Public Service Act of 1922 (13 Geo v No. 31) (Qld)

Public Service Act of 1922 (13 Geo V No. 31)

PRIMARY PRODUCERS.-PUBLIC SERVICE. 13 GEO. V. No. 31,1922. Public Service Act. (f) Prescribing the certificates and other forms which may be used under this Act; (g) All matters required or permitted by this Act to be prescribed. The Governor in Council may in such regulations impose a penalty not exceeding one hundred pounds for any breach thereof. (2.) All regulations purporting to be made by the Governor in Council under and for the purposes of this Act, shall be published in the Gazette, and shall be read :as one with this Act and construed as being of equal validity, and shall be judicially noticed. (3.) All such regulations shall be laid before the Legislative Assembly within fourteen days after the making thereof, if Parliament is then sitting, and if Parliament is not then sitting, then within fourteen days after the next meeting of Parliament. If the Legislative Assembly passes a resolution <.lisallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of the Assembly after such regulation has been laid before it, such regulation shall thereupon cease to have €fiect, but without prejudice to the validity of anything done thereunder in the meantime. 10159 PUBLIC SERVICE. Public Service Act of 1922 Salaries Act of 1922 .. 13 Geo. V. No. 31 13 Geo. V. No. 7 An Act to Provide for the Better Regulation of the 13 Geo. V. Public Service. No. 31. THE PUBLIC [ASSENTED TO 18TH OCTOBER, 1922.] SERVICE ACT OF 1922. ·BE 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:- PART I.-PRELIMINARY. PART 1.- PRELIMI' 1. (1.) This Act may be cited as "The Publ'ic NARY. -. Service Act of 1922," and shall come into operation on the Short title, first day of January, one thousand nine 1l.undred and : : ~e: :r twenty-three. Pa.rts of Act.

10160 PART I.- PRELIMI- NARY. ss. 2, 3. PUBI,IC SERVICE. P1(blic Service Act. 13 GEO. V. No. 31> (2.) This Act is divided into Parts as follows : - PART I.-PRELIMINARY; PART H.-ADMINISTRATION; PART HI.-l\lISCELLANEOUS. sRaevpmegals. and Servi 2 ce . * A " ctThAemePnudbmliec.ntSeArvcitceofA 1 c 9 t 0 o 1 f ," 18a9n6, d" " "TThhee P P ~ u lb b l l i ic c Service Acts Amendment Act of 1920" are repealed: But save as hereinafter provided nothing in this Act shall affect any rights accrued, or anything done or contracted to be done, under those Acts. All regulations made by the Public Service Board or by the Public Service Commissioner under those Acts, in force at the commencement of this Act, shall, so far as the Commissioner considers them applicable and consistent with this Act, remain in force until altered superseded or repealed by regulations made under this Act.. All regulations made under t" The State Education Acts, 1875 to 1912," having reference to the officers and persons employed under those Acts or in the Department of Public Instruction shall, so far as the Commissioner considers them applicable and consistent with this Act, be applied by the Commissioner in the organisation and administration of the Public Instruction branch of the, Public Service until altered superseded or repealed by regulations made under this Act. Interpreta· tion. Board. Classifica- tion. Commis- sioner. 3. In this Act, unless the context otherwise indicates the following terms have the meanings assigned to them respectively, that is to say:- " Board "-The Appeal Board constituted under this Act; "Classification"-The disposition of officers and offices in classes: the term where necessary includes the allotment to officers and offices respectively of salaries or limits of salary according to the value of the work; "Commissioner"-The Public Service Commis- sioner appointed under this Act: the term where necessary includes the deputy of the * 60 Vie. No. 15, 1 Edw. VII. No. 17 and 10 Gea. V. No. 28, BUpra, page 9481. t 39 Vic. No. 11 and Amending Acts, 8upra, pages 614 et seq. and 5123.

1922. PUBLIC SERVICE. Public Service Act. s. 3. 10161 PART 1.- PRELIMI- NARY. Commissioner, and any person exercising the powers and authorities and performing the duties of the Commissioner with respect to any matter; "Department "-Any State department: the term Department. where necessary includes any sub-department or branch or section of a department; er "Departmental Minister"-The Minister of the Depart- own for the t I·me beI. ng adm"InISter'mg a mMeinnitsatler. department concerned or in which an officer is employed; "Division"-A division of the Public Service; Division. "Inspector"-Any Public Service inspector ap- Inspector.. pointed under this Act: the term where necessary includes any person duly authorised or deputed by the Commissioner to make any inspection; "Minister"-The Minister of the Crown for the Minister. time being charged with the administration of this Act; "Office" includes any position in the Public Office. Service; " Officer"-Any person employed in any capacity Officer. in the Public Service and whether payment for personal services is made out of the Consolidated Revenue or out of Trust Funds or Loan Funds or any other Special Fund: the term where necessary includes any person who is in receipt of payment for personal services out of the public revenues of the State; " Permanent head "-The officer who, subject to Permane-.i. the departmental Minister, has immediate head. charge of a department in which any officer or person in connection with whom the term is used is employed or is proposed or seeks to be employed, or which comprises the office in connection with which the term is used; " Prescribed"-Prescribed by this Act; Prescribed. " Public Service" or" Service"-The Public Service Public of Queensland as defined by this Act; Service. " Regulations"-Regulations for the time being inRegulations~ force under this Act;

10162 S.4. PUBLIC SERVICE. PART 1.- PRELIMI- NARY. Public Service Act. 13 GEO. V. No. 31, Salary. ;Seoretary. " Salary "-The sum or sums paid to an officer by way of fixed remuneration for his services, whether as an officer of one department or of several departments: unless otherwise determined by the Governor in Council on the recommendation of the Commissioner, the term does not include any sums paid to an officer by way of fees or allowances, except that in the case of officers employed as' teachers the term includes any sum paid to any such officer under the Regulations as an allowance varying with the number of pupils attending the school in which such officer is employed; " Secretary "-The secretary to the Public Service Commissioner; 'This Act. "This Act" includes the Regulations and any Order in Council made under the authority of this Act; "Employ. The expression " employment of the Crown " . = Ceronwtno. f" the· IncIu des not onIy empIoymten ' In the P ubl' lC SerVl. Ce as herein defined, but also employment by 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 or His Majesty the King. Public :Service cefined. 4. Notwithstanding any action taken under the Acts hereby repealed or any of them or any exception of any officer or class of officers from the operation of those Acts, and notwithstanding anything to the contrary in any other Act, the Public Service of Queensland shall, save as next hereinafter provided, comprise all persons employed for the time being in any capacity in the Public Service of the State of Queensland: Provided that, unless otherwise expressly provided, there shall not be included therein- (i.) Officers appointed by the Governor alone; (ii.) Judges of the Supreme Court and COUrt of Industrial Arbitration; Associates to the Judges; (iii.) Any officer of Parliament, or any person under the control of the Speaker; (iv.) The Agent-General; (v.) The Auditor-General; (vi.) The Members of the Land Court;

1922. PUBLIC SERVICE. P~ tblic Service Act. s.4. 10163 PART 1.- PRELIMI- NARY. (vii.) The Railway Commissioner, or officers or employees of the Department of Railways; (viii.) The Commissioner for Trade, or managers, officers, clerks, or other employees in the Sta te Trade Office, or managers, officers, clerks, or other employees engaged in connection with any State Enterprise under *" The State Enterprises Act of 1918," or in connection with any State mines, smelters, treatment works, or works appurtenant to any of these; (ix.) The Members of the Main Roads Board or officers or employees of the Main Roads Board; (x.) Crown Prosecutors; '(xi.) The Police Force; ~ xii.) Honorary Officers; (xiii.) Office,rs whose whole time is not required to be engaged in the Public Service; {xiv.) Persons temporarily employed; (xv.) Any· person or class of persons in the employ- ment of the Crown to whom or to which, on the recommendation of the Commissioner, the Governor in Council declares that the pro- visions of this Act shall not apply to the extent so declared. The Governor in Council may, on' the recommendation of the Commissioner, by such declaration exclude any such person or class of persons from the operation of the whole of this Act or any specified provisions thereof, either for a specified time or without limit of time: Provided, nevertheless, that the Governor in Council may, on the recommendation of the Commissioner, from time to time institute examinations which applicants for appoint- ment as such persons or in such class must undergo before employment or which such persons or class of persons must undergo before promotion, and determine the rates of pay- ment and conditions of employment of any such persons or class of persons. * 9 91lO. V. No. 20, supra.. page 8591.

10164 ss. 5-7. PUBLIC SERVICE. PART IT.- - - - - - - - - - - - - - - - - - - - - - - - - ADMINIS- TRATION. Public Service Act. 13 GEO. V. No. 31, 1 Appoint- ment of Public Service Commis· si(Jner. Service is public service. PART n.-ADMINISTRATION. Commissioner and Staff. 5. (1.) The Governor in Council may from time to time, by commission under his hand and the public seal of the State, appoint some fit and proper person to be Public Service Commissioner. Such person shall be chosen from amongst the officers of the Public Service: Provided that- (a) If in the opinion of the Governor in Council it is desirable so to do, an officer may be appointed as Commissioner on probation only, and may be continued on probation for a period not exceeding twelve months, and at the end of the period of probation mayor may not be appointed as Commissioner; (b) SUbject to the provision next hereinafter contained, the Commissioner shall retire from office upon attaining the age of sixty-five years; (c) The Governor in Council may, if he considers it desirable so to do, continue the Commis- sioner in office beyond the age of sixty-five years, but the Commissioner shall not be so continued beyond the age of seventy years. (2.) The service as Commissionet of any officer who is appointed Commissioner shall, for the purpose of ascertaining all his existing and accruing rights, be counted as public service. Salary of Commis- !!ioner. 6. (1.) There shall be payable to the Commissioner, as remuneration for his services, such annual salary not exceeding one thousand five hundred pounds as the Governor in Council may determine. . (2.) Such salary shall be a charge upon and be paid out of the Consolidated Revenue, which is hereby per- manently appropriated for that purpose. Duties, &c., 7. (1.) The Commissioner shall submit, for the osifonCeorm. mis- rceocnosmidmereantidoantioonfs tahse toGoavneyrnmoratitner Creoquunicriiln, gretopobrtes daenaldt with by the Governor in Council under this Act.

1922. PUBLIC SERVICE. Public Service Act. s.7. 10165 PART II.- ADMINIS- TRATION. Such reports and recommendations concerning a particular department shall be submitted through the departmental Minister.. All other matters concerning a particular depart- mentshall be dealt with directly between the CommissioneJ: and the departmental Minister. Reports and recommendations and other matters concerning more than one department, or concerning the administration of this Act or the Public Service generally, shall, as the case may require, either be submitted by the Commissioner to the Governor in Council through the Minister administering this Act, or shall be dealt with directly between the Commissioner and such Minister. If in any case the Commissioner fails to submit a report or recommendation when requested by the Minister or a departmental Minister so to do, the Governor in Council may take action without such report or recommendation. If the Governor in Council does not approve of any report or recommendation of the Commissioner under this Act he may remit it to the Commissioner for recon- sideration. In considering and dealing with any matter which is the subject of a report or recommendation by the Commissioner, the Governor in Council shall have due regard to such report or recommendation, and may act in accordance therewith or may take such other action under this Act as the Governor in Council considers to be proper in the public interest. The Commissioner shall, in addition to the powers and duties expressly conferred and imposed upon him by this Act, exercise such powers and perform such dutiefl as may from time to time be conferred and imposed upon him by the Governor in Council. (2.) The Commissioner, in the administration of this Act and in the discharge of his powers and duties, shall be responsible to the Minister directly, and shall not in any way be subject to the control of or be under the juriRdiction of any officer of the Public Service. Notwithstanding any regulation, instruction, or practice to the contrary, the Commissioner may commu- nicate direct with any officer of the Public Service, and any officer may communicate direct with the Commissioner.

10166 PART II.- ADMINIS- TRATION. s. 8. PUBLIC SERVICE. Public Service Act. . 13 GEO. V. No. 31, (3.) The Commissioner, with the approval of the Minister, may from time to time assign to some other person, whether or not such person is subject to this Act, all or any of the powers or duties of the Com- missioner in respect of any officer or class of officers, and such assignment may be either for a specified time or without limit of time, and the Commissioner may at any time cancel any such assignment. The person to whom such powers or duties are assigned shall, to the extent of such assignment .and while the same subsists, have all the powers and perform all the duties of the Commissioner; but no such assignment shall prevent the Commissioner from also exercising any of such powers or performing any of such duties. (4.) In addition to the powers and duties conferred and imposed upon him by or pursuant to this Act, the Commissioner shall, with respect to his own department and the secretary, inspectors, and other officers employed therein, have and be charged with all the powers privileges and duties of the permanent head of a department. (5.) No action or legal proceedings whatsoever shall be brought or maintained against any person in his personal capacity who is or has been Commissioner for any nonfeasance or misfeasance in connection with his powers or duties. i::luspcnsion 8. (1.) The Commissioner may be suspended from anf de rem~val his office by the Governor in Council, but shall not be s o ion o er mmIs, removed from 0 ffi ce except as hereI. na f ter provl' ded. from office. (2.) If the Commissioner is so suspended, the Minister shall cause to be laid before the Legislative Assembly a full statement of the grounds of such suspension within seven days thereafter if the Assembly is in session and actually sitting, or, if the Assembly is not in session or not actually sitting, within seven days after the com- mencement of the next session or sitting. (3.) The Commissioner so suspended shall be restored to office unless the Legislative Assembly, within twenty- one days from the time when such statement has been laid before it, declares by resolution that the Commis- sioner ought to be removed from office, and if within the said time the Legislative Assembly so declares the Com- missioner shall be removed by the Governor in Council accordingly.

PUBLIC SERVICE. ss. 9-11. 10167 - - ~ - - ~ ~ - - -- - --- --- - --- -- P A R T I I . - 1922. Public Service Act. ADMINIS. TRATION. 9. The Commissioner shall be deemed to have Office how vaca t e d h I · S 0 ffi ce- otherwise vacated. (a) If he engages during his term of office in any paid employment outside the Public Service; or (b) If he becomes insolvent, or compounds with his creditors or makes any assignment of his salary for their benefit, or takes advantage of any p;rovision of any Act relating to insolvency; or (c) If, except on leave granted by the Governor in Council (which leave is hereby authorised to be granted), he absents himself from duty for fourteen consecutive days; or (d) If he becomes permanently incapable of per- forming his duties by reason of any mental or bodily infirmity; or (e) If he resigns his office by writing under his hand addressed to the Governor in Council, and such resignation is accepted by the Governor in Council. 10. (1.) In the event of the illness, absence, or sus- Absenc(" pension of the Commissioner, the secretary shall during ~ ~~ : is such illness, absence, or suspension act as the deputy sioner. of the Commissioner, and have and exercise all the powers and perform all the duties of the Commissioner: Provided that the Governor in Council may appoint some person other than the secretary to so act. (2.) In the event of the death of the Commissioner the secretary shall act as Deputy Commissioner, and assume and exercise all the powers and authorities and perform all the duties of the Commissioner until a new Commissioner is appointed: Provided that the Governor in Council may appoint some person other than the secretary to so act. 11. (1.) The Governor in Council may from time Secretary to time, on the recommendation of the Commissioner, ~ ~ e~ : ~ ler appoint- (a) A secretary to the Commissioner; (b) Such other officers as may be necessary to assist the Commissioner in the administration of this Act.

10168 PART II.- ADMINIS· TRATION. ss. 12, 13. PUBLIC SERVICE. Public Service Act. 13 GEO. V. No. 31, (2.) The secretary and all such other officers shall discharge and exercise such duties and functions as are imposed upon and entrusted to them respectively by the Commissioner. Inspectors, 12. (1.) The Governor in Council may from time to time, on the recommendation of the Commissioner, appoint Public Service inspectors. The salaries and general conditions of service of such inspectors shall be determined by the Governor in Council on the recom- mendation of the Commissioner. (2.) Such inspectors shall, in addition to the powers and duties conferred and imposed upon them by this Act, exercise such other duties and functions as are imposed upon and entrusted to them by the Commis- sioner. (3.) The Commissioner or secretary may at any time exercise and perform all or any of the powers, duties, and authorities of inspectors. (4.) The Commissioner may, with the approval of the Minister, from time to time authorise or depute any person (whether such person is an officer of the Public Service or not) to exercise and perform all or any of the powers, duties, and authorities of inspectors in connec- tion with the inspection of any specified department or departments. Inspection. Commis- 13. As often as the Commissioner considers it sioner to necessary in order to carry out the directions and pro- ~ ~ ; ~ tments visions of this Act and to ensure the establishment and ~ o be continuance of a proper standard of efficiency and Inspected. economy I.II th . e P ubI 1 · 0 SerV· 1Oe, and aIso, whenever a departmental Minister requests the Commissioner so to do, the Commissioner shall cause a department to be inspected, and shall, as far as practicable, cause an investigation to be made as to the character of the ,york performed by the officers therein, and the manner in which such officers have performed their duties, and the efficiency, economy, and general working of such department both separately and in its relation to other departments.

PUBLIC SERVICE. ss. 14, 15. 10169 1922. Public Service Act. PART II.- ADMINIS- TRATION. 14. (1.) The Commissioner may from time to time ~ommis- ma I re recommen d a t I · Ons t 0 the G overnor I . n C ounCl '1 w h l ' e h SplrOonpeorsteo arepsppeeacr t t t o 0 t - he Commissioner necessar ' y or expedient with ocrefhfaaircnregaresnsgo e or - f (a) The grouping or regrouping of sub-depart- n: - en~ of ments or branches or sections controlled by wor . the various departments; (b) The co-ordination of the work of the various departments; (c) The control, reorganisation, or readjustment of any departments or parts thereof; (d) The retirement from the Public Service of any persons in consequence of any such reorganisa- tion or readjustment; (e) Any disposition of officers and offices; (/) The limitation in number of the staffs of the various departments to actual requirements, and the utilisation of those staffs to the best advantage; (g) Any rearrangement of or improved method of carrying out any work; (h) The improvement of the training of officers; (i) Generally the more efficient administration and control of the Public Service. (2.) Any recommendation so made shall be con- sidered and dealt with by the Governor in Council. Divisions and Classes of the Public Service. 15 The Public Service shall for the purposes of Division,; of this Act consist of five divisions, that is to say:- Service. The Administrative Division; The Professional Division; The Clerical Division; The Educational Division; ThB General Division. Notwithstanding anything elsewhere contained in this Act, the divisions in which shall be included the offices and officers of the Public Service shall be deter- mined in accordance with the next succeeding section, ,and such offices and officers shall be included in such divisions notwithstanding that under the Acts hereby repealed or any other Act such offices or officers have been included in other divisions.

10170 PART II.- AI>MINIS- TRATION. ss. 16, 17. PUBLIC SERVICE. Public Service -Act. 13 GEO. V. No. 31, Administra- 16. (I.) The Administrative Division shall. include tiveDivision. permanent heads, and all other officers whose offices the Governor in Council, upon the recommendation of the Commissioner, from time to time directs to be included in that division. Professional (2.) The Professional Division shall include all Division. officers whose offices or duties require in the persons holding or performing them some special skill or technical knowledge, usually acquired only in some profession or occupation different from the ordinary routine of the Public Service, and whose offices the Commissioner directs to be included in that division. Clerical Division. (3.) The Clerical Division shall include all suoh officers as the Commissioner from time to time directs to be included in that division. Educational (4.) The Educational Division shall include all such Division. officers employed in the work of education as the Com- missioner from time to time directs to be included in that division. General Division. (5.) The General Division shall include all officers in the Public Service not included in the Administrative~ Professional, Clerical, or Educational Division. Determina- 17. (1.) The classifications, salaries, fees, and allow- sc ti a1oalasnsr? ly1c,c&a t cI ' o. n, amnm • ceesd ofbyofftihceersGeomvpelronyoerdI. nunCdoeur nthciils oAnctt hshearllecboemdmeteenr- - dation of the Commissioner. Applicatio~ (2.) Notwithstanding the provisions of the last pre- oAfrl I J ~ lt d r u a s tl ~ O n n al ceding subsection ' any officer or person in the employ· Act. ment of the Crown who is for the 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)- (a) Of an amount less than three hundred pounds per annum, or, in the case of an officer or person paid by wages employed in the Northern Division (as defined by the par- tioular award of the Court of Industrial Arbitration which but for this Act might apply to such officer or person), of an amount less than three hundred and twenty-six pounds. per annum; or

1922. PUBLIC SERVICE. Public Service Act. s. 18. ]0171 PART n.- ADMINIS- TRATION. (b) Which, together with other emoluments re- ceived by him (including the value of quarters board lodging rations fuel light and uniform pro- vided, [md allowances in lieu of all or any of these, but not including overtime, Sunday pay, travelling expenses, sustenance or relieving or Northern or 'Western aIJowa,nces, or away from home lying off or other allowances, or other e'moluments not herein mentioned), does not or do not bring his total earnings up to three hundred pounds per annum, or, in the case of an officer or person paid by wages employed in the Northern Divisi.on (as defined as aforesaid) does not or do not bring his total earnings up to three hundred and twenty-five pounds per annum; shall be and be deemed to be an employee within the meaning of *" The Industrial Arbitration Act 0/ 1916," and the provisions of the said Act shall apply to such officer or person. But, notwithstanding anything in the said last- mentioned Act contained, save as is provided in this subsection no officer or person in the employment of the Crown shall be or be deemed to be an employee within the meaning of the said Act, nor shall the Court of Industrial Arbitration have or exercise any jurisdiction in respect of any such officer or person or his said employment. Every award of the Court of Industrial Arbitration in force at the commencement o'f this Act containing any provision which the said Court would not have had jurisdiction to embody in such award if it had been made after the enactment of this subsection shall, to that extent, be rescinded and be null and void. A ppointme-n ts. 18. (1.) Save as hereinafter provided, no person Appoint- shall be admitted to any division of the Public Service P me u n b ~ li s c io unless he is qualified as prescribed. Service . generally. (2.) Save as hereinafter provided, every person Probation. admitted to the Public Service shall in the first instance * 7 Geo. V. No. 16, supra, page 7538. ( ~

10li2 PART II.- ADMINIS- TRATION. s.18. PUBLIC SERVICE. Public Service Act. 13 GEO. V. No. 31, be appointed on probation only, and may be continued on probation for a period of not less than six months. On the recommendation of the Commissioner the Governor in Council may- (a) At any time during the period of probation" dispense with the services of any person a p- pointed on probation ; (b) After the period of probation has expired~ confirm or annul the appointment or extend the probation for a further period. Exceptions (3.) Provided as follows, and notwithstanding fl'rUolmc. general anyth·Ing t 0 the cont rary I . D th· IS A C t cont·a'lned-- Persons in permanent Government employ but notin Public Service. (i:) Oannythpeerrseocnomw h m 0 enadt att h ioencoomf mtheencCeommemntis 0 s f iotnheirs ~ Act is I)ermanentlv employed in some depart- J ment of the State, but is not then in the Public Service, shall be eligible for appoint- ment by the Governor in Council to any division and office in the Public Service; and, if so recommended, such appointment may be made without examination, and also~ if so recommended, without probation. Appoint- ment of temporary officers permanently in certain cases. (ii.) On the recommendation of the Commissioner, the Governor in Council may, within one year after the commencement of this Act, appoint as a permanent officer any person temporarily employed in some department of the State at the commencement of this Act, subject to the conditions that- C'l) The Commissioner is satisfied that the work of such person is permanent in character, and that such person is competent to perform such work and is of good character and satisfactorily performs his duties; and (b; Such person has been employed in some department of the State for at least three years continuously or in the aggregate before the commencement of this Act; and (c) Such person is willing to accept appointment as a permanent officer at a salary to be determined by the Governor in Council on the l.'ecommendation of the Commissioner, having due regard to the nature of the work

1922. PUBLIC SERVICE. Public Service Act. s.18. 10173 PART II.-- ADMINIS· TRATION. and to the interests of offlcers permanently employed at the date of such proposed appointment. (iii.) On the recommendation of the Commissioner, Reappoint- any person 1lavm. g a t any t' nne, C ' l t·ller be f ore mreetinret dof or after the commencement of this Act, officers. retired from any office in the Public Service shaH, if not more than sixty years of age, be eligible for appointment by the Governor in Council to the Service without examination, and also, if so recommended, without probation: Provided that if such person has retired from the Service not through any fault of his own but in consequence of a reduction of the number of officers employed in a department he shall, notwithstanding that he has attained the age of sixty years if he has not attained (he age of sixty-five years, and if he continues of good character, be similarly eligible, upon such recommendation, for appointment to the Service. (iv.) If in a special casc it appcar8 expedient Special in the interests of the Public Service to appoint cases. to any division a person who is not in the Service, the Governor in Council may, on the recommendation of the Commissioner, appoint such person without examination, and also, if so recommended, without pro- bation. No such appointment shall, however, be made until the Commissioner has certified that in his opinion there is no person avail- ahle in the Service for such appointment who is capable of filling the office to which it is proposed that the appointment shall be made. (v.) When in the opinion of the permanent hea,d Tempor:ary the prompt despatch of the business of his employment.. department renders temporary assistance necessary, and the Commissioner is satisfied that such temporary assistance is necessary but is unable to arrange for such assistance from other deputments, the. Commissioner may select such person or persons as may appear to him to be best qualified for such work.

10174 PART II.--- ADMINIS- TRATION. s. 19. PUBI~ IC SERVICE. Pub7ic Service Act. 13 GEO. V. No. 31, . Such person or persons may be employed to perform such work, and shall be paid at the rates fixed by the Commissioner (which rates of pay he is hereby empowered to fix) as :1pplicable to the work performed. The services of any such person may be di~p~nsed with at any time by the Com- mIsslOner. No person shall be so employed for a longer period than nine months: Provided, however, that if in the case of any person so employed the Commissioner is satisfied that it is in the public interest so to do, he may continue the employment of such person or re-employ such. person, but so that the total duration of the temporary employment of such person under this para- graph (v,) shall not exceed twelve months: Provided further that no person who has been temporarily employed as aforesaid shall, during the three months next following the final completion of such temporary employ- ment, be eligible for further temporary em- ployment under this paragraph (v.). The Governor in Council, upon the recom- mendation of the Commissioner, may from time to time exempt from the operation of this paragraph (v.) any temporary employees or classes of temporary employees, and such exemption may be either for a specified time or without limit of time. The conditions of employment of temporary employees so exempted may be determined by the Governor in Council on the recommendation of the Commissioner. Promotions and Transfers. Vacancies to 19. 'Vhen a vacancy occurs in any department and be fl.l.led by tit anpcars to the Commissioner necessary to fill such aDpOlntmen ' . • of officers in vacancy, It shall, \vherever practICable, be filled by the the Service. transfer and promotion or transfer or promotion of an officer then in the Public Service; . Provided that vacancies in such offices or class of offices as may be prescribed shall be notified by

1922. PUBLIC SERVICK Public Service Act. ss. 20-22. 10175 PAKl'lI.- AD1.UNIS- TRATION. advertisement in the Gazette, or otherwise as is prescribed, and applications shall be invited for the filling thereof. The Commissioner shall submit to the Governor in Council the name of the officer whom he recommends for appointment to such vacancy. 20. (l.) Except where specially recommended by the Increases of C, 0mml.SS.lOner or except ' In the case 0f t ransfer and pro- salary. motion or promotion from one office to another, an increase sball not be made to the salary of an officer until he has received such salary for a period of twelve months. (2.) Increases to the salary of an officer shall in all cases be contingent upon his efficiency, diligence, and good conduct, and shall be allo"\yed only under and subject to the following conditions :._- (i.) The increase must be recommended by the Commissioner; (ii.) It must be approved by the Governor m Council. 21. When it appears to the Commissioner to be Provisions necessary or desirable to transfer an officer from the for transfer. office which he holds to some other office, whether in the same division or in another division, and whether of equal or of lower classification and salary or either of them, the Commissioner shall submit to the Governor in Council a recommendation as to the office to which he should be transferred, and as to the officer who should be appointed in his place, and as to any transfers or appoint- ments which may be rendered necessary in consequence of such transfer : Provided that, if at any time it appears· to the departmental Minister to be necessary or desirable to so transfer an officer from that department, he may refer the matter to the Commissioner, who shall submit a recom- mendation to the Governor in Council in accordance with this section. 22. The Governor in Council may at any time, on Power to the recommendation of the Commissioner- ~ ~ ~ : hor (i.) C d reepaatertma enntew; office in anv . division in any aoclfnafdiscseaisfliteear- (ii.) Abolish any offiee in any department; tion, &e. (iii.) Raise or lower the cJassificai:,ion of any office;

10176 PART II.-- ADMINIS- 'rRATION. S.23. PFBLIC SERVICE. Publ'ic Service Act. 13 GEO. V. No. 31, If the Governor in Council creates a new office, the Commissioner shall submit the name of the person who in his opinion is most qualified for the work and whom he recommends for appointment to such office: Provided that such new office or class of new offices as may be prescribed shall be notified by advertisement in the Gazette or otherwise as is prescribed, and applica- tions shall be invit-:d for the filling thereof. Appeal by 23. Save as next hereinafter provided, if a vacancy ~ ; : ~ ~ ~ t in or a new oftice created in a department is filled by promotion oJ the promotion (whether with or without transfer) of an ~ nother. officer of that or another department who has been recommended for such vacancy or new office by the Commissioner, any officer employed in the department in which such vacancy occurred or new office was created who considers himseH more entitled to the promotion than the officer who has been promoted, may, in such manner and within such time as is prescribed, appeal against such promotion of such other officer to the Appeal Board constituted as hereinafter provided: Provided that with respect to promotions in the office of Police Magistrate, every Warden and Mining Registrar shall have a right of appeal in respect of such promotions, and that in respect of promotions in the office of Clerk of Petty Sessions, every Mining Registrar shall have a right of appeal in that regard: Provided further that with respect to promotions in the office of Warden, every Police Magistrate and Clerk of Petty Sessions shall have a right of appeal in respect of such promotions, and that in respect of promotions in the office of Mining Registrar, every Clerk of Petty Sessions shall have a right of appeal in that regard: \ Provided further that an appeal shall not lie- (a) In respect of a promotion made to an office in the Administrative Division; or (b) In respect of any office or class of office in connection with promotions to _which it is prescribed that such appeal~ shall not lie; or (c) By an officer who, having attained the age of sixty-five years, has been continued in the Service under this Act:

1922. PUBLIC SERVICE. P1lblic , ~ ervice Act. ss. 24-26. 10177 PART II.- ADMINIS· TRATION. Provided further that in all cases any appeal which, in the opinion of the Governor in Council, is frivolous or vexatious may be dismissed by the Governor in Council without referring such appeal to the Appeal Board. Re8ignations and Retirements. 24. Every officer shall retire on attaining the age Officers Qf sixty-five years, unless he is required to continue to ! tttai~ i~ g tthe perform his duties in the Public Service as hereinafter ~ ~ ~ ~ o~ ~i~ provided, and is able and willing to do so. r u c n l l q e U ~ lr ~ e d t 0 25. Notwithstanding that an officer has attained the ~ ; tinue' f .age of sixty-five years, if the Commissioner certifies that age~ f~ ; . five iSnUCthhe 0 ifnflitCeerrest. SshoofuItdhe cPounb t , · lmicueSeIr . vnictehiet ips edrfeosrirmabanlecetha 0 ft cmPouanbytIl.ni b cll e fJ d I ' n "the duties of his office or of any office, whether of Service b~ equaI or IoweI' claSSl' ficatI' on and saIary or e ' l ther GCoouvnecrnilo. r In Qf them, to which he may be appointed, and that such officer is able and willing to do so, the Governor in Council may direct such officer to continue in the Service during the pleasure of the Crown: Provided that such .officer shall not be continued in tIle Service beyond the .age of seventy years. A contributor under *" The Public Service S1lper- annuation Act of 1912 " who has attained the age of sixty-five years and who has been continued in employ- ment or has temporary employment under this Act shall not, during such employment, be entitled to receive from the Superannuation Fund any annuity payable under s~ ction twenty-one of that, Act, or any annuity equivalent to the incapacity allowance paya,ble under subsection two of section thirteen of that Act. " Di8cipline. 26. If any officer becomes im:olvent, or compounds Insolvency, with his creditors or makes any afsignment of his salary &c. for their benefit, or takes advantage of any provision of any Act relating to insolvency, he shall report the matter at once to the Commissioner, and unless (whether he so reports or not). he satisfies the Commissioner that in relatioD_ to his said insolvency, compounding, or assign- ment he has not been guilty of fraud, dishonourable conduct, or extravagance the Governor in Council may, on the recommendation of the Commissioner, dismiss such * 3 Gea. V. No. 28, supra, page 5696.

10178 PART II.- ADMINIS· TRATION. ss. 27, 28. PUBLIC SERVICE. Public Service Act. 13 GEO. V. No. 31, officer from the Public Service or reduce his classification and salary, or either of them, or reprimand or otherwise punish him. In~ ompetent 27. (1.) The Governor in Council may, on the recom- ~ !n:::able mendation of the Commissioner, call upon any officer- (a) Who, by reason of any mental or bodily infirmity, is unfit to discharge or incapable of discharging the duties of his office efficiently, to retire from the Public Service within a time to be specified. Before submitting such recommendation the Commissioner may, if he deems it necessary, appoint a medical prac- titioner or medical practitioners to examine and report upon the mental or physical condi- tion of the officer, and such officer shall submit himself to such examination accordingly; or (b) Who is inefficient or incompetent, to retire from 1he Public Service within a time to be specified. (2.) If any officer so called upon to retire does not retire within the time specified as aforesaid, he may be dismissed from the Public Service by the Governor in Council. Indictable offences by 28. (1.) If any officer is charged with having officers. committed any indictable offence he may be suspended from duty by the permanent head. (2.) If an officer is convicted of any indictable offence he may, on the recommendation of the Commis- sioner, be summaril:y dismissed from the Public Service by the Governor in Council, or the Governor in Council on the like recommendaticll may reduce his classification and salary or either of them (whether with or without transfer to another locality or office), or inflict such other punishment by way of fine or deprhation of leave as t.he Governor in Council determines. (3.) Any officer who is so suspended or dismissed shall not, unless otherwise ordered by the Governor in Council, be entitled to receive any salary for the period during which he did notperlorm or from the date upon· which he ceased to perform the duties of his office. (4.) The permanent head may at any time remove the suspension of any officer suspended under this section, whether before or after conviction.

1922. PUBLIC SERVICE. Public Service Act. ss. 29-32. ·10179 PART II.- ADMINIS- TRATION. (5.) This section shall not prevent an officer from being dealt with under some other provision of this Act, but an officer shall not be punished under this Act twice in respect of the same offence or matter. 29. If any officer absents himself from duty, except Officer cuopnosneclena t vl · yeed d ual ~ yysgroarntmedorca,s t m 1 le ay C boempmrel . sssc , lrOibneedr , mfoaryforueqrtreu . erne al W e?a I s t vheeno. ut t him to show cause why he should not be dismissed from the Public Service, and if, within a time to be specified in such notice, such officer fails to furnish the Commis- sioner with satisfactory reasons for such absence, he may on the recommendation of the Commissioner be dis- missed from the Public Service by the Governor in Council. . 30. No appeal shall lie to the Board or otherwise No appeal. howsoever in respect of any action or decision under any of the provisions of the four last preceding sections. 31; An officer .vho has been transferred by the Officer not Governor in Council, on the recommendation of the to reffuso C -,omml . SS . lOner, from one 0 ffice to another ' In any part trans er. of the State with not less than his existing classification and salary, shall not refuse to accept such transfer. An:v officer who refuses to accept such transfer shall he guilty of a breach of the provision~ of this Act. 32. (1.) If any officer- Offences. (i.) Is guilty of a breach of l1ny of the provisions of this Act; or (ii.) Is guilty of leaving the final judgment of any court of law for the payment of any deht unsatisfied for a period of three months; or (iii.) Disobeys, disregards, or makes wilful defanlt in carrying out any lawful order given by any person having authority to give such order, or by word or conduct displays insubordina- tion; or (iv.) Is negligent, ca.reless, or indolent in the dis- charge of his duties; or (v.) Is inefficient or incompetent in the dischaJ.'ge of his duties, his inefficiency or incompetency arising from causes within his own control; or (vi.) lJses intoxicating beverages or drugs to excess; or

10180 PART II.- A:OMINIS- TRATION. s. 32. PUBLIC SERVICE. Public Service Act. 13 GEO. V. No. :n, Minor offences. Charges against officerlil. (vii.) Is guilty of any disgraceful or iniproper conduct or of any act or conduct showing his unfitness to continue in the Service; or (yiii.) Otherwise than in the discharge of his duties, directly or indirectly discloses information acquired in the course of his duties or otherwise as an officer, except by the direction or with the permission of the departmental Minister; he shall be guilty of an offence against this Act and may be dealt with as hereinafter provided. (2.) If the permanent head has any reason to believe that an officer has committed a minor offence he may call upon the officer for an explanation as to the alleged offence, and, if on consideration of the explanation he is of opinion that the offence has been committed, he may caution or reprimand the offending officer, or may order to be deducted by way of penalty from the salary of the offending officer a sum not exceeding five pound8. Any caution, reprimand, or deduction frell salary by the permanent head shall be forthwith reported to the Com- missioner, and where the offence has been punished by a deduction from salary the Commissioner may, on the appeal as prescribed of the officer so punished, confirm, reduce, or disallow the penalty. The decision of the permanent head, or on appeal the Commissioner, under this subsection shall be final and without appeal. (3.) Where there is reason to believe that an officer (not being a permanent head) has committed an offence or offences other than a minor offence punishable under the last preceding subsection- (i.) The officer may be charged by the permanent head (and such charge may include several alleged offences) and may, if it is considered that the charge is of such a serious nature that the charged officer should not continue in the performance of his duty, be suspended by the permanent head, or, in emergent cases, by any officer prescribed as having power to suspend officers in the department or locality in which such officer is employed. If he is suspended otherwise than by the permanent head the suspension shall be reported forthwith to th-: permanent head.

1922. PUBLIC SERVICE. P1lblic Service Act. s.32. 10181 PART II.- AnMTNIS- TRA1'ION. (ii.) Suspension may be effected prior to, or at the time of, or subsequent to the making of the charge, and may be removed at any time by the permanent head, pending determination of the charge. (iii.) Upon a charge being made against an officer he shall forthwith be furnished with a copy of the charge, and shall, by notice in writing, be required to state in writing, within a time to be specified in such notice, whether he admits or denies the truth of the charge, and to give any explanation in writing which he desires to furnish as to such charge. If a reply is not made by such officer within the time specified, such officer shall be deemed to have admitted the truth of the charge. (i v.) If the permanent head, after consideration of any reports relating to the alleged offence and charge and the reply and explanation, if any, of the officer charged, and any further reports he may consider necessary, is of opinion that the alleged offence has not been committed, he shall, if the officer has been suspended, remove the suspension. But in every case the permanent head shall forthwith forward to the Commissioner the reports relating to the alleged offence and charge and the reply and explanation, if any, of the officer charged, and any further reports which he mav have obtained on the matter; and the Cm;"missioner shall deal with the matter. (v.) If the charge is admitted by the officer charged. or if the Commissioner, after consideration of the reports relating to the alleged offence and charge and the reply and explanation, if any, of the officer charged, and after such, if any, further investigation as he deems necessary, is of opinion that the charge has been sustained, the Commissioner may- (a) Caution or reprimand the officer or deprive him of his annual or other leave of absence during or in respect of a specified period; or

10182 PART II.- ADMINIS- TRATION. s.32. PUBLIC SERVICE. Public Ben'ice Act. 13 GEO. V. No. 31, Right of appeaL (b) Order to be deducted by way of penalty from the salary of such officer a sum not exceeding ten pounds; or (c) Recommend to the Governor in Council that a reduction be made in the classification and salary or either of them of the officer; or (d) Recommend to the Governor in Council that the officer be transferred to some other office or locality, which transfer may be in addition to caution, reprimand, depriva- tion of leave, deduction from salary, or reduction in classification and salary or either of them; or (e) Recommend to the Governor in Council that the officer be dismissed from the Public Service or required to resign within a. specified time (in which case the officer may be dismissed by the Governor in Council unless he so resigns) ; and the officer, however dealt with under this paragraph (v.), shall not, unless otherwise order_ed by the Governor in Council, be entitled to receive any salary for the period during which he did not perform, or from the date on which he ceased to perform the duties of his office. (vi.) If the Commissioner is of opinion that it is desirable that the charge should be inquired into by bome person 01; persons specially appointed for the purpose, he may, by notice in writing, appoint such person or persons: in that behalf to inquire as to the truth of the charge. Any person or persons so appointed shall have power to summon and examine upon oath any witness whose evidence may be deemed necessary or material,. and shall, after fully hearing the case, report to the Commissioner his or their opinion thereon. The officer concerned shall be advised by the depar~ mental Minister as to the nature of the punishment which the Com- missioner has imposed or recommended~ and the officer may, within the prescribed

]922. PUBLIC SERVICE. Public Service Act. ss. 33-35. 10183 PART II.- ADMINIS- TRATION. time, appeal against the decision or recom- mendation of the Commissioner, and the appeal shall be heard by the Appeal Board constituted as hereinafter prescribed: Pro- vided that any appeal which, in the opinion of the Governor in Council, is frivolous or vexatious may be dismissed by the Governor in Council without referring such appeal to the Appeal Board. (4.) If the charge against an officer who has been Charge not suspended is not admitted and the Commissioner, or on proven. appeal the Appeal Board, decides that the charge is not prov~ d, the suspension shall be forthwith removed and the suspended officer shall be reinstated in his office without any loss of salary in respect of the period of his suspension. 33. When the permanent head of a department is Offences by (lharged with any offence against this Act the depart- rr~ anf' nt mental Minister may suspend him, and in such case, ea s. whether such officer has been suspended or not, the provisions of the last preceding section shall apply, the words "departmental Minister" being read instead of the words" permanent head" wherever they occur in that section. 34. If it comes to the knowledge of the Commissioner C!0mmis- that any officer (including a permanen~ head). is allegedr~ ~ ~ ~ ~ emny to have been gUIlty of any offence agamst thIS Act, the in9uiry into Commissioner may suspend him, and in such case, mIsconduct, whether such officer has been suspended or not, the provisions of the last preceding section but one of this Act, shall' apply So far as such provisions are applicable, the word "Commissioner" being read instead of the words "permanent head" wherever they occnr in that section. Appeals. 35. (1.) The Appeal Board constituted under this ConstitutionAct shall consist of three persons, namely :- ~ o!rl.eal (a) A police magistrate or judge of the Supreml'l Court, who shall be appointed in each case by the Governor in Council ; (b) A person to be appointed in each case by the Commissioner to be and act as his representa- tive;

·10184 s.3S. PUBLIC SERVICE. PART 1I.- - - - - - - - - - - - - - - - - - - - - - - - - - ADMINIS- TRATION. Ptlbl-ic Service Act. 13 GEO. V. No. 31, (c) An officers' representative appointed in each case by the Union of which the appellant is or is entitled to become a member: Provided that if there be no such Union, or if the Union fail to appoint a representative within fourteen days before the date of hearing, the Governor in Council may appoint as the officers' repre- sentative some officer of the division to which the appellant belongs. Meetings. The term "Union" in this subsection means the Police Magistrates and " Tardens~ Association Union of Employees, Queensland,. the Public Service General Officers' As~ociation Union of Employees, Queensland, the Queens- land Government Professional Officers' Asso- ciation Union of Employees, the Queensland Teachers' Union of Employees, and any other association of employees in the Public Service who are subject to this Act which is duly formed and registered as a Union whether in addition to or in substitution for anvof the aforesaid Unions, and which new Union the Governor in Council is satisfied has interests which entitle it to separate representation on. the Board. I (2.) The Board shall meet for the despatch of business as often as is required. Secretary to Board. (3.) The Commissioner shall appoint or instruct some officer to act as secretary to the Board, and such secretary shall convene all meetings of the Board and shall keep a record of all the proceedings thereof and their decisions. Who to be (4.) The police magistrate or judge of the Supreme chairman. Court appointed as aforesaid shall be the chairman at any meeting of the Board at which he is present. In his absence, the Governor in Council shall appoint another police magistrate or judge, who shall be such chairman and have all the powers and perform all his duties during such absence. Board .to .act (5.) All powers of the Board may be exercised by a by maJority. majority of the members present at any meeting of the Board.

1922. PUBLIC SERVICE. Pttblic Servicc Act. s.36. 10185 PART II.- ADMINIS- TRATION. 36. (1.) Every appeal shall be in writing, shall Lod!?ing and C I ear I y and conC.lse I y set forth t he grounds upon wh l ' C h . h a e p a p r " m al [ ~ 1of the appeal is made, shall be despatched to the secretary to the Commissioner within the prescribed time, and, subject to this Act, shall be heard by the Board as early as practicable after the date when the appeal is received by the secretary. (2.) An appeal may he made- (a) In the case of an appeal against promotion, on the ground of' superior efficiency or equal efficiency and seniority to the officer promoted; or (b) In the case of an appeal in respect 01 an alleged offence, on the ground of innocence of the charge or excessive severity of the punish- ment. In the hearing of any appeal on the ground or the excessive severity of the punishment, the Board shall take into consideration the previous record of the appellant. (3.) Unless in t1ny particular case the Minister other·· Venuo. wise orders, appeals in the Southern Division of the State may be heard in Brisbane or elsewhere within the said Di~ ision, appeals in the Northern and Central Divisions of the State may be heard at Townsville and Rockhampton or elsewhere within the said Divisions respectively. The boundaries of such Southern, Northern, and Central Divisions shall be as prescribed by the Governor in Council: Provided that where officers are employed in remote localities, and where arrangements cannot conveniently be made for their attendance in person whether as appellants or witnesses, or where they would be subjected to great expense in travelling to appear before the Board, the Board may appoint a competent person or persons to take evidence on oath in that locality concerning the matter of appeal. Such evidence shall be forwarded for consideration of the Board. (4.) The secretary to the Board shall give to the Notice to aappppeealllawntillfobuerhcelaeradr. days' notice of the date when the ahpeparem.llga.nt of

10186 s.36. PUBLIC SERVICE. PART II.- ADMINIS- TRATION. P1tblic Service Act. 13 GEO. V. No. 31, Representa- (5.) Upon the hearing by the Board of any appeal, tion. the appellant and the Commissioner shall be entitled to be represented- (a) In the case of an appeal against promotion, by an agent or, if both the appellant and the Commissioner consent, by counsel or solicitOl; or (b) In the case of an appeal in respect of an alleged offence, by counsel, solicitor, or agent, who may examine witnesses and address the Board. . (6.) The Board shall make full inquiry into the claims of the appellant and merits of the officer promoted, or into the truth of the charge made (as the case may be) and, 80iter fully hearing the case, shall report to the Commissioner the proceedings and evidence taken and their decision thereon. The Board shall have the right to direct that any appeal shall be heard in public or in private. The Board shall inquire as to any matter without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure, or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not. *" The Official Inquirie8 Evidence Act of 1910" shall be applicable to every appeal heard by the Board. Decision. (7.) The Board may by their decision recommend to the Governor in Council that the promotion, decision, or recommendation appealed against be confirmed, set aside, or varied in any specified manner. If on an appeal in respect of an alleged offence the Board recommends that the officer should be dismissed, and the Commissioner has not already recommended dismissal, the case shall be referred by the Chairman of the Board to the Commissioner, who may recommend to the Governor in Council that the officer be dismissed from the Service or that any other prescribed punishment shall be imposed. The Commissioner shall transmit the Board's report and decision and the evidence, if any, so taken,to the Governor in Council together with his own recommenda- tion, if any. Final (8.) The final decision shall in all cases rest with the decision. Governor in Council. * 1 Geo. V. No. 26, 8upra, page 748.

1922. PUBLIC SERVICE. ss. 37-41. - - - - - - ~ - - - - -- - -- - -~ ~ - Public Set'vice Act. 10187 PART II.- ADlIHNIS- TRATIO:.T. 37. Notwithstanding anything contained in any When n,o other Act, no appeal from a decision or recommendation ~ ~ ~ i~ : om of the Commissioner or from a decision of the Appeal sionor, - Boar~ or of the Gov~ rnor in Counc~ l, under any provision ~ ~ ~ : ~ ~ or of thIs Act, shall he or be permItted to the Court of Governor in Industrial Arbitration or to any other court or tribunal Council. whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. P AR'I' IlI. -·MISCELLANEO {) S. PART III.- MlSCEL- L4:NEOUS. 38. If an officer is provided with board, quarters, fleduction lodging, rations, fuel, light, or uniform, the Com- q~ arters and missioner may direct that a fair and reasonable sum allowances. therefor to be fixed by the Commissioner be deducted from the salary of such officer. 39. The fact that any person is an officer of the Service in the Public Service of the Commonwealth shall not disqualify Comjmthon- h l · m f rom a I so executm . g t h e ( I ut ' leS 0 f an 0 f a ce I " n ] t ' 1e dwiesaqualinfoytf t o o r Public Service of the State. State Service. 40. (1.) The Governor in Council may arrange with Officer of the Governor-General of ~he Commo~ w~ alt~ for the ~ ~ ~ ~ ~ O~ y performance by an officer m the PublIc berVlCe of the discharge Commonwealth, for the Government of the State, of any ~ ~~ ~ ions. work or services, or for executing the duties of any office in the Public Service of the State. (2.) In any such case the Governor in Council mn.y make arrangements with the Governor-General for deter- mining- (i.) The rate of payment to be made by the Govern- ment of the State to the Government of the Commonwealth for the performance of such work or services or the executing of such duties for the State by such officer, and (ii.) Any matters which may require to be adjusted with regard to the performance of such work or services or the executing of such duties. 41. It shall be lawful for the Governor in Council, !'erforrnance at the request of the Governor-General of the Common- ~: !.~ ~~~ f~ r wealth, to authorise and cause any work or services to Government be performed for the Government of the Commonwealth ~ e~ ~ ~ mon- R

10188 ss. 42, 43. IIL- PART ~ ~ ~ ~ ~ ~ ~ MISCEL- LANEOUS. PUBLIC SERVICE. P~ lblic Service Act. 13 GEO. V. No. 31, by any officer in the Public Service of the State; and the Governor in Council may make arrangements with the Governor-General for determining- (i.) The rate of payment to be made by the Govern- ment of the Commonwealth to the Govern- ment of the State for the performance of such work or services, and (ii.) Any matters which may require to be adjusted vvith regard to the performance of such work or services. Re.',o1'd of 42. (1.) The Commissioner shall keep a record of all okfefpicte a rs n t d o b" o ff . ieers, show.mg . wIth regard to eac1 1 0 ffi cer- gaz,C)tted. ( a ) H I ' S age and da t e 0 f appo . m t men t ; (b) The office he holds; (c) His division and class; (d) His salary; (e) Such other particulars as may be necessary. Entries shall be made in such records from time to time of all deaths, dismi8sa]s, resignations, retirements, transfers, promotions, and reductions. (2.) The Commissioner shall, as soon as practicable after the thirtieth day of June in each year, forward to the Governor in Council, and publish in the Gazette, a list showing such particular" regarding the officers of the Public Service as the Governor in Council, upon the recommendation of the Commissio:ner, may from time to time decide to be necessary. Such list shall be prima facie evidence of the information contained therein. (3.) A copy of the list so published shall be laid before Parliament within fourteen days of publica,tion, or, if Parliament is not sitting, then within fourteen days after the commencement of the next session of Parlia- ment. Commis- sioner to report. 43. The Commissioner shall furnish to the Minister for presentation to Parli9,ment, at least once in every year, a report of his proceedings; such report shall be laid before Parliament forthwith, if Parliament is then sitting, or, if Parlia,ment is not sitting, then within four- teen days after the commencement of the next session of Parliament.

1922. PUBLIC SERVICE. Public Service Act. ss. 44-47. 10189 PART III.- MISCEL- LANEOUS. 44. Unless it is otherwise provided in the conditions Officer to ()f his appointment-- t ~ I e m v e ot t e o dwuht?ieles (a) Every officer shall devote the whole of his and not. to t , · I me dur· lng prescn· be cl i. WOI' kO mg h, ours t 0 the epnagidagweomrk performance of his official duties; and outside his (b) An officer shall not perform or engage himself office. to perform remunerative work outside the Public Service, without the sanction of the Minister on the recommendation of the Commissioner. 45. (1.) Any notice, order, or communication under Service of this Act, required or authorised to be given or served tonotice. -or upon any officer, may be served-- (a) By delivering the sa me to such officer; or (b) By leaving the same at his usual or last known place of a bode; or (c) By forw-arding the same by post in a prep8,id letter addressed to officer at his usual or last known plaee of a bode. (2.) 'When the address for the time being of any -officer is unknown to the permanent head, Board, Corn- missioner, or departmental Minister (as the case may be), and service of any notice, order, or communication is effected in terms of paragraph of subsection one hereof, notification of the fact of s11.ch service shall be published in the Gazette. 46. (1.) Notice of every Order in Council under this Notices, &c., Act shall ~ e pub.lished in the, Gazette, .and such. notice tlhall ~ ~ ~ lished in be conclusIve eVIdence of SUCil Order In CouncIl. the Gazette. (2.) Notices of appointments, transfers, promotions, reductions, resignations, retirements, and dismissals of officers shall be published in the Gazette in cases where the Governor in Cotmcil on the recommendation of the. Commissioner so orders. But nothing in this provision shall be construed to repeal or affect any provision of any other Act which directs the publication in. the Gazette of a notification of the appointment or any change in status of any officer. 47. (1.) The Governor in Council may, on the Power to . recomm • endation of the Commissioner, b v v Order in a de p l p e o ~ a m tte mEn t , CounCJl, declare that any power of appointment, & ~ . ' . to transfer, promotion, reduction, dismissal, or control of MIIllster.

]0190 ss. 48, 49. PART III.- J\!IT,CEL- LANEOUS. PUBLIC SERVICE. Public Service Act. 13 GEO. V. No. 31, any officer or class of officers which is by this Act conferred upon the Governor in Council (including the power conferred by subsection two hereof) shall be exercised by the departmental Minister on the recom- mendation of the Commissioner and not bv the Governor in Council. The publication in the G;'zette of notices of appointments, transfers, promotions, reductions, resig- nations, retirements, or dismissals made in pursuance of such Order shall not be necessary. Transfer of (2.) Any power of appointment, transfer, promotion, pSotawteers under r ~ educt . ion , dismissal , or control of officers under *" The Ed'.lcation State Education Acts, 1875 to 1912," or t" The Technical ; ~ ~ hnicaJ Instruct1:on Acts, 1908 to 1918," or any Acts amending Instruction or in substitution for those Acts, shall be exercised by Acts. the Governor in Council on the recommendation of the Commissioner, in accordance with this Act and not otherwise, and all officers or persons employed under those Acts shall be deemed to be under the control of the Commissioner for the same purpose and to the same extent as the other branches of the Public Service to which this Act applies. Performance 48. Where, in or by any Act, Order in Council, pro- 0 po 1 w d -:= u 'r t : l - . - e o s f and clama,tion, rule, rco b -ulat . ion J , bv-law, contract, or agreement / . officer in his any duty, obligation, right, or pmver is imposed or con- absence. ferred upon any officer in His Majesty's Service, whether in the Public Service or not (other than a Minister of the Crown or a judici8J officer) in his capacity as such officer, such duty, obligation, right, or power may, during his 4lmpor<1l'y absence or incapacity, be performed or exercised by any officer directed by the Governor in Council to perform and exercise the duties, obligations. rights, and powers of the first-mentioned officer during such absence or incapacity, in the same manner and to the same extent in all respects as the same might have been respectively performed or exercised by such first- mentioned officer; and everything done under or pur- suant to this section shall be a,s good and effectual for all purposes and against all persons whomsoever as if done by such first-mentioned officer. Power of 49. Whenever a question (which is not expressly by Governor in this Act left to the determination or decision of the Council to determine questions. * 39 Vie. No. 11 and Amending Acts, supra, pages 614 et seq. and 5123. t 8 Edw. VII. No. 7, supra, page 629 and 9 Goo. V. No. 13, supra, page 8486.

1922. PUBLIC SERVICE. Public Service Act. ss. 50, 5· ~ . 10191 PART III.- MISCEL- LANEOUS. -Commissioner) arises with respect to the rights or obligations of any officer under this Act it shall be determined by the Governor in Council: But the depart- mental Minister shall, before submitting the matter to the Governor in Council, refer the question to the Commissioner for his report. 50. Unless and until the Governor in Council by Public Order in Council otherwise determines, the several holidays. holidays appointed under' or in pursuance of *" The Holidays Act of 1912" shall be observed as holidays in the various departments: But the departmentallVIinister may require the whole or any part of his department to be kept open in the public interest for the whole or any portion of a holiday, and may require the attendance and services of any officer durinQ: such time, but such -officer shall receive ~ n equivalent holiday in lieu thereof. 51. (1.) In addition to any power by this Act Regulations. conferred on the Commissioner to make regulations with the approval of the Governor in Council as to any matter (which power shall in every case be implied for the purpose of any section of this Act in which regulations are referred to or in which the vwrd "prescribed" is used) the Commissioner with the approval of the Governor in Council may make any regulations which may be necessary or convenient for the carrying out of any of the provisions of this Act, or for better effecting the objects of this Act, and in particular (without limiting the generality of the foregoing provision) for all or any .of the following purposes, namely : - (i.) The appointment of officers of the Public Appoint- Service , ' ments and temporary The conditions under which persons may be employment. selected for appointment to the Service where appointment may be made without examina- tion; The mode of registering applicants for tempo- rary employment, and the mode of keeping the register, the mode of selecting persons thcre- from, the method of dealing with or punish- ing persons temporarily employed; generally the terms and conditions of any temporary employment; * 3 Geo. V. No. 17, 8upra, page 5463.

10192 s. 51. PUBLIC SERVICE. PART III.- MISCEL- LANEOUS. Public Service Act. __ - _ .. ._-------------- 13·GEo. V. No. ;)1, Divisions, classifica- tion, &c. (ii.) The arrangement of the Public Service in its' prescribed divisions; Facilitating the \vorking of the Public Service; The classification of offices and of officers; Arranging the various divisions into classes, and determining the limits of salaries to be paid to persons in sueh classes, or in such classes in any specified department or departments; Female~ . (iii.) The terms on which the service of female officers. may be dispensed with upon marriage; Transfers. (iv.) The conditions under \vhich officers of the Professional, Clerical, Educational, or General Division may be trt:'tnsferred to another of these Divisions; " \Vhere an officer is found to be in receipt of a. 'greater salary than the maximum determined bv the Governor in Council on the recom- mendatien of the Commissioner to be appropriate to the work of that officer, pro- viding as circumstances require for the transfer of such officer in the same department or to another department or division with or without reduction of salary and classification or either of them, and in case of such reduction with or without retention of eligibility to promotion as if no such reduction had been made; 'Where any office or any particular work or division of work has become of greater im- portance, or the duties incident thereto more onerous or extensive, than at the date of the last, classification, providing as circumstances. require for the alteration of the classification of such office or work, and the salary attach- illg thereto, and the assigning of such office or work to the officer then employed therein with a change of classification, or the treating such office or work as vacant or new- and the appointing or promoting thereto of some other officer or person: Where a greater number of officers is found to be employed in any department than the Govern"_l!' in Council on the recommendation of the Commissioner determines to be necessary for the efficient working thereof, providing aB -----

1922. I PUBLIC SERVIpE. ~ - - - I- - - - Public Service Act. s. 51. 10193 PA'tT 1II.- MrSCEL- J~ AN' JOUS. circumstances require for the transfer of any officer who is in excess to another office of equal classification abd salary; or, if no such office is available,1 to an office of lower classification and salary or either of them; or for his retirement if he Icannot be usefully and profitably employed els{!)where in the Service; (v.) Instituting entrance exaininations which candi- !~:xamin!l dates for employmentI in the Service shall tions. undergo and examinations in connection with promotion 1'ro:m one pffice to another, or from a division or dasls to another cli vision or class, or for transferIfrom one department to another; The n~tu~e of the ma.~ ter. and standard of exammatlOn tests; I The recognition a,nd accpptance by the Com- missioner of any specifiled degree, diploma, or certificate granted after examination by any approved university or lother examining body within or beyond the Stdte as being equivalent to any examination so prescribed; The manner of holding ~ xaminations and the minimum and maximum age of candidates and the period of resid4nce in the Common- wealth before examinati<l)n; Requiring candidates to submit themselves for medical examination; I Fixing the fees paya,ble fhr examinations; Registering the names of lall persons who have passed such examinatidns or who hold aN equivalent certificate wh~ ch has been accepted pursuant to the Regulations; The payment of examined; (vi.) The scales or amounts of hayments to be made TraveJEng..., t o 0 ffi cers t P or trans f· er or t trave 11 m ' g a 11 owances expenses, """ . or expenses, or for expenkes while engaged on reIieving duties; I The sca.1es or amounts of payments to be made to officers in respect of the increased cost of li:ring in distant ~ parts oE the State or other- WIse;

10194 s. 51. PM{'" l l l . - - -~ ~ -~ ~ - ~ - ~ ~ lVII3CEL- LANI1JOUS. PUBLIC SERVICE. Pnblic Service Act. 13 GEO. V. No. 31,1922. Officers genemUy (vii.) The duties and conduct of officers; The hours of attendEtllCC of officers; The method of recording attendances; Inspection, &c. (viii.) The inspection of departments; The powers and duties of inspectors; The examination (orally or otherwise) of officers, including permanent heads; the summoning and taking the evidence of witnesses and the production of documents at or for the pur- poses of any inspection; The punishment of any officer or any other person who obstructs, resists, or delays the Commissioner or any inspector or any other officer ~ of his department, or any person authorised or deputed by the Commissioner in or in connection with any inspection or in the discharge or attempted discharge of any power or duty conferred or imposed upon them or any of them under this Act; Leave of 3bsence. Extra. services. .Fidelity. Age. (ix.) The granting of leave of absence to officers; (x.) The performance of extra services and pay- ment of officers therefor; (xi.) The amount and nature of the security to be given for the fidelity of officers occupying positions the nature of which, in the opinion of the Commissioner, renders it necessary for such officers to find security for their fidelity; (xii.) Fixing, subject to this Act, the maximum or minimum age of persons "who may be appointed to any particular division or class, or to any parti('ula,r office; Returns. &c. (xiii. ) Notification to the Commissionel' of every punishment infEcted on any officer by virtue of this Act and the keeping of records thereof; Furnishing to the Commissioner monthly returns by departrnents or parts thereof show- ing changes in the officers of such department or such parts, or in the classification, salaries. fees, or allowances paid to or in the duties performed by officers;

PUBLIC SERVICE. s. 51. 10195 13 GEO. V. No. 7, 1922. Salaries Act. ------ --------------------- PAHT III.- MISCEL- LANEOUS. (xiv.) The dates, times, or periods of time at or Times, &(1. within w-hich shnJl be· done any things and acts required or permit,ted by this Act to be done, and in reSpE'et of which no dates, times, or periods of time are specifically provided; (xv.) Notifying vacancies and new offices by adver- Vacancies. tisement in the Ga.zette or otherwise; (xvi.) The allo\'mncE's to he paid to vvitnesses for Witnesses. their attenda,nce and expenses; (xvii.) The holding of periodical conferences between Conference. accredited representatives of the Unions re- ferred to in this Act and the Commissioner; (xviii.) vVhere there is .no provision in this Act or no GenClrally. sufficient proyision, in respect of any matter or thing necessary to give effect to this Act, prescribing in ·vi'lu:tt manner and form the want or insufficiency of provision shall be met. (2.) Such regulations Ill.ay be made either generally or with respect to any particular case or class of cases. (3.) All such regulations shall be pu blished in the Gazette and shall be laid before Parliament within fourteen 'days after such publication if Parliament is then sitting, or, if not, then within fourteen days after the commence- ment of the next ensuing session. ' An Act to Provide for the Reduction of the Salaries 13 Geo. V. No. 7. of certain Officers of the Public Service and of THE Ministers of the Crown and certain Officers AC SA T L O A F R 1 IE 9 S 22. in Parliament, and for the Reduction ot the Payment to Members of the Legislative Assembly. [ASSKNTED TO :JlST AUGUST, 1922.] -E J · 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 ParlirLment assembled, and by the au'thority of the same, as follows :- 1. This Act may be cited as "The Salaries Act of Short title 1922," and shall be deemed to have come into operation ~ ~ ! menc~ on the first day of .July. one thousand nine hundred and m,mt twenty-two.· .- of Act.