Public Service Act Amendment Act of 1924 (15 Geo v No. 24) (Qld)

PUBLIC SERVICE. 15 GEO. V. No. 24,1924. Public Service Act Amendment Act. 11089 PUBLIC SERVICE. An Act to Amend "The Public Service Act of 15 Geo. V. No. 24. 1922" in certain particulars. THE PUBLIO [ASSENTED TO 30TH OCTOBER, 1924.] . SERVIOE ACT AMENDMENT ACT OF 1924. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- I This Act may be cited as "The Public Service Short title Act A~ endment Act of 1924" and shall be read as one : ~~ 8truction with *" The Public Service Act of 1922," herein referred of Act. to as the Principal Act. The Principal Act and this Act may together be cited as "The Public Service Acts, 1922 to 1924." 2. Sections fifteen and sixteen of the Principal Act Repeal of are repealed. ss. 15 and 16. In the cross-heading above the said section fifteen, the words "Divisions and" are repealed. 3. Section seventeen of the Principal Act is repealed Amendment and the following section is inserted in lieu thereof:- of 8. 17. "[17.] (1.) Subject to the provisions of subsection ~etermina­ two of this section, the classifications, salaries • , fee . s, ( t l Ilao8n81.°f f t ca t' lon, and allowances of officers employed under thIS Act salary, &c. shall be determined by the Governor in Council on the recommendation of the Commi.ssioner. . (2. ) Notwithstanding the provisions of the lastpre- Applicatio~ ceding s , ubsection or anything contained in t" The Salaries oAfrb I l ~ t d r u a 8 t . l t O rl n al Act of 1922," any officer or person in the employment of Act. the Crown who is for t,he time being in receipt of a salary or wages (whether such wages are paid according to an hourly, daily, weekly, fortnightly, or monthly rate or otherwise howsoever) shall be and be deemed to be an employee within the meaning of t" The Industrial Arbitra- tion Act of 1916," and the provisions of the said Act and of any Act amending the same shall apply to such officer or person." * 13 Geo. V. No. 31, 8upra, page 10159. t 13 Geo. V. No. 7, supra, page 10195. t 7 Geo. V. No. 16, supra, page 7538. •

11090 PUBLIC SERVICE. Public Service Act Amendment Act. 15 GEO. V. No. 24, Amendment 4. Paragraph (iii.) of section twenty-two of the of B. 22. Principal Act is repealed and the following provisions are inserted in lieu thereof:- " (iii.) Raise the classification of any office which has become of greater importance or of which the duties have become more onerous or extensive; (iv.) I~ ower the classification of any office which has become of less importance or of which the duties have become less onerous or exten8ive: Provided that nothing in the foregoing paragraphs (iii.) and (iv.) shall be construed to limit the effect of subsection two of section seventeen of this Act." Amendment 5. In the second paragraph of section twenty-five of of B. 25. the Principal Act the words" any annuity payable under section twenty-one of that Act, or" are repealed. Amendment . 6. In section twenty-six of the Principal Act the of 11. 26. words "reduce his classification and salary or either of them" are repealed and the words" reduce his salary but so that such reduced salary shall not be less than the minimum salary allotted to the office according to the value of the work thereof, or transfer him to some other office of lower classification and salary or either of them whether in the same 10caHty or in another locality" are inserted in lieu thereof. Amendment 7. In subsection two of section twenty-eight of the of B. 28. Principal Act, the words" reduce his classification and salary or either of them (whether with or without transfer to another locality or office)" are repealed and the words "reduce his salary but so that such reduced salary shall not be less than the minimum salary allotted to the office according to the value of the work thereof or transfer him to some other office of lower classification and salary, or either of them, whether in the same locality or in another locality," are inserted in lieu thereof. Amendment 8. The following provision is added to section of s. 29. twenty-nine of the Principal Act :-" or the Governor in Council on the like recommendation may reduce his salary but so that such reduced salary shall not be less than the minimum salary allotted to the office according to the value of the work thereof, or transfer him to

PUBLIC SERVICE. 11091 1924. Public Service Act Arnendment Act. some other office of lower classification and salary ·or either of them, whether in the same locality or in another locality, or reprimand or otherwise punish him." 9. Subparagraphs (c) and (d) of paragraph (v.) of Amendment subsection three of section thirty-two of the Principal Act of 8. 32. are repealed and the following subparagraphs are inserted in lieu thereof:- "(c) Recommend to the Governor in Council that a reduction be made in the salary of the officer, but so that such reduced salary shall not be less than the minimum salary allotted to the office according to the value of the work thereof; or (d) Recommend to the Governor in Council that such officer be transferred to an office of lower classification and salary or either of them, whether in the same locality or in another locality, which transfer may be in addition to caution, reprimand, deprivation of leave, or ded~ ction from salary or either of them; or" The following words are added to the last provision .of paragraph (vi.) of the said subsection :-"and the decision of the Governor in Council shall be final and without appeal to any court or tribunal whatsoever." 10. In subsection one of section thirty-five of the Amendment Principal Act, before the word "consist" the words of 8. 35. " (unless for any particular case the Governor in Council directs that the Board shall be constitutetl by a judge of the Supreme Court)" are inserted. In paragraph (a) of the said subsection, the words "or judge of the Supreme Court" are repealed. In subsection four of the said section, the words " or judge of the Supreme Court" are repealed; also the words "or judge" are repealed. 11. After section thirty-five of the Principal Act the following section is inserted :- "[35A.] (1.) Notwithstanding the provisions of the Supre~ e last preceding section, the Governor in Council may ~ ~ ~ ~ ~ udge direct that the Appeal Board for any particular case Appeal shall be constituted by a judge of the Supreme Court Board. designated by the Governor in Council in that behalf sitting and acting alone.

11092 PUBLIC SERVICE. Public Service Act Amendment Act. 15 GEO. V. No. 24, (2.) The judge of the Supreme Court so designated shall accordingly constitute and shaH perform all the functions of the Appeal Board under this Act for the particular case in question, and for that purpose the provisions of this Act re1ating to the Appeal Board so far as the same can be applied shall apply and be observed by such judge. (3.) For the purposes of the particular case in question- (a) Such judge shall be deemed to be the chair- man of the Board within the meaning of this Act; and wherever in this Act reference is made to the Appeal Board or Board as consisting of more than one person such reference shall be deemed to be to such judge sitting and acting alone; and (b) The associate to such judge shall be deemed to be the secretary to the Board within the meaning of this Act." Amendment 12. In subsection five of section thirty-six of the of B. 36. Principal Act, after the word "represented" the words "by counsel, solicitor, or agent" are inserted; also paragraph (a) and paragraph (b) of the said subsection, comprising all words from and including the words "In the case of," where they first occur, to and including the word " agent," where it secondly occurs, are repealed. Repeal of 13. Section thirty-seven of the Principal Act is s.37. repealed. Amendment 14. The following amendments are made in sub- of s. 51. section one of section fifty-one of the Principal Act : - After paragraph (vii.) the following paragraph is inserted :- Retentions of pay to satisfy judgments. ,~ (vii a.) In cases where a judgment of any court for the payment of any debt has been obtained against any person in the employment of the Crown authorising the departmental Minister upon such terms and conditions as may be prescribed to order to be set aside such sum as such Minister thinks proper out of the salary or wages of the judgment debtor and the payment of such sum to the judgment creditor until the judgment, with costs (if any), is satisfied."

1924. PUBLIC SERVICE. Public Service Act Amendment Act. 11093 After paragraph (viii.) the following paragraph is. inserted :-< "(viii a.) The appointment of a board whosestoros duties shall include the purchase and distribu- board. tion of stores and other material and requisites and empowering such board to enter into, execute, and make for and on behalf of the Crown contracts, agreements, and instru- ments for or in connection with the purchase of such stores or other material or requisites for the Public Service as herein defined, or for any Minister of the Crown, public officer, person, board, or corporate body acting for and on behalf of or as the agent of or as representing the Crown, and to dispose of any surplus stores or articles; providing for and regulating the inspection of such stores, material, and requisites; examining and audit- ing the books and accounts of officers in charge of such stores, material, and requisites, and taking stock thereof; investigating and examining all contracts, agreements, instru- ments, accounts, invoices, requisitions, orders, and vouchers in any way relating to such stores, material, and requisites: Provided always that the Governor in Council may determine and carry out methods of procuring supplies of such stores, material, or requisites independently of any of such regulations. 15. The sections of the Principal Act mentioned in C:0naequen- the first column of the following table are amended to tlal d e 1ls the extent set forth against each such section respectively amen m n . in the second column thereof:- TABLE. Section of I1 Principal Act. How Amended. Section 3 Section 4 .. I Th" definition of "Division" is repealed. .. In the proviso to paragraph (xv.), before the word " determine" the words " may (without, however, limiting the effect of subsection two of section seventeen of this Act)" are inserted.

11094 PUBLIC SERVICE. Public Service ~ { ct Amendment Act. 15 GEO. V. No. 24, TABLE-continued. I Section of Principal Act. I How Amended. ----------[--------------------------------------- Section 12 Section 1& Section 20 Section 21 Section 22 Section 23 Section 32 Section 35 Section 36 I . In stuhbesecwtioorndson"e(, wafittehrotuhte, whoorwdesv" eirn, spleicmtoitrisnsghatlhle" effect of subsection two of section seventeen of this Act)" are inserted. In subsection one, the words "any division of" are repealed. In subsection three, paragraph (L), the words " division and" are repealed. In paragraph (iv.) of the said subsection the words "any division" are repealed and the words "the Public Service" are inserted in lieu thereof. In paragraph (v.) of the said subsection, before the words "be paid" and also after the words "exempted may" the words "(without, how- ever, limiting the effect of subsection two of section seventeen of this Act)" are respectively inserted. In the said paragraph, after the words "at any time by the Commissioner" the words "and the Commissioner's decision shall be final and without appeal to any court or tribunal whatsoever" are inserted. The following subsection is added : - "(3.) Nothing in this section shall be construed to limit the effect of subsection two of section seventeen of this Act." The words "whether in the same division or in another division, and" are repealed. In paragraph (i.), the words" in any division" are repealed. In the third proviso, paragraph (a) is repealed and paragraphs (b) and (c) are relettered (a) and (b). The words "and the decision of the Governor in Council shall be final and without appeal to any court or tribunal whatsoever" are added to the last proviso. In subsection two, after the word "appeal" the words "to any court or tribunal whatsoever" are inserted. In subsection one, paragraph (c), the words "division to which the appellant belongs" are repealed and the words "Public Service" are inserted in lieu thereof. The following words are added to subsection eight :- "and shall not· be subject to further appeal to any court or tribunal whatsoever."

1924. PUBLIC SERVICE. Public Service ~ 4ct Amendment Act. Section of Principal Act. TABLE-continued. How Amended. Section 38 Section 42 Section 50 Section 51 After the words "Commissioner may" the words " (without, however, limiting the effect of sub- section two of section seventeen of this Act)" are inserted. In subsection one, paragraph (c), the words " division and" are repealed. The words "Nothing in this section shall be con- strued to limit the effect of subsection two of section seventeen of this Act" are added to the section. Paragraph (ii.) of subsection one is repealed and the following paragraph is inserted in lieu thereof:- "(ii.) Facilitating the working of the Public Service; The classification of offices and of officers; The disposition of officers and offices in classes and determining the limits of salaries to be paid to persons in such classes or in such classes in any specified department or departments." In paragraph (iv.), the words" The conditions under which officers of the Professional, Clerical, Educational, or General Division may be transferred to another of these Divisions" are repealed; also, the words "by the Governor in Council on the recommendation of the Com- missioner" and the words" or division," where they respectively first occur, are repealed. In paragraph (v.), the words "division or," where they twice occur, are repealed. In paragraph (xii.), the words "division or" are repealed. 11095