Public Service Act Amendment Act 1947 (WA)

PUBLIC SERVICE.

11° GEO. VI., No. XVI.

No. 16 of 1947.

AN ACT to amend Section sixty-three of the Public

Service Act, 1904-1935.

[Assented to 1st November, 1947.]

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

1. (1) This Act may be cited as the Public Service	Short title
and citation.

Act Amendment Act, 1947, and shall be read as one with	cf. No. 23 of
1935, s. 6.
the Public Service Act, 1904-1935 (Act No. 41 of 1904 as reprinted with amendments in the Appendix to the Ses- sional Volume of the Statutes for the year 1930, and amended by Act No. 28 of 1935), hereinafter referred to as the principal Act; and the principal Act, as amended by this Act, may be cited as the Public Service Act, 1904-1947.

No. 16.] Public Service. [1947.

Commence-

ment. (2) This Act shall come into operation on a day to be

fixed by proclamation.

s. 63.	Amendment of 2. Section sixty-three of the principal Act is repealed
now section ReP" I and and the following section inserted in lien thereof:—
Long service
leave. 63. (1) Subject to this section, any officer who in the public service, shall have completed seven years of continuous service in a permanent capacity, or ten years of continuous service in a temporary capacity, or eight and one-half years of continuous service, of which not less than eighteen months shalt have been served in a temporary capacity and the balance in a permanent capacity, shall be or become entitled to three months of long service leave on full pay.
Additional
leave. (2) Subject to this section, every officer in the public service shall be or become entitled to an ad- ditional three months of long service leave on full pay in respect of each and every subsequent period of seven years of continuous service completed by him.
When to be
taken. (3) Every officer shall take the long service leave to which he shall be or become entitled under this section between such dates as the Commissioner, after obtaining a report from the Permanent Head, may direct or approve, but within seven years next after becoming entitled thereto: Provided that, upon application by the officer and on the recommendation of the Commissioner, the Governor may

(a)	in the case of any officer, approve the accumulation of his long service leave entitlement up to a maximum of six months thereof ;
(b)	in the case of any officer who at the date of the proclamation of the Public Service Act Amendment Act, 1947, has accumu- lated or within five years of such date shall accumulate at least six months' long service leave, approve the accumulation of his long service leave entitlement (inclusive of the long service leave already accumulated) up to a maximum of twelve months thereof.

1947. ] Public Service. [No. 16.

(4) Upon application by any officer and on the Coneessio"5.

recommendation of the Commissioner, the Governor

may approve of the taking by the offieer-

(a) of double the period of long service leave entitlement on half pay in lieu of the period of long service leave entitlement on full pay; or

(b) of any portion of his long service leave entitlement on full pay or double such period on half pay.

(5) The Governor may make regulations further-Regwatio"

ing or facilitating the objects or operation of this section, and providing for limp sum payments in lieu of long service leave entitlements, and for pro rata long service leave entitlements, to officers who retire after attaining the age of sixty years or through ill- health, to female officers who resign because of or with a view to marriage, to other officers, and, in the case of a deceased officer, to his widow or other person approved by the Treasurer; and, in relation to each class of officer, to prescribe the minimum qualifying continuous service: Provided that the calculation of the amounts of leave or money due to any officer under such regulations shall be based upon the rate of salary of the officer at the date of his retirement, resignation or death, as the ease may be; and no payment shall exceed the equivalent of twelve months' salary.

(6) The expression "continuous service" in this meaning of,

section includes any period during which the officer s[Zelenr'

is absent on full pay or part pay from his duties in

the public service, but does not include

(a)	any period exceeding two weeks during which the officer is absent on leave with- out pay;
(b)	any period during which the officer is taking Ids long service leave entitlement or any portion thereof;
(c)	any service of the officer prior to his attain-

ing the age of eighteen years;

No. 16.] Public Service. [1947.

(d) any service of the officer who resigns (except a female officer who resigns be- cause of or with a view to marriage) or is dismissed, other than service prior to such resignation or to the date of any offence in respect of which he is dismissed, when such prior service has actually en- titled the officer to long service leave under this section.

Retrospective	3. This Act shall operate and have effect retrospec-
operation of

A et. tively to the thirty-first day of January, 1942, and shall apply to all permanent and temporary officers who were on that date, or who subsequently became or become employed under the principal Act : Provided that nothing in this Act shall prejudice or affect the operation of section sixteen of the Interpretation Act, 1918-1938.