each year of service from the date of his })crmanent apj)ointment, and a fortniglit’s pay in respect of each year of temporary service ; such gratuity to he calculated on tlie average of his salary during the wliole term of his employment, and to he payable only in respect to service prior to the commencement of this A ct;
(Jj) if such person was employed in the Public Service before and on the said date, hut was not a contributor to the said Superannuation Account, such person shall rc'ceive a gratuity not exci'cding one month’s pay for each year of service from the date of his permanent appointment, and a fortnight’s pay in respect of each year of temporary s(>rvic(!; such gratuity to he calculated on the average of his salary during the whole term of his employment, and to he payable only in respect of service prior to the said date.
72. The superannuation allowance referred to in section forty-Calculation of
eight of the Civil Service Act of 188d, and payable under that Act, c\'vu s" rrl™ of shall, afti'r the twenty-third day of December, one thousand eight i8S4. iiowmade.
| hundred and ninety-five, he computed upon the amount of salary and so vic.No. 25, b | . gi. |
| emoluments other than forage, equipment, or travelling allowances; and from and after such date the four per centum deductions referred to in section fifty-three of the Civil Service Act of 188t shall be made from the total value of salary and emoluments other than forage, equipment, or travelling allowances. |
73. (1) Any person who, on the first day of November, one Contributors t<>
thousand eight hundred and ninety-six, was a contributor to the Sup̂ ^̂
| Superannuation Account under the Civil Service Act of 1884, hut Avho | 07 s. 1. |
| is not an “ officer ” within the meaning of this Act, and before the | ’ |
| twenty-third day of December, one thousand eight hundred and | |
| ninety-six, elcetcd to diseontinne contributing thereto, shall he entitled | |
| to receive from the said account on his retirement from his public | |
| employment for any cause other than an offence (or in the event of his | |
| death before retirement, his reju’csentativc shall be entitled to receive) | |
| a refund of the amount paid thereto up to the date of his so electing, | |
| together with interest thereon at the rate of three per centum per | . |
| annum from the date of his ceasing to contribute. And every person as aforesaid who has so ceased to contribute to the said account, shall thereupon cease to be entitled to any right in or benefit from such |
| account, except such refund and interest aforesaid. | (2) |
192 Act No, 31, 1902.
Fublic Service.
| 59 Vic, No. 25, s, C2. | (2) All officGi’s employed in the Public Service on the twenty-third day of Decemher, one thousand eight hundred and ninety- live, who then were contributors to the said Superannuation Account, and who after the expiration of twelve months from the said date, continue to be employed in the service and to contribute to the said account, shall, notwithstanding anything in this Act contained, he entitled on retirement or removal from the Public Service otherwise than for an olfence to all the rights and benefits conferred upon contributors to the Superannuation Account hy the provisions of Part V of the Civil Service Act of 1884 ; and for the purpose of this subsection, such rights and benefits shall be deemed to include the right to superannuation allowance under seetions forty-six and forty-eight of |
| that Act as though their office were abolished where the officer avIio | |
| retires or is removed as aforesaid is otherwise Avithin the terms of section forty-eight of that Act. |
| Certain services to | 74. | Por the purpose of estimating the amount of any |
| count in estimating |
| allowances and | superannuation allowance or gratuity due to any person, service by that |
| gratuities. | person AAdiether continuous or not under the Council of Education |
| ^0. 55, 18C9, 8. 1. | constituted in pursuance of the Act thirtieth Victoria number tAventy-two, or under the said Council of Education and under the Board of Commissioners incorporated by the Act ele\'enth Victoria number forty-eight under the name and style of the Board of National Education or the Denominational School Board created by the Governor in the year one thousand eight hundred and forty-eight, shall be deemed to have been and to be service by that person within the meaning of the CiA’il Service Act of 1884, and the Public Service Act of 1895, and any Act amending the same, and this Act. |
Powers nnd duties of 75. The Auditor-General shall have and exercise the same i!rrfspeet°onhr*̂ *̂ " poAvei’s and duties in respect of the Civil Service Superannuation
Civil Service Super- Account as are by the Audit Act, 1898, conferred and imposed upon animation Account, reference to the Public Account, and it shall be competent for
| 59 A 1C. No. 2o, s. 71. | Auditor-General to investigate the past operations upon the said Superannuation Account as Avell as future operations, but the authority hereby conferred upon the Auditor-General shall not extend to requiring or demanding a refund of any moneys actually paid out of the said Superannuation Account before the tAventy-third day of December, one thousand eight hundred and ninety-five. |
| No claim for | 76. Except as in this Act provided, no officer in the Public |
| compensation if |
| salary reduced or | Service shall be deemed to be entitled to any compensation by reason |
| services dispensed | of any reduction of his salary, or in consequence of his services being |
| witli. | |
| Ihid. 8. G7. | dispensed with. |
| Publioation of | 77. All regulations made by the Board, and any repeal, altera |
| rcguliitions. | tion, or amendment of the same, shall, as soon as they have been |
| Ihid, B, 20. | approved |
| Act No. 32, 1902. | 193 |
Constitution.
approved by the Governor and published in the Gazette, have full force aud effect, and such regulations shall he laid as soon as may he before both Houses of Parliament.
SCHEDULE.
H epea l o f A c ts .
| lieference to Act. | Title or short title. | Extent of repeal. |
59 Vic. No. 25 ... The “Public Service Act of 1895 ”... ... ... The whole Act. GOVic. No. 27 ... The “ Public Service (Superannuation) Act, 1890.” The w'hole Act. No. 55, 1899 ... The “ Public Service (Superannuation) Act, 1899.” The whole Act.
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