Public Service Act 1979 (NSW)

PUBLIC SERVICE ACT, 1979, No. 89

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ISialeg

ANNO VICESIMO OCTAVO

EUZABETH^E II REGINiE

Act No. 89, 1979.

An Act for ttie regulation of the Public Service of New South

Wales. [Assented to, 16th May, 1979.]

See also Public Service (Promotion Appeals) Amendment Act, 1979; Constitution (Public Service) Amendment Act, 1979; Industrial Arbitration (Public Service) Amendment Act, 1979; Crown Employees Appeal Board (Public Service) Amendment Act, 1979; and Statutory and Other Offices Remuneration (Public Service) Amendment Act, 1979.

Act No. 89, 1979.

Public Service.

BE it 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 :—

PART I.

Preliminary.

Short title.	1.	This Act may be cited as the “Public Service Act, 1979”.
Cc«nmence-	2.

(1) This section and section 1 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall conunence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

(3) For the purpose only of enabling the Board to be constituted in accordance with this Act on or after (but not before) the day appointed and notified under subsection (2), appoint ments may be made under Part n , and any other act, matter or thing may be done, before that day as if the whole of this Act commenced on the date of assent to this Act.

Amnige-	3. This Act is divided as follows :—
raent

PART I.— Preliminary— ss. 1-9.

PART II.— The Public Service Board of New South

^̂ ALES— SS, 10—35.

Division 1.—Preliminary—s. 10.

Division 2.— Constitution of the Board—ss. 11-26.

Division 3.—Procedure at meetings of the Board—ss. 27

32.

D ivision 4.—Functions of the Board generally—ss. 33-35.

Act No. 89, 1979.

Public Service.

PART III.— The Public Service of New South Wales—

ss. 36—48.

Division 1.— Nature and organisation of the Public

Service—ss. 36—44.

Division 2.— Department Heads—ss. 45-48.

PART IV.— Administration and Management of the

Public Service—ss. 49-119.

D ivision 1.— Special Division officers—ss. 49—56.

Division 2.— Officers {other than Special Division

officers)—-ss. 57-79.

Division 3.— Temporary employees—s. 80.

Division 4.—Industrial matters—ss. 81—84.

Division 5.— Discipline and conduct—ss. 85-100.

Subdivision 1.—General—s. 85.

Subdivision 2.— Special Division officers—ss. 86-91.

Subdivision 3.— Officers {other than Special Division

officers)—ss. 92-91.

Subdivision 4.—Miscellaneous—ss. 98-100.

Division 6.— Special inquiries—ss. 101-104. Division 7.— Efficiency audits— 5̂5'. 105-107. Division 8 .—Management practices—ss. 108, 109.

Division 9.—Miscellaneous—ss. 110—119.

PART V.—Extended Leave—ss. 120-123.

PART VI.— Application of Provisions to Declared

Authorities—ss. 124, 125.

PART v n .—General—ss. 126-135.

SCHEDULE 1.— D̂epartments.

SCHEDULE 2.— Administrative Offices.

67880G-24

Act No. 89, 1979.

Public Service.

SCHEDULE 3.— Declared Authorities.

SCHEDULE

4.— E x c l u d e d

Positions.

SCHEDULE 5.— R epeals.

SCHEDULE 6.— Savings, Transitional and Other

Provisions.

Interpre

4. (1) In this Act, except in so far as the context or “Administrative Office” means the group of staff comprising (wholly of in part) or attached to a body, organisation or group specified in Column 1 of Schedule 2;

tation.

subject-matter otherwise indicates or requires—

“administrative unit” means—

(a) a Department specified in a list;

(b)	a Department specified in a list, other than an office so specified as not forming part of that Department; or

that list being a list in force under section 59 published in a notice in which that Department, that Department other than that office, or that office, as the case may be, is declared to be an administrative unit;

“appropriate Department Head” means—

(a)	where the expression is used in connection with a Department—-the Head of the Department; or
(b)	where the expression is used in connection with an officer or temporary employee—the Head of the Department to which the officer or employee belongs;

Act No. 89, 1979.

Public Service.

‘appropriate Minister” means—

(a)	where the expression is used in connection with a Department—the Minister responsible for the Department; or
(b)	where the expression is used in connection with an officer or temporary employee—the Minister responsible for the Department to which the oflScer or employee belongs;

“Board” means the Public Service Board of New South Wales;

‘declared authority” means an authority for the time being named in Schedule 3;

“Department” means a Department specified in Column 1 of Schedule 1, and, in accordance with section 7, includes an Administrative Office;

“Department Head” or “Head” means a Department Head referred to in section 46 (1), and, in accordance with section 7, includes the person who has and may exercise the functions of a Department Head in relation to an Administrative Office;

‘“disciplinary inquiry” means an inquiry held pursuant to the regulations in connection with a breach of discipline alleged to have been committed by an officer other than a Special Division officer;

“efficiency audit” means an examination of any Departmental functions and activities, for the purpose of assessing the extent to which any such functions and activities are being carried on in an efficient, economical and proper manner;

Act No. 89, 1979.

Public Service.

“functions” includes powers, authorities and duties;

cf. 1902	“industrial matters” has the meaning ascribed to that expres
No. 31,

s. 14b (2).

sion by section 5 (1) of the Industrial Arbitration Act,

1940, subject to the following modifications :—

(a)	the references to “employers” and “their employer” shall be read and construed as references to the Crown;
(b)	the references to “employees” shall be read and construed as references to officers and temporary employees;
(c)	the references to “any industry” and “an industry” shall be read and construed as references to the Public Service; and
(d)	the references to “industrial unions” and “trade union” shall be read and construed as references to any association or organisation representing any group or class of officers or temporary employees;

“officer” means a person employed in any capacity under Part IV, and includes—

(a) a Special Division officer; and

(b) an officer on probation,

but does not include a temporary employee;

“position” means a position in the Public Service;

“Public Service” means the Public Service of New South

Wales, as referred to in section 36;

“Public Service Notices” means any document titled “Public Service Notices” published under the authority of the Minister or the Board;

“regulation” means a regulation under this Act;

Act No. 89, 1979.

Public Service.

“Special Division officer” means an officer in the Special

Division;

“Special Division position” means a position of Department Head created under section 45;

“special inquiry” means a special inquiry under section 101,

“staff” or “members of the staff” means officers or temporary' employees or both;

“temporary employee” means a person temporarily employed under section 80;

“term officer” means a Special Division officer appointed or re-appointed for a term under section 51;

“Tribunal” means a Promotions Appeal Tribunal constituted under section 69h of the Public Service (Promotion Appeals) Act, 1902.

(2) A reference in this Act to the exercise of a function includes, where that function is a duty, the performance of that duty.

(3) A reference in this Act to the date of publication of the Public Service Notices is, in relation to any issue of that document, a reference to the date specified in that issue as the date of publication.

name is changed, the Governor may, by proclamation published in

the Gazette, amend Column 1 of Schedule 1 by inserting, omitting ments).

or amending the name of the Department accordingly.

(1) Where a Department is established or abolished, or its Amendment

(2)	The Governor may, by proclamation published in the

Gazette, amend Column 2 of Schedule 1 by inserting opposite the name of a Department the title or other description of a position in the Department, or by omitting or amending that title or other description.

8-	Act No. 89, 1979.

Public Service.

(3)	The Governor may, by proclamation published in the

Gazette, omit Schedule 1 and insert instead a Schedule containing in Column 1 the names of Departments and containing in Column 2 the titles on other descriptions of positions in those Departments.

Amend^nt 6. (1) The Govemor may, by proclamation published in the 2 (Adminit Gazette, amend Column 1 of Schedule 2 by inserting, omitting or

Offices).

trative amending the title or other description of a body, organisation or

group.

(2) The Governor may, by proclamation published in the Gazette, amend Column 2 of Schedule 2 by inserting the title or other description of an office or position, or by omitting or amending that title or other description.

(3) The Governor may, by proclamation published in the Gazette, omit Schedule 2 and insert instead a Schedule containing in Column 1 the titles or other descriptions of bodies, organisations or groups and containing in Column 2 the titles or other descriptions of offices or positions.

Application

(1) This Act applies to and in respect of an Administra Department, and references in this Act to a Department shall accordingly be read and construed as including references to an Administrative Office.

or Act to

Administra	tive Office in the same way as it applies to and in respect of a
tive Offices.

(2)	This Act applies to the person who, pursuant to section

46 (2) or (3), has and may exercise the functions of a Department Head in the same way as it applies to and in respect of a Depart ment Head, and references in this Act to a Department Head shall accordingly be read and construed as including references to such a person.

(3) Subsections (1) and (2) do not apply in relation to this section or section 5 or 46.

Act No. 89, 1979.

Public Service.

8. affects the Industrial Arbitration Act, 1940.

Unless otherwise expressly provided, nothing in this A rt Saving of

Arljitrat^n

Act.

cf. 1902 No. 31, 8. 5a.

9. (1) Except where otherwise expressly provided, not

g Act not to apply to

in this Act applies to—

certain

(a) any position specified or referred to in Schedule 4; or ^̂ 1902*

(b)

any position the salary or remuneration for which is ^5'.^^’ and Other Offices Remuneration Act, 1975, other than a position specified in Schedule 1,

or the person holding any such position.

(2) Subsection (1) does not operate to prevent section 54, 77, 99 or 130 from applying to or in respect of a person holding a position referred to in subsection (1) (b).

(3) Subsection (1) does not prevent a person holding a position referred to in that subsection from being or exercising any functions of a Department Head.

PART

n .

The Public Service Board of New South Wales.

D ivision

1.—Preliminary.

10. matter otherwise indicates or requires—

In this Part, except in so far as the context or subject- interpre

tation.

“Chairman” means the Chairman of the Board;

Act No. 89, 1979.

Public Service.

‘member” means a member of the Board, and includes the

Chairman.

Division 2.— Constitution of the Board.

Constitution

11. There is hereby constituted a corporation under the

of the Board.

corporate name of the “Public Service Board of New South

Wales”.

Com-

12.

The Board shall consist of 3 members appointed by the

position of	Govemor
the Board.	'-'Ovemor.

Application

13.

The provisions of this Act (other than this Part) do not ^PP*y respect of the appointment of a person as a member, and a member, in his capacity as a member, is not, except where expressly provided by this Act, subject to the provisions of this Act (other than this Part) during his term of office as member.

to membere

Age of

14.

A person who is of or above the age of 65 years shall not

members.

be appointed as a member or to act in the office of a member under

section 18.

Term of	15.	Subject to this Act, a member—
office.

(a)	shall be appointed for such term, not exceeding 7 years, as is specified in the instrument of appointment; and
(b)	is eligible for re-appointment from time to time, on each occasion for such term, not exceeding 7 years, as is specified in the instrument of re-appointment.

Chairman.

16. One of the members shall, by the instrument of his appointment or re-appointment as a member or by another instrument executed by the Governor, be appointed as Chairman of the Board.

Act No. 89, 1979.

Public Service.

17.

(1) Each member is entitled to be paid—

Remunera

tion of

(a)	remuneration in accordance with the Statutory and members. Other Offices Remuneration Act, 1975; and
(b)	such travelling and subsistence allowances as the Minister may from time to time determine in respect of him.

(2)	The remuneration referred to in subsection (1) (a) is

payable from the Consolidated Revenue Fund which is to the

necessary extent hereby appropriated aecordingly.

18.

member or in the event of a vacancy occurring in the office of a ments”*

member (including in either case the Chairman), the Governor

may appoint a person to act temporarily as a member during the

illness, suspension or absence of the member or until the vacant

office is filled, as the case may be.

(1) In the event of the illness, suspension or absence of a Acting

(2) In the event of the illness, suspension or absence of the Chairman or in the event of a vacancy occurring in the office of the Chairman, the Minister may appoint a member to act temporarily as Chairman during the illness, suspension or absence of the Chairman or until the vacant office is filled, as the case may be.

(3) A person, while acting as a member pursuant to subsection (1) or as Chairman pursuant to subsection (2), shall have and may exercise all the functions of the member in whose office he acts or the Chairman, as the case may be, other than those conferred by section 30.

(4) An appointment under subsection (2) ceases to have effect if the Governor appoints a person under subsection (1) to act as Chairman.

(5)	For the purposes of this section, the office of a

member shall be deemed to be vacant while he is acting as Chairman pursuant to an appointment under subsection (1) or

( 2 ) .

Act No. 89, 1979.

Public Service.

(6)	No person shall be concerned to inquire whether or

not any occasion has arisen requiring or authorising a person to act in the office of a member, and all things done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted to be done by the member in whose office he is acting.

Vacation	19.	A member shall be deemed to have vacated his office—
of office.

(a) if he dies;

(b)	if he engages, during his term of office, in any paid employment outside the duties of his office without the approval of the Minister;
(c)	if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration or allowances for their benefit;
(d)	if he is absent from duty for 30 days in any 12 months, except on leave granted by the Minister;
(e)	if he becomes a temporary patient, a continued treat ment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;
(f)	if he is convicted in New South Wales of a felony or misdemeanour which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in New South Wales of an offence which, if com mitted in New South Wales, would be a felony or misdemeanour so punishable;
(g)	if he resigns his office by writing signed by him and delivered to the Minister and his resignation is accepted by the Governor;

(h) if he is removed from office under section 20; or

(i) upon his attaining the age of 65 years.

Act No. 89, 1979

Public Service.

20. accordance with this section.

(1) A member shall not be removed from office except in Removal

office,

cf. 1902

(2) A member may be suspended from his office by the No. 3i,

Govemor for misbehaviour or incompetence.	s. 8 ( i ) .
(3) The Minister shall cause to be laid before each House of Parliament a full statement of the grounds of suspension of the member within 7 sitting days of that House after suspension.
(4) The suspension shall be lifted unless each House of Parliament, within 21 sitting days from the time when the state ment was laid before it, declares by resolution that the suspended member ought to be removed from office.
(5) If each House does so declare within that period, the suspended member shall be removed from office by the Governor.
(6) For the purposes of this section, sitting days shall be counted, whether or not they occur during the same session.

21. the Governor may, subject to section 14, appoint a person to the of

On the occurrence of a vacancy in the office of a member. Filling

vacancy.

vacant office.

22. No matter or thing done by the Board, a member or any Protection

other person acting under the direction or as a delegate of the Fabffity Board shall, if the matter or thing was done in good faith for the (.f 1902

purpose of executing this Act, subject a member or p erson No. 31,

personally to any action, liability, claim or demand.

's. 7 (8).

23.

(1) In this section—

Preserva

tion of

“statutory body” means any body declared under section 25 nfembers.

to be a statutory body for the purposes of this Division;

Act No. 89, 1979.

Public Service.

“superannuation scheme” means a scheme, fund or arrange ment under which any superannuation or retirement benefits are provided and which is established by or under any Act.

(2)

Subject to subsection (5) and to the terms of his

appointment, where a member was, immediately before his

appointment as a member—

(a) an officer of the Public Service;

(b) an officer employed by a statutory body;

(d)	a person in respect of whom provision was made by an Act that he retain any rights accrued or accruing to him as an officer or employee,

he—

(e)	shall retain any rights accrued or accruing to him as such an officer, contributor or person;
(f)	may continue to contribute to any superannuation scheme to which he was a contributor immediately before his appointment as a member; and
(g)	shall be entitled to receive any deferred or extended leave and any pension or gratuity,

as if he had continued to be such an officer, contributor or person

during his service as a member.

(3)	A person’s service as a member shall be deemed to be

service as an officer or employee for the purposes of any law under which rights accrued or were accruing, under which he continues to contribute or by which he is entitled, as referred to in subsection

( 2 ) .

(4)	A member shall be deemed to be an officer or

employee for the purpose of the superannuation scheme to which

he is entitled to contribute under this section.

Act No. 89, 1979.

Public Service.

(5) If a member—

(a)	would, but for this subsection, be entitled under subsection (2 ), to contribute to a superannuation scheme, or to receive any payment, pension or gratuity under a superannuation scheme; and

(b)

he ceases to be so entitled and the provisions of subsection (4)

cease to apply to or in respect of him.

becomes a contributor to another superannuation scheme (whether upon his appointment as a member or at any later time while he holds office as a member),

(6) Subsection (5) does not prevent the payment to a member upon his ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him if he had ceased, by reason of his resignation, to be an officer or employee for the purposes of that scheme.

(7) A member is not, in respect of the same period of

service, entitled to claim a benefit under this Act and another Act.

24.

(1) In this section—

Member

entitled to

. .

re-appoint-

retirmg age

means—

ment in former

(a)

in relation to a person who was, immediately employment, of the Public Service—the age of 60 years; and

(b)

in relation to a person who was, immediately before his appointment as a member, an officer or employee of a statutory body—the age at which officers and employees (being officers or employees of the class to which that person belonged immediately before his appointment as a member), as the case may be, of that statutory body are entitled to retire;

“statutory body” means any body declared under section 25

to be a statutory body for the purposes of this Division.

Act No. 89, 1979.

Public Service.

(2) A person who ceases to be a member by reason of the expiration of his term of office or his resignation is, if he has not attained the retiring age, entitled to be appointed, where, immediately before his appointment as a member, he was—

(a) an officer of the Public Service-

-to some position in the

Public Service: or

(b) an officer or employee of a statutory body-

-to some

position in the service of that body.

not lower in classification and salary than that which he held

immediately before his appointment as a member.

(3) The Board shall make a recommendation to the Minister respecting the appointment of a person to a position pursuant to subsection (2) (a), but the appointment need not be made in accordance with that recommendation.

(4) A member who is a person referred to in subsection (2) may not participate in a decision of the Board in relation to a recommendation respecting his appointment to a position pursuant to subsection (2) (a).

(5) An appointment pursuant to subsection (2) (a) shall

be made by the Governor on the recommendation of the Minister.

(6) Nothing in this section prevents the appointment of a person who ceases to be a member by reason of the expiration of his term of office or his resignation, and who has attained the age of 60 years, from being appointed to some position in the Public Service subject to and in accordance with this Act.

Declaration 25. The Governor may, by proclamation published in the bodies*̂ °̂*̂ ̂ Gazette, declare any body constituted by or under any Act to be a

'	statutory body for the purposes of this Division.

Presump

26.

In proceedings by or against the Board, no proof shall be

tions.

required (until evidence is given to the contrary) of— (a) the constitution of the Board;

1 ;;

Act No. 89, 1979.

Public Service.

(b) the passing of any resolution of the Board;

(d)	the presence of a quorum at any meeting of the Board

D iv isio n 3.— Procedure at meetings of the Board.

27. Two members constitute a quorum at any meeting of the Quorum.

Board.

No. 31,

■

s. 7 (4).

28. all meetings of the Board at which he is present.

(1) The person appointed as Chairman shall preside at presiding

member.

(2) If the person appointed as Chairman is not present at a meeting of the Board, the person (if any) appointed to act as Chairman under section 18 shall preside at that meeting.

(3) If neither of the persons referred to in subsections (1) and (2) is present at a meeting of the Board, the member chosen by the members present at that meeting shall preside at that meeting.

(4) Subject to sections 29 and 30—

(a)	a duly convened meeting of the Board at which a quorum is present is competent to transact any business of the Board;
(b)	questions arising at a meeting of the Board shall be determined by a majority of votes of the members present and voting; and
(c)	the person presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

29. If at any meeting of the Board, at which 2 members only Meetings,

are present, neither of whom is the Chairman or the person cf. I9I9 appointed under section 18 to act as Chairman, those members ^7 (5')’

Act No. 89, 1979.

Public Service.

differ in opinion upon any matter, the determination of the matter shall be postponed to a meeting at which the Chairman or that person is present.

Special	30.	If the Chairman disapproves of the decision of the Board,
powers of

Chairman.	being a decision in favour of which he has not voted, with respect
cf. 1919	to any matter (whether the Chairman was or was not present when
No. 31,	the decision was'given)—
s. 7 (5a).

(a)	the matter shall be deferred for not less than 24 hours after the decision, or, if the Chairman was not present when the decision was given, for not less than 24 hours after it has been brought to his knowledge by communi cation in writing when the matter shall again be brought before the Board;
(b)	if the Chairman again disapproves of the decision of the Board, being a decision in favour of which he has not voted, the matter shall be determined according to the deliberate judgment of the Chairman, irrespective of the decision of the other members; and

(i) the Chairman shall enter or cause to be entered in the minutes of the proceedings of the Board his reasons at length for so determining the matter, and shall forward to the Minister a certified copy of the minute; and

(ii) any other member may also enter or cause to be entered in the minutes his reasons against the disapproval of the Chairman, and may forward to the Minister a copy of the minute.

31. The Board shall cause a record of its decisions and full

Minute*.

and accurate minutes of the proceedings at its meetings to be kept.

General

^2.

The procedure for the calling of, and for the conduct of

procedure,

business at, meetings of the Board shall, subject to this Act, be as

determined by the Board.

Act No. 89, 1979.

Public Service.

D ivision 4.—Functions of the Board generally.

33.

(1) The Board shall have and may exercise—

General functions

(a)	the functions conferred or imposed on it by or under of the this or any other Act; and Board.
(b)	such other functions with respect to the administration and management of the Public Service as the Governor, by order published in the Gazette, determines, not (subject to subsection (3 )) being functions that are the functions of a Department Head.

(2) The Board may give advice and make recommenda tions to the Minister on the administration of this Act.

(3) Functions that would, but for this section, be the functions of a Department Head may be the subject of an order under subsection (1) (b) if the Minister certifies to the Governor that the functions require co-ordination or uniform management in connection with more than one Department.

(4) While an order under subsection (1) (b) is in force in relation to functions of the kind referred to in subsection (3), those functions shall, to the extent that the order so provides and subject to section 35. not be the functions of the Department Head, and references in this Act in relation to those functions to the Department Head shall accordingly be read and construed as references to the Board.

(5) Such staff as may be necessary to enable the Board to exercise its functions or to assist the Board in the exercise of its functions shall be employed under this Act.

(6) Without limiting the operation of any other provisions

of this Act, the Board may, by its members, officers or delegates—

(a) enter the premises of any Department;

(b)	require the production of and examine any documents in the custody of any member of the staff of any Department; and
(c)	require any member of the staff of any Department to answer questions,

for the purpose of enabling the Board to exercise its functions.

Act No. 89, 1979.

Public Service.

(7)	The powers conferred by subsection (6) shall not be

exercised in relation to a Department except after consultation

with the appropriate Department Head.

Directions	34. (1) The Board shall comply with any directions given
to Board by

Governor-	to it by the Govemor with respect to the exercise of its functions,
in-Council.	except in relation to—

(a)	the contents of a recommendation or report made by the Board; or

(b) the Board’s functions relating to—

(i) the determination of salaries, conditions of work, classification of work, gradings of officers, or any other industrial matters;

(ii) the appointment, promotion or discipline of any particular person; or

(iii) the hearing or determination of an appeal to the Board.

(2) A direction referred to in this section shall be given by order published in the Gazette.

Delegation

35. (1) This section applies to the functions conferred or

by Board.

imposed on the Board by or under this or any other Act, but does

not apply to—

(a) the power of delegation conferred by this section;

(b)	the function conferred or imposed by section 83, or by or under any other law, of entering into agreements relating to any industrial matters; and

(2) The Board may, by instrument in writing, delegate—

(a)

in any case (including a case referred to in paragraph

(b )) ,

to—

(i) a member of the Board;

(ii) a Department Head; or

(iii) an officer employed in the Administrative Office of the Board; or

Act No. 89, 1979.

Public Service.

(b)	in the case of its functions in relation to an efficiency audit, special inquiry or disciplinary inquiry, to—

(i) an officer not employed in the Administrative Office of the Board; or

(ii) with the approval of the Minister—any other person,

the exercise of such of the functions to which this section applies as may be specified in the instrument of delegation, and may, by such an instrument, revoke wholly or in part any such delegation.

(3) Any function the exercise of which has been dele gated under this section may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation—•

(a) by the delegate; or

(b)	except in the case of a delegation to a person referred to in subsection (2) (b) (ii)—by the person for the time being acting in the place of the delegate.

(4) A delegation under this section may be made subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation.

(5) Without limiting the generality of subsection (4), where, under this section, the Board delegates to any person any of its functions relating to the promotion of officers, being a function conferred on it under section 33 (1) (b), the delegation shall be subject to the condition that the delegate shall not exer cise the function so as to promote an officer to a position if that officer is not, according to the rules governing the seniority of officers, the most senior officer eligible for promotion to that position.

(6) Notwithstanding any delegation under this section, the Board may continue to exercise all or any of the functions delegated.

(7) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section and within the terms of the delegation shall have the same force and effect as if the act or thing had been done or suffered by the Board.

Act No. 89, 1979.

Public Service.

(8) A delegation under this section may be made to 2 or more persons jointly, or to one person only.

(9) Notwithstanding anything in this section, where the Board makes a delegation under this section in relation to—

(a)	a special inquiry connected with a breach of discipline that may have been committed by a Special Division officer; or

(b) a disciplinary inquiry,

the decision of the case shall be determined by the Board.

PART III.

T h e

P u b l ic

S e r v ic e

o f

N e w

So u t h

W a l e s .

D ivision 1.—Nature and organisation of the Public Service.

The PuUic	36.	The Public Service of New South Wales consists of the
Service.

persons who are for the time being employed under Part IV.

Maximiun	37.	(1) The maximum number of staff to be employed in a
Slumber of

staff of	Department shall be as determined from time to time by the
Depart	Minister, after receipt by him of a report from the Board, being
ment.	such number as he determines to be necessary for the efficient, effective and economical management of the functions and activities of the Department.

(2)	Before making a report to the Minister under sub

section (1) in relation to a Department, the Board shall obtain a

report from the appropriate Department Head.

38. (1) The staff establishment of a Department shall consist

Staff

establish-

menL

fa) tlic position (if any) created under section 45 in relation to the Department; and

(b)	such other positions, classified and graded by the Board, as are determined from time to time by the Board.

Act No. 89, 1979.

Public Service.

(2) The Board shall ensure that the number of positions on the staff establishment of a Department is not lower than the number of staff for the time being determined under section 37 in relation to the Department.

(3) A position created under section 45 shall not be abolished by the Board nor shall the title of such a position be changed by the Board, and no other position on the staff establish ment of a Department shall be created, abolished or otherwise dealt with under this section except after consultation with the appropriate Department Head.

(4) The Board may establish, abolish or change the name of any branch of a Department, but may not abolish or change the name of any branch as established by the Governor under section 49 of the Constitution Act, 1902.

(5) Where the Governor removes a branch from any Department and adds it to another Department under section 49 of the Constitution Act, 1902—

(a)	so much of the staff establishment of the firstmentioned Department as relates to the branch becomes correspond ingly part of the staff establishment of the other Department; and
(b)	the staff of the branch continue to occupy their positions in the branch but as members of the staff of that other Department.

(6) In this section, ‘‘branch” means a branch or other part

of a Department.

39. divided into 5 principal Divisions, namely :—

(1) The Public Service is, for the purposes of this Act, Divisions

Publfc

(a) the Special Division;

Service.

( b )

the Professional Division;

No. 31,

ss. 21, 26a .

(d) the Educational Division;

(e) the General Division.

Act No. 89, 1979.

Public Service.

(2) The Board shall, from time to time, classify officers of the Public Service into those Divisions.

(3) Subsection (2) does not apply to the Special Division or Special Division officers.

Special

40. The Special Division shall include all officers who are

Division.

Department Heads occupying positions created under section 45.

Profes	41. The Professional Division shall include all officers in the
sional

Division.	Public Service whose positions or duties in the opinion of the Board
cf. 1902	require in the persons holding or performing them some special
No. 31,	skill or technical knowledge, usually acquired only in some profes
s. 23.	sion or occupation different from the ordinary routine of the Public Service.

Administra	42.	The Administrative and Clerical Division shall include all
tive and

Clerical	such officers in the Public Service as the Board from time to time
Division.	directs to be included in that Division.
cf. 1902 No. 31, s. 24.

Educa	43.	The Educational Division shall include all such officers in
tional

Division,

the Public Service employed in the work of public instruction as

cf. 1902

the Board from time to time directs to be included in that Division.

No. 31,

s. 25.

General	44.	The General Division shall include all officers in the Public
Division.

cf. 1902	Service not included in the Special, Professional, Administrative
No. 31.	and Clerical or Educational Divisions.
s. 26.

D ivision

2 .— Department Heads,

Creation of	45.	(1) Each position specified in Column 2 of Schedule 1
Department

Head	shall be deemed to be created by virtue of this Act.
positions.

Act No. 89, 1979.

Public Service.

(2)

Where the title or other description of a position is

omitted from Column 2 of Schedule 1, the position shall be deemed

to be abolished by virtue of this Act.

(3)	Where this Act is amended by amending the title or

other description of a position appearing in Column 2 of Schedule 1, the title or other description of the position shall be deemed to be correspondingly amended by virtue of this Act.

(4)	Subsection (2) does not affect the powers of the

Board under section 38 (1) in relation to the staff establishment of a Department.

46. (1) The person (not being a temporary employee) Department

holding the position specified in Column 2 of Schedule 1 opposite Heads,

the name or description of a Department shall, for the purposes

of this Act, be the Department Head in relation to that Department.

(2) The person (not being a temporary employee) holding the position specified in Column 2 of Part 1 of Schedule 2 opposite the title or other description ot a body, organisation or group shall have the status of a Department Head and shall, for the purposes of this Act, have and may exercise the functions of a Department Head in relation to the Administrative Oflice cc.icerned.

(3)	The person (not being a temporary employee)

holding the position specified in Column 2 of Part 2 of Schedule 2 opposite the title or other description of a body, organisation or group shall, for the purposes of this Act, have and may exercise the functions of a Department Head in relation to the .Administrative Office concerned.

Act No. 89, 1979.

Public Service.

(4) For the purposes of this Act, a reference in Schedule 1 or 2 to a body, organisation or group shall be deemed not to include a reference to any part thereof specified separately in either of those Schedules.,

(5) Notwithstanding anything in this Act, any recommen dation or other act, matter or thing, required by or under this Act to be made or done by a person who is a Department Head (or a person referred to in section 7 (2 )) shall, if it is to be made or done by such a person in relation to—

(a) a position specified in Column 2 of Schedule 2; or

(b) the person holding that position,

be made or done by such Department Head as the Governor, by order published in the Gazette, determines in relation to the position.

(6) A provision contained in any Act enacted before the date of assent to this Act does not have any force or effect to the extent that it would, but for this subsection, operate—

(a) to make a person a Department Head; or

(b)	to authorise or require a person to exercise any functions of a Department Head.

General

47.

(1) A Department Head is responsible to the appropriate

responsi- Minister for the general conduct and the efficient, effective and Department economical management of the functions and activities of the

Head.

Department.

(2)	For the purpose of exercising his responsibility under

subsection (1), a Department Head may take such action as he deems apnropriate and as is not inconsistent with the functions of the Board specified in this Act.

Act No. 89, 1979.

Public Service.

48.

power of delegation) conferred or imposed on a Department Head Department

by or under this Act, including any functions the exercise of which Heads,

is delegated to him under this Act.

(1) This section applies to the functions (other than this Delegation

(2) The Department Head may, by instrument in writing, delegate to any officer of the Department the exercise of such of the functions to which this section applies as may be specified in the instrument of delegation, and may, by such an instrument, revoke wholly or in part any such delegation.

(3)	Any function the exercise of which has been delegated

under this section may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation—

(a) by the delegate; or

(b)

if the instrument of delegation so provides and subject to the terms of the delegation—by another officer of the Department authorised by instrument in writing by the delegate in that behalf either generally or in a particular case or class of cases.

(4)	A delegation or authorisation under this section may

be made subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstance, as may be specified in the instrument of delegation or authorisation.

(5)	Without limiting the generality of subsection (4),

where, under this section, the Department Head delegates to any officer any of his functions relating to the promotion of officers.

Act No. 89, 1979.

Public Service.

the delegation shall be subject to the condition that the delegate shall not exercise the function so as to promote an officer to a position if that officer is not, according to the rules governing the seniority of officers, the most senior officer eligible for promotion to that position.

(6)	Notwithstanding any delegation under this section, the

Department Head may continue to exercise all or any of the functions delegated.

(7)	Any act or thing done or suffered by a delegate while

acting in the exercise of a delegation under this section or by another officer duly authorised in that behalf by the delegate shall have the same force and effect as if the act or thing had been done or suffered by the Department Head.

(8)	The Department Head may, by an instrument in

writing, revoke wholly or in part any authorisation of an officer

under this section.

(9)	An authorisation under this section shall be deemed

to be revoked if the relevant delegation is revoked.

(10)	Where the exercise of a function has been delegated

by the Board to a Department Head, this section does not authorise him to sub-delegate the exercise of that function in contravention of any prohibition or limitation on sub-delegation imposed by the Board by the instrument of delegation or by any other instrument in writing.

(11)	Section 40 of the Interpretation Act, 1897, applies

to an authorisation under this section in the same way as it applies

to a delegation.

Act No. 89, 1979.

Public Service.

PART IV.

A d m in is t r a t io n

a n d

M a n a g e m e n t

o f

t h e

P u b l ic

S e r v ic e .

D iv isio n

1.— Special Division officers.

49. ( 1) Where a vacancy exists in any Special Division Filling of

position, the position may be filled—

Special

(a)	by the appointment, by way of transfer or promotion, of positions, an officer, other than a term officer; or
(b)	by the appointment as a term officer of a person who, immediately before his appointment, was not an officer or by the appointment, by way of transfer or promotion, of a term officer,

subject to and in accordance with this Division.

(2)	A temporary appointment may be made under sub

section (1) (a) to a position to have effect while the holder of the

position is suspended, sick or absent.

50. Appointments (whether by way of transfer or promotion or Method of

otherwise), including temporary appointments, to Special Division

positions shall be made by the Governor.

ment.

51. (1) Subject to this Act, a person who was not an officer jg^m of

immediately before he became a Special Division officer—

office of

(a)	shall be appointed for such term, not exceeding 7 years, as is specified in the instrument of appointment; and
(b)	̂ is eligible for re-appointment from time to time, on each occasion for such term, not exceeding 7 years, as is specified in the instrument of re-appointment.

(2)	The provisions of section 23 (subsection (2) (a)

excepted) and section 24 (subsections (2) (a) and (3 )-(6 ) excepted) apply to and in respect of a term officer in the same way as they apply to and in respect of a member of the Board.

Act No. 89, 1979.

Public Service.

Removal of

52.

( 1) The Governor may, for any cause which to him seems (2) The Governor may direct that an officer removed from a Special Division position under subsection (1) shall be an unattached oflicer in the Special Division, and may revoke any such direction.

Special

Division	suOicient, remove an officer from a Special Division position.
officers.
(3) While a direction under subsection (2) remains in force, the person to whom the direction relates shall be deemed to be a Special Division officer, although not holding a Special Division position, and to be entitled to salary at the rate at which it would be payable if he had not been removed from his position.

(4) Where—

(a)	an officer is removed from a Special Division position under subsection (1) and a direction was not given in relation to him under subsection (2); or
(b)	a direction under subsection (2) given in relation to an officer is revoked,

the officer ceases to be a Special Division ofiicer unless he is (subject to and in accordance with this Act) appointed to another Special Division position.

(5) A term officer who ceases to be a Special Division oflicer pursuant to subsection (4) ceases to be an oflicer of the Public Service unless he is (subject to and in accordance with this Act) appointed to another position in the Public Service, and is entitled to such compensation (if any) as the Statutory and Other Offices Remuneration Tribunal determines (which deter mination is hereby authorised to be made).

(6)	An officer referred to in subsection (4) (other than

a term officer) v/ho ceases to be a Special Division officer is. if he has not attained the age of 60 years, entitled to be appointed to some position in the Public Service not lower in classification and salary than that which he held immediately before he became a Special Division officer.

Act No. 89, 1979.

Public Service.

(7) The Board shall make a recommendation to the Minister respecting the appointment of an officer to a position pursuant to subsection (6), but the appointment need not be made in accordance with that recommendation.

(8) An appointment under subsection (6) shall be made by the Governor on the reeommendation of the Minister.

(9) Nothing in this seetion prevents the appointment of a person referred to in sub.seetion (4) who ceases to be a Special Division oflicer, and who has attained the age of 60 years, from beinst appointed to some position in the Public Service subject to and in accordance with this Act.

53. position-

(1) A term officer shall be deemed to have vacated his Vacation of

Division

(a) if he dies;

officer.

(b)	if he is absent from duty for 30 days in any 12 months, except on leave granted by the appropriate Minister;
(c)	if he becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;
(d)	if he is convicted in New South Wales of a felony or misdemeanour which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be a felony or misdemeanour so punishable; or
(e)	if he resigns his position by writing signed by him and delivered to the appropriate Minister and his resignation is accepted by the Governor.

(2)	A Special Division officer (other than a term officer)

shall be deemed to have vacated his position—

(a) if he dies; or

Act No. 89, 1979.

Public Service.

(b)	if he resigns his position by writing signed by him and delivered to the appropriate Minister and his resignation is accepted by the Minister administering this section.

(3)	Nothing in this section affects any other provision by

or under which a Special Division officer vacates his position.

54. (1) A Special Division officer—

Retirement

of Special

Division

(a) may retire from the Public Service upon his attaining the

officers,

age of 60 years; or

cf. 1902 No. 31, s. 66.

(b) may continue in the Public Service after he has attained that age, but—•

(i) may retire from the Public Service; or

(ii) the Governor, on the recommendation of the Minister, may cause him to be retired from the Public Service,

at any time after he has attained that age and before he

attains the age of 65 years.

(2)	A Special Division officer who attains the age of 65

years shall, subject to subsection (3), thereupon retire or be retired

by the Governor.

(3) Where—

(a)	the Board is of the opinion that it is in the public interest that a Special Division officer who is of or above the age of 65 years should continue to perform the duties of his position; and

(b) the officer agrees to continue to perform those duties,

the officer’s retirement may be deferred for a period not exceeding 12 months and thereafter, so long as the officer agrees to continue to perform those duties, from time to time for such periods, not exceeding 12 months, as the Board may fix, but notwithstanding any such deferment the Governor, on the recommendation of the Minister, may cause the officer to be retired at any time.

*'''5‘■

’’.•V - 'iV t'.j

Act No. 89, 1979.

Public Service.

(4) A term officer who is retired under this section is entitled to such compensation (if any) as the Statutory and Other Offices Remuneration Tribunal determines (which determination is hereby authorised to be made).

(5) Nothing in this section extends the term for which a term officer is appointed.

55.

found unfit to discharge or incapable of discharging the duties of

his position, and his unfitness or incapacity appears likely to be of retired,

a permanent character, and has not arisen from actual misconduct cf. 1902

on his part, or from causes within his control, the Governor, on the

recommendation of the Minister, may cause him to be retired.

If a Special Division officer (other than a term officer) is incapable

56.	Each Special Division officer is entitled to be paid—	Remunera
tion of

(a)

remuneration in accordance with the Statutory and Other Special

Offices Remuneration Act, 1975; and

Officers”

(b)

such travelling and subsistence allowances as the Minister may from time to time determine in respect of him.

D iv isio n 2.— Officers {other than Special Division officers).

57. (1) In this Division, “officer” does not include a term Non

officer.	application
to special Division.
(2) Nothing in this Division applies to or in respect of appointments to Special Division positions, and sections 77-79 do not apply to Special Division officers.

58. seniority for the purposes of this Act and the Public Service cf. 1902

( 1 )

This section has effect for the purpose of determining seniority.

(Promotion Appeals) Act, 1902.	No. 31,
s. 20a.

(2)	Except as provided in subsections (3) and (4), an

officer is senior to every other officer on a lower salary than the

firstmentioned officer.

Act No. 89, 1979.

Public Service.

(3) The relative seniority of officers who are within a group of officers prescribed for the purposes of this subsection shall be determined in accordance with the regulations made under section 133 (2) (a).

(4) An officer—

(a)	who is within a group referred to in subsection (3) is senior to any other officer who is within any other such group or who is not within any such group if that officer is on a lower salary than the firstmentioned officer; and
(b)	who is not within any group referred to in subsection (3) is senior to any officer within any such group who is on a lower salary than the firstmentioned officer.

(5) Where, pursuant to this section, the relevant seniority of oflicers is to be determined according to their salaries and 2 or more officers are on equal salaries, the relative seniority of those officers shall be determined in accordance with the regulations made under section 133 (2) (b).

59. (1) The Board shall, whenever by reason of any change

Adminis

trative	occasion requires, but at intervals of not more than 6 months, cause
units,
cf. 1902	to be published in the Public Service Notices a notice containing a
No. 31,	list and declaring—
s. 4a.

(a) that any Department specified in the list;

(b)	that any Department specified in the list, other than any office referred to in paragraph (c) and specified in the list as not forming part of that Department; and
(c)	that any office specified in the list, being an office in which officers are employed,

is an administrative unit for the purposes of this Act.

(2)	Any list published in the Public Service Notices under

subsection (1) ceases to be in force upon the next subsequent

publication in the Public Service Notices of any such list.

Act No. 89, 1979.

Public Service.

(3)	A copy of the Public Service Notices containing a

list and declaration purporting to be a list and declaration referred

to in subsection (1) is evidence that—

(a) any Department specified in the list;

(b)	any Department specified in the list, other than an office specified in the list as not forming part of that Department; or

as the case may be, was on the date of publication of the issue of the Public Service Notices containing the list and declaration an administrative unit for the purposes of this Act and has, in the absence of proof of the publication of a later issue of the Public Service Notices containing such a list and declaration, since remained at all material times such an administrative unit.

(4) A reference in any list published under subsection

(1) to a Department or office is a reference to that Department

or office as established from time to time while the list is in force.

60. Where a vacancy exists in a position in a Department and Filling of

the appropriate Department Head decides it is expedient to fill the

vacancy, the position may be filled—

positions.

(a)	by the appointment, by way of transfer or promotion, of an officer; or
(b)	by the appointment of a person who, immediately before his appointment, was not an officer,

subject to and in accordance with this Division.

61. Except where otherwise provided, appointments (whether Method of

by way of transfer or promotion or otherwise) to positions in the appoint- recommendation of the appropriate Department Head.

67880G-25

Act No. 89, 1979.

Public Service.

4i-scrvice	62.	(1) In this section, “efficiency”, in relation to an officer
appoint

ments.	eligible for appointment to a vacant position, means—
cf. 1902

No. 31.	(a) the possession by that officer of qualifications, deter mined by the Board in respect of that position, for the discharge of the duties of that position and his aptitude for the discharge of those duties; and
S.49.
(b) the merit, diligence and good conduct of that officer.

(2) In deciding to make a recommendation for the appointment of an officer to a vacant position, the appropriate Department Head shall, out of the group of officers eligible for appointment to the vacant position, prefer—

(a)	the officer whose efficiency is, in the opinion of the Department Head, greater than that of any other officer in that group; or
(b)	where, in the opinion of the Department Head, there is no officer in that group entitled to preference under paragraph (a), the officer who, under section 58, is senior to any other officer in that group.

(3) The reference in subsection (2) to an officer being eligible for appointment to a vacant position is a reference—

(a)	except as provided in paragraph (b)—to an officer holding a position in the administrative unit in which the vacant position exists at the time the decision of the Department Head is made; or
(b)	where an invitation to apply for appointment to the vacant position was published in the Public Service Notices or in a newspaper—to any officer who duly made application for appointment to the vacant position.

(4)	A recommendation referred to in subsection (2)

shall not be acted upon untU the expiration of the time for lodging a notice of appeal under Part IIa of the Public Service (Promotion

Act No. 89, 1979.

Public Service.

Appeals) Act, 1902, against the Department Head’s decision to make the recommendation or where such a notice of appeal is lodged within that time until the appeal is determined under that Part.

63. (1) Except as provided in section 64 or 65, no appoint- Outside

ment of a person who is not already an officer in the Public Service

shall be made to a vacant position unless the Board gives a Board’s

certificate under this section.

cf. 1902 No. 31,

(2)	A certificate referred to in subsection (1) shall state— ^ (l/.^^*

(a) the name of the person proposed to be appointed;

(b)	that there is no officer in the Public Service fit, qualified and available for appointment; and

(i) a competitive examination under this Act has been held and the person named is the most successful available candidate; or

(ii) having regard to the nature of the appointment that examination is not required, or may be dispensed with under this Act.

(3) The regulations may prescribe requirements that are

to be complied with before a certificate under this section is issued.

64. ( 1) If it is expedient or desirable in the interests of the OutsMc

Public Service to appoint a person who is not an officer already in ^ent^rPro- the Public Service to the Professional or Educational Division, an fessional or appointment may be made to a vacant position accordingly. jWvSon)"**

special

cases.

(2)	No such appointment shall be made unless the Board cf. 1902

has reported to the Governor that in its opinion there is no officer

in the Public Service fit, qualified and available for appointment ' '

to the position.

Act No. 89, 1979.

Public Service.

(3) All such reports shall be laid before each House of Parliament as soon as practicable after the appointment is made.

(4) An appointment under this section may be made without examination or probation.

Outside

65.

(1) If it is expedient or desirable in the interests of the

appoint ments:	Public Service to appoint to the Professional, Educational,
Teaching	Administrative and Clerical or General Division a person who is
Service.
cf. 1902	then employed under the Teaching Service Act, 1970, an
No. 31,	appointment may be made to a vacant position accordingly.
s. 36a.

(2) An appointment under this section shall be made—

(a)	with the concurrence of the Director-General of Education;

(b) with the written consent of the appointee;

(c)	subject to such conditions (if any) as the Board may specify; and

(d) without examination or probation.

(3) A person ceases to be employed under the Teaching Service Act, 1970, upon his being appointed pursuant to this section.

Medical	66.	A person is not eligible for permanent appointment to the
examina

tion.	Public Service unless he satisfies a medical examination as to his
cf. 1902	health, as provided for by the regulations.
No. 31, 5. 27 (1) (a).

Educa	67. (1) Subject to this Division, a person shall not be
tional

require	appointed to a position as an officer unless he has successfully
ments,	passed the prescribed examination.
cf. 1902 No.
31, ss. 27,

28 (1), (3),

(2) Candidates for employment in the General Division

29-31.

need not be required to pass any examination referred to in

subsection (1).

Act No. 89, 1979.

Public Service.

(3) The regulations may make provision for or with respect to the competitive examination of persons desiring to enter the Public Service, and in particular for or with respect to—

(a)	the nature and standard of the examinations to which candidates are required to submit themselves;
(b)	the times and places at which the examination shall be held, and the manner of holding them; and

(c) any fee (not exceeding $1) to be paid by candidates. (4) For the purposes of examinations referred to in subsection (3), the Board may from time to time appoint such persons as may be required to be examiners to conduct examina tions in the prescribed manner, and each such person shall be appointed for a period not exceeding 12 months at any one time.

(5) Examinations referred to in subsection (3) shall be held separately for the Professional, Administrative and Clerical and Educational Divisions and shall be designed to test the attain ments, fitness and aptitude of candidates for employment in the respective Divisions.

(6) The times and places at which candidates are to comply with the requirements of this Act and present themselves for examination referred to in subsection (3) shall be so arranged that persons living in country districts shall have reasonable facilities in the district in which they live for competing for employment or attempting examinations without the necessity for attendance in Sydney.

(7) Adequate public notice in a Sydney daily newspaper

shall be given of any examination referred to in subsection (3).

6 8 . (1) Subject to this Division, every person admitted to Appoint-

♦he Public Service as an officer shall, in the first instance, b e “ ®"*®9"

appointed to a position on probation for a period of 6 months or ^^190'°No

such longer period as the appropriate Department Head directs. 31, s. 32.

Act No. 89, 1979.

Public Service.

(2) Without affecting any other provision of this Divi sion, an appointment may, if the Board so approves, be made without probation.

(3) The period for which a person is appointed on probation may not be in excess of 2 years, except with the concurrence of the Board.

Confirma	69. (1) Where a person has been appointed to a position
tion or

annulment	on probation under section 68, the Governor may, on the recom
of appoint	mendation of the appropriate Department Head, based on inquiry
ments on
probation.	and report—
cf. 1902 No.

31, s. 32.

(a) after the period of probation—confirm the appointment;

(b) during or after the period of probation-

-annul the

appointment.

(2) If a person’s appointment is annulled under subsec tion (1), he ceases to be an officer unless he is appointed to another position as an officer.

(3) Nothing in section 94 prevents the Governor from exercising at any time his power to annul an appointment under subsection (1).

Appoint	70. (1) An officer who has been retired from the Public (2) An appointment under this section shall be made by the Governor on the recommendation of the Board, and shall not be made except after consultation by the Board with the Head of the Department to which the officer is appointed.
ment of
retired	Service or whose services have been dispensed with under section
officers,	113 may be appointed to a vacant position.
cf. 1902 No. 31, s. 46.
(3) An appointment under this section may be made without examination or probation.

Act No. 89, 1979.

Public Service.

(4)	This section applies to an officer only if he has not

attained the age of 60 years before the Board makes the

recommendation referred to in subsection (2).

71. (1) Except where the Board otherwise directs, every Advertising

vacant position to which an appointment is proposed to be made

under this Division shall be advertised in the Public Service Notices	'
or in such other manner as the Board determines.
(2) Where a Department Head makes a recommendation for an appointment to a vacant position, he shall, as prescribed, furnish to the Board a report as to the manner in which subsection (1) was complied with in relation to the vacancy.

72. (1) The Board shall cause to be published in the Public Publica-

Service Notices at intervals of not more than one month brief ^̂ cIsTons particulars in a form determined by the Board of any decision, to make made under section 62, of a Department Head to make a recom

mendation to the Governor to appoint any officer to fill a vacant under

position, particulars of which have not previously been published	cf. 1902
in the Public Service Notices in accordance with this subsection.	No. 31,
s. 49a.
(2) Any officer who is proceeding on duty outside the State for a period exceeding 6 weeks or on leave for a period exceeding 6 weeks, and who has made application, in the prescribed form, to the appropriate Department Head, is entitled to have sent to him during that period by the Department Head, by pre-paid post addressed to him at the address specified in that application, a copy of all Public Service Notices published during that period.
(3) Each Department Head shall, in accordance with the regulations, notify the Board of all recommendations made by him of the kind referred to in subsection (1).

73. Division and the Administrative and Clerical Division called the

(1) There shall be 2 series of grades in the Professional Higher and

higher and lower grades.

cf. 1902

No. 31,

s. 48.

Act No. 89, 1979.

Public Service.

(2) Every officer classified in either of those Divisions who is engaged in the performance of work entitling him for the time being to an annual salary of not less than the specified amount applicable to him shall be deemed to be included in the higher grade of that Division.

(3) Every officer classified in either of those Divisions who is engaged in the performance of work entitling him for the time being to an annual salary of less than the specified amount applicable to him shall be deemed to be included in the lower grade of that Division.

(4) A reference in this section to the specified amount is a reference to such amount as may from time to time be determined by the Board, either generally or in respect of officers belonging to any specified class of officers.

Promotion	74.	(1) No person is eligible for promotion from the lower
to higher

grades,	to the higher grades of the Professional Division and Administra
cf. 1902	tive and Clerical Division unless he has obtained the appropriate
No. 31.	qualification.
s. 50.
(2) For the purposes of subsection (1), the appropriate qualification, in relation to either of those Divisions, is whichever of the following qualifications is determined by the Board in respect of that Division :—

(a)	the qualification obtained by passing the examination referred to in subsection (3) for promotion to the higher grades of that Division;
(b)	the qualification obtained by passing such examinations conducted by such institutions as may be determined by the Board, in respect of that Division; or
(c)	the qualification referred to in paragraph (a) together with the qualification referred to in paragraph (b).

(3) The Board shall, from time to time as may appear

necessary, cause examinations for promotions from the lower

to the higher grades in those Divisions to be held by the examiners

Act No. 89, 1979.

Public Service.

appointed under section 67, which examinations shall be open to all officers employed in the lower grades of those Divisions who, at the date on which they present themselves for examination, have been at least 3 years in the Public Service as officers.

75.

76, an officer may be temporarily appointed to a position which is

vacant or the holder of which is suspended, sick or absent.

(1) Notwithstanding section 62 (4) but subject to section Temporary

(2) An appointment of an officer under subsection (1) to a position in a Department shall be made—

(a)	if the officer is already an officer of the Department— by the appropriate Department Head with the concurrence of the Board; or
(b)	if the officer is not already an officer of the Department —by the Board at the request of the appropriate Department Head.

76.

may not, by way of temporary appointment, be employed to

carry out the duties of a permanent position for a period in excess appoint

(1) Except with the approval of the Board, an officer Restriction

of 6 months.

ment.

cf. t902 No.

31, s. 46a.

(2) The Board shall not give its approval for the purposes of subsection (1.) unless it is satisfied that it should be given having regard to the exigencies of the Public Service.

77.

( 1

) An officer—

Retirement of officers.

(a)

may retire from the Public Service upon his attaining cf. 1902 No.

the age of 60 years; or

3 l ,s .66.

(b)

may continue in the Public Service after he has attained that age, but—

(i) may retire from the Public Service; or

Act No. 89, 1979.

Public Service.

(ii) the Governor, on the recommendation of the appropriate Department Head, may cause the officer to be retired from the Public Service,

at any time after he has attained that age and before

he attains the age of 65 years.

(2) An officer who attains the age of 65 years shall, subject to subsection (3), thereupon retire or be retired by the Governor.

(3) Where—

(a)	the Board is of the opinion that it is in the public interest that an officer who is of or above the age of 65 years should continue to perform the duties of his position; and

(b) the officer agrees to continue to perform those duties, the officer’s retirement may be deferred for a period not exceeding 12 months and thereafter, so long as the officer agrees to con tinue to perform those duties, from time to time for such periods, not exceeding 12 months, as the Board may fix, but notwithstand ing any such deferment the Governor, on the recommendation of the appropriate Department Head, may cause the officer to be retired at any time.

78. If an officer is found unfit to discharge or incapable of

Incapable

officer

may be	discharging the duties of his position, and his unfitness or
retired,	incapacity appears likely to be of a permanent character, and has
cf. 1902	not arisen from actual misconduct on his part, or from causes
No. 31,
s. 63.	within his control, the Governor may, on the recommendation of the Board, cause him to be retired.

Vacation	79.	An officer shall be deemed to have vacated his position—
of position.

(a) if he dies; or

Act No. 89, 1979.

Public Service.

(b)	if he resigns his position by writing signed by him and delivered to the appropriate Department Head and his resignation is accepted by the Board.

D ivision 3.— Temporary employees.

80. (1) Where the appropriate Department Head is of the Temporary

opinion that it is necessary to do so, he may, subject to the

regulations, temporarily employ a person who has appropriate no. 3

qualifications to carry out work in the Department.	••44.
(2) The appropriate Department Head, with the con currence of the Director-General of Education and with the written consent of the person concerned, may temporarily employ a person employed under the Teaching Service Act, 1970, to carry out work in the Department and thereupon that person shall cease to be employed under that Act.

(3)	A person referred to in subsection (1) or (2) may

be employed for a period not exceeding 4 months, but may, from time to time, be employed at the end of that period or any sub sequent period for a further period not exceeding 4 months if the Department Head, subject to the regulations, so approves.

(4)	Notwithstanding subsection (3), a person may not be

employed under this section for—

(a) a continuous period in excess of 12 months; or

(b)	2 or more periods that together are in excess of 12 months in any period of 2 years,

except with the concurrence of the Board.

(5)	The services of a temporary employee may be dis

pensed with at any time by the Department Head, after consultation

with the Board.

Act No. 89, 1979.

Public Service.

Division 4.— Industrial matters.

Role of	81.	The Board shall, for the purposes of any proceedings
Board in

industrial	relating to officers or temporary employees, held before a competent
proceed	tribunal having power to deal with industrial matters, be deemed
ings.	to be the employer of the staff of the Public Service.

Determina	82.	(1) Except in so far as provision is otherwise made by
tions.

cf. 1902	law, the salary, wages or other remuneration of officers (other
No. 31,	than Special Division officers) and temporary employees shall be
s. 14.	as may be determined from time to time by the Board.

(2)	An ofiicer or temporary employee may sue for and

recover the amount of his salary, wages or other remuneration the

subject of a determination under this section.

Agree

83. (1) The Board may enter into an agreement with any

ments,	association or organisation representing any group or class of
cf. 1902
No. 31,	officers or temporary employees as to any industrial matters.
s. 14a.
(2) An agreement referred to in subsection (1) shall bind all officers and temporary employees in the class or group affected by the agreement, and no such officer or employee, whether a member of the association or organisation with which the agree ment was entered into or not, shall have any right of appeal against the terms of the agreement.
(3) This section does not apply in relation to the remuneration of or allowances payable to Special Division officers.

Powers of	84. The Board may, by its members, officers or delegates— (a) enter the premises of any Department;
Board.

(b)	require the production of and examine any document in the custody of any member of the staff of any Department; and

T ’

Act No. 89, 1979.

Public Service.

(c)

for the purpose of enabling the Board to exercise its functions

under this Division.

require any member of the staff of any Department to answer questions,

D ivision 5.— Discipline and conduct.

Subdivision

1.— General.

85.

An officer who—

Breaches of

discipline.

(a)

commits any breach of this Act or the regulations;

cf. 19 0 2 No. 31,

(b) engages in any misconduct;	s. 56 (2).
(c) uses intoxicating beverages or drugs to excess;

(d)	wilfully disobeys, or wilfully disregards, any lawful order made or given by a person having authority to make or give the order;
(e)	is negligent, careless, inefficient or incompetent in the discharge of his duties; or

(f) engages in any disgraceful or improper conduct,

is guilty of a breach of discipline.

Subdivision 2.— Special Division officers.

86. Where the appropriate Minister (not being the Minister) Special

reports to the Minister that he has reason to believe, or the appropriate Minister (being the Minister) has reason to believe, that a Special Division officer may be guilty of a breach of discipline, the Minister—^

(a)	shall—if the officer is under suspension under section 89; or

(b)

direct, under section 101, that a special inquiry be conducted in

relation to the matter.

may—if the officer is not under suspension under that section,

48 Act No. 89, 1979.

Public Service.

Punishment	87.	(1) Where an alleged breach of discipline is dealt with by
for breaches

of dis	a special inquiry referred to in section 101 and the officer concerned
cipline,	is found to have committed the breach or admits to the person or
cf. 1902
No. 31,	persons dealing with the breach that he committed the breach, the
s. 56	Governor, on the recommendation of the Board, may—
(5 )-(8 ) .

(a)	approve of the imposition of any one or more of the following punishments, that is to say, that the officer be—

(i) cautioned;

(ii) reprimanded;

(iii) fined;

(iv) except in the case of a term officer—reduced to a lower classification or position in the Public Service, whether or not in the Special Division; or

(b)	dismiss him from the Public Service or direct that he resign, or be allowed to resign, from the Public Service within such period as may be specified in the direction.

(2)	Where the Governor, in the exercise of his powers

under this section, directs that an officer resign, or be allowed to resign, from the Public Service within a period specified in the direction, and the officer does not resign within that period, the Governor, on the recommendation of the Board, may dismiss the officer from the Public Service.

(3)	Without limiting the operation of section 10 of the

Crown Employees Appeal Board Act, 1944, where the Board decides—

(a) to recommend that—

(i) approval be given to the fining of an officer, as referred to in subsection (1) (a) (iii)—that decision shall be deemed to be a decision of the nature referred to in section 10 (1) (d) of that Act;

Act No. 89, 1979.

Public Service.

(ii) he be reduced to a lower classification or position, as referred to in subsection (1) (a) (iv)—that decision shall be deemed to be a decision of the nature referred to in section 10 (1) (b) of that Act; or

(iii) he be dismissed from the Public Service, as referred to in subsection (1) (b) or (2 )—that decision shall be deemed to be a decision of the nature referred to in section 10 (1) (c) of that Act,

notwithstanding that the recommendation has not been

acted on; or

(b)

to recommend that an officer be directed to resign from the Public Service, as referred to in subsection (1) (b) —that decision shall be deemed to be a decision of the nature referred to in section 1 0 (1 ) (e) of that Act.

(4)	An appointment pursuant to subsection (1) (a) (iv)

shall be made by the Governor on the recommendation of the Board, and any other punishment pursuant to subsection (1) (a) shall be imposed by the Board.

88. Where a Special Division officer is convicted in New South punish-

Wales of an offence that is punishable, either on indictment or on ment where summary conviction, by imprisonment for a term of 12 months of a seriouŝ or more, or is convicted elsewhere than in New South Wales of an offence,

offence that, if it were committed in New South Wales, would be

an offence so punishable, the Governor, on the recommendation of s. 6i (i).

the Board, may impose on that officer, or approve of the imposition

on him of, any one or more of the punishments that may be

imposed under section 87 as if that officer had, in accordance with

this Subdivision, been dealt with for a breach of discipline and

were liable to those punishments.

89. that a Special Division officer—

(1) Where the appropriate Minister has reason to believe Suspension.

cf. 1902

‘

No. 31,

(a)	may be guilty of a breach of discipline; or	*• 57.
(b)	is charged with having committed an offence referred to in section 88,

Act No. 89, 1979.

Public Service.

that officer may be suspended from duty by the appropriate

Minister, until the matter has been dealt with.

(2) Subject to the Crown Employees Appeal Board Act, 1944, any salary payable to a person as an officer during his suspension under this section shall be withheld and if—

(a)	he is found, as referred to in section 87 (1), to have committed the breach of discipline or admits, as referred to in that subsection, that he committed the breach; or

(b) he is convicted of the offence,

as the case may be, shall, unless the Governor otherwise directs, be

forfeited unless the salary was due to him before his suspension.

(3)	The suspension of an oflicer under this section may be

removed by the Governor or the appropriate Minister at any time.

(4) The appropriate Minister (not being the Minister) shall report the suspension to the Minister forthwith after imposing the suspension.

Term

90.

Where a term officer is dismissed from the Public Service

ofScers.

under this Subdivision, the term for which he was appointed shall

be deemed to have expired, and no compensation is payable.

Other

91. (1) Nothing in this Subdivision prevents the Governor (2) Where a person ceases to be a Special Division officer pursuant to section 52, a breach of discipline or an offence alleged to have been committed while he was such an officer may only be dealt with as if he had not ceased to be such an officer.

powers

not

from exercising at any time his powers under any provision of this

affected.

Act not contained in this Subdivision.

S u b d i v i s i o n

3 .—

O f f i c e r s

( o t h e r

t h a n

S p e c i a l

D i v i s i o n

o f f i c e r s ) .

Non-	92. Except where expressly provided, nothing in tins

toSpeci:d” Subdivision applies to Special Division officers.

Division.

Act No. 89, 1979.

Public Service.

(9) This section does not apply in relation to any

officer or temporary employee who is an undischarged bankrupt.

(10) Out of the sums deducted under subsection (3) there shall be retained by the Department Head, to be paid by him to the Treasurer for credit of the Consolidated Revenue Fund, an amount equal to 5 per cent (or such other percentage as the Governor may, by order, notify in the Gazette, which order the Governor is hereby authorised to make) of those sums, and the balance of those sums shall be paid to the judgment creditor.

(11) Where a payment is made to a judgment creditor under subsection (10), the Department Head shall forward to the judgment creditor a statement show ing-

fa) the sums deducted under subsection (3) in respect of the judgment from money due to the officer or temporary employee concerned;

(b)	the amount retained by the Department Head under subsection (10) out of those sums; and
(c)	the balance of those sums paid to the judgment creditor under subsection (10).

(12) Upon payment being made under subsection (10) to the judgment creditor, the judgment creditor shall credit the officer or temporary employee concerned with the sums referred to in subsection (11) (a), as shown in the statement forwarded to the judgment creditor, and the judgment in respect of which the payment was made shall for all purposes be deemed to be satisfied to the extent of those sums, as so shown.

(13)

In this section,

‘judgment” includes a judgment

against joint defendants.

132. A document purporting to be an issue of the Public

Service Notices is admissible in evidence in any proceedings, as to including proceedings before a Tribunal, and shall, until the contrary is proved, be deemed to be a copy of an issue of the Notices.

Public Service Notices.

cf. 1902 No. 31, s, 4 (6).

Act No. 89, 1979.

Public Service.

Regulations.

133.

(1) The Board may make regulations, not inconsistent

with this Act, for or with respect to—

(a)	any matter that by this Act or the Public Service (Promo tion Appeals) Act, 1902, is required or permitted to be prescribed; or
(b)	any matter that is necessary or convenient to be prescribed for carrying out or giving effect to—

(i) sections 33 (3) and 39;

(ii) Divisions 2, 3, 4, 6, 7 and 9 of Part IV;

(iii) Subdivisions 3 and 4 of Division 5 of Part IV; and

(iv) Part V and this Part (other than this section).

(2) Without affecting the generality of subsection (1),

the regulations may make provision for or with respect to—

(a)	determining the seniority of officers within any group of officers referred to in section 58;
(b)	determining the seniority of officers whose salaries are equal;
(c)	the procedures to be adopted for selecting as between candidates for vacant positions (other than Special Divi sion positions), but not so as to limit the power of a Department Head to make any recommendation in relation to the filling of a vacancy;
(d)	determining who are fit and proper persons eligible to become temporary employees;

(e) the transfer of officers between Departments;

(f) the hours of attendance of staff;

(g)	the leave which may be granted to staff;
(h)	travelling and subsistence allowances for staff (other than Special Division officers), allowances for the in creased cost of living in distant parts of the State, and other allowances for staff;

Act No. 89, 1979.

Public Service.

(i) the procedures to be adopted consequent on the appoint ment of a person to a position;

(j)

the performance of the duties of suspended, sick or absent staff by other staff;

(k)

the procuring of stores, equipment, materials and services for the Public Service;

(l)

providing for admission into the Public Service in special cases; and

(m)

the procedures in respect of appeals to the Board.

(3)	A provision of a regulation may—

(a)

apply generally or be limited in its application by reference to specified exceptions or factors;

(b)

apply differently according to different factors of a speci fied kind; or

(c)

authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.

(4) A regulation is by this Act required to be approved

by the Governor before taking effect.

(5) The regulations may affix to breaches of any regula

tions, or prescribe for minor offences against discipline, a fine not

exceeding $100, according to the nature and gravity of the offence.

(6) Nothing in the regulations alters or affects any duties

that by any Act are required to be performed.

(7) Notwithstanding anything in subsection (2) (k) or cf. 1902

in the regulations, the Governor may determine and carry out any

methods of procuring stores, equipment, materials and services (h).

for the Public Service, whether or not by way of public tender.

78 Act No. 89, 1979.

P u b lic

S e rv ic e .

Repeals.

1 3 4 .

E a c h A c t

sp ec ified in

C o lu m n

o f S ch ed u le

is ,

to th e

ex te n t

sp ec ified

o p p o site

th a t

A c t

C o lu m n

o f

th a t

S ch ed u le ,

repealed .

Savings,

1 3 5 .

S ch ed u le

6 h as effect.

transitional

and other

provisions.

Secs. 4, 5,	SCHEDULE 1.
45.
D epartments.

Column 1.

Column 2.

Department.

Department Head.

Department of Agriculture

. .

Director-General of the Department.

Department of the Attorney General and

Under Secretary of the Department.

of Justice. Consumer Affairs Department

. .

Director of the Department.

Department of Lands

..........................

Under Secretary of the Department

and Registrar-General.

Department of Decentralisation

. .

Director of the Department.

Ministry of Education

. .

Under Secretary of the Ministry.

Department of Education...........................	Director-General of the Department.
Department of Industrial Relations and	Under Secretary of the Department.

Technology.

Department of Local Government

. .

Under Secretary of the Department

and Registrar-General.

Department of Mineral Resources and

Under Secretary of the Department.

Development.

Police Department

. .

Secretary of the Department.

Premier’s Department	. .	. .	..	Secretary of the Department.
Public Works Department..	..	..	Director of Public Works.
Department of Services	. .	. .	..	Under Secretary of the Department.

Department of Sport and Recreation

Director of the Department.

Department of Technical and Further

Director of the Department.

Education. Department of Tourism

. .

Director of the Department.

Act No. 89, 1979.

P u b l i c

S e r v i c e .

SCHEDULE 1— co n tin u e d . D epartments— c o n tin u e d .

Column 1.

Column 2.

Department.

Department Head.

Ministry of Transport

Under Secretary of the Ministry.

The Treasury

Under Secretary of the Treasury.

Department of Youth and Community

Director of the Department.

Services. Registry of Co-operative Societies..

Registrar of Co-operative Societies.

State Emergency Services

Director of State Emergency Services.

State Fisheries

Director of State Fisheries.

New South Wales Superannuation Office..

Under Secretary of the Office

SCHEDULE 2.

Sec*. 4,6,

46.

Administrative Offices.

Part 1.

Column 1.

Column 2,

Body, organisation or group.

Person exercising functions of

Department Head.

Auditor-General’s Department ..

.. Auditor-General.

Valuer-General’s Department

Valuer-General.

National Parks and Wildlife Service

Director of National Parks and Wildlife.

Corporate Affairs Commission

.. Commissioner for Corporate Affairs.

Corrective Services Commission of New

Chairman of the Commission.

South Wales.

Forestry Commission

Commissioner constituting the Forestry

Commission.

Government Insurance Office of New

General Manager of the Office.

South Wales.

Health Commission of New South Wales..

Chairman of the Commission.

80 Act No. 89, 1979.

Public Service.

SCHEDULE

2— c o n t in u e d .

Administrative

Offices— c o n t in u e d .

Part	1— c o n t in u e d .

Column 1.

Column 2.

Body, organisation or group.

Person exercising functions of

Department Head.

Housing Commission of New South Wales	Chairman of the Commission.
New South Wales Planning and Environ	Chairman of the Commission.

ment Commission.

Public Service Board

. .

Chairman of the Board.

Soil Conservation Service . .

. .

Commissioner of the Service.

State Pollution Control Commission

Director of the Commission.

Stale Superannuation Board

President of the Board.

The Workers’ Compensation Commission

Chairman of the Commission.

of New South Wales.

Part 2.

Column i.

Column 2.

Body, organisation or group.

Person exercising functions of

Department Head.

Central Mapping Authority

. .

Director of the Authority.

Government Stores Department ..

. . Manager of the Department.

Government Printing Office

Government Printer.

Public Trust Office ..

. .

Public Trustee.

Land Commission of New South Wales ..

Chairman of the Commission.

Act No. 89, 1979.

Public Service.

SCHEDULE

2— c o n tin u e d .

A dministrative

Offices— c o n tin u e d .

Part	2—c o n tin u e d .

Column 1.

Column 2.

Body, organisation or group.

Person exercising functions of

Department Head.

Bathurst-Orange Development Corpor

Chairman of the Corporation.

ation. Builders’ Licensing Board

Chairman of the Board.

New Authority.

South

Wales

Meat

Industry

Chairman of the Authority.

Staff under the Western Lands Com

Western Lands Commissioner.

missioner. State Lotteries Office

Director of the Office.

State Dockyard Board of New South

Chairman of the Board.

Wales.

SCHEDULE 3.

Secs. 4, 124.

D eclared A uthorities.

The Board of Fire Commissioners of New South Wales.

The Water Resources Commission.

The Homebush Abattoir Corporation.

The Metropolitan Water Sewerage and Drainage Board.

The Local Government Superannuation Board.

The Department of Main Roads.

The Rural Bank of New South Wales.

The Maritime Services Board of New South Wales.

The Hunter District Water Board.

The Broken Hill Water Board.

Act No. 89, 1979.

Public Service.

SCHEDULE

3— c o n t in u e d .

D eclared

A uthorities— c o n t in u e d .

The Electricity Commission of New South Wales.

The Department of Motor Transport.

The Grain Elevators Board of New South Wales.

The Sydney Farm Produce Market Authority.

The Sydney Cove Redevelopment Authority.

The Dairy Industry Authority of New South Wales.

The Metropolitan Waste Disposal Authority.

The New South Wales Retirement Board.

The Public Transport Commission of New South Wales.

The Totalizator Agency Board.

The Greyhound Racing Control Board.

The Trotting Authority of New South Wales.

The Traffic Authority of New South Wales.

The Electricity Authority of New South Wales.

The Fish Marketing Authority.

The Zoological Parks Board of New South Wales.

Sec. 9.

SCHEDULE 4.

Exclltded Positions.

Judge of the Supreme Court. Judge of the District Court. Master (under the Supreme Court Act, 1970).

Public Trustee.

Director of State Lotteries.

Crown Prosecutor.

Public Defender.

Any position to which an appointment may be made under the Police

Regulation Act, 1899.

Any position of officer of either House of Parliament or any position under the separate control of the President or Speaker, or under their joint control.

Act No. 89, 1979.

Public Service.

SCHEDULE

Sec. 134.

R e p e a l s .

Column 1.

Column 2.

Year and

number of

Short title of Act.

Extent of repeal.

Act.

43 Vic. No. 23 Public Instruction Act of 1880 ..

Sections 3 and 23.

1902, No. 31

Public Service Act, 1902

The matter in section 1 relating

to Parts II and III.

Sections 2 and 3.

Section 4 (2), (5) and (6).

Sections 4a, 5, 5a and 6.

Part II.

Part III.

Schedule titled “Repeal o f A cts”.

1903, No. 8

Public Service (Superannuation)

The whole Act.

Act, 1903.

1908, No. 10 Public Service (Superannuation)

The whole Act.

Act, 1908.

1910, No. 21

Public Service (Amendment) Act,

The whole Act.

1910.

1912, No. 56

Public Service (Amendment) Act,

The whole Act.

1912.

1915, No. 40

Public Officers) Act, 1915.

Service

(Temporary

The whole Act.

1919, No. 43

Public Service (Amendment) Act,

The whole Act.

1919.

1923, No. 13

Public Trustee (Amendment) Act,

Section 5.

1923.

1929, No. 10

Public Service (Amendment) Act,

The whole Act.

1929.

1932, No. 30

Public Service (Amendment) Act,

The whole Act.

1932.

1934, No. 59

Charitable Collections Act, 1934 Section 20 (2).

1935, No. 14 Supreme Court and Circuit

The whole Act.

Courts (Prothonotary) Amend

ment Act, 1935.

1937, No. 9

Industrial Arbitration (Amend

Section 13 (1).

ment) Act, 1937.

1937, No. 35

Statute Law Revision Act, 1937 So much of the Second Schedule as amended Act No. 31, 1902, Act No. 21, 1910, Act No. 56, 1912, Act No. 43, 1919, and Act No. 10, 1929.

1944, No. 19

Public Service (Amendment) Act,

The whole Act.

1944.

1947, No. 3

Justices (Amendment) Act, 1947 Section 3.

1948, No. 22 Supreme Court and Circuit

Section 2 (2).

Courts (Prothonotary) Amend

ment Act, 1948.

84 Act No. 89, 1979.

Public Service.

SCHEDULE 5— continued.

R e p e a l s —-continued.

Column 1.

Column 2.

Year and

number of

Short title of Act.

Extent of repeal.

Act.

1949, No. 5

Public Service (Amendment) Act,

The whole Act.

1949.

1953, No. 1

Public Service (Inquiries) Amend

The whole Act.

ment Act, 1953,

1953, No. 12

Public Service (Amendment) Act,

The whole Act.

1953.

1955, No. 1

Public Service (Amendment) Act,

The whole Act.

1955.

1955, No. 27

Public

Service

and

Other

Section 2.

Statutory Bodies (Long Service

Leave) Act, 1955.

1956, No. 37

Public

Service

and

Other

Section 2(1).

Statutory Bodies (Extended

Leave) Act, 1956.

1957, No. 21

Public

Service

and

Other

Section 2.

Statutory Bodies (Extended

Leave) Act, 1957.

1957, No. 28

Attachment of Wages Limitation

Section 5.

Act, 1957.

1958, No. 5

Public

Service

and

Other

Section 2.

Statutory Bodies (Extended

Leave) Act, 1958.

1959, No. 5

Public

Service

and

Other

Section 2.

Statutory Bodies (Extended

Leave) Act, 1959.

1960, No. 19

Public

Service

and

Police

Section 2.

Regulation (Amendment) Act,

1960.

1961, No. 29

Industrial

Arbitration

(Basic

So much of the First Schedule as

Wage) Amendment Act, 1961.

amended Act No. 31, 1902.

1961, No. 62

Public Service and Statutory

The whole Act.

Salaries Adjustment (Amend

ment) Act, 1961,

1963, No. 50

Public Service and Other Stat- Sections 2, 3 and 4.

utory Bodies (Extended Leave)

Amendment Act, 1963.

1964, No. 37

Industrial Arbitration (Amend- So much of the First Schedule as

ment) Act, 1964.

amended Act No. 31, 1902.

1965, No. 33

Decimal Currency Act, 1965

So much of the First Schedule as

amended Act No. 31, 1902.

The matter in the Second Schedule relating to Act No. 43, 1919.

Act No. 89, 1979.

Public Service.

SCHEDULE 5— continued.

R e p e a l s —

continued.

Column 1.

Column 2.

Year and

number of

Short title of Act.

Extent of repeal.

Act.

1967, No. 71

Public Service and Other Stat

Section 2.

utory Bodies (Extended Leave)

Amendment Act, 1967.

1967, No. 86

Industrial

Arbitration

(Basic Section 5 (2).

Wage) Amendment Act, 1967. The matter in the First Schedule

relating to Act No. 31, 1902.

1969, No. 60

Public Defenders Act, 1969

. .

Section 5.

1969, No. 64

Public Service (Amendment) Act,

The whole Act.

1969.

1970, No. 4

Teaching Service Act, 1970

Section 47 (3).

1971, No. 6

Public Service and Other Stat

Section 2.

utory Bodies (Extended Leave)

Amendment Act, 1971.

1972, No. 37

Public Service (Amendment) Act,

The whole Act.

1972.

1973, No. 28

Public Service (Amendment) Act,

The whole Act.

1973.

1974, No. 14

Public Service (Amendment) Act,

The whole Act.

1974.

1974, No. 72

Technical and Further Education So much of Schedule 2 as

Act, 1974.

amended Act No. 31, 1902.

1974, No. 86

Public Employees

Service

and

Crown

Sections 3 and 4 (b), (c) (i)-(v)

Appeal

Board

and (d)-(n).

(Amendment) Act, 1974.

1974, No. 87

Public Service (Further Amend

The whole Act.

ment) Act, 1974.

1975, No, 27

Teacher Housing Authority Act, So much of the' Schedule as

1975. amended Act No. 31, 1902.

1975, No. 38

Public Servant Housing Authority So much of the Schedule as

Act, 1975.

amended Act No. 31, 1902.

1976, No. 4

Statutory

and

Other Offices So much of Schedule 5 as relates

Remuneration Act, 1975.	to sections 5 (1), 7 (9) and
8 (2) (b) of Act No. 31, 1902.

1977, No. 76

Public Service (Amendment) Act,

The whole Act.

86 Act No. 89, 1979.

Public Service.

Sec. 135.

SCHEDULE 6.

Savings, Transitional and Other Provisions.

Interpre	1. (1 ) In this Schedule—
tation.

“appointed day” means the day appointed and notified under section

2 ( 2 ) ;

“former Board” means the Public Service Board appointed under the

Public Service Act, 1902;

“new Board” means the Board established by this Act.

(2 )	In this Schedule, a reference to a subclause is, unless a contrary

intention appears, a reference to a subclause of the clause in which the

reference occurs.

Former

The persons holding office as members of the former Board imme

members	diately before the appointed day cease to hold office as such on the
cease to
hold office.	appointed day.

Rights of

(1 ) A person holding office as a member of the former Board

former	immediately before the appointed day is—
members.

(a) if—

(i) he is not appointed as a member under this Act with effect from the appointed day; or

(ii) he is appointed as a member under this Act and his term of office as such expires, or he resigns, without his being re-appointed with effect from the expiry of the term or the time his resignation takes effect; and

(b) if he has not attained the age of 65 years,

entitled to be appointed to some position in the Public Service.

(2 ) The salary payable to a person referred to in subclause (1) shall not be lower than such salary as the Statutory and Other Offices Remuneration Tribunal from time to time determines in relation to him (which determination is hereby authorised to be made).

(3 ) A determination under subclause (2 ) shall be made so as to maintain, as far as practicable, the relationship existing immediately before the appointed day between the rate of salary payable to the person con cerned and the rates of other relevant salaries.

Act No. 89, 1979.

Public Service.

SCHEDULE

6— c o n t in u e d .

Savings, Transitional and Other Provisions— c o n t in u e d .

(4) Pending the making of a determination under subclause (2), a person referred to in subclause (1) shall continue to be paid at his existing rate of salary.

(5) The provisions of section 24 (3 )-(5 ) apply to an appointment pursuant to this clause in the same way as they apply to an appointment pursuant to section 24 (2) (a).

4. in any other Act to the “Public Service Act, 1902” shall be read and to Public

(1) Subject to this clause, on and from the appointed day, a reference References

construed as a reference to the “Public Service Act, 1979”.	Act, 1902.
(2) Subclause (1) does not apply where the reference is made exclusively in connection with a provision of the Public Service Act, 1902, not repealed by this Act or is made exclusively in connection with a Promotions Appeal Tribunal.

(3) Subclause (1) does not apply to the Public Service (Promotion

Appeals) Amendment Act, 1979.

or in any other instrument of any kind (enacted, made or executed before to former

the appointed day) to the Board constituted by the Public Service Act, Board.

1902, shall be read and construed as a reference to the Board constituted

by this Act.

(1) A reference in any Act, in any instrument made under any Act References

(2) The new Board is a continuation of, and the same legal entity

as, the former Board.

6. (1) Any officers and employees appointed or employed under the Staff.

Public Service Act, 1902, shall be deemed to be officers and temporary employees respectively employed under this Act.

(2) Where any procedures have been commenced before the appointed day in relation to the filling of a vacancy in the Public Service or the appointment of a person to any position in the Public Service, the procedures may be completed within 6 weeks after the appointed day as if this Act had not been enacted.

88 Act No. 89, 1979.

Public Service.

SCHEDULE

6— c o n t in u e d .

Savings, Transitional and Other Provisions— c o n t in u e d .

(3) The certificate of the Board as to the time when procedures referred to in subclause (2 ) were commenced shall, unless the contrary is established, be taken for all purposes to be conclusive.

(4) Where any procedures are completed pursuant to subclause (2) in relation to any act, matter or thing, then for the purposes of and in connection with any appeals those procedures shall be deemed to have been completed before the appointed day.

(5 ) Nothing

subclauses

( 2 ) - ( 4 )

prevents

any

procedures

referred to therein from being completed (wholly or in part) in

accordance with this Act (this clause excepted).

Permanent

A reference in any Act, in any instrument made under any other Act

Heads.

or any other instrument of any kind (enacted, made or executed before the appointed day) to the Permanent Head of a Department shall, subject to section 46 (6 ) , be read and construed as a reference to the appropriate Department Head.

Staff

The staff establishments of the Departments and the Administrative

establish	Offices, as in existence immediately before the appointed day, shall be
ments.	deemed to have been determined pursuant to section 38.

Admini

Any list and declaration in force under section 4a of the Public Service

strative	Act, 1902, immediately before the appointed day shall be deemed to be in
units.	force under section 59.
Divisions.	10. The persons included in the various Divisions mentioned in sections 23-26 of the Public Service Act, 1902, immediately before the appointed day shall, subject to this Act, be deemed to be members of the correspond ing Divisions under this Act, until classified under this Act.

Public

11.

A reference in this Act to Public Service Notices includes a reference

Service	to Public Service Board Notices, as referred to in the Public Service Act,
Board
Notices.	1902, issued before the appointed day.

Act No. 89, 1979.

Public Service.

SCHEDULE

6— c o n t in u e d .

Savings,

Transitional and Other Provisions— c o n t in u e d .

12. Any determinations and agreements made or entered into by the Deter-

former Board under the Public Service Act, 1902, shall be deemed to minations

have been made or entered into under this Act.

agreements.

13. (1 ) Divisions 5 and 6 of Part IV apply to and in respect of acts and Discipline,

omissions committed or alleged to have been committed before as well as

on or after the appointed day.

(2 ) Any disciplinary proceedings pending under the Public Service Act, 1902, immediately before the appointed day shall be deemed to be pending under this Act and may be continued, heard and disposed of accordingly.

(3) Any suspension in force under section 57 of the Public Service Act, 1902, immediately before the appointed day shall be deemed to have been imposed under the appropriate provision of this Act.

14.

1902, immediately before the appointed day shall be deemed to be pending

under section 116, and may be heard and determined accordingly.

Any appeals pending under section 19 of the Public Service Act, Appeals.

15.

Act, 1902, shall be deemed to have been done or omitted under section

131.

Anything done or omitted under section 56a of the Public Service Judgments.

16. deemed to be a person retired under this Act.

Any person retired under the Public Service Act, 1902, shall be Retire-

ments.

17.

or of any other enactment does not affect any right to any pension, annual

superannuation or retiring allowance.

The repeal by this Act of Part III of the Public Service Act, 1902, Pensions,

18. tion, award, agreement or any other instrument or document whatever, o f to Clerical

In the construction, and for the purposes of any Act, by-law, regula- References

the same or a different kind or nature, any reference to, or to be read and Division, taken to refer to, the Clerical Division of the Public Service shall be a cf. 1963 reference to, or be read and taken to refer to, the Administrative and Clerical

Division of the Public Service.

Act No. 89, 1979.

Public Service.

SCHEDULE

6— c o n t in u e d .

Savings,

Transitional and Other Provisions— c o n t in u e d .

Regulations 19. Any regulations in force under the Public Service Act, 1902, immedi- under Public ately before the appointed day shall to the extent that they could have Service Act, been made on or after that day be deemed to have been made under this

1902-

Act.

Regulations.

20. (1 ) The Governor may make regulations containing other provisions

of a savings or transitional nature consequent on the enactment of this Act.

(2) A provision made under subclause (1 ) may take effect as from

the appointed day or a later day.

(3 ) To the extent to which a provision referred to in subclause (1 ) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

(a)	to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication therein; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to he done before the date of its publication therein.

(4) A provision made under subclause (1 ) shall, if the regulations under this clause so provide, have effect notwithstanding the foregoing clauses of this Schedule (clause 3 excepted).

(5 )	A reference in any provision of this Act (this clause excepted) to

regulations does not include a reference to regulations made under this

clause.